Springdale: "A history of a dead end road"

[fools gold]

FROM THE VAULTS of PT:

The History of Springdale Drive:


A portion of Chatham Forest used to be owned by the Hartsell family. They had purchased the approximately 14 acre tract in 1941.  This land can be seen on the survey done by Van Finch and recorded at plat slide 97-311.  The tract of land that would be become the H.R. Henderson subdivision and yield “Springdale Drive” was purchased in January of 1955 by Harry (H.R.) Henderson and his wife Nonie from the widower A.H. London.  See deed book LW, page 258.  Immediately there were problems with the boundary line between the Hartsells and the Hendersons.  A “boundary line” agreement was recorded on June 5, 1956 in deed book 246, page 11. (Ironically this would be the same area that has been a problem between Chatham Forest and Springdale Drive since 1997. )  The Hartsells subsequently sold their property to Fred C. Justice on August 26, 1957.  See deed book 250, pages 240-241. (Title and boundary issues are not unusual.)

Time passes and on June 13, 1966 Harry Henderson records the H. R. Henderson Subdivision, prepared by surveyor James D. Hunter, RLS at plat book 9, page 12. This subdivision is the beginning of “Springdale Drive”.  Mr. Henderson records the restrictive covenants on June 14, 1966 at plat book 316, page 455.

Mr. Henderson plats the first 16 lots and only constructs the road east from 15-501 to approximately 110 feet past the old original CP & L power line easement serving Pomptom Lakes Weaving Company which became Chatham Mills.  Mr. Henderson indicates a 60 foot public right of way continuing to the east serving the “Justice” property.  He also shows a “proposed street” running southwest and parallel to the Justice property and serving Chatham Mills.  All of these lots are numbered, but their lines are dashed.  Ironically these lots are in the area where the Hartsells and the Hendersons had issues with the boundary line.  The initial lots are sold and the “dashed” lots 17 to 31 remain unsold and the road remains unbuilt. 

In May of 1977 the Wright family purchases the “dashed” lots on the north side of Springdale Drive. These were lots 8,19,20,21,22, and 23 as indicated on the plat prepared by surveyor James D. Hunter, RLS and recorded at plat book 9, page 12.  The survey shows a 60 foot right of way and a connection to the Fred C. Justice property.  The Wrights subsequently built a home on one of these lots.

In May of 1985 the Johnson family did a purchase money mortgage with Harry and Nonie Henderson for the “dashed” lots 16, 17, 18, 24, 25, 26, 27, 28, 29, 30, 31.  The purchase was on the south side of Springdale Drive and comprised of the dashed lots east of the CP & L right of way where the pavement ended.   The conveyance was made subject “to matters of survey”.  See deed book 482, pages 104 and 105.

In April of  1986 the Johnsons prevailed upon Harry and Nonie Henderson to deed them the southern portion of the right of way shown on the map recorded in 1966 at plat slide 9, page 12.  This conveyance was recorded at deed book 493, pages 748 and 749. 

On April 24, 1986 a document is prepared withdrawing dedication of this portion of Springdale Drive.  This document was recorded at deed book 493, pages 750-751. 

On May 6, 1986, Harry and Nonie Henderson deeded the Wright family (now Joy Randolph) the northern portion of the Springdale right of way as shown on the map recorded in 1966 at plat slide 9, page 12.  This conveyance was recorded at deed book 494, pages 301 and 302.

The initial deed from the Hendersons to the Johnsons recorded on April 22, 1986 was prepared by the law firm of Gunn & Messick. Apparently the withdrawal document was prepared by Gunn & Messick, too.  Since the law firm also represented Chatham County and the Town of Pittsboro at that time it would seem that for planning purposes the Town of Pittsboro would have been consulted before a withdrawal of dedication a road would be allowed-especially since the withdrawal effectively land locked the Justice property.  Ironically, Jack Justice, now deceased, was at one time the Mayor of Pittsboro as was his father Fred Justice.  Their old dealership is now the General Store cafe. Mr. Messick is still the town attorney for Pittsboro.

