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Judge sides with cyclists; orders halt to Exit 4A road crossing

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Judge sides with cyclists; orders halt to Exit 4A road crossing


A federal judge is ordering a pause on construction of a stretch of road in Derry after finding that state and federal highway planners failed to follow proper regulations when they altered a proposed rail trail.

The ruling is a victory for the Committee to Save the Derry Rail Trail Tunnel, an advocacy group that argued the state’s shift in design from an underground tunnel for bicycles and pedestrians to a curvy ramp and crosswalk across a 6-lane road violated federal law.

The judge’s order means that the state’s Department of Transportation must decide now whether to appeal, perform a new analysis on the competing rail trail designs, or simply opt to build the underpass, which was its initial proposal.

“We’re not over the goal line yet,” said Bob Spiegelman, a cyclist and member of the rail trail advocacy group. “Hopefully DOT will just come back and regroup, and rather than waste more money and time trying to fight this, we’ll just go ahead and do the right thing and build according to the original approved plan.”

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In 2024, state highway officials formally submitted the new design for the crossing. Instead of burrowing under the new exit ramp off of Interstate 93 in Derry, the revised plan called for a ramp leading to the elevated roadway. Officials estimated it would save approximately $770,000 over the tunnel design.

Opponents derided the “spaghetti loop” nature of the path, and said it, along with the road crossing, was unsafe.

An existing rail trail begins in Salem and heads north along a paved, protected route into Derry. But there is an approximate one-mile gap where the Derry trail ends and the Londonderry rail trail starts again. Portions of the proposed connecting strip of trail happen to cross an existing rail corridor that was deemed historically significant by the state in 2009.

The Manchester and Lawrence Railroad was “an engineering feat in its day—the work of Irish laborers who cut through New Hampshire’s granite hillsides with hand tools and blasting powder,” Judge Paul Barbadoro wrote in his opinion.

Under existing federal regulations, highway projects that disrupt historically significant assets are required to undergo an evaluation to see if any alternatives plans could be implemented to lessen any impact. Barbadoro ruled that because that harm analysis wasn’t performed, construction on an approximate 1 mile stretch of the new road must be paused.

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William Cass, New Hampshire’s transportation commissioner, said his office is still reviewing its options. “The Department is disappointed by the order. We are working with the NH Attorney General’s Office to determine our next steps,” he said.

Construction has already begun on other portions of the new exit ramp, and DOT initially said that work on the section of road that would intersect with the rail trail could begin as early as August.

The one-mile stretch of road that’s being constructed as part of the second phase of the project was originally projected to cost $33 million, while the total cost of the new exit ramp and connecting roads are forecasted to top $134 million, portions of which are being paid for by the 2021 bipartisan federal infrastructure law.





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New Hampshire

N.H. lawmakers to vote on increasing tolls, civil rights, and k-12 education – The Boston Globe

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N.H. lawmakers to vote on increasing tolls, civil rights, and k-12 education – The Boston Globe


One proposal (Senate Bill 627) would generate more than $53 million per year in estimated revenue for turnpike projects by essentially doubling what certain cars pay on the state’s toll roads.

The cash fare for Hampton’s main toll booth on Interstate 95, for example, would jump from $2 to $4 for cars and pickup trucks. The toll wouldn’t increase at all for motorists who use New Hampshire’s E-ZPass transponders.

“Surrounding states already have the same in-state discount structure in place,” Democratic Representative Martin Jack of Nashua wrote on behalf of a House committee that unanimously recommended the bill.

A potential hitch: Governor Kelly Ayotte. She’s expressed opposition to the whole toll-hiking idea, and proven she’s not afraid to use her veto pen.

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Modifying civil rights standard

Another proposal (Senate Bill 464) would add a few words to the state’s Civil Rights Act. Instead of addressing conduct that is merely “motivated by” a legally protected characteristic, the proposed revision would address conduct that is “substantially motivated by hostility towards the victim’s” protected characteristic (such as their race, color, religion, national origin, ancestry, sexual orientation, sex, gender identity, or disability).

The prime sponsor, Republican Senator Daryl Abbas, an attorney, testified the change was small and aligned with the law’s intent. But the attorney who oversees the Civil Rights Unit at the New Hampshire Department of Justice, Sean Locke, testified in opposition, saying the proposal could reduce protections, especially since the meaning of “substantially” is somewhat vague.

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The House is also weighing a proposed amendment that would add a few more words than Abbas’s version, potentially narrowing the Civil Rights Act’s applicability a bit further.

Open enrollment for K-12 schools

A third proposal up for a vote on Thursday (Senate Bill 101) would make every K-12 public school in New Hampshire an “open enrollment” school. That way, students could freely choose to transfer to a district other than the one where they live.

The proposed policy is controversial, partly because of how schools are funded. Districts rely mostly on local property taxes to cover their costs, as the state government chips in relatively little, and property tax rates vary widely from one community to the next. That generates concern about who will foot the bill when a student transfers.

