PARIS – Town Manager Sharon Jackson advised selectmen Monday that a legal opinion should be sought before taking action on a private garage that may have been built on town property.
Code Enforcement Officer Albert Holden said he had received a complaint from a property owner who wants to develop his approved subdivision at the end of Ken’s Lane, off Mountain View Drive. The subdivision, however, is not accessible because of a garage built on the road.
Selectman Barbara Payne questioned whether Ken’s Lane is still a town road. She said the road has not been maintained by the town at least since the garage was built in 1980.
Under the 30-year road abandonment rule, ownership of the road may have reverted back to the adjacent property owners, depending on when the road was last maintained. In this case, the land on either side of the road belongs to the owner of the garage.
Payne also noted that the town shares responsibility with the landowner for this problem. The garage was approved by the building inspector who issued the permit. The town has since assessed the property, and has been charging the landowner property taxes on the garage for 25 years. She also pointed out that the landowner has not been officially notified of the problem by the town.
Selectman Bruce Hanson argued that the property owner is already aware of the problem. In fact, the owner had supplied the board copies of a survey he had done in 2003, which clearly states that the garage is built on town property.
In answer to the question of whether the road has been maintained by the town, Hanson said he has talked with former road foreman who told him they plowed the road up to the garage and assumed that was the end of the road.
Hanson expressed concern that since the town has become aware of the problem, it may be liable if the property owner is injured in his garage, which is on town property. He asked that action be taken as quickly as possible because of this, and to avoid aggrieving other property owners.
Selectmen agreed that the town’s attorney should be consulted on the matter before any action is taken.
In other business, Jackson reported that the town has received a Federal Emergency Management Agency grant of $15,658.44, full reimbursement for damage caused by the Feb. 10-11 snowstorm. The town has also been awarded grants for the March 9-10 and 11-12 snowstorms.
Police officer Joe Cormier of the Paris Parks and Recreation Department reported that the Concert in the Park series in Moore Park will begin in two weeks. Concerts will be held in the fire barn in inclement weather. Cormier said one performer canceled, but the money budgeted for that night has been put toward two daytime performances for children. He has planned a drive-in movie at Veterans Field the night of the canceled show. Posters for the events should be going up soon.
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