Friday Updates - October 6, 2023

Friday, October 6, 2023

The General Sullivan House on fall day in 2015 Courtesy, Bernie Casey

Indigenous Peoples Day is Monday, October 9. All Town Offices and the Library will be closed. In 2017 the Durham Town Council passed a resolution declaring the 2nd Monday in October as Indigenous Peoples Day and reaffirming the Town’s commitment to promote understanding, friendship, and the well-being and growth of its indigenous community.

Staff continue to be very busy working on the preparation of the upcoming budget process for FY 2024.

“Small Town, Big Oil” is 50! - David Moore will be presenting on October 18 at 6:30 PM at the Durham Public Library. No registration is required, all are welcome.

The Durham SWAP SHOP will be CLOSING at NOON this SATURDAY (10/7).

COLUMBUS IN HIS OWN WORDS - An upcoming program at the Community Church of Durham

Monday, October 9 at 4:00 pm

Durham Community Church Chapel, 17 Main St., Durham

The journal of Christopher Columbus in his voyage of 1492 was described by Sir Clements R. Markham as “the most important document in the whole range of the history of geographical discovery, because it is a record of the enterprise which changed the whole face, not only of that history, but of the history of mankind.”

In observance of Indigenous Peoples' Day, Durham residents Chuck Hotchkiss, Linette Miles, David Richman, and Susan Richman will bring Columbus’s words to life in this dramatic reading. The script for this performance, based on Columbus’s Journal and other primary source materials, was created by Susan Richman. A discussion facilitated by Rev. David Grishaw-Jones will follow the performance. Sponsored by Durham United and the Community Church of Durham.

GAIL KELLEY V. TOWN OF DURHAM, ET. AL - Strafford County Superior Court denies abutter’s appeal and sustains Planning Board approval of Mulhern development project off Gerrish Drive

The petitioner, Gail Kelley, appealed the October 26, 2022, decision of the Durham Planning Board (“Board”) approving a subdivision application with conditional use permits.

The applicants propose to construct an age-restricted condominium development off Gerrish Drive in Durham (“the Mulhern Project”). The project requires both subdivision approval and a conditional use permit for two Gerrish Drive wetland crossings, both of which the Board originally granted on May 12, 2021. In an earlier case, the petitioner appealed that decision to the court, which held that the Board improperly accepted an incomplete application because the application lacked a verified High Intensity Soil Survey (HISS) Map. The court remanded the matter back to the Board for further proceedings. (June 1, 2022 Order).

Upon remand, both the Board and the Conservation Commission reviewed the HISS map and reached similar conclusions, with the Commission recommending approval of the conditional use permit and the Board approving both the subdivision and conditional use permit on October 26, 2022.

The court held a hearing on May 24, 2023, at which it heard arguments from Kelley and the Town of Durham (“the Town”) represented by Town Attorney Laura Spector-Morgan. Based on the certified record, the parties’ arguments, and the applicable law, the court found and ruled as follows:

“The petitioner’s concerns involve the verified HISS map submitted to both the Commission and the Board, specifically that the map was too small in scope; not properly explained by the applicant’s engineer; not used appropriately; and not understood by the Board. Per the court’s first order, the applicants submitted a HISS map signed by New Hampshire Certified Soil Scientist and Wetland Scientist Michael Mariano (C.R. 127), and verified by Certified Soil Scientist Michael Cuomo (C.R. Tab B), before the applicant’s engineer presented it to the Commission and Board. Neither entity expressed issues or concerns with interpreting the map, and, moreover, the record demonstrates that the Board reviewed each individual criteria in consideration of the additional information provided by the HISS map. (C.R. 270-71). That the petitioner proposes an alternative interpretation disagreeing with the applicant’s presentation and the Board’s conclusion does not on its own render the Board’s decision unreasonable. The petitioner also objects to the use of the Gerrish Drive access, claiming that there are two other potential access points that would create less impact on the wetlands which the Board should have further investigated. Zoning Ordinance § 175-61(B)(3) requires that “[t]he location, design, construction, and maintenance of the facilities will minimize any detrimental impact on the wetland.” This court previously determined that the Board is not mandated to procure additional reports or studies to compare whether the proposed use minimizes negative effects. (See June 2022 Order at 9). Notably, the petitioner does not argue that the record lacks evidence, but, rather, disagrees with the Board’s conclusions. (See Petitioner’s Att. ¶ 60, 71). Despite the petitioner’s contentions, both the Board and the Commission found the applicant’s efforts to minimize the impact on the wetland sufficient—specifically, designing two 11-foot travel lanes, three-foot gravel shoulders, and retaining walls and grades as low as possible while meeting engineering standards. (See Orig. C.R. 471, 523; C.R. 166, 170, 270). The record clearly demonstrates that the Board reviewed all WCOD and conditional use criteria, taking into consideration the HISS map, and once again approved the project. Despite the petitioner’s disapproval of the Board’s decision, the record does not reflect evidence that the Board acted unlawfully or unreasonably. The petitioner’s appeal, therefore, is DENIED.”