In light of those concerns, Republicans are offering a compromise amendment to SB 101 that would require the state to provide more money per pupil that a district receives via open enrollment, as the New Hampshire Bulletin reported. Democrats are offering their own amendment to establish a study commission on this topic, rather than adopt the proposed policy now.

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Lawmakers have until May 14 to take action on the bills that came from the other chamber, though they have until June 4 to iron out any discrepancies.

Amanda Gokee of the Globe staff contributed to this report.


This story appears in Globe NH | Morning Report, a free email newsletter focused on New Hampshire, including great coverage from the Boston Globe and links to interesting articles elsewhere. Sign up here.


Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.





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Boston MedFlight expands into NH

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Boston MedFlight expands into NH


Boston MedFlight often touches down at the scene of some of the worst tragedies in New England – where minutes can mean life or death for a victim. The critical care transport operation is now expanding with a new base in New Hampshire.

The organization is hosting an open house at the new Manchester location on Thursday.

Boston MedFlight flies a critical care transport paramedic and nurse on every flight. Jaik Hanley-McCarthy says their helicopters and ground vehicles are equipped to handle just about any emergency medical procedure.

“Anything that can be done in the ICU,” explained Hanley-McCarthy. “We have a mobile lab so we can draw blood and run labs in real time.”

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Boston MedFlight now has five bases across the region.

“Having a base in Manchester just expands this Boston-level care even further north to the more remote areas of the state,” said Hanley-McCarthy.

Boston MedFlight operates as a network of bases and some of the locations are staffed 24 hours.

Chief Executive Officer Maura Hughes says the nonprofit operation survives on public and private donations.

“We provide about $7 million in free care every year to patients,” said Hughes. “Not every hospital can be everything to every patient. We’re really the glue that keeps the health care system together.”

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Heather Young says her daughter, Teighan, is still alive because she was flown for a critical assessment and procedure after falling off a truck and hitting her head.

“She should not be driving and walking and talking and all the things she’s doing as quickly as she is,” said Young.

Teighan just turned 18 and plans to go to college to study the medical field.

“I want to be a nurse and help other people,” she said.

It’s stories like this that keep the men and women who work Boston MedFlight focused on their mission.

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“I think we just go call by call and try to do the best we can,” said Hanley-McCarthy. “I think when we stop and truly think about it, I think that weight is pretty heavy.”

Boston MedFlight also has a yearly reunion where patients and the team get together here in Bedford to meet and check in on their progress. It really shows you how connected they are to the people they help.



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Hiker who set out in warm spring weather found dead after snowstorm in New Hampshire mountains

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Hiker who set out in warm spring weather found dead after snowstorm in New Hampshire mountains


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A Massachusetts hiker who set out in warm spring weather was found dead deep in New Hampshire’s White Mountains after a snowstorm dumped several inches of snow in the area, authorities said.

Kent Wood, 61, of West Roxbury, was discovered Tuesday evening on a remote section of the Kinsman Pond Trail in Franconia Notch, about 5.5 miles from his vehicle, according to New Hampshire Fish and Game.

Wood had driven to Franconia Notch on April 17 for a weekend camping and hiking trip, and set out on a hike the next morning in warm, clear weather, officials said. Family and friends last heard from him Saturday afternoon.

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When he failed to return or make contact for two days, officials said relatives reported him missing Tuesday morning, prompting a large-scale search.

HIKER IDENTIFIED, POPULAR TRAIL CLOSED AFTER DEADLY FALL A UTAH’S ZION NATIONAL PARK

An aerial view of Franconia Notch State Park in New Hampshire, where a hiker was found dead on Tuesday. (Joseph Sohm/Universal Images Group, File)

Rescuers quickly learned Wood had packed for mild conditions, not the three to five inches of snow that fell in the area between Sunday and Monday.

Fog hovers over a narrow road through Franconia Notch in the White Mountain National Forest in New Hampshire on Dec. 27, 2021. (Andrew Lichtenstein/Corbis)

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Search teams from Fish and Game, PEMI Valley Search and Rescue, and the Army National Guard launched a coordinated effort, focusing on the Lonesome Lake and Kinsman Pond areas.

FAMILY’S SPRING BREAK HIKE TURNS INTO LIFE-OR-DEATH RESCUE AFTER PARENT FALLS 70 FEET OFF UTAH CLIFF

Conservation officers located Wood’s body around 7:41 p.m. Tuesday. Crews carried him out overnight, reaching the trailhead shortly after 1 a.m. Wednesday.

Franconia Notch and the Appalachian Trail are seen in New Hampshire on Sept. 21. (Carol M. Highsmith/Buyenlarge/Getty Images)

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Since Friday, six hikers from Massachusetts have been rescued in the White Mountains, Fish and Game said.

Officials are reminding hikers that winter conditions still grip the mountains, with snow, freezing temperatures and rapidly changing weather.



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