For eight years nothing occurred until Kurt E. Schwartz purchased the Randolph (Wright) property.  The house and land totaled 3.406 acres. The purchase was recorded at deed book 630, page 404 and the first plat was recorded at plat slide 94, page 268. Schwartz subsequently created lots 19,20,21,and 22 and extended Springdale Drive to the east toward the Justice lands. (Now Chatham Forest). The pavement stopped approximately 96 feet short from the Justice property line. Schwartz dedicated a public 30-foot right of way to the Justice property on the plat recorded at 96, page 294.  The Town of Pittsboro signed the plat on 8/12/1996.  Water and sewer were extended to serve these new lots as well.

Ironically this new subdivision was at odds with the existing Town of Pittsboro subdivision regulations adopted in September of 1993. 

[fools gold]

What did the regulations stipulate?

On page 9 of the regulations:

Public Street.  A dedicated and accepted public right-of-way which affords access to abutting property and meets the standards of this ordinance and the most recent North Carolina Department of Transportation minimum construction standards for subdivision roads.

(Does the approved plat slide 96/294, the “Extension of the H.R. Henderson Subdivision” meet these requirements?)

On page 10 of the regulations:

Right of Way.

A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term “right-of-way” for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.  Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the owner of the property on which such right-of-way is established.

(Clearly explains what the intentions of a right-of-way are on the recorded plats.)


Collectors.

Those major streets used for traffic of moderate speeds and high peak volumes between minor streets and the system of arterials or serving as principal entrance streets or primary circulation routes within a neighborhood or other limited area; access at all other streets and some private ways.

(Springdale would be defined as a “collector” road.)

On page 33 of the regulations:

(3) Where in the opinion of the Planning Board or Town Board, it is necessary to provide for street access to adjoining property, proposed streets shall be extended by dedication of right of way to the boundary of such property.

(The town planning board in 1999, 2000 and 2001 clearly stated a policy and desire for road connectivity in Pittsboro and especially regarding Springdale Drive connecting to Chatham Forest.)

On page 36 of the regulations:

(5) Reserve Strips. There shall be no reserve strips controlling access to streets except where the control of such strips are definitely placed with the community under conditions approved by the Planning Board.

(A reserve strip is shown on plat slide 96, page 294)

(7) Curb and gutter is required for all residential subdivisions except as specified in these regulations. Rural subdivisions designed such that all lots are equal or greater than one acre may be exempted from this requirement…

(The new lots created are all less than one acre.)
 
On page 39 of the regulations:

Cul de sacs designed to have one end permanently closed shall be no more than one thousand (1,000) feet long unless necessitated by topography or design considerations. The length of a cul-de-sac shall be measured from the center of the turn around to the intersection of its centerline with the centerline of the connecting non cul-de-sac street.

(Springdale Drive is over 1,000 feet and has never shown on any plat a cul-de-sac. Obviously, a connection to the Justice property (now Chatham Forest) was always intended and was shown on the original plat in 1966.)

In blocks greater than eight hundred (800) feet in length (or at the end of cul de sacs) the Planning Board may require at locations it deems necessary one (1) or more public cross walks of not less than ten (10) feet in width to extend entirely across the block, or pedestrian easements in lieu thereof.

(Springdale Drive is longer than 800 feet. What did the Town Board do in the past?)


In 1997 Daniel P. Cummings purchased lot 22 from Mr. Schwartz. He subdivided the lot into lot 22-A and 22-B and built a home on 22-B.  The Town of Pittsboro signed his plat on 7/23/1997. 

Later in 1997, Richard Ellis Bullock records a boundary plat at plat slide 97, page 344. This plat becomes the basis of Chatham Forest and encompasses the old “Justice Lands” .
Bullock refers to the old “Hartsell/Henderson” line agreement and the plats recorded at plat slide 9, page 12 and plat slide 96, page 294.  He also refers to the old, original map deed book CR, Page 51.

In 1999 due to the Town’s reluctance to connect Fox Chapel with Springdale Drive the June 7, 1999 masterplan shows a 30 foot wide connection from Springdale Drive to Chatham Forest and Chatham Forest indicates a cul de sac on Fox Chapel.

The amended plan in March of 2000 indicates the same set up with utilities  shown.

Later in the year 2000, the properties on the Daniel Cummings Subdivision had been acquired by Meredith Voller and Lesley Landis. A new map was recorded which dedicated additional right-of-way on these lots to get around the “reserve strip” on Springdale Drive.  Better access between the two properties was approved and signed by the Town of Pittsboro.  This plat was recorded at plat slide 2000, page 415 on November 27, 2000.

