Friday Updates - February 4, 2022

Friday, February 4, 2022

Punxsutawney Phil emerged from his burrow just after 7 am on February 2nd and was placed on top of the ceremonial log at Gobblers Knob in Punxsutawney, Penn. He saw his shadow, meaning there will be six more weeks of winter. Courtesy Getty Images from the World Wide Web

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OYSTER RIVER COOPERATIVE SCHOOL DISTRICT - Important dates to remember for school elections and district budget process.

• February 8th - Annual Meeting Session I - Deliberative ~ ORHS Auditorium 7:00 PM , Snow Date: February 9th
• March 8th - Annual Meeting Session II - Voting Day ~ Vote in Town of Residence

            Durham ~ Oyster River High School   7:00 AM - 7:00 PM

            Lee ~  Lee Safety Complex  7:00 AM - 7:00 PM

            Madbury ~ Madbury Town Hall 11:00 AM - 7:00 PM

The filing period for local elective offices in the school district closed today at 5PM. The following individuals have signed up to run for the offices below. To the best of our knowledge this is an updated list from ORCSD.

• 1 Moderator, 1-year term (Richard Laughton)
• 2 At Large positions, 3-year terms (Matthew Bacon from Madbury, Giana Gelsey from Madbury, Rita Bartell Drum from Lee, Marie Therese D’Agostino from Lee, Debra Harmon from Lee, Heather Smith from Durham)

MESSAGE FROM SUPERVISORS OF THE CHECKLIST

The School Deliberative Session will be held on Tuesday February 8 at 7 PM in the high school auditorium. You must be registered to vote in order to vote on wording of warrant articles. It is best to already be registered, but Durham Supervisors are making the half hour from 6:45 – 7:15 PM an official session for Durham residents who have not yet registered.

There will also be a session on Saturday February 26 from 4:00-4:30 PM at Durham Town Hall. This will be the last time people will be allowed to register before the Town/School Election on March 8. However, registrations will then be accepted at the election on Election Day.

Residents may also register to vote at the Town Clerk’s office any time they are open (up until February 26). These registrations are actually applications for registration and must be accepted by a majority of the Supervisors at one of our official meetings. 

Applicants for registration should bring with them proofs of identity, age, citizenship, and domicile. Driver’s license and passport are helpful. Affidavits may be signed under oath if proofs are lacking.

PLACEMENT OF ELECTION SIGNAGE IN RUN UP TO MARCH 8TH DURHAM TOWN ELECTION

Durham’s Zoning Ordinance addresses the placement of election signage in Section 175-126 of the Town Code. 

Types of Signs Permitted. B. Snipe Signs (Any sign of a non-permanent nature or construction attached to trees, poles, posts or sides of buildings or structures): 

The use of snipe signs is permitted on private property only for noncommercial events and elections. The limitations that follow are intended to allow for political speech while minimizing any visual distraction that could become a hazard to the traveling public, and also to preserve the visual and rural environment of the town. 

Snipe signs larger than that permitted below create an unsightly clutter which detracts from the visual appearance of the town, and create a danger to the traveling public by obscuring sight lines, entering and exiting traffic, and curb cuts and adjoining intersections. Such signs are limited to a period of 45 days preceding and seven (7) days after the relevant event, except political advertisements which are governed by RSA 664:17, provided: 

1.    The size of any snipe sign shall not exceed thirty-two (32) square feet; nor be more than five (5) feet above the adjacent finished ground level. 

2.    The number of such signs is limited to one per lot in Residence A and B Districts and to two per lot in other districts; provided that this provision does not apply to signs that express political speech such as an endorsement of a candidate for office or an issue on an election ballot. 

3.    Such signs are not permitted on public property. 

4.    Signs within a public right-of-way are allowed provided they comply with RSA 664:17 and that the top of the sign extends no more than three (3) feet above the ground surface so as not to restrict vehicle sightlines.

No sign is permitted on Town Property, however placement of a snipe sign in a ROW is permitted as long as the owner of the land over which the right-of-way passes approves.

