By Terri O'Rorke, 23 April 2023

A twenty-five year-old man named Kyle Hendrickson of Berwick, Maine was arrested in Maine on Thursday, April 13, 2023 for allegedly threatening to “shoot up” Portsmouth High School. He posted a video which was taken just outside the school to his Snapchat account while waving around a handgun and making threats. Police also confiscated from his vehicle an AR-15 rifle, a shotgun, and tactical gear. He is currently being held at the Dover jail. 

The next day, April 14, school officials in Rochester received a bomb threat email, resulting in the school superintendent shutting down Rochester Middle School for the day and immediately contacting local police. Luckily, the threat was later determined to be a hoax.

In the meantime, while the bomb threat in Rochester was playing out, and a young man with a gun threatening a high school the day before, Gov. Sununu was at the annual NRA convention in Indianapolis giving what could be construed as a “testing the waters for a presidential run” speech. The following are excerpts taken from his roughly ten minute speech:

“Indianapolis, back for the first time in a few years. This is awesome. We have a full crowd. We have a full room. I was walking on the floor and seeing incredible manufacturers. Walking around, getting excited about not just the 2nd Amendment, but at the politics and all that. We’ll get to that, but first the freedom. The opportunity to be a part of something bigger than ourselves. That is what America is all about. A lot of you may know or not know that I am from the Live Free or Die state. As we are very proud in New Hampshire to remind ourselves and the rest of the country. And I always told folks, it is not some cute motto on our license plates. It is the essence of what we do. How we live. . . 

The heart of live free or die is limited government. Low taxes, local control and individual responsibility. All of these fundamentals, and I try to remind my other fellow Republicans, but the Founding Fathers had it right, as we say in New Hampshire, they were wicked smart. The last thing this country should have been about is the federal government. I am from the government. I am the governor. It ain’t about us. I am not here to solve your problems. The government is not here to solve your problems. What are we here to do? Create doors of opportunity. For you. Your family, your school. Whatever. You do you. That is what you do. That’s what live free or die is. You walk through the door of opportunity that best fits your needs. Not the door of opportunity that the government forces you through, that’s the old way of doing things. . .

I’m looking at thousands of people in front of me. It is about you. It ain’t about us. We have to appreciate this job and responsibility when we represent the citizens we represent. An opportunity that is so much bigger than ourselves. We have to walk into these situations, with our neighbors that are running for the planning board or the school board. We all have to have a little bit of that live free or die in us to remember what is the essence that makes this country great. I don’t mind saying this, but I see a lot of Republicans that I respect very much, but man, do they cave under pressure when it comes to the 2nd Amendment. What is that about? Politics get involved and they get all this pressure on them, and at the end of the day, you’ve got to pull yourselves out of these politics. You’ve got to ignore it. You have to say what is best for my citizens in this this country, and what is best is their opportunity. And look. Let’s face it. I remember a prominent Republican a couple years ago, and I think he said, we need to take the guns away first. Take them away early he said.What is that about? I am always going to hold folks accountable. Not just the left wing, but those in our party. At the end of the day, when we share those ideas of individual responsibility, the team gets bigger. That’s what I want. A bigger team. You want more members of the NRA? You want more members of the Republican party? You want more Independents on board? You want the next generation  saying, you know what, those are the guys I want to be associated with. . .

We can yell and scream all we want, but we want winners for tomorrow. So we’ve got to be inspirational and we have to be big again. Bigger than ourselves. Now obviously, we talk about leadership, we talk about what happens, we talk about the issue of the day. Tragedies. Mass shootings. It’s real. It’s at an unprecedented level. And every time there’s a mass shooting, or a tragedy, what do they do, they blame you. (POINTS FINGER INTO CROWD). They blame politics and they make a political story out of it. As opposed to saying what is the crux of the issue. We know that. It is undiagnosed mental health. It is a lack of opportunity in schools. It is not supporting law enforcement. It’s not supporting SROS or the hardening of the school. All these things we do, we don’t sit back. Well. We passed a law. They gave me a red flag law and I gave them a red veto pen. That is what you have to do. I saw someone getting excited because they were going to sign constitutional carry in four years. I signed it in four weeks because that is what is right. . .

