Upper Valley waste management company pleads guilty to falsifying reports
An Orange-based waste management company has pleaded guilty to falsifying annual facility reports and will pay a total of $100,000 in fines, state officials announced.
Hammond Grinding and Recycling, which specializes in construction and demolition debris, was charged earlier this year with exceeding the limits on unprocessed waste it was permitted to stockpile at the facility.
The New Hampshire Department of Environmental Services said that the violations pertained to annual reports submitted to the department for the years 2021 and 2022. The Hammond facility was not designed to handle the amount of unprocessed waste on site and exceeding the permitted capacity presented an environmental hazard and fire danger, the New Hampshire Attorney General’s office said in a news release.
Hammond President Tamra Hammond and Vice President Fred Hammond also each pleaded guilty to a misdemeanor offense for their roles in submitting falsified documents. Each were fined $1,000, which is suspended for two years on condition of good behavior and compliance with environmental regulations. — Valley News staff
Advocates sue to stop rail trail construction
Local advocates filed a complaint Monday (August 26) against the New Hampshire Department of Transportation and the Federal Highway Administration to halt construction of an interchange near a popular hiking trail in Derry that would eliminate a planned tunnel along the route.
The complaint, filed in U.S. District Court in Concord by the Committee to Save the Derry Rail Trail Tunnel and Rails to Trails Conservancy, alleges that NHDOT and FHWA’s New Hampshire Division failed to comply with federal laws protecting the Manchester & Lawrence Railroad Historic District and the Derry Trail Trail.
The complaint hinges on a design change proposed by NHDOT in 2022 and approved by FHWA in 2024 that plans to eliminate a previously planned tunnel as part of “The Derry-Londonderry Interstate 93 Exit 4A” project to construct a new interchange a mile north of the existing Exit 4A and provide access to the eastside of I-93.
“The new design completely obliterates the historic rail corridor within the project area, leaving nothing that resembles any feel of being where trains previously ran,” said Alex Vogt, a retired NHDOT engineer.
“The Derry Rail Trail Tunnel… is the most common-sense approach and would keep thousands of anticipated users safe while preserving the integrity of the historic corridor.”
In approving the design, the lawsuit claims that FHWA violated historic preservation protections provided by federal law, which forbids FWHA from approving transportation projects that will damage parks or historic sites, unless there are no prudent or feasible alternatives, which are demonstrated in the original design plan.
The original proposal, which was approved in 2020, included the construction of a tunnel to allow for the state’s planned expansion of the trail through the historic district which would prioritize minimal harm to the corridor and “preserve and enhance the historic features and values of the rail corridor.”
Despite the cited benefits of the original plan and opposition from residents at an informational meeting in September 2022 over the elimination of the proposed tunnel, the NHDOT stated the decision was final and argued that the new design would create a longer, more scenic route for hikers.
Additionally, officials said the elimination of the tunnel would save NHDOT $770,000 and save the town money on routine maintenance. The proposed alternative features a design coined a “spaghetti loop” path that would also prevent flooding in the area.
NHDOT Public Information Officer Richard Arcand declined to comment on the lawsuit Tuesday.
“I am relatively healthy and ride my bike often. The proposed ‘spaghetti loop’ design in Derry mixes grades that are nearly 5% with a hairpin turn, which is frankly dangerous and will make it even harder to get to the top of the long hill,” said Wayne Morris, a committee member from Windham.
“It will be a challenge for me and most people, not to mention a real safety hazard that will prevent many people from using it all together.”
Morris, committee members and residents expressed safety concerns for the thousands of bicyclists and pedestrians expected to use the trail and the nearly 40,000 vehicles projected to use the road daily.
Additionally, the complaint alleges the pedestrian crosswalk planned for the six lanes of traffic is unprotected from turning vehicles and does not provide sufficient time for older individuals and people with disabilities to cross.
“Many thousands of people are expected to use this corridor every week — whether they’re walking, biking or using ADA-compliant mobility devices. Their safety was never considered, which is tragic and unacceptable,” said Committee and RTC member Dave Topham, who has advocated for transportation, bicyclist and pedestrian safety in New Hampshire for decades.
The Committee and RTC are represented in the lawsuit by WilmerHale, an international law firm. — Jamie L. Costa, Eagle-Tribune
Derry state rep settles lawsuit with drag queens
A lawsuit filed against a New Hampshire State Representative by two drag queens suing him for defamation was dismissed this week after the defendant agreed to pay them each $100,000.
The lawsuit alleged that David Love, R-Derry, made several statements in 2021 about drag queen performers he labeled sex offenders during legislative hearings, at a Derry Town Council meeting and to media outlets.
In a public retraction made Tuesday, Love stated he was provided with inaccurate information that he failed to verify and therefore accused the plaintiffs, Robert Champion and Michael McMahon, publicly of being registered sex offenders and “rubbing butts” with children.
“I have since learned that those assertions were completely false,” Love said in the statement, provided Monday by Attorney Olivia Bensinger of Shaheen & Gordron, who represented Champion and McMahon.
“I wish to publicly retract those statements and apologize to Robert and Michael.”
According to the lawsuit, Champion of Bow and McMahon of Danville are both gay men and artists who perform as Monique Toosoon and Clara Divine, respectively. Champion hosted Drag Queen Story Time in Nashua in 2019 and McMahon hosted one in Derry at Tupelo Music Hall in 2021.
It was during McMahon’s event that Love claimed constituents saw McMahon acting inappropriately toward children, a statement that was later repeated across different channels.
Urging councilors to protect children from sexual predators during a Derry Town Council meeting in 2022, Love said the event “wasn’t wholesome” and that he didn’t think kids should be sexualized.
Scott Hayward, the owner of Tupelo, later told Manchester Ink Link that while performing, McMahon never stepped down from the stage and was at least 20 feet away from the children.
“That statement is about as false as it can possibly get,” Hayward said of Love.
In defending his statements, Love said that his claims were made in defense of House Bill 1259, an ordinance that would require all volunteers at libraries, like drag queens hosting story hour, to undergo background checks.
The bill was killed on the House floor in March.
Love tried to get the case thrown out last summer, claiming that his role as a legislator gave him blanket immunity but Champion and McMahon argued that shielding Love with immunity would allow elected officials to lie about private citizens.
A judge agreed and denied Love’s motion to dismiss.
Love, an incumbent, is running in the Republican state primary Sept. 10 in a contested race of 11 where only 10 will be nominated ahead of the general election in November. — Jamie L. Costa, Eagle-Tribune