The NH Department of Transportation provides guidance to candidates and their campaign workers about proper placement of political signs:

• The law prohibits placement of political signs on the interstate highways, including the entrance and exit ramps.
• The law prohibits placement of political signs on or affixed to utility poles or highway signs.
• Signs that create a traffic hazard or obstruct the safe flow of traffic will be removed. Please do not post signs on delineator posts or bridges, as the removal is costly.
• Signs will be removed to perform maintenance. 
• Placement of signs on private property requires permission from the landowner.
• Signs on private property that obstruct traffic signs or signals, or restrict a motorist's field of view at an intersection, will be removed as a traffic hazard. (RSA 236:1, 236:73)

RSA 664:17 also addresses the Placement and Removal of Political Advertising…

• No political advertising shall be placed on or affixed to any public property including highway rights-of-way or private property without the owner's consent. 
• All political advertising shall be removed by the candidate no later than the second Friday following the election unless the election is a primary and the advertising concerns a candidate who is a winner in the primary. 
• Signs shall not be placed on or affixed to utility poles or highway signs. Political advertising may be placed within state-owned rights-of-way as long as the advertising does not obstruct the safe flow of traffic and the advertising is placed with the consent of the owner of the land over which the right-of-way passes. No person shall remove, deface, or knowingly destroy any political advertising which is placed on or affixed to public property or any private property except for removal by the owner of the property, persons authorized by the owner of the property, or a law enforcement officer removing improper advertising. 
• Political advertising placed on or affixed to any public property may be removed by the state, city, or town maintenance or law enforcement personnel.  Political advertising removed prior to election day by state, city, or town maintenance or law enforcement personnel shall be kept until one week after the election at a place designated by the state, city, or town so that the candidate may retrieve the items.

WHY DURHAM HAS NOT IMPLEMENTED A LOCAL MASK MANDATE - Information from Administrator Selig

We continue to monitor local case counts, positivity rates at UNH compared to the State of NH as a whole (which continue to be comparatively low even given mandatory campus testing), work to align our collective planning efforts with UNH, evaluate what is happening across the region/state, evaluate Durham’s ability to actually enforce such a measure given limited policing capacity (the department is currently down four officers and Covid exposures have reduced our staffing by another three to four officers weekly), etc.  

Our general outlook at this stage of the pandemic is that individuals must make personal decisions concerning the level of safety they need to exercise based upon their personal health circumstances and the degree of risk they feel comfortable taking on. Someone with higher risk may want to limit trips to areas where people congregate in larger numbers, wear high quality Kn-95 masks, participate remotely in public meetings, etc. At the Town Hall -- and in all of our public buildings -- we have been recommending mask wearing regardless of vaccination status for months and compliance is extraordinarily high. Nearly everyone coming inside Town Hall wears a mask.  

Individual businesses downtown and elsewhere are able to self-select and require the wearing of masks by patrons. Whether or not they do is a business decision.  

To date, given the national and state politics around mask wearing (which is extraordinarily unfortunate but very real), the nature of the pandemic at this stage, and the clientele with whom we work in Durham (not simply UNH students, but numerous non-student residents and numerous visitors (from away) to Durham as well), we believe enforcement of a local option downtown-focused mask mandate will have limited benefit and will prove to be unsuccessful and highly problematic for our police department. 

People know the ins and outs concerning the pandemic, vaccines, masks, etc. and at this point in time are making conscious decisions about things like vaccinations and mask wearing given their personal circumstances and ideological/political/societal outlook.

We fully support the ORCSD in its mask requirement within school facilities to keep the children at school safe, as do we support UNH in requiring mask wearing within its own facilities for institutional health, safety, and operational continuation reasons. We also support the towns of Exeter and Portsmouth in their local decision making around this topic based upon local circumstances.

We continue to monitor the pandemic closely and will endeavor to revisit our approach on an ongoing basis as circumstances/needs change.

EMERGENCY GENERATOR SAFETY TIPS FROM THE FIRE DEPARTMENT - Improper use of a generator can result in Carbon Monoxide (CO) poisoning, electrocution, burns, and/or fire.

With unpredictable winter weather upon us, the potential exists for extended power outages resulting in the use of generators. Improper use of a generator may potentially result in Carbon Monoxide (CO) poisoning, electrocution, burns, and/or fire. The Durham Fire Department reminds you to play it safe by keeping these important generator safety tips in mind:    

1. Never run a generator in a home, garage, shed, basement, crawlspace, or any other partially enclosed area. Doing so can lead to dangerous and deadly levels of CO. Be sure the generator is positioned outdoors and well away from any structures and open windows.
2. Keep the generator dry. Operate the generator on a dry, level surface and do not use the generator in wet or rainy conditions.
3. Never power the house by plugging the generator directly into a wall outlet. Doing so may create an electrocution risk hazard to you, household members, utility workers and neighbors.  
4. Maintain an adequate supply of fuel in an approved safety can. Be sure to turn the generator off and let it cool before refueling.  
5. Follow all safety instructions that came with the generator and inspect and maintain your generator regularly to ensure proper operation. 

