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Town board votes to close Broad Street behind bank

By Rose Hooper
Waffle House or not, the Sylva Town Board decided to close Broad Street at the point where town maintenance ends.

The action came during regular session April 6 following a well-attended public hearing an hour before. Lynda Sossamon made the motion to close the street, with Norma Lee seconding and all members, with the exception of Audrey Tritt, voted in favor of the motion.

Tritt abstained "based on a personal conflict." Her husband, M.L. Tritt, is a business partner with Wayne Smith, the Sylva businessman who voiced opposition to closing the road, which leads to his property.

During the hearing a large contingency of property owners representing O'Malley's, Searcy Accounting, Community Bank, Performance Motors, Tim Green Excavating, Green's Auto Service, Donaldson's Roofing, P&M Automotive and Mary Tweed and Nancy Watkins appealed to the board to close Broad Street at the back of Community Bank.

Speaking on their behalf, Marie Searcy told the board that Taco Bell and Arby's function well with only one Department of Transportation access, and the proposed Waffle House could as well.

"If Mr. (Wayne) Smith had no other access, we could understand, but he has ample access. Waffle House has DOT access and Bridge Street," she said.

Smith has indicated that he has a signed lease with Waffle House that is contingent on food trucks being able to exit through his property and down Broad Street to West Main Street.

Broad Street, actually a dead-end street, is already congested, Searcy said, adding, "Large food trucks making 90-degree turns would produce a dangerous traffic situation on the street."

"Maintenance of the street would cause unnecessary expense to the taxpayers, and we don't think all of us taxpayers should have to pay to keep up one man," she concluded.

Smith requested the board take two options - "either do nothing at all or close the street at my property line. If you can't close it at my street, you shouldn't close it at all," he said.

Closing the street at his property would enable Waffle House trucks access, Smith said, an access that could also be used for a trailer park he is building just off the Broad Street right-of-way.

Though Broad Street historically has been town-maintained only from its origin on West Main Street between Performance Motors and P&M Automotive to Community Bank, a right-of-way for the remainder of the street was drawn and platted in 1924. That right-of-way, recorded in several deeds, extends past the bank and connects with Bridge Street on Smith's property.

Smith said he had already spent $15,000 in legal expenses concerning this road.

"Mr. Smith is not the only one with expenses," Searcy responded. "We have spent a small fortune for the paving and upkeep of that road."

Searcy and her husband, James, filed suit against Smith last fall, charging him with trespassing. The couple dropped their lawsuit last month when a preliminary court ruling upheld Smith's right to use Broad Street.

Resident Mary Alma Tweed, whose family home has been on Broad Street since 1936, said during those 63 years there was never a question that Broad Street deadended beyond what is now Community Bank property.

She said she has seen the Waffle House letter to the Sylva board, and it "did not say they will not open if they don't gain access to Broad Street. It just says they would like to have it."

Tweed told the town board she did not want those delivery trucks, as well as residents from the trailer park, added to Broad Street. "There's too much traffic on that street today. Sometimes I can't even get out of my driveway."

Business owner Donald Green also cited a safety concern. "Traffic would have to spill through O'Malley's parking lot and a lot of people stepping out into a parking lot might not realize it's a traffic route."

Sylva Mayor Brenda Oliver read into the record a letter from surveyor James R. Davenport of Cullowhee, who wrote, "James Searcy had a survey made showing that he owns to the westerly side of Broad Street. The survey incorporated all of Broad Street in this area. The survey shows property lines where James Searcy wanted them, not as recorded in his deed. Said survey does, however, show said right-of-way across this land.

"In June of 1997, I surveyed the Pameco Inc. tract. At that time, James Messer and Larry Parris indicated that they intended to use this right-of-way and wanted to keep it open to access their land. The Pameco Inc. deed runs with the westerly side of the Broad Street right-of-way."

Business owner Greg Rhinehart said that was all "well and good" but asked the board to give weight to the solidarity of the business people opposed to Smith's request.

Following the board's decision, Marie Searcy said, "I'm relieved... and glad it's over."

Smith could not be reached for comment.

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