To read the entire court decision, you can download it HERE.

CONGRATULATIONS DURHAM DOG OWNERS!

The Durham Town Clerk-Tax Collector’s Office is pleased to report that 99% of Durham’s dogs are now licensed! As of October 5, 2023, the clerk’s office has issued over 1,100 dog licenses. If you are new to Durham or if you adopted a new dog, please contact the clerk’s office at 603-868-5577 and one of the great staff members would be happy to assist you. Residents may also obtain a dog license online HERE.

A sukkah in Durham to celebrate Sukkot, the fall Jewish harvest festival. Courtesy, Carol Birch

STRAFFORD REGIONAL PLANNING COMMISSION (SRPC) UPDATE TO TOWN COUNCIL TOOK PLACE THIS PAST MONDAY EVENING

Jennifer Czysz, Executive Director of the Strafford Regional Planning Commission (SRPC), gave her periodic update to the Town Council on Monday. 

There are nine regional planning commissions in New Hampshire providing services in every part of the state. SRPC’s catchment area includes 18 municipalities, extending from Newmarket in the south to Wakefield in the north. The planning commission (not to be confused with local planning boards) is responsible for creating a regional master plan, conducting a regional housing needs assessment, reviewing developments of regional impact, overseeing the regional transportation plan, maintaining a detailed geographic systems database, and facilitating efforts among cities and towns to enhance economic development, environmental health, and other concerns. Member communities pay dues to Strafford Regional Planning Commission in exchange for direct planning services. Wayne Burton and Leslie Schwartz represent Durham as SRPC commissioners. 

You can read more about the Strafford Regional Planning Commission at their website HERE. 

UPDATE ON DURHAM'S HOUSING TASK FORCE 

The mission of the Durham Housing Task Force is to identify, analyze, and advocate for a balanced and diverse supply of housing that meets the economic, social, and physical needs of the Durham community and its residents in order to maintain a vibrant community. The task force meets once each month at 10:00 am in Council Chambers, usually on the second or third Monday. The public is welcome to attend the meetings.

The task force hired RKG Associates to conduct a detailed housing assessment about Durham and the surrounding area, which should be completed in the next month or so. Task force members are now interviewing a number of employers and leaders of various organizations to get a sense of how the housing situation is affecting employment and engagement in town. After the RKG report is submitted the task force will prepare a detailed Housing Survey for broad distribution to the community. The task force also plans to hold a community forum in the spring to hear from residents about housing issues.

At the request of the task force, the Town Council voted on Monday to extend the time frame for the task force to complete its work to October 2, 2025. The task force also recommended various changes to its charge. The Town Council discussed those proposed changes on Monday and a few Council members plan to review the request and other possible changes and report back at an upcoming Council meeting.

You can see numerous documents related to the work of the task force and housing in general HERE. The task force had an excellent discussion in August with Marty Chapman, Director of the nonprofit Housing Partnership, which you can view HERE on DCAT (Item 7). Please feel free to contact Michael Behrendt, Town Planner, at mbehrendt@ci.durham.nh.us with any questions about the task force or housing in general.

There are a number of benefits to composting that not everyone is aware of. Some examples are listed below:

• Organic waste in landfills generates methane, a potent greenhouse gas. By composting food scraps and other organics, methane emissions are significantly reduced.
• Compost reduces and in some cases eliminates the need for chemical fertilizers.
• Compost enhances water retention in soils.

As part of its town-wide educational campaign, join IWMAC on Wednesday, October 25 at 6:30 PM at the Durham Public Library to learn more about composting, and how you can benefit from its advantages. If you’ve never tried composting, come learn about how easy it is to start!

Paige Wilson, with New Hampshire's Department of Environmental Services (NHDES), will be present to talk about the issue of food waste and share how NHDES, towns and individuals are working to keep food waste out of landfills.

Brought to you by the IWMAC Committee 

Questions about recycling or composting? Email us at DurhamRecycles603@gmail.com

Not sure if an item can be recycled? Click HERE.

Want to know more about the Swap Shop?  Click HERE.

Administrator Todd Selig checking out a Chevrolet EV police cruiser at the ICMA Conference this week in Austin, TX. Courtesy, Todd Selig

DURHAM POLICE DEPARTMENT AND HAVEN PARTNER UP FOR DOMESTIC VIOLENCE AWARENESS MONTH

October is Domestic Violence Awareness month! The Durham Police Department, in partnership with HAVEN want to take the time to help raise awareness, engage community members and reduce barriers for survivors of abuse. Domestic violence continues to be a widespread crisis, with 1 out of 3 women and 1 out of 9 men experiencing abuse by a partner in their lifetime. The Durham Police Department will be posting slides on our Facebook page, provided by HAVEN, that are focused on helping to meet this goal.