Remember, CO is a toxic gas that is colorless, odorless, tasteless and can be deadly within minutes. Symptoms of CO poisoning may include headaches, nausea, fatigue, dizziness, shortness of breath, and stinging or burning the eyes. It is recommended that you have a working CO detector (with a battery backup) on each level of the home, particularly outside sleeping areas and near any fuel burning appliances.  

If your CO detector is sounding and/or you suspect CO poisoning, please have all occupants exit the home immediately and call the Fire Department. 

Kenny Rotner Footbridge. Courtesy John Parsons

IT’S WINTER AND THE ICE ON NH’S FROZEN RIVERS, PONDS, AND LAKES CAN BE DANGEROUS - Exercise caution if you are out on frozen water in Durham and across NH.

As we annually note, before you venture out onto any frozen river, pond, or lake to ice fish, snowmobile, ski, skate, or snowshoe, play it safe by following these important guidelines, suggested by NH Fish & Game and passed along by the Durham Fire Dept., for ice safety:

• It is not advisable to drive vehicles onto the ice.
• If on foot, carefully assess ice safety before venturing out by using an ice chisel or auger to determine ice thickness and condition. Continue to do this as you get further out on to the ice, because the ice thickness will not be uniform all over the waterbody.
• Though all ice is potentially dangerous, the U.S. Army Cold Regions Research & Engineering Laboratory in Hanover, NH, offers a "rule of thumb" on ice thickness. There should be a minimum of six inches of hard ice before individual foot travel, and eight to ten inches of hard ice for snow machine or All-Terrain Vehicle travel.
• Remember - thick ice does not always mean safe ice! Ice can be thick, but not strong, because of varying weather conditions. Weak ice is formed when warming trends break down ice, then the slushy surface re-freezes.
• Be especially careful of areas with current, such as inlets, outlets and spring holes, where the ice can be dangerously thin.
• Stay off the ice along the shoreline if it is cracked or squishy. Don’t go on the ice during thaws.
• Watch out for thin, clear, or honeycombed ice. Dark snow and ice may also indicate weak spots.
• Small bodies of water tend to freeze thicker. Rivers and lakes are more prone to wind, currents and wave action that weaken ice.
• Don’t gather in large groups or drive large vehicles onto the ice.
• If you do break through the ice, don’t panic. Move or swim back to where you fell in, where you know the ice was solid. Lay both arms on the unbroken ice and kick hard. This will help lift your body onto the ice. Carry a set of ice picks; they can help you pull yourself out if you do fall through the ice; wear them around your neck or put them in an easily accessible pocket. Once out of the water, roll away from the hole until you reach solid ice.
• Ice safety is also very important for snowmobilers. Don't assume a trail is safe just because it exists; ask about trail conditions at local snowmobile clubs or sporting goods shops before you go.

For more ice safety tips, click HERE.

Main Street during today's storm. Courtesy Todd Selig

Jenkins Court during today's storm. Courtesy Todd Selig

OYSTER RIVER SCHOOL BOARD UPDATE FOR FEBRUARY 2, 2022

The Oyster River Cooperative School District annual Deliberative Session will be (weather-permitting) Tuesday, February 8, 2022 at 7:00 pm, at Oyster River High School Auditorium. The deliberative session is voters' opportunity to review, amend, and approve the budget and other items which will be on the ballot for March 8, 2022 town and school elections.

The Oyster River High School Class of 2022 Graduation Ceremony will be held Friday, June 10, 2022, with a rain date of the next day.

Several school and community activities are planned as Oyster River Middle School transitions to the new building.

• Final public opportunities to visit existing ORMS building – Friday, February 11, 4:00-6:00 pm or Saturday, February 12, 10:00am-noon.
• New ORMS building open for community viewing – Thursday, February 24, 4:00-6:00 pm.
• First day of school in New ORMS Building – Monday, February 28.
• Parent open house for grades 5 and 8 – Tuesday, March 1 (details provided later by team)
• Parent open house for grades 6 and 7 – Thursday, March 3 (details provided later by team)

Middle school students and staff are excited for the move. The ORCSD extends a thank you to the entire Oyster River community for supporting the school district and the new middle school building.

A forum with candidates for Oyster River School Board is tentatively scheduled for February 15, 2022. This event is not conducted by the School District directly and details will be forthcoming.

The school board meeting for February 16 is canceled. The next regular school board meeting will be March 2, 2022.

FINAL WALKS THROUGH HALLS OF THE OLD ORMS AND VISITS OF NEW ORMS

Two opportunities for final walks through the halls of the OLD ORMS, which has brought many great memories since 1935!  Masks will be required.

