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Wake County Story



Cameron Pond Residents Suing Developers

Credit: AP Online

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CARY, N.C. -

Close to 100 residents in a Cary neighborhood are filing a lawsuit against the area's developers, accusing them of lying about plans to destroy a buffer between houses and the planned Triangle Expressway.

The plaintiffs all live in the Cameron Pond development off Carpenter Fire Station Road.

The list of defendants includes Impact Properties Group, LLC and many of its associates.

In the lawsuit filed late Thursday, the residents say they bought their houses with the understanding that there would always be 100 feet of old growth forest between them and the planned highway, as ordered under Cary law.

The residents contend that unbeknownst to them, Impact Properties sold an easement of that buffer to Progress Energy to put in high voltage lines, a project that ultimately destroyed about 70 percent of the buffer.

"So now instead of mature trees and the sounds of wildlife, we have essentially wood chips and a big open, barren area," said homeowner Julia Taylor.  She went on to say, "It's a great community, wonderful group of people. We had hoped this would be a place where we could have our family for many many years.  It's a shame that that was compromised."

Neither Progress Energy nor the Town of Cary are listed as defendants.

Residents claim they can not sell their houses because the power lines and fear of constant noise from the highway scares off potential buyers.

"As a parent of two young children I have been concerned about the EMF exposure," said Taylor.  "We looked long and hard for a good quality neighborhood in Cary, and this would not have been our selection."

Not everyone appears to agree; just last month Cameron Pond was voted best new development by readers of Metro Magazine.

Impact Properties representatives say they were not aware of the lawsuit until NBC17 brought it to their attention, and they haven't had time to look at it closely enough to respond.

Cary officials say they were never approached about relaxing the buffer rules for Cameron Pond, but they are now actively working with developers and homeowners to get new growth in place to help fix the problem.

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Keep up with the stories Chris Cowperthwaite is working on every day: http://twitter.com/CCowperthwaite.

Comments

  • By karl thor on 09/15 01:35 PM

    To resident and Right Mind - Do you think your district representative, Jennifer Robinson, knew about this as the plan was put into place? (She has served since 1999). Did you know she received a $1,000 campaign contribution from an employee of Impact Design in 2005? Did you know that 88% of her 2005 campaign contributions were from people linked to real estate development and that 44% of her campaign money comes from developers outside of Cary? (I also contributed $250 to her campaign as a resident in 2005 until I learned that she represents developers in council, not residents; and this year I contributed to her opponent, Lori Bush.) Do you know there is an election on October 6, and Jennifer Robinson is up for re-election? Visit www.davisandhighhouse.org if you want to see why us "older District A residents", who have years of watching Jennifer Robinson represent developers over residents, endorse Lori Bush as District A representative.

  • By resident on 09/09 01:42 PM

    to Right Mind in Cary - very well stated. This should have NEVER been allowed to happen anywhere! Most of the people that moved to Cary did so because of strict regulations that would protect homeowners, property values, and the quality of life. For many years now, Cary has been advertised as one of the fastest growing cities, top 10 places to live, and low crime rate. The Town needs to work with the residents - forcing the developer to make this situation better. If a developer can do this to an area like Cameron Pond, it can happen anywhere!!!

  • By Right Mind in Cary on 09/09 01:33 PM

    Regardless of personal opinion, there are strict rules and regulations set up to protect ALL Cary subdivisions. Those rules were clearly violated. Much of Wake County still has remnants of rural life and because the homebuyers tolerated the car salvage down the road does not entitle the developer to sell their protected buffer, put up power lines, and expose them to the (future) 540. I worry that if this can happen here in Cary where we do have strong regulations, what is to stop it from happening anywhere else?

  • By The Neutralizer on 09/02 05:21 PM

    I never cared for Cameron Pond. The infrastructure was never there in the first place to hold so many homes (one lane road. I also dislike the Junker (car salvage) at plain view before you get to the subdivision. The cluster homes across the street is horrible and I don't understand who would buy such thing.

  • By Cameron Pond Concerned on 08/31 06:52 PM

    These public hearings occurred years before I moved into Cameron Pond and NOT disclosed by the on-site realtor, developer or builder at the time I was buying. Also, not discovered or revealed by my selling agent. Hmmm?

  • By Betsy-Curious Cary Resident??? on 08/30 08:08 PM

    Is this the same Elizabeth (Liz) Adams from the TOWN OF CARY ENVIRONMENTAL ADVISORY BOARD?

  • By Liz Adams on 08/30 02:55 PM

    Public hearings were held to inform residents about the location of the power transmission lines. http://www.progress-energy.com/aboutenergy/transmission/carolinas/apex/index.asp?print=1

  • By Elizabeth Adams on 08/30 01:53 PM

    The Town new that a power substation was going in back in Aug. 2008 when Progress Energy requested a waiver for road improvements. http://www.townofcary.org/pd/en09-019.htm The town is responsible for planning for growth and minimizing the negative impacts of development. Infrastructure planning needