Janes, Hillcrest residents could access city road services if petitions are successful

LACONIA — City councilors will hold public hearings regarding acceptance of two private roads as public highways Monday night. 

The city council meeting is set for 7 p.m. on Monday, April 14, in the Armand A. Bolduc council chambers of City Hall downtown. 

Hillcrest Drive and Janes Avenue are mostly private roads located near Lily Pond and in the Weirs, respectively. Accepting the pair as city streets would allow them to receive city services. Those services could include municipal trash, and plowing and road maintenance.

According to a city staff report, they received a petition to lay out Hillcrest Drive as a public highway. The majority of property owners there provided necessary easements to accept the private sections of Hillcrest as a public highway, but two property owners who abut sections of Hillcrest have not. 

A road plat was previously approved by the city’s Planning Board, so that body doesn’t have to review a new one before the matter is heard by council. The lay out must be approved by a majority. 

After the public hearing, councilors have to consider a number of factors in their deliberations regarding acceptance of the road: integration with the existing road system; if it would ease the city’s existing traffic; improvement to the convenience of traffic; facilitation of transportation for school children; improved accessibility to business districts and employment centers; improved accessibility for fire, police and other emergency services; if it would benefit a significant portion or only a small fraction of the city’s tax base or year-round residents; and the anticipated frequency of road use. 

The public interest, as defined by those considerations, must be balanced against the anticipated burden to the city if the petition is granted. They’ve also got to determine the value of damages for “taking” the right of way for the property owners who didn’t provide easements. 

A landowner dissatisfied with the layout of the road has the right to appeal to Superior Court within 60 days. 

Similarly, city leaders received a petition to layout Janes Avenue as a public highway, according to a staff report. The majority of property owners there have also provided easements required to accept Janes as a public highway, except for one who resides on Centenary Avenue but abuts Janes. 

The planning board approved the plat for Janes on Feb. 4. As is the case regarding Hillcrest, a majority of councilors must approve the lay out and consider the same factors in their deliberations. 

To determine the value of damages for “taking” the right of way for those property owners who didn’t provide easements, the city considers: the value of land as determined by an impartial appraiser or multiple appraisals if the landowner wants to have their own impartial appraisal conducted; make reasonable efforts to negotiate with the landowner; and provide written notice of an offer, made public and served by certified mail. 

If an offer is accepted by a landowner, transfer and payment must be completed within 30 days unless an agreed-upon extension is made. If the offer is not accepted, the city council could move to a “declaration of taking” pursuant to RSA 498-A:5 to the Board of Tax and Land Appeals, or the owner could appeal the amount of damages to the same.