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Council approves daycare at 208 Middle Street with fence condition
Summary
Town Council granted a special‑use permit to allow a family day home at 208 Middle Street for up to eight children and added a condition requiring a rear fence before the permit is final.
Smithfield Town Council approved a special‑use permit to allow a family‑day‑home childcare operation at 208 Middle Street, subject to licensing, inspection reporting and a newly added fencing condition.
Planning staff described the request as a home‑occupation childcare operation for up to eight children ages 2 months to 5 years, weekdays 7 a.m. to 5 p.m. (the planning commission recommendation included a grace period extending hours to 6 p.m. provided the applicant maintain state licensing and semiannual inspection reports). The applicant, Diamond Humphrey, told council she will live on the premises and that staffing will generally be two adults on site through rotating part‑time employees.
Council members raised safety concerns about the proximity to the road and letters submitted by neighbors. Councilmember Harris and Councilwoman Butler said they inspected the property and urged a fenced outdoor play area to reduce the risk of a child wandering into the street. The applicant said she had spoken with neighbors and was amenable to adding a fence.
Council adopted a substitute motion to approve the special‑use permit with the staff‑recommended conditions and an additional condition requiring installation of an approximately 4‑foot fence in the rear yard prior to operation. Council also confirmed the requirement that the applicant maintain state licensing and provide semiannual inspection reports to town staff.
The motion passed on a recorded vote. Councilmembers emphasized the town’s interest in expanding childcare capacity while protecting neighborhood safety; staff noted the applicant must obtain applicable county building code compliance and zoning/permit approvals before opening.
The council also discussed the option of scheduling a one‑year review for the permit as a mechanism to ensure neighborhood compatibility if concerns persist; however the council approved the permit with the fence and licensing safeguards as the primary conditions.
