Town officials table street closing request

By Lynn Hotaling

Morris Street residents Jack and Marian Garrett spoke against closing an unconstructed portion of Morris Street during a public hearing last Thursday.

Jack Garrett said he does not oppose the road closing per se but wants to maintain access to his property.

"We own property the same as they do," he said. "I'm not trying to block their access. My point is whether or not it's a city street, we still should have access from the same road.

"I'm not opposed to the closure as long as I have access. I don't want anything from the town - I just want to settle the issue about my right to access my property," Jack Garrett said.

Mike and Carolyn Colton, who requested the action, and their neighbor Melissa Marteeny indicated at the hearing that they favor closing the street. Ann Marteeny, mother of Melissa Marteeny, was not present but sent town officials a letter stating her support of the proposed street closing.

County tax maps indicate that the Morris Street right of way goes through the former Jeff Hedden home, which the Coltons now own, and dead-ends at the Marteenys' basement door.

Opening or constructing the remainder of Morris Street, which has a steep grade, would require the condemnation of at least one house and would not be economically feasible, said Sylva zoning administrator Jim Aust.

Citing a recent court case involving the town's action in closing Broad Street, town attorney Eric Ridenour said he would recommend the unconstructed portion of Morris Street not be opened.

"There's a gray area in the law about opening up a 'paper street,'" Ridenour said. "We spent lots of time and money on that recently. The issue in the Broad Street case was whether a private property owner could open a paper street across private property, and Judge (Marlene) Hyatt found they could not."

The Garretts said they oppose closing Morris Street until right of way issues regarding Davis Street can be resolved.

Sylva town board members closed a portion of Davis Street in 1986 but there is some ambiguity as to exactly what segment of the street was actually closed, said Aust.

Because of possible discrepancies with regard to Davis Street, Aust recommended the matter be tabled to allow board members and the town attorney time to study all the documents.

"Tabling the street closing would make everything more fair to all parties," Aust said.

Last week's meeting was the third in a row to include discussion of the Morris-King street area, known locally as "Possum Holler."

During an Oct. 31 called meeting, town board members enacted a 120-day moratorium on modular housing in the town's most restrictive residential districts after receiving a petition from residents in that neighborhood who object to the appearance of the modular home erected by the Garretts earlier this year. The Garretts, who have erected one modular home between King and Morris streets, have a permit to build another.

Neighbors object to the existing modular because it has the appearance of a doublewide trailer, which would not be allowed in R-1 districts. Town board members enacted the moratorium in order to give Sylva's planning board time to revisit the issue and refine the description of the types of modular homes permitted in R-1 districts.

"When the planning board permitted modular homes in R-1 districts, the doublewide look was not their vision of a modular home," Aust said last month.

In other business last week:

- Town board members learned that the sidewalk currently under construction on N.C. 107 from Sunrise Park to N.C. 116 should be completed before Christmas.

Jesse Stiles of Dukes Engineering reported that sidewalk construction is going well for the most part but that one street light near Video Update will have to be moved. Town officials approved using about $2,800 from the project contingency fund to relocate the light.

- Board members approved spending some $5,400 for a personnel study to be conducted by the N.C. League of Municipalities. For its money the town will receive a recommended salary schedule and updated job descriptions for town employees.

- Jerry Atkins of PSNC Energy told board members that downtown businesses should have access to natural gas by Christmas.

- Larry Barthelemy of Cavanaugh & Associates, engineers for the Moody Bottom sewer project, said the design work for the project should be completed by Jan. 1 and construction should begin around Feb. 15. The project should be completed around June 15, he said.

Cavanaugh plans to meet with neighborhood residents tonight (Thursday) at City Hall to get their input on the sewer project, Barthelemy said.

Based on a "worst-case" scenario, Barthelemy estimated the project cost at some $652,000, a figure he said is sure to go down.

"It's easier to come back and say it's going to be half this amount than to come back and say it will be twice as much," he said.

Back to Archive: 12/12/02.