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Planning Board debates approach to state—11authorized home-based childcare rule changes
Summary
Staff proposed a new zoning section to implement state changes allowing home-based childcare; board members expressed concern about traffic and neighborhood impacts and asked staff to return with language clarifying whether oversight should be by right or conditional use.
Planning staff presented draft zoning language to implement state changes to home-based childcare, and the Somersworth Planning Board discussed whether the local approach should treat such childcare by-right or require a conditional use permit tied to neighborhood impacts.
Director Mears described the proposed new Section 34, “home based childcare,” which would define family child care and group family child care consistent with state statute (House Bill 157, effective Sept. 24, 2024) and provide application and criteria language. She said staff proposed to permit the accessory use in all districts and to update table entries and definitions accordingly.
Board members raised concerns that a by-right standard could permit operations with significant drop-off/pick-up activity and neighborhood disruption. Planning Board member Rhodes noted that a group family designation could allow up to 17 children for at least five hours of the day and said that in some neighborhoods “it could cause some pretty significant traffic issues.” Several members urged caution and recommended that staff investigate whether a conditional use permit could give the board oversight to address traffic, parking or hours of operation without triggering full site-plan review.
Director Mears acknowledged the options and advised care in drafting conditional-use requirements so they do not duplicate site-plan standards. The board did not schedule a public hearing or adopt the language. Instead members asked staff to revisit the draft and return with clearer language explaining what the board can and cannot require under a conditional-use framework and with examples of potential review conditions (traffic, parking, hours, outdoor play and signage) that would be legally permissible without requiring full site-plan review.
No formal vote was taken on the merits of the draft ordinance; the item was held for additional staff work.
