Concerns voiced over sidewalk construction

By Lynn Hotaling

Funded by the N.C. Department of Transportation and the town of Sylva, the 1.8-mile sidewalk will stretch from Sunrise Park Road (intersection of U.S. 23 Business and N.C. 107) to N.C. 116. The sidewalk will be constructed almost entirely within existing DOT right of way and will run along the Kel-Save/Wal-Mart/Ingles side of the highway.

Project engineer Marvin Mercer of Civil Design Concepts in Asheville explained the specifics of the proposed route to Sylva's town board members and other interested parties. His plan calls for a 5-foot-wide sidewalk with a 2-foot landscaped buffer strip between the walkway and N.C. 107 wherever possible. In most instances where the sidewalk will cross existing pavement, the asphalt will be cut and concrete sidewalk poured and finished to the level of the pavement, Mercer said.

Exceptions will be in the area of Roberson's Supply and Movie Time Video. Because that area does not fall within the DOT right of way, the sidewalk route will be marked with striping, Mercer said, but existing pavement will not be cut. Easements have not been signed, but property owners have agreed verbally to the striping, said Jesse Stiles of Dukes Environmental of Sylva, the company overseeing the sidewalk project.

Other areas where the sidewalk will be located outside DOT right of way are Wal-Mart, Video Update and the State Employees Credit Union, Mercer said. All of those businesses have signed easements to allow the project to proceed.

Because of the steep grade in front of Video Update, Mercer said, the sidewalk will narrow to 4 feet in that area, which is the minimum allowed under state and federal standards. At the entrance to Wal-Mart, the sidewalk will turn right and "wrap around" the super store's entrance road in order to move the pedestrian walk away from the congested traffic light.

In front of the Credit Union, the sidewalk will be 5 feet wide and will be next to the curb. The buffer strip will be eliminated in order to preserve the ornamental trees in front of the bank.

Mercer assured those present that all driveways along the sidewalk route will be preserved. In some cases driveway approaches will be enhanced by the sidewalk project due to the grading and fill that will be required to construct the sidewalk to meet all state and federal requirements with regard to slope and accessibility, he said.

Dan Cansler of Smoky Mountain Auto Parts expressed reservations about the 2-foot buffer strip and about liability if a town sidewalk runs through his parking lot. He also questioned the need for a sidewalk at all.

"The sidewalk is not a problem," Cansler said. "But why the buffer strip when the area is already paved?"

Providing a buffer strip will "move pedestrians away from fast-moving traffic," Mercer said. "Our goal is a good-looking, safe sidewalk." The buffer was requested by DOT officials, Mercer said.

Cansler next initiated a discussion of liability and who would be at fault in the event of an accident involving a vehicle and a pedestrian traversing the new sidewalk.

Town attorney Eric Ridenour said such questions would be for a jury to decide on a case-by-case basis.

In response to Cansler's question as to why the sidewalk was proposed at all, Sylva board member Audrey Tritt said the town board had received "a lot of requests" for a sidewalk.

A sidewalk exists on the opposite side of Highway 107, Cansler said, but it is virtually unused.

The concerns of another business owner, John Forrest of Smokey Mountain Video, were more specific. His parking is already limited, he said, and sidewalk construction could make a bad situation worse.

"All my customers park against the building, and it's all they can do to back out without backing directly into the road," Forrest said. "If you take 7 feet, they won't be able to do that."

Forrest also mentioned a street light currently located in the sidewalk's route. Moving the street light directly back would block his business's sign, he said.

Mercer told Forrest that a buffer strip would not be included in front of Smokey Mountain Video and offered to meet with Forrest to work out a solution about the sign.

Sylva leaders agreed a year ago to construct the sidewalk. Estimated cost of the project is $190,000 and will be shared equally by the town and the DOT.

Back to Archive: 08/23/01.