We passed a law in New Hampshire that says you’re the federal government, we are the states. We go first. Shove it. We are not doing it. We are not doing it. Look, my closing message is think big. Think big. Think positive. How do you grow or inspire? I get back to how do we grow the NRA. How do we get excited about the opportunity to create for tomorrow. Not the law, not the imposing regulation, not the penalty on businesses and all that kind of crap. How do we get excited about opportunities. I am from New Hampshire. We are very pro-business. We’ve got Sig.  I’m sure our guys are here somewhere.  There are a lot of people, a lot of folks out there. We’ve got Ruger. The Redhawk, if you can handle that, the super Redhawk, the 9 inch barrel. That is pretty impressive, by the way. We have a lot of manufacturers. We’re creating a lot of opportunities for them. I want this team bigger. I want to make sure we are fighting for the finish line in 2024 when it comes to a presidential race or the Senator races or what I think are the important things, the governor races, or we are down to the school board with the most impactful decisions being made for your family and community.. .

We have to influence. We have to use all of the tools as our needs because lemme tell ya, as bad as the Democrats are, they’re good at influencing. They’re good at messaging. Look what they’ve done with young people. Look what they’ve done with academia. That is real and happening. We can complain about that, we can complain about the left-wing media, or we can do something about it and talk to our families and co-workers. We can inspire folks in our community to get back on this team.. . .”

 

Christopher Sununu, tone-deaf Governor of New Hampshire!

 

While the majority of the speech is in this article, you can click on the link below for the entire speech.

Chris Sununu Remarks to NRA Leadership Forum | C-SPAN.org

By Terri O'Rorke, 22 April 2023

It’s been more than 30 years since the NH Supreme Court issued a significant decision in the Claremont School District v Governor of New Hampshire court case.  

In 1992, the NH Supreme Court found the state’s constitution “imposes a duty on the State to provide a constitutionally adequate education to every educable child in the public schools in New Hampshire and to guarantee adequate funding.”

In 1993, the NH Supreme Court construed that Part II, Article 83 of the NH Constitution guaranteed students a right to a public education. Four years later the school funding system was found to be unconstitutional. The governor and legislature were thereby required by the court to define the elements of a constitutionally adequate education, figure out the costs and pay for it with equal taxation statewide. 

In Sept., 2006, after four governors and their legislatures did not comply, the NH Supreme Court again found the school funding system to be unconstitutional. Sixty percent of local property taxes goes towards funding public schools. After so many years and so many lawsuits, there remain districts who are still challenged by insufficient funding from property taxes. One problem is property values, they can vary quite a bit from one school district to the next. The taxes are levied at dissimilar rates, imposing unequal and unfair tax burdens on statewide property owners. 

As most education funding is on a per-student basis, school districts, mostly in rural communities impacted by statewide decline in enrollment, receive “stabilization” grants. This gives extra funding per student and helps school districts to preserve education standards. Unfortunately, these grants don’t help the large discrepancy in property tax rates between the poorest and wealthiest communities in the state. Even with the extra money from these grants, some districts with lower property taxes are still struggling with paying for public education. In other words, even though aid is targeted where it is needed throughout the state, property-poor towns have a tough time fulfilling their requirements.

In 2019, a lawsuit was brought by the ConVal School District again challenging what the state ought to be contributing to school budgets along with the formula for disbursing this funding. Judge David Ruoff ruled the state’s formula for funding was unconstitutional. The state then appealed the case to the NH Supreme Court who sent it back to superior court instructing them to specifically determine what school districts need to supply in order to provide an “adequate” education.

