Sidewalk battle: Hampton, state at odds over sidewalks for new Route 1A harbor bridge

HAMPTON — Selectmen say they will not have the town take responsibility for the sidewalks built as part of the replacement of the Neil R. Underwood Memorial Bridge.

The sidewalks would be constructed by the state, which has had a policy for years of transferring the care and liability for sidewalks to the municipalities. Hampton town officials have rejected that policy in the past, however, and selectmen said Monday they again were not inclined to take ownership of sidewalks on state property.

Selectmen Chairman Richard Sawyer said agreeing to take ownership of the sidewalks on a state road, Route 1A, opens the town to maintenance costs and changes required for ADA compliance.

“That’s going to be borne by the Hampton taxpayers as opposed to the state of New Hampshire,” Sawyer said.

The state requested the town sign an agreement to maintain the sidewalks ahead of the bridge’s construction, slated to start in 2024.

Also rejected by Hampton selectmen Monday was a request they sign a municipal work zone agreement acknowledging the state has authority over who serves as traffic flaggers during construction. That rejection was recommended to the board by Hampton Police Chief Alex Reno.

Jennifer Reczek, project manager for the bridge construction, said the town’s rejection of the state’s agreements will not prevent the project from moving forward.

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However, she said, if the town declines to accept sidewalk maintenance responsibility, the state Department of Transportation (DOT) will review the project and determine what modifications can be made to remove or reduce the extent of the sidewalks constructed.

“NHDOT does not, by policy or practice, maintain sidewalks,” Reczek wrote in an email Tuesday. “As they are primarily a benefit to the community, we request that the town assume maintenance of them as required by the use of the federal funding.”

The project to replace the bridge is considered a top priority and is on the state’s “red list.” The new bridge is expected to cost $78 million, according to the state Department of Transportation.

The department says the existing bridge is functionally obsolete, insufficient for the 18,000 vehicles traveling over it each day and the scores of boats traveling underneath.

Reczek said the schedule calls for two years to build the new bridge and one year to take down the current bridge. If all goes as planned, the project should be completed by 2027, she said.

The design for the replacement is for a much taller span which won’t require the bridge to open for boating. It includes two travel lanes for vehicles in each direction, along with an eight-foot shoulder to allow bikers to proceed more safely, along with a sidewalk.

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Conflict over sidewalks not a new issue

A majority of selectmen say they do not believe the bridge is the place to give in on the sidewalk issue. It’s a battle the town has had with the state that goes back to the 1930s, when the state gained ownership of the beach and Route 1A.

“I don’t think that it’s our responsibility,” said Selectman Chuck Rage. “We just have to convince the state that its theirs.”

Town officials and the state has previously butted heads on whose responsibility it is to maintain the sidewalks on Ocean Boulevard at Hampton Beach.

Hampton officials have insisted for years the state is liable for the sidewalks on both sides of Ocean Boulevard since they are on state property. State officials have disagreed and argued the sidewalks on the town’s side belong to the municipality.

The issue was raised in a lawsuit filed by the town in 2018 in an effort by the Board of Selectmen to receive more revenue from the state. The board argued the town was carrying an unfair share of the responsibility to run Hampton Beach through services like police and fire. They used that filing to argue the sidewalks need to be covered by the state as well.

That lawsuit, however, was withdrawn by selectmen before it was heard in court. Still, to this day, the sidewalks go untouched by either the state or the town, according to Sawyer.

People with complaints often call the town looking for help with the sidewalks. Sawyer said those people are always directed to the state.

“Then the state DOT tries to refer them back to us,” Sawyer said. “It’s the standstill.”

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Hampton officials remain firm on sidewalk stance

Monday, when the sidewalk issue was raised regarding the bridge, the board took no vote.

Sawyer asked if any board member wanted to go forward with the agreement. No one made a motion.

Selectman Jim Waddell, who was not present Monday, said by phone Tuesday he wanted to learn more about the consequences of rejecting maintenance of the sidewalks. He was the only selectman who voted against filing the lawsuit that pushed responsibility of the sidewalks to the state.

“We need to make sure it’s an issue we’re going to win,” Waddell said. “Personally, I’m not sure how far I want to go on it.”

Waddell’s fellow board members said they were confident the agreement was bad for the town, however.

Bridle, who was one of the four selectmen who voted in favor of filing the 2018 lawsuit, remained reluctant to support bending for the state when asked by phone Tuesday.

“It’s their property,” Bridle said. “They should be in charge.”

This article originally appeared on Portsmouth Herald: Selectmen reject state’s sidewalk deal for Hampton Harbor bridge