The year 2000 also saw the approval of the engineering plans stamped and dated September 14, 2000. The plans show the designs for the connection between Springdale Drive and Fox Chapel Lane.

In March of 2001 when Hugh Montgomery was the town manager Pittsboro held a public hearing requesting a revision to the approved preliminary plats for phases 3,5,6,7 & 9. Residents from Chatham Forest and its developer approached the town board with a petition and the president of the HOA, Cori Hasty, addressed the board regarding this request.  The proponents and opponents input was sent to the Town Planning Board for review.   At the May 7, 2001 meeting the Planning Board the planning board approved unanimously to open the road. The planning board instructed the Town Manager to request from NCDOT consideration for a stop light and the potential need for acceleration/deceleration lanes on Springdale.  The planning board gave a favorable recommendation for the amendment.

The request was voted down in 2001 by the town board 4 to 1.  (No connection.)

Voting to DENY were Brooks/Bryan/Burns/Griffin
Voting to approve was Cotten

In 2003 the developer of Chatham Forest attempted to build the connection as approved by the Town Manager on the plat recorded at plat slide 2000, page 415 and the construction plans approved/sealed in August of 2000.  More residents petitioned the board. The Town Board decided to stop any connection.

In 2004 Phase 5-A of Chatham Forest was approved and recorded on August 25, 2004. This plat indicates the connection between Springdale Drive and Fox Chapel Lane.  It was signed and approved by the Town of Pittsboro.  (See below for minutes)

The Town of Pittsboro approved the MPUD for Bellemont Station in September of 2006.  This large-scale development connects to Chatham Forest at Bellemont Ridge Road.  No traffic calming or other improvements at the intersection were required by the Town Board.

As of July 2007 the Town of Pittsboro has submitted all of the streets in Chatham Forest as well as Springdale Drive to NCDOT as town streets and eligible for Powell Bill funding. See current list submitted by the Town of Pittsboro to NCDOT.

As for Springdale resident, William David “Bill” Clancy, he and his wife purchased their lot on Springdale Drive on November 23, 1998.  Please see deed book 776, page 732.  Their deed was prepared without a title search and they purchased their home as

“Being all of Lot 14 as per plat and survey entitled “H.R. Henderson Subdivision” Pittsboro, NC, as surveyed by James D. Hunter.  Registered Land Surveyor, on May 19, 1966, and recorded in Chatham County Registry Plat Book 9, Page 12, to which reference is hereby made for a more particular description.”

Obviously the plat referred to in the Clancy’s deed indicates Springdale Drive as a connector to the Justice land-the same land as Chatham Forest.

The residents of Chatham Forest brought petitions to the Town Board in 2000, 2001, 2003, 2005 and 2006 to open the road.  In 2003 and 2004 the Mayor, Nancy May, refused to even recognizes the petition and the residents of Chatham Forest.

The Pittsboro Planning Board

Since 1998, the Pittsboro Town Planning Board under chairmanship of Neil Flynt and Ken Hoyle has consistently supported the connectivity of Town Streets, safe roads, and the adoption of a land use plan.  The Town Board has not been consistent with connectivity.

The Town Board

The Town Board stated in 1997 that it was up to the developer to “work out” a connection. A connection was worked out and recorded at plat slide 2000, page 415.

The Town Board reviewed the matter in 1998. The Town Planner, Lisa Bloom Pruitt, sent a letter to the residents of Springdale Drive informing them of the potential for a connection. The Town Board rebuked her.

Later, the Town Board said “once the water tank was installed” the connection could be made. The Water was completed and operational by 2005 and still no connection has been allowed.

The clear message is if you do not want connections to be made or rezonings to be done and you have lived in Pittsboro for a long time or have the "right" connections your voice will be heard, but if you do not qualify than your voice may not be heard. Clearly there has been an inconsistent policy over the years regarding who is heard and why.

Are you a doubter? Then ask yourself where the current wastewater plant is and WHY it is there.  Wht did Pittsboro place get rezoned fairly quickly over considerable opposition from citizens and adjoining landowners  yet something as mundane as this simple road gets highjacked for TEN years?  The truth is much different than what has been presented....