In the meantime, Frank Edleblut, Gov. Sununu’s Dept. of Education Commissioner, successfully got his school voucher program passed in the legislature in 2021, rerouting some taxpayer dollars to private and religious schools. Further burdening property owners.

On Wednesday, April 19, 2023, a lawsuit was filed in Grafton County Superior Court. Three plaintiffs from Penacook and Plymouth argue the state has failed (again) to comply with the constitutional requirement that property taxes (which pay for public school education) be equal statewide. This latest lawsuit asserts a dependance on property taxes (to pay for public school education) is in violation of NH Supreme Court’s 1997 decision in Claremont School District v Governor II. This case will probably last through the beginning of May with Judge David Ruoff presiding. 

Something to keep an eye on . . .

 

For those who are interested in what NH defines as an “adequate” education:

193-E:2 Criteria for an Adequate Education. –
An adequate education shall provide all students with the opportunity to acquire:
I. Skill in reading, writing, and speaking English to enable them to communicate effectively and think creatively and critically.
II. Skill in mathematics and familiarity with methods of science to enable them to analyze information, solve problems, and make rational decisions.
III. Knowledge of the biological, physical, and earth sciences, including environmental sciences that investigate the complex interaction of physical, chemical, and biological processes that take place on the earth, to enable them to understand and appreciate the world and the engineering, socio-economic, and geopolitical challenges around them.
IV. Knowledge of civics and government, economics, geography, history, and Holocaust and genocide education to enable them to participate in the democratic process and to make informed choices as responsible citizens.
V. Grounding in the arts, languages, and literature to enable them to appreciate our cultural heritage and develop lifelong interests and involvement in these areas.
VI. Sound wellness and environmental practices, including outdoor recreation, to enable them to enhance their own well-being, as well as that of others.
VII. Skills for lifelong learning, including interpersonal, environmental education, and technological skills, to enable them to learn, work, com

By Bobby Williams, 19 April 2023

In this country we have allowed, for some reason, the most xenophobic demagogues among us to take the lead on writing the terms of our immigration policy. A country that once welcomed immigrants as foundational to its identity now closes its borders and heaps abuse on vulnerable people for the crime of wanting to become an American. 

This country used to have reasonable entry requirements, guest worker programs, and pathways to citizenship. Our industrial strength – and our agricultural strength – was built on the labor of immigrants who came to this country to work hard and make good, and we have all benefited greatly from their efforts. 

But all my life, for no other reason than to satisfy the complaints of loud, angry bigots, we’ve been putting up walls and building cages and making it harder and harder for people to come to America and prosper.

Republicans have insisted on this, and Democrats have abetted them with bipartisan solutions have not appeased anyone. For all that’s been done to make the border a harsher place, the loud, angry bigots have only gotten louder and angrier. But there will never be a way to satisfy a movement that think it’s funny to trick Venezuelan asylum seekers into being dumped off on Martha’s Vineyard so GOP politicians can get air time on Fox News. 

Ron DeSantis. Greg Abbot. Ted Cruz. Donald Trump. Mike Pompeo. Tucker Carlson. 

These are some of the most hateful pukes in America – genuinely bad people working in bad faith to attack the least-empowered among us. These are demagogues who delight in targeting vulnerable groups for political gain, and yet they are the ones whose lead we follow on border policy. 

Even politicians who should be better get turned to the dark side, like Keene Mayor George Hansel, who worked with a libertarian PAC to put out a shameful-ass anti-immigrant commercial when he was running for Congress. 

It seems funny to me the way libertarians’ conception of liberty does not encompass the right of free people to move across borders. Maybe funny isn’t the word for it.

Meanwhile, George’s friend, Governor Chris Sununu (R), sent the New Hampshire National Guard down to the southern border for some godforsaken reason. 

This was announced in October 2022, right before the midterm elections. Not that I’m suggesting that sending our well-regulated militia out of state was politically motivated and in bad faith except that IT TOTALLY WAS, and also it affects the lives and families of 44 NH National Guardsmen who don’t even need to be down there now that the election is over.