Friday February 11th  4:00 PM-6:00 PM (Last Open House)

Saturday February 12th  10:00 AM-12:00 PM (Last Open House)

Want to visit the new ORMS?  We have two time slots for community viewings:

Thursday February 24th:

10:00 AM-12:00 PM

4:00 PM-6:00 PM

Masks required and the entrance to the new ORMS is off of Dennison Road.  There is also public parking on Coe Drive and Dennison Road, within short walking distance.

TOWN STAFF TOUR NEW ORMS

A number of Town staff were treated to a tour of the new Oyster River Middle School on Tuesday. Andre Kloetz, project manager for the building and Principal of Bauen Corporation, the general contractor, led the tour. 

The four-story building is impressive. One is awed by a grand multi-story atrium just beyond the entrance. The gymnasium and concert hall (with a capacity of 900) are welcoming and beautiful. All of the rooms are generously sized - the library, science laboratories, music rooms, and general classrooms, many with attractive views outside. The tiles, walls, floors, and lockers are brightly colored. It is interesting to note that all of the bathrooms are individual all-gender bathrooms. Bullying tends to occur most in group bathrooms and now students will have safe, private spaces. 

The new middle school is very green. Andre expects they will receive the prestigious Silver certification - and possibly Gold - under the LEED program (Leadership in Energy and Environmental Design). There are 70 geothermal wells on site, drilled about 500-feet deep, that will provide heating and cooling. The roof of the building and the parking lot canopy are covered in solar panels that will provide electricity and heat. The school is well insulated and acoustically engineered with triple glazing on the windows. The building should actually be carbon positive (producing more energy than it consumes). 

The 50-million-dollar project serving 700 students and 100 faculty is coming in on time and on budget. The first day of classes is February 28.  

(A thank you to Dir. of Planning Michael Behrendt for pulling this excellent overview of our recent tour of the new ORMS together.)

AN UPDATE CONCERNING THE MILL PLAZA REDEVELOPMENT APPLICATIONS ON THE PLANNING BOARD'S FEBRUARY 9 MEETING AGENDA – Report/Recommendations from Contract Planner Rick Taintor, AICP to Planning Board

Durham’s contract planner, Rick Tainter, has provided recommendations to the Planning Board regarding the continued review of the application at 7 Mill Road for site plan and conditional use for mixed use redevelopment project, drive-through facility for bank, and activity within the wetland and shoreland overlay districts. 

Mr. Taintor recommends that the Board reopen the public hearing; consider new comments from the Conservation Commission, residents, and the applicant; and then decide how to proceed to decisions on the applications. This could include closing the public hearing and moving to deliberations, or continuing the public hearing to the March 9 meeting. 

Mr. Taintor notes the following for the Planning Board: 

1.    Recap of previous meeting: On January 12, 2022, the Planning Board opened the continued public hearing on the revised Site Plan for the Mill Plaza redevelopment project. The applicant’s attorney requested that the hearing be closed that evening. 

Board members discussed concerns about landscaping quality, long-term maintenance, and whether to require planting details to be provided before a decision or to address them in conditions of approval. 

Board members also discussed aspects of the proposed management plan including hours of operation and possible requirements for after-hours entrances to the residential units. 

During public comment, residents commented on pedestrian circulation (including the elimination of the ramp to Main Street), noise impacts, snow management (and impact on the Brook), landscaping and trees, wetland buffer impacts, and security issues. Several residents requested additional studies and analysis, including a study of pedestrian circulation through the site and input from the Police Chief. 

The hearing was continued to the Board’s meeting on February 9, 2022.

2.    The Conservation Commission discussed the revised site plan at its meeting on January 24, 2022 and submitted an updated report to the Planning Board on January 26. The Commission reaffirmed its prior recommendation that the Planning Board not grant the requested Conditional Use Permits under the Wetland Conservation and Shoreland Protection Overlay Districts on the basis that the proposed project does not meet the first required standard for granting each CUP. 

3.    A key procedural question before the Planning Board is whether or not to close the public hearing before moving to deliberations. In some previous projects, including Madbury Commons and Orion, the Board kept the hearing open and allowed the applicant to participate in the deliberations and the drafting of the Notice of Decision. Keeping the hearing open would also permit ongoing participation and input from residents, and would allow the Board to request any additional information that members deem necessary or useful to help them evaluate the project. 

