PARIS – Selectmen on Monday tabled a decision on what to do about Ken’s Lane, which has a garage sitting in the middle of it.
The issue is whether to declare the southernmost portion of the lane off Mountain View Drive abandoned or seize it as part of a public way.
Richard Kennagh owns the land and the garage, which blocks access to developable property beyond it.
Kennagh’s attorney, Richard Trafton, has said his client believes the road status has been raised because a private company wants to develop the land beyond the garage. Trafton has argued that the town has no right to take the property because it hasn’t maintained the road since Kennagh bought his property there in 1964; therefore it is legally abandoned.
The garage was built in 1980, according to Selectman William Merrill.
The lane is paved and maintained by the town until about 40 feet before Kennagh’s property.
Selectmen had signed a notice declaring the southern portion “presumed abandoned” at their July 25 meeting. At their July 11 meeting, they voted 2-1 to declare it abandoned, but the vote in favor did not represent a majority of the five-member board so the matter remained unresolved.
The issue appeared on Monday’s agenda as “discussion on Ken’s Lane.” Chairman Raymond Glover said the board should act on behalf of the citizens of the entire town, and that “it would behoove the whole town to have Ken’s Lane passable.” Glover voted for abandoning the southern end of the road.
After Glover’s comments, Merrill moved “that the town take action on the obstruction by a garage on Ken’s Lane.” The motion was seconded by Selectman Kenneth West. Merrill had made the motion originally at the board’s last meeting, but it was not seconded. At that time, Glover had requested that the item be added to the agenda for Monday’s meeting.
Selectman Barbara Payne then read a lengthy statement detailing the history of the Ken’s Lane discussion. “We voted to abandon Ken’s Lane based on the law and the advice of our attorney,” she read. She pointed out that the land which had been described as being accessible only by Ken’s Lane had actually been accessed for logging purposes via a strip of land bordering the property of Glover’s daughter on Mountain View Drive.
“You, Ray, appear to be conflicted,” Payne said. “One cannot remain impartial and objective when torn between one’s household and the town.”
Glover countered that “the decisions I have made have been based on the best interests of the town, and not my wife and daughter.”
Town Manager Sharon Jackson suggested that no decision be made on the matter until the town’s attorney could be consulted. Since the town attorney was present at the meeting, Merrill withdrew his motion that action be taken, and Payne moved that the board go into executive session. With Merrill voting against the motion, the board entered executive session at 8:30 and returned about 9:15 p.m. to table the issue while more information is obtained.
Comments are no longer available on this story