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Council approves layout of Hillcrest Drive as public highway; two abutters paid $2,000 in damages
Summary
After public comment from neighborhood residents, the Laconia City Council voted to lay out the remaining section of Hillcrest Drive as a public highway and to assess $2,000 in damages to two abutters; the vote becomes effective 61 days after the action unless challenged in court.
The Laconia City Council voted Monday to lay out the remaining private portion of Hillcrest Drive as a public highway and to assess $2,000 in damages to each of two abutting property owners who did not grant easements.
The city manager and public works staff summarized previous public hearings, the easement status of abutters and the estimated costs of converting the street to a public way. City staff told the council that the measured approach to damages used comparable local takings and that the $2,000 figure was set to exceed typical minimums used in state guidance.
The council took the layout off the table on a 5-yes vote, then approved the layout and the damage assessments on a subsequent motion. Councilor Phelps moved the main motion and Councilor Haines seconded it. The council chair noted the vote “shall not become effective until 61 days from today” to allow for challenges and said the vote “shall be void if a court or board of tax and land appeals finds that the amount paid for damages is insufficient.”
Several residents addressed the council before the vote. Scott Mowery, who said he has lived on Hillcrest Drive since 1998, urged approval and noted that “the city goes down there twice a day,” referencing routine municipal maintenance and snow plowing on the route. Resident Jeff Dernowski, who said his family lives on the segment the council had not yet accepted, told the council the change would help older residents and families with young children: “We have several older couples...we have some newer people that are moving in with younger children ... So to be able to continue having that safety in mind ... would be great,” Dernowski said.
Staff clarified that accepting the road would not trigger immediate paving or construction; rather, it would allow the city to include the street in future planning and maintenance programs. City staff also noted the council’s historical practice of seeking a majority of abutter easements before laying out private streets as public ways.
The council approved the layout with the condition that payment to the affected property owners be administered by the city manager pursuant to RSA 231:17 and that the action is subject to challenge under RSA 231:15. The council packet includes the list of easements it received and a staff memo detailing estimated costs and damages.
The council directed the city manager to proceed in accordance with the RSA provisions and to hold funds until the 61-day challenge period lapses.