[WolfpackFan]

So the NCDOT asked for the turning lanes on 15-501 to aid with the highjack?

[belle]

To the impartial, totally not involved voter, such as myself, it looks like a single homeowner, Bill Clancy,  Shanghaied the system to turn his street into a cul-de-sac. Springdale is a through street, to Chatham Forest on plans for 40 years, but the Clancys like it quiet. So they get their buddy, Gene Brooks to advise the Pittsboro town board so they saddle the Chatham Forest folks with improvements only the gov't (town, county or state) should be making. This effectively keeps their neighborhood a Cary-like enclave.

As a bonus they get to attack the mayor as less-than-manly. Personally, that title usually goes to the bully in my book.

[WolfpackFan]

To the impartial, totally not involved voter, such as myself, it looks like a single homeowner, Bill Clancy,  Shanghaied the system to turn his street into a cul-de-sac. Springdale is a through street, to Chatham Forest on plans for 40 years, but the Clancys like it quiet. So they get their buddy, Gene Brooks to advise the Pittsboro town board so they saddle the Chatham Forest folks with improvements only the gov't (town, county or state) should be making. This effectively keeps their neighborhood a Cary-like enclave.

As a bonus they get to attack the mayor as less-than-manly. Personally, that title usually goes to the bully in my book.

Well the Pittsboro Place people are going to love you if they don't have to pay for the road improvements surrounding their little project.  I bet they will be in favor of your it being a gov't function.

[belle]

I think Pittsboro Place requested a re-zoning? that would be a change in plans, and they should take responsibility for any added costs.

[concerned]

To the impartial, totally not involved voter, such as myself, it looks like a single homeowner, Bill Clancy,  Shanghaied the system to turn his street into a cul-de-sac. Springdale is a through street, to Chatham Forest on plans for 40 years, but the Clancys like it quiet. So they get their buddy, Gene Brooks to advise the Pittsboro town board so they saddle the Chatham Forest folks with improvements only the gov't (town, county or state) should be making. This effectively keeps their neighborhood a Cary-like enclave.

As a bonus they get to attack the mayor as less-than-manly. Personally, that title usually goes to the bully in my book.

