Council considers group home permit

PORTSMOUTH — Councilors debated at the last meeting if requiring group homes to get a permit and notify neighbors before moving in would violate a state law that gives these homes the right to locate anywhere.

When Middletown changed its ordinance to designate group homes as needing a special use permit approved for the location, Councilor Peter McIntyre brought the issue to Portsmouth.

Mr. McIntyre has said that he believes neighbors around a proposed group home should be notified and given the opportunity to express any concerns. But under the state designation, group homes are permitted by right to move in anywhere, without seeking variances or letting neighbors know.

The town solicitor reviewed Middletown's ordinance and state law before concluding that having Portsmouth make a similar change to its ordinance would be illegal.

"There are some cities and towns that say it's legal and have done the same thing," Mr. McIntyre said.

Councilors unanimously approved sending a draft of the amended ordinance to the planning board for its opinion. They also voted to ask local representatives to visit the group homes in town and have a meeting to discuss residents' concerns and how these facilities impact town services.

Several councilors felt that the town could not legally change the ordinance.

"While I agree that Child and Family Services put a strain on our town services," Councilor Dennis Canario said, "I don't see anything in the law that says we can supersede that."

Councilor Leonard Katzman said the state law "seems pretty straightforward to me." At the last discussion of this issue, Mr. Katzman strongly advocated against changing the ordinance, saying it would be discriminatory.

Councilor James Seveney said that the planning board will get the same legal opinion as the council has. "We're sort of just tossing a hot potato."

Councilor William West said that until the state law is changed, councilors should not act.

Three residents who spoke on the issue said they would like to see group homes regulated more.

"This issue is a gray area," said Kathleen Melvin, who supports changing the ordinance to let neighbors know when a group home wants to move next door. "I'm asking you, why don't you stand up for the citizens of the town?"

"I support group homes. But the execution by the state is not good," Philip Driscoll said He said that when Child and Family Services tried to buy a house near him, "the thing that was so deafening, if you will, was the absence of Child and Family Services from discussing the plan."

Sal Carceller said that group homes should be regulated like bed-and-breakfast businesses or motels. He said that whoever owns the group home opened it to make money.

By Jill Rodrigues

jrodrigues@eastbaynewspapers.com

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