More recently Sununu proposed spending $1.4 million in state money on sealing up the border with Canada, because he wants to remind the Republican base that he too is an angry man who can perform ritual hostility targeting disfavored groups. 

And they are at it again. The current anti-immigrant effort in New Hampshire is focused on attacking sanctuary cities, which are communities that have recognized that it is not the role of local government to be the enforcer of federal immigration laws.

The anti-sanctuary city bill, S.B. 132, has passed the Senate and will be discussed before the House Municipal and County Government Committee on Thursday, April 20 at 3 PM. You can sign in against the bill here and write to the members of the Committee here. Please let your legislators know that you oppose this unconscionable bill.

Keene is a sanctuary city, and this bill is an attack on us for our humanity.

It seems funny to me that the same party that passed a law preventing state and local police from having any involvement in enforcing federal gun laws also thinks that local municipalities do need to be drafted against their will into supporting federal immigration enforcement. 

Again, maybe funny isn’t the word for it.

By Bobby Williams, 17 April 2023

Tonight is predicted to be a "big night." A big night is a warm, rainy night in the spring, which means thousands of salamanders and frogs across the state of New Hampshire will be out and about, heading from forests to vernal pools for their annual breeding fiesta. 

Many will be crossing the road, which makes it important for drivers to be careful this time of year. Special care must be taken when driving through rural, low lying areas that are likely spots for amphibians to be crossing the street.

Here in Keene, we actually close a couple of our roads on those few nights in spring to ensure the safety and stability of our local amphibian population, in recognition of the vital role they play in our local ecology as a key link in the food web. This initiative has been spearheaded by the Harris Center for Conservation Education in support of their “Salamander Crossing Brigade” program. 

We had another big night around here a couple weeks ago, where, after years of helping peepers and wood frogs cross the street, I found my first yellow spotted salamander - as show in the attached picture.

Finally, here are some notes from Keene Public Works to those considering a visit to the North Lincoln Street Salamander Crossing tonight:

  • Amphibian migrations take place after dark, in wet weather only.
  • If you are planning to visit the North Lincoln Street site to observe the migration, please dress for the weather and bring a flashlight for every member of your group. 
  • Families are welcome to come to North Lincoln Street when that road is closed for amphibians, but we ask that only trained Salamander Crossing Brigade volunteers in proper safety attire visit the Jordan Road crossing due to safety and lack of parking in this area.
  • When North Lincoln Street is closed to traffic, a Harris Center naturalist will be on site from shortly after sunset until 10:00 PM.


 

 

 

 

 

 

 

By Terri O'Rorke, 16 April 2023

We’ve all heard about the “parental bill of rights” or SB 272. This is a bill that would require school staff and teachers to report to parents, if asked, as to whether their child is or might be LGBTQ. To be clear, these students have broken no school rules or have harmed other students. They are just behaving in a manner their parents might not understand, be aware of or approve of. 

To require school staff and teachers to do, what amounts to, spying for parents is not right. Not only that, it is a form of discrimination against any student who is perceived as “different.” Or in this case, as LGBTQ. To do so would only foment a feeling of mistrust for the student. To do so could also send a child, unknowingly, back to a home where he or she could be harmed.

There is an upcoming hearing at 10:00 am of the House Education Committee on Tuesday, April 18th. The committee will then vote on SB 272 on April 25th. We urge you to contact the members of this committee and let them know you OPPOSE SB 272.

By Bobby Williams, 12 April 2023

There is an ordinance coming through the City Council process that would roll back restrictions on consumer use of fireworks in Keene. I think fireworks cause a lot of environmental damage and other harm, and would like to keep the restrictions where they are.

First off, note that we are talking about allowing fireworks for consumer use , not commercial displays like at the college graduation or a baseball game. Commercial displays are already allowed through a city permitting process. But all the growth in the fireworks industry is in consumer fireworks.