Belle.....Belle.....Belle, "To the impartial, totally not involved voter, such as myself, it looks like a single homeowner, Bill Clancy,  Shanghaied the system to turn his street into a cul-de-sac."........ I don't think so! I never realized I had such power and authority over local government officials such as Gene Brooks, my "buddy". Maybe I have some comprimising pictures of Gene or some dirt from his past that he does not want brought up in public??? LOL!! I don't know what you are smoking but whatever it is keep smoking it because it sure does cloud reality in your mind. Let's talk about Bill Clancy and who he is and a little about what he's about for the record here. I got introduced to beautiful Chatham County back in the mid 1980's while I was living in North Raleigh and I came to Pittsboro to deer hunt approx. 800 acres with my brother and a few of my friends who leased this land off of Eubanks Road. I have hunted here up until this very last deer season 2007. Late August of 1998 my beautiful wife finds the old Lucas home(110 Springdale Dr.) for sale and we immediately place an offer to buy it after having the home inspected,etc.etc and become very happy owners of 110 Springdale Drive. We have 4 sons between us at the time ranging in age from 8 yrs old to 18 yrs old. We bought this home for a few great reasons:
First - LOCATION......on a quiet dead end street, 2nd - small town, 3rd - beautiful newly refurbished brick home on a half acre with 5 bedrooms and two and a half baths. I had just sold a small 2 bedroom 2 bath home in North Raleigh on a CUL-DE-SAC!!!! We have loved every minute of living here on Springdale Drive because of the serenity and quiet and the woods and deer and neighbors we have on Springdale Drive. I wanted to get away from the crazy traffic of North Raleigh thus we settled here in Pittsboro on a quiet dead end street that has been a dead end street since, as you have so clearly stated, for the past 40 years!!!!!!! Moving forward.......our sons have all grown up and we have just our 18 year old son living at home now but we have, like many of our neighbors, a young grandson who spends considerable time here with us and as he grows up we would like for him to be able to ride his bike or be able to walk across the street to play with the neighbors children. Now........here comes the what's Bill Clancy all about part. I HATE politics and I darn sure HATE small town politics. I got involved with the Springdale Drive issue only late in the year of 2007 when some jerks that live in Chatham Forest including our own mayor( he got caught red handed removing it for his convience) decided to take it upon themselves to tear down the barrier that has been installed for the reasons that have so plainly been spelled out before. The people that have torn it down, thrown it in the woods, etc. have no regard what so ever for the law(removing the barrier/damaging it.....is against the law) nor do they care about speeding down Springdale Drive so they can save a few minutes of their lives to get to 15-501 faster. With that being said.......Bill Clancy did the right thing and contacted Pittsboro Police Chief David Collins in an effort to determine what the story was on the barrier at the top of Springdale Drive. After learning from him that it was in fact a violation of law to be tearing the barrier down or removing it except for emergency vehicles passage, it was then that I repaired the broken barrier at my own cost on a Wed. night to have it torn down again by a resident who lives at the end of Fox Chapel Lane two days later. I took pictures of the broken down barrier and I attended the next  Town Board meeting and signed up to speak on this festering issue just like many others have done from Chatham Forest. The barrier got replaced and will remain until the improvements that the Town Board and NCDOT required Voller Realty & Construction, Ltd. get done. I am a person who does not bother other people and I prefer that people not bother me. When I know that the law is being broken, I will report it and keep reporting it until something gets done about it. I am the type of person who tells it like it is and I don't like fast talking politicians and the like. I don't understand all this back and forth that is going on regarding plats of land and the like from back 40 years ago but I do understand that the Town Board and NCDOT have laid out specific requirements for Voller Realty and Construction,Ltd. to perform and pay for in order to open up Springdale Drive to Fox Chapel. If Voller does not want to pony up the $$$$$ he can get a lawyer and sue the Pittsboro Town Board and the NCDOT in order to get what he wants. Belle....being the "impartial, totally not involved voter" that you are........stop making accusations that I have "Shanghaied the system to to turn his street into a cul-de-sac" as my street has been the way it is for 40 years now and how long it will remain that way is all depending on when Voller pays for the required improvements so it can be opened to everyone.....LEGALLY.

                                                      Bill Clancy
                                                     110 Springdale Drive


                                                           

[fools gold]

According to the records:


1. The developers of Chatham Forest did pay for off site roadway improvements when the neighborhood were initially approved in 1998.  As required they widened Thompson Street to add a turn lane.

2. No business/developer is required to make offsite improvements AFTER a project is APPROVED and AMENDED.  Chatham Forest was approved in 1998 and amended 2000 and 2001.

3. If improvements are going to be required after buildout at the business owner's expense then open up ALL approvals in Pittsboro and Chatham County and RETROACTIVLEY require upgrades and RETROACTIVLEY collect various fees from ALL of these commercial, industrial, and residential projects.

4. Pittsboro illegally disallowed a connection to Springdale Drive in 1997.  It is unfair, improper and not legal to push this issue TEN years after the fact. 

5. Pittsboro Place is not comparable because they were required to make offsite improvements as a part of the approval process.  These costs as a part of their overall development budget.  Certainly they would legitimately cry foul if the same improvements were retroactivley required of them TEN years after the fact.

6. The improvements made at Lowes and Powell place on 15-501 were required as a part of their MUPD approval process years ago and only recently constructed. (Totally different than Chatham Forest.)

7. Springdale Drive is an illegal road when it was built and as it exists today. The town planning ordinances requir the road to be either a cul-de-sac or a through street. It is NEITHER and that failing of compliance has NOTHING to do with Chatham Forest.  See the zoning and subdivision ordinances.

8. Respectfully, BBS posters propensity for reporting hearsay and misinformation is a diservice to the intent of this board.

[belle]

I certainly apologise for any offense or misinformation I may have posted. I truly was merely curious about the uproar, and feel the truth has come out. I feel the Mayor has been wronged by past actions of the Pittsboro Town Board, and hope this is peacefully resolved.

[fools gold]

Belle,

Some people yell louder and others write posts in anger, but it does not make their posts any stronger or factual.  Your efforts toward reason and understanding are appreciated.  Have a nice weekend.

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