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Council approves layout of Janes Avenue as public highway with $2,000 damage payment

3294116 · May 13, 2025
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Summary

Following planning board approval and receipt of most abutter easements, the council laid out Janes Avenue as a public highway and assessed $2,000 to one abutter who did not provide an easement; the vote is subject to a 61-day challenge period.

The Laconia City Council voted Monday to accept Janes Avenue as a public highway and to assess $2,000 in damages to the sole abutter who did not provide an easement.

City staff told the council that the Planning Board had approved the plat for Janes Avenue on Feb. 4, 2025, and that a majority of property owners abutting the street had supplied easements. The staff memo attached to the agenda cited RSA 674:40 in connection with planning board approval and noted the council may approve the layout by a majority vote of those present.

Councilor Feltz moved to remove the item from the table and Councilor Hoffman seconded. With no members of the public stepping forward at the council’s request for comment, the council then voted to approve laying out Janes Avenue and to pay $2,000 in damages to Patricia Mayhew for the property taken for the road. The motion includes the same 61-day delay before effectiveness and a voiding provision if a court or the Board of Tax and Land Appeals finds the damages insufficient, consistent with RSA 231 procedures.

City staff said copies of all easements received were attached to the packet and that the one nonconsenting property owner had not been in direct contact with staff to explain the absence of an easement.

The council’s action directs the city manager to pay the damage amount pursuant to RSA 231:17 if no successful challenge is filed within the statutory period.