Special Meeting Minutes--26 July 2006.

Present: E. Vose, M. Mansouri, B. Webb (alt), L. LaClair (alt), L.Weber

NOTE: THE FOLLOWING MINUTES WILL BE REVIEWED ON 16 AUGUST, 2006.

The Special Meeting was called by the Chairman, notice having been posted on 24 July 2006. The meeting was called to order at 7:30 PM. Mr. Lewis and Mr. Webb were designated as voting members.

New Business: Ken Ramsay, North River Road. Mr. Ramsay spoke for himself and for his mother, Mrs. Hogan, former owner of the property. Weldon Smith purchased a mobile home (formerly owned by Beverly Haskins) in the park. Mr. Smith got a building permit to demolish the existing mobile home on the property and replace it with a newer model. At the same time, he demolished a storage shed on the lot and replaced it with a Millbrook shed. Mr. Smith thought the installation of the shed was covered by his original building permit, but he was told he needed a separate permit for the shed. He applied for the permit, but was denied, as the new shed is located too close to the road. The shed is on the same location as the previous shed, and is the same distance from the road as three other sheds still in existence at the park. Mr. Smith was referred to the Zoning Board for a variance to the setback requirement. The new shed is 10 feet by 12 feet and is installed on a gravel base. It replaced the old shed this May. It is approximately the same size as the old shed, or maybe a bit bigger. The size is in keeping with the size of the existing sheds on the lots.

Mr. Webb said this is just a replacement in kind of an existing structure. Mr. Vose said that the shed is an improvement. It looks nice and is in keeping with the other sheds. Ms. Mansouri noted that we have allowed sheds within the setback in the past. Ms. Weber noted those sheds were the subject of actual variance procedures. Mr. Webb moved that this shed be designated as a replacement for an existing structure which qualifies for an exemption under Article XII of the Zoning Ordinance. Ms. Mansouri seconded, and all voted on favor. A letter will be sent to the Selectmen advising of this decision.

Old Business: Billiejo M. Sweeney, 59 Blackjack Crossing. Ms. Mansouri moved the reconsideration of the Board’s decision of 19 July to require a special exception for Ms. Sweeney to look after children in her home. Mr. LaClair seconded, and all voted in favor. A copy of a letter from Ms. Sweeney to the Selectmen was circulated. Mr. Vose described the situation as he sees it. A young couple has just bought this home. They care for one foster child, whom they are seeking to adopt. Ms. Sweeney looked with limited success for a licensed babysitter in town. She would like to stay home with her child, but needs extra income to do so, so she would like to care for other children in her home. The State requires the Zoning Board to sign off as a requirement for a State license. Mr. Vose said he thinks that State licensing is the best thing for children, as the State provides a high level of supervision for the day care provider. Mr. Webb asked if the other daycare providers mentioned in the letter had required a special exception. Mr. Vose said the day care with up to twelve children is part of the North Walpole district and is out of our consideration. Mr. Vose signed off on another license application from a foster parent in Drewsville, but his understanding was that she was caring only for her own foster children. Mr. LaClair said that Ms. Sweeney says the Drewsville daycare takes in other children as well. Mr. Vose said that if we require a special exception in this case, we are discouraging day care providers from obtaining a license. Ms. Mansouri said she believes this is a commercial activity as payment is being given for services. A discussion followed on the tax treatment of payment for child care. Ms Mansouri said she would agree with Ms. Weber’s suggestion waiver of application fees. Ms. Weber said that keeping kids for others is little different from raising one’s own children, which is obviously a permitted activity. Mr. Vose read RSA 672:1 V. a. This statute encourages the continuation of home day care, and states “The care of up to 6 full-time preschool children and 3 part-time school age children in the home of a child care provider…should not be discouraged or eliminated by use of municipal planning and zoning powers or the unreasonable interpretation of such powers…” Mr. Webb said this statute could authorize the Board to extend the allowance of child care to the Rural Agricultural District. He said he has a strong problem with waiving fees in any case, as this starts a precedent which is impossible to control.

All present were in agreement that the current language which permits home businesses in the Residential Districts, and which has been extended in the Ordinance to allow home businesses in the Commercial District, should be specifically extended to the Rural Agricultural District as well, by amending the Zoning Ordinance at next Town Meeting. Mr. Webb pointed out that when the ordinance was adopted, most families living in the Rural Agricultural District were actively involved in farming activities, but now the district is more a mix of rural and residential use.

Mr. Webb moved that the Board find that day care of children in the home is allowed in the Rural Agricultural District as it would be in the Residential Districts due to the provisions of RSA 672:1 V. a. The motion was seconded and all voted in favor. A letter will be sent to Ms. Sweeney advising her that she need not apply for a Special Exception.

The revision of the Zoning Ordinance to allow home businesses in the Rural Agricultural District will be discussed by the full Board at a regular meeting.

Other New Business: The Board approved language Ms. Weber has included in the directions and application for a Special Exception to make sure applicants are aware that Planning Board input may be required as one of the prerequisites for a Special Exception.

Mr. Vose informed the Board that he will be submitting his resignation from the Board before the next regular meeting due to his need to reduce the amount of stress in his life. Mr. LaClair moved a vote of gratitude to Mr. Vose for his long, dedicated and wise leadership. The motion was seconded and all voted in favor.

The meeting was adjourned at 8:36 PM. The next regular meeting will be held on Wednesday, August 16^th, 2006.

Respectfully submitted,

Lucy McVitty Weber