HAVEN is NH’s largest crisis center working to prevent sexual assault, domestic violence and stalking, and to support and empower men, women, youth and families to heal from abuse and rebuild their lives. HAVEN helps provide comprehensive prevention and client support, including 24 hour confidential support for survivors and their loved ones, emergency shelter and housing programs, in-person support at police stations, hospitals, courts and home offices in Rochester and Portsmouth, safety planning, youth mentoring and summer camp for children impacted by trauma, on line chats Mon-Fri from 9-4 via havennh.org, support groups for survivors of abuse and prevention programming for kids grades K-12.

As a community member you can go to https://havennh.org/ for ideas on how to become involved. HAVEN advocates are available for free and confidential support 24 hours a day at 1-603-944-SAFE (7233).

OCTOBER IS NATIONAL PEDESTRIAN SAFETY MONTH! - Both drivers and pedestrians must work together to ensure pedestrian safety in Durham and on the UNH campus

The Durham Police Department wants the public to know it is National Pedestrian Safety Month.

The Department will emphasize pedestrian safety through educational materials and increased directed patrols to ensure motorists and pedestrians alike are following the rules of the road. Fall is a great time for walking and the benefits are numerous.

As the National Highway Traffic Safety Administration (NHTSA) points out, walking can improve local economies and enhance social and community engagement, which can lead to more vibrant, resilient, and livable communities. Unfortunately, the last data gathered showed that a pedestrian was killed every 71 minutes and injured every 9 minutes in traffic crashes throughout the United States.

By bringing both an increased awareness through social media, combined with increased enforcement activities, we hope that everyone can remain safe while walking and enjoying the outdoors. 

On Saturday, October 21, 2023, from 9:00 am to 12:00 pm, the Durham Fire Department will host an open house at the fire station. In keeping with National Fire Prevention month, which occurs annually during the month of October, the open house hopes to bring awareness to the importance of fire prevention in the home and in the community. For more information, please scan the QR code. The Fire Department hopes to see you there!

The Durham Fire Department is accepting applications to fill an open vacancy and to create a hiring eligibility list for the position of Firefighter/AEMT. The hiring eligibility list may be active for up to eighteen months.

The full position posting and Town of Durham application may be found on the Town’s website HERE.

The application deadline is Friday, October 27, 2023, at 4:00 pm. Position to remain open until filled.  

The Durham Professional Firefighters Local #2253 would like to introduce Smokey the Fire Dog. Smokey will give short tips on Fire Safety, weekly so Parents and guardians can generate conversation with their children about Fire Safety. Keep an eye out in the weekly updates These small questions and tips are a great way for you as a Parent to teach your kids about Fire Safety, the more they know the safer they will be.

WEEK #39

The next couple of weeks we are going to prepare for Fire Prevention week. Fire Prevention week starts in October. So, it’s time to go back to where we started this year and review

Week 1, 2, and 3.

Week 1 - Dial 911 for an Emergency.

Week 2 - Know your Address.

Week 3 - Do we have an Escape plan?

MOHARIMET'S DAY OF WATER PROGRAM TOOK PLACE ON SEPT. 29

On Friday September 29, 2023, five Oyster River Middle School (ORMS) students traveled to Moharimet Elementary School to assist with the elementary school's Day of Water. During the event, Moharimet students of all grade levels (kindergarten through 4th) were invited to a "walkabout" during which they had 20 minutes to visit different booths to learn about water in various ways. ORMS students offered an interactive activity about watersheds. 

Thank you to the many community partners for their generous support!

OYSTER RIVER MIDDLE SCHOOL ANNUAL PIE FUNDRAISER KICKS OFF

Oyster River Middle School will be selling pies through October 20, 2023. All money raised will directly support the school’s clubs and field trips. People interested in supporting the school can place an order via a middle school student or contact the school's front office at (603) 868-2820.

NH AGRICULTURAL EXPERIMENT STATION PUMPKIN DAY - Saturday, Oct. 14, 10:00 a.m.–12:30 p.m., Kingman Research Farm, 333 Knox Marsh Rd., Madbury, NH 03823

Join the NH Agricultural Experiment Station for Pumpkin Day—an opportunity to learn from Dr. Chris Hernandez about UNH’s cucurbits research program. Participants will have the opportunity to decorate and take home a pumpkin or butternut squash grown right at UNH’s Kingman Research Farm. Oyster River Parents of Preschoolers will lead the decorating fun for aspiring scientists of all ages!

Registration is required. Click HERE to register.

Due to limited parking, we encourage carpooling to accommodate as many as possible.

Founded in 1887, the NH Agricultural Experiment Station at the UNH College of Life Sciences and Agriculture is UNH’s first research center and an elemental component of New Hampshire's land-grant university heritage and mission. We steward federal and state funding, including support from the USDA National Institute of Food and Agriculture, to provide unbiased and objective research concerning diverse aspects of sustainable agriculture and foods, aquaculture, forest management, and related wildlife, natural resources, and rural community topics.