Alternatively, if members feel that they have received sufficient information and public input, the Board could close the public hearing at any time and move to deliberations afterward. This would have the effect of closing off any further input from the applicant as well as the public and allow Board members to deliberate, draft conditions, and make decisions without participation by the applicant. 

As the Planning Board’s consultant, Mr. Taintor has expressed that he believes it would be more efficient and fairer to all concerned to close the public hearing and begin deliberations. Mr. Taintor notes the proposed project has changed very little in the last two years; residents have submitted over 340 letters and emails regarding the project since the application was submitted in June 2018; and the Board as a whole has not identified any additional studies or input that it needs to help it make a decision.

4.    If the Board closes the public hearing on February 9, Mr. Taintor believes the following is a potentially feasible timeline for completing the review process. 

• February 9 - Close the public hearing. Agree on the process and timeline going forward. Possibly proceed to deliberations on the CUP standards. 
• March 9 - Deliberate on the Conditional Use Permit standards. Note that the Planning Board must deliberate on the standards for each of the four requested Conditional Use Permits. Given the number of standards to discuss (8x4=32 general standards, plus 4x2=8 for the WCOD and SPOD — a total of 40 items), these deliberations may or may not be completed in one meeting. Vote on each requested Conditional Use Permit. 
• March 23 - If the Board has voted to grant the four Conditional Use Permits: Deliberate on the Site Plan application, Identify any conditions of approval, Direct planner to prepare a draft Notice of Decision to approve or deny each of the five applications.
• April 13 - Review draft Notice of Decision. Direct planner to make any changes.
• April 27 - Review revised Notice of Decision. Vote on the application for Site Plan approval. 

Mr. Taintor writes to the Planning Board he believes that this conceptual timeline is a best-case scenario, assuming that the public hearing is closed on February 9, and assuming that the Board can devote the entire meeting each evening to this project. He notes the timeline will likely be extended into the later spring or summer if the hearing is not closed on the 9th (because time will have to be set aside for input from the applicant and residents at each meeting), or if other projects need to be dealt with on the scheduled dates. 

5.    Mr. Taintor has once again provided his proposed template for discussing the Conditional Use Permit criteria to the Planning Board. 

SUPERVISORS OF THE CHECKLIST MESSAGE

The Supervisors of the Checklist for the Town of Durham will be holding several sessions in the coming weeks for the purpose of accepting applications for new voter registration, as well as requests for corrections to the checklist and/or change of political party affiliation:

The Saturday, January 29 session at 4:00 PM has been cancelled due to the impending snowstorm. Prospective voters may register at the town hall at any time.

Saturday February 26, 4:00-4:30 PM, Durham Town Hall: (this will be the last time people will be allowed to register before the Town/School Election on March 8. However, registrations will then be accepted at the Election on Election Day).

The School Deliberative Session will be held on Tuesday February 8 at 7 PM in the high school auditorium. You must be registered to vote in order to vote on wording of warrant articles. It is best to already be registered, but Durham Supervisors are making the half hour from 6:45 – 7:15 PM an official session for Durham residents who have not yet done so.

Residents who are not registered to vote may also do so at the Town Clerk’s office any time they are open. These registrations are actually applications for registration and must be accepted by a majority of the Supervisors at one of our official meetings.  

Applicants for registration should bring with them proofs of identity, age, citizenship, and domicile. Driver’s license and passport are helpful. Affidavits may be signed under oath if proofs are lacking.

Oyster River. Courtesy Carol Birch

ATTENTION ALL DURHAM DOG OWNERS! It’s time to renew your dog’s license for 2022. (Your dog could be Durham's Top Dog!)

Dog licenses may be obtained online at Online Dog License Renewal, by mail, or in person at the Durham Town Clerk-Tax Collector’s office 8 Newmarket Road, Durham, NH 03824. The fees to license your dog are $7.50 for an altered dog, $10.00 for an unaltered dog, and $2.00 if the dog owner is a senior citizen.

Once again, the Town of Durham will host the Top Dog raffle. This raffle was created to motivate and remind dog owners to license their pets every year by April 30, as state law requires. Residents automatically register for the Top Dog raffle when they obtain a dog license before April 30. The winner of the Top Dog raffle will receive a gift basket donated by the clerk’s office and their dog’s biography will be featured in the Durham Friday Update. 

Bo MacGregor was the lucky winner in 2021. Your dog could be the next Top Dog! Please contact the Town Clerk's office for more details on raffle rules and regulations. 

LAMPREY RIVER ADVISORY COMMITTEE WINTER 2022 NEWSLETTER

The Lamprey River Advisory Committee's fall Newsletter is now available and can be viewed HERE.