I would note that the above chart ends in 2020, which was a bumper year for fireworks, when consumer fireworks flooded the market for pandemic supply-chain-related reasons. I recall people around the neighborhood setting off fireworks every night, to the endless annoyance of my beloved wife. Flashing lights and loud noises give her a headache.

That was in my neighborhood in East Keene, which is pretty densely populated. The new rules would not allow fireworks in neighborhoods like mine – they are to be restricted to the rural and agricultural zones. While I am deeply skeptical of how well that restriction would be honored in practice, launching fireworks in rural areas comes with its own problems. 

Noise pollution is high among them. That loud report – BANG BANG BANG snap snap snap snap snap – freaks out all animals in a surprisingly large radius. The effect on dogs is well known, but also consider the effect on wildlife – especially as our ordinance pushes these displays into the rural zone. Many species will simply desert areas where such disruptive human activity is present, retreating deeper into the woods or disappearing altogether. 

Fireworks noise can also be a triggering factor for some veterans who have Post-Traumatic Stress Disorder (PTSD). People on the autistic spectrum can also be affected by the combination of loud noises and flashing lights. These concerns can be mitigated somewhat, in the case of commercial displays, by prior announcement and notification to neighbors in the area – but there will be no such mitigation for consumer fireworks, which people might launch off at any time without prior warning to those who may be affected.

Fireworks also cause a lot of air pollution. Keene should also be specially attuned to air quality issues given its geographic setting, on the floor of a glacial valley that is subject to atmospheric inversions. If fireworks are launched during an inversion, the smoke – high in particulate matter and laced with toxic metals - can be expected to linger in the city for an extended time.

In addition to these toxic metals – potentially including lead - residue from fireworks includes perchlorate. Perchlorate is an oxidizer used in fireworks that makes the rocket burn, and is also a thyroid disruptor, posing a risk to human health as well as to the local ecology. The Environmental Protection Agency is currently running studies on how perchlorate from fireworks is affecting local watersheds, soils, and sources of drinking water.

And of course there is the litter. Fireworks create so much litter. Don’t get me started.

Also fireworks contribute significantly to the risk of, you know, fire.

If you live in Keene and, like me, you aren't a big fan of this change, your best bet is to get in touch with your City Councilors and let them know - their contact details can be found on this page.

The topic will also be up for discussion at the meeting of the Planning, Licenses, and Development Committee at 6:00 in City Hall on Wednesday, April 12. Be there if you can!

By Terri O'Rorke, 8 April 2023

Just a few days ago, I watched in stunned horror, (along with most of America) the egregious, racist expulsion of two, young, black Tennessee state legislators. The White legislator was spared expulsion due to one vote in her favor. Their crime? They lent their voices to citizen protestors in the wake of yet ANOTHER horrific mass shooting last month, this time in Nashville.

We can’t vote those two legislators back in to their lawfully elected seats, but there is an action we can take here. We can take a few moments to call, email or text our Democratic representatives and ask them to introduce a resolution censuring the Tennessee Republicans for their anti-democratic and racist removal of their colleagues.

We also need to explain this resolution is not only a shunning of the Tennessee Republican legislature but, should this get to a vote in New Hampshire, it would put any NH Republican legislators who vote against it on record as supporting anti-democratic and racist actions.

Step 1 is to contact your Democratic representatives and let them know you want this resolution proposed to express the will of the people. To be clear, we don’t expect New Hampshire to act upon EVERY injustice that happens throughout our country, but this expulsion by the Tennessee Republican legislature smacks of authoritarianism and is very dangerous for our democracy and our nation! Make sure your reps understand this. 

Step 2 is to then remind voters during the next election cycle of those candidates who were in support of anti-democratic and racist actions!

To contact your representatives, here are the links:

The New Hampshire House of Representatives (state.nh.us)

The New Hampshire State Senate

By Terri O'Rorke, 6 April 2023

Today in Tennessee, democracy died a little bit at the hands of racist Republicans in the Tennessee legislature. Let’s back up a bit . . .

