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Lessons in Tyrone: get developer’s promise in writing, hold him to itTue, 02/07/2006 - 5:24pm
By: Letters to the ...
I want to share with your readers a valuable lesson that my neighbors and I have learned here in Tyrone. We live in the old Windsong subdivision off of Castlewood Road. Some time ago, Joel Cowan’s son, Joel Jr., began plans to develop some property located behind our subdivision. Unfortunately for him, this property was landlocked. The plans he presented to the Tyrone Planning Commission and Town Council included feeding his new subdivision, Lake Windsong, using our street, Ashland Trail, as well as through the Magnolia Farms subdivision. Many of us were alarmed at the potential for vastly increased traffic on our streets, so we banded together and opposed this plan. Long story short, we were able to work with the town of Tyrone and Mr. Cowan to come to an agreement. This agreement involved many changes. Dogwood Trail would be paved, providing another access point to the Lake Windsong subdivision. Still, however, residents living in the original Windsong and Magnolia Farms subdivisions would have to deal with increased traffic on their streets, which would be also feed Mr. Cowan’s development. To make this agreeable to the Windsong residents, Mr. Cowan agreed to several things: 1. The original Windsong subdivision would be absorbed and included in the new “Lake Windsong” subdivision. 2. The entrance to the original Windsong subdivision would be re-worked and made more attractive. 3. The residents of Windsong would be connected to the new Lake Windsong high-speed Internet/intranet. 4. The residents of Windsong would be given a one-time offer for the Lake Windsong amenities package (tennis courts, clubhouse, pool), which would be per address, and thus transferable, should our home be sold, thus providing a boost to our resale values. These changes to the original plan were agreeable to all, and a fair settlement was reached. As the Lake Windsong development began, we were subject to construction trucks using our street (contrary to the town’s wishes), as well as our quiet neighborhood undergoing a huge transformation. We patiently waited for the promises to be fulfilled. Eventually, our Windsong subdivision entrance was reworked, but the workmanship left something to be desired. The curbing around the sign post “island” was broken up and never replaced. The plantings didn’t come close to looking like the Dogwood Trail entrance to Lake Windsong. Many, many months later, the curbing has yet to be fixed. As the Lake Windsong development gained steam, they finally finished the clubhouse, tennis courts and swimming pool. We Windsong residents anxiously awaited the offer to join these amenities and enjoy them. While they were fully operational during the latter part of summer, no offer came. Many residents called the Lake Windsong Sales Center, but the agents there either didn’t return calls or know anything about the agreement. Meanwhile, my wife met many of the new residents of Lake Windsong. None of them knew that the original Windsong residents would also have access to “their” amenities. Some had to hide their shock. Personally, I cannot blame them. Apparently, the folks at Lake Windsong have not been very forthright in giving them all of the information. Meanwhile, I contacted the property management company responsible for the amenities. I was told that she didn’t really know what the status of the promises was. She essentially claimed ignorance. We contacted Barry Amos, the Tyrone town manager, who substantiated the promises made, but could not come up with an answer to our problem. After the new year, I contacted the property manager again. I was told the issue is “tied up in legal” and she had nothing further to tell us. Apparently, the “stall tactic” is alive and well. Meanwhile, traffic on Ashland Trail has become unbearable. We have had to take the issue to the town of Tyrone and ask for help. Ashland Trail has become a cut-through for folks coming from Coweta County to Peachtree City, Fayetteville and beyond, avoiding the Ga. Highway 34 traffic congestion. This cut-through was made as a direct result of the Lake Windsong development. Barry Amos and the Tyrone Town Council have been very helpful in trying to find a solution to this traffic mess. Soon we will have “No Through Traffic” signs posted on Ashland Trail. While I appreciate the effort, I’m doubtful that this alone will solve our traffic problems. Meanwhile, we are still left with no high-speed Internet connection to Lake Windsong’s system, busted up curbing at our entrance, and NO amenities. We tried to have a neighborhood meeting about this in the Lake Windsong clubhouse but were denied access ... yep, “sorry, you’re not members”. Ouch. This story about good-faith negotiations and open-minded willingness to work with developers has left a bad taste in our mouths. So far we’ve seen broken promises and frustration. I know many developers and know them to be great folks. This developer, however, seems intent on making whatever promises need to be made in order to get the project approved. Fulfilling those promises, however, is a different story. To borrow a line from a Seinfeld episode, “You know how to make promises. You just don’t know how to keep them.” Perhaps they want to sell out Lake Windsong, hoping none of the buyers are aware of their “promises” to the Windsong residents, leading them to believe some unspoken assumptions. Regardless, the treatment given to me and my neighbors is simply wrong. My hope is that Joel Cowan, his son, or whoever the rumored “new owners” of Lake Windsong are will step forward and make good on the promises made. The lesson to your readers? Negotiate in good faith, get it in writing, and hope your developers do a better job than ours did in fulfilling their end of the bargain. Dave Buck |