On March 29, 2023, six people, three of them nine year old children, were gunned down in yet ANOTHER mass shooting, this time in Nashville, Tennessee. Three days later, hundreds of people including adults and school age children gathered at the Tennessee Capitol, utilizing their First Amendment right to peacefully protest. Which they were doing for stricter gun laws. Three Tennessee House legislators, Gloria Johnson, Justin Jones and Justin Pearson, all Democrats, added their voices by speaking out against gun violence and urged their colleagues to vote for common sense gun legislation. They did this on March 30 in the legislature, KNOWING they were breaking a House rule but felt strongly they had to give their constituents a voice. 

"I fully acknowledge that. But I broke that rule in order to fight for Tennessee's children, Tennessee's teachers, Tennessee's churches. We have got to address this issue. And we have got to make sure that both sides of the aisle are talking about this issue. And I will break protocol if I need to fight for Tennessee kids," Johnson said. "2,000 people were outside the doors begging us to talk about gun violence. The least we could do is acknowledge that they were there... that they cared and they're fighting for their community." 

The Republicans in the Tennessee House of Representatives were not happy with that. Johnson and Jones were stripped of their committee assignments because of the chants while Pearson had no assignments as he was newly elected in January. Clearly that wasn’t enough. . .

Today, April 6, the Tennessee House held a hearing to vote to EXPEL the three Democrats because of their involvement in a protest concerning gun laws. For what they referred to as “disorderly” gun reform chants from legislators trying to end senseless gun violence.

For exercising their First Amendment right. 

Today I watched, in real time, the blatant, in-your-face act of racism in the state of Tennessee. Rep. Jones was expelled in a 72-25 vote. Rep. Johnson was retained in a 65-30 vote. Rep. Pearson was expelled in a 69-26 vote. For those who are unaware, Rep. Pearson and Jones are Black, Rep. Johnson is White. 

This expulsion vote was unlike any other vote in Tennessee history.

This does not bode well for democracy not only in Tennessee but in our country. We must remain ever vigilant that something similar NEVER happens here in New Hampshire!

By Terri O'Rorke, 2 April 2023

Ever wonder about the origins of our state flag? I did and this is what I discovered. 

New Hampshire declared its independence from Great Britain on Jan. 5, 1776. That same year the state constitution was being written and a state seal was being designed by the First Provincial Congress. Represented on the seal was a pine tree and an upright fish on either side of a bundle of five arrows. The arrows represented the (at the time) five counties, the pine tree and fish represented the principal trade of the colony.

First state seal of NH
First state seal
New Hampshire Constitution
Constitution of New Hampshire

On the seal was the inscription, “COLONY OF NEW HAMPSHIRE * VIS UNITA FORTIOR” (translation: “A united force (is) stronger.” The first record of the seal dates back to Sept. 1, 1775 on commissions issued to military officers by the Provincial Congress. July 5, 1776, was the last known use of this seal on an act of the General Assembly, however, it is still used (along with the modern seal), on the cover of copies of the State Constitution.

In 1784, the legislature changed the seal to show a ship on stocks. The sun rising in the background was a reflection of Portsmouth, which had become a busy shipbuilding center. 

In 1931, Gov. John Winant formed a committee to design a new seal. Later, these new recommendations were approved by the General Court, a law was enacted and then codified the new official state seal design. On Jan. 1, 1932, the changes went into effect. 

The new state seal used the warship USS Raleigh encircled by a laurel wreath and nine stars. (The Raleigh was built in 1776 in Portsmouth for the new American Navy.) The wreath represents fame, honor and victory, while the nine stars declares NH was the ninth state to join the Union. The water represents Portsmouth harbor and the tiny, yellow-colored bit of land is granite, representing NH’s rugged landscape and strong people. A new seal also had a new inscription: “SEAL . OF . THE . STATE . OF . NEW . HAMPSHIRE”

New and old flag of Utah
The new flag of Utah and its predecessor.

Many other state flags are based around its official state seal and New Hampshire is no different. By 1876, more states had their own state flag, often due to the urging of the Post Master General who wanted to display them or by groups such as the Daughters of the American Revolution. By 1925, a majority of all states had flags. 

Currently, some states such as Massachusetts, Minnesota and Illinois have already filed (or plan to do so) bills looking into their state flag design. Other states have already undergone the process of redesigning their state flag such as Mississippi in 2020 and Utah just this past week. Georgia has a much more stream-lined flag since the early 2000’s.

Here in New Hampshire, the possibility of a new state flag design is being discussed. According to Rep. Tom Cormen, he and Rep. Jonah Wheeler are going to propose a bill to have a commission do research to see if there is a need for a new state flag. That would be the first step. Should that pass, we’ll see where this goes.

 

 

By Bobby Williams, 1 April 2023

Last summer as part of broader efforts to address the ongoing crisis of housing and homelessness, I pitched various entities within the City of Keene on the idea of reforming the current restrictions on building Accessory Dwelling Units (ADUs) in our community. I’m happy to say that an ordinance for ADU reform is now making its way through the City Council process.

Accessory Dwelling Units are smaller, secondary housing units that share a property with existing single-family homes. They can be attached to the existing house – like when an attached garage is converted into a “mother-in-law suite,” or they can be detached as a separate building on the property.

Currently we allow ADUs in Keene, but with substantial restrictions. For example, detached ADUs are only allowed in the Rural and Agricultural zones. This means that all of the many old carriage houses and stand-alone garages in densely populated residential areas close to the city center are currently off limits for conversion into living space. This latest ordinance should change that.

This is a valuable opportunity because, as I was quoted saying last year, “The quickest, most affordable and equitable thing we can do to increase the availability and reduce the cost of housing in Keene is to enable more people to live in the buildings we already have.”

As luck would have it, a policy brief, authored by Emily Hamilton and Abigail Houseal of George Mason University, was recently released that takes a look at New Hampshire as a case study as part of a national study of state laws concerning ADUs. The study sites the following factors that make New Hampshire a relatively well-suited state for ADU building. To quote the study, these are:

  • High rental rates
  • Binding supply constraints on other types of housing
  • Existing stock of large, relatively lightly occupied single-family houses
  • Large lots
  • Demographics that support housing construction, including people with funds to build them, families looking for intergenerational housing solutions, and student renters

According to Hamilton and Houseal's analysis, the three major regulatory barriers that tend to limit construction of ADUs are owner-occupancy requirements, parking requirements, and requirements for a conditional use permit. All of these requirements will tend to reduce the number of ADUs that get built, and thus reduce the effectiveness of ADU construction as a tool for use in easing the housing shortage.

While Keene’s new ordinance does not require a conditional use permit for an ADU, it does require that each ADU come with a parking space and that the owner of the property live there, in either the main house or the ADU. I actually know of an ADU in Keene that currently sits empty due to that owner-occupancy rule.

Unfortunately, the researchers were able to get data on ADU counts from only a few municipalities – town-level data is far too difficult to assemble in this state. But one does what one can with the data one has. In this case, there is enough at least a nice table of different policies in several NH jurisdictions:

Being as Keene and Portsmouth are of similar sized populations, this suggests, once detached ADUs are no longer restricted, we might settle into a pace of about six new ADU permits a year - or perhaps more as no conditional use permit will be required. We could do even better by dropping the parking and owner-occupancy requirement.

Of course, regulatory changes only go so far. While among the most affordable options for housing development, ADUs are still quite expensive to build from a homeowners perspective, and so better funding mechanisms are needed. 

Recently, large developers have been able to rake in housing incentives from federal funds that are channeled through the state. Dollar-for-dollar, these corporate handouts would be a lot more effective at bringing affordable housing to market if they were made available to homeowners seeking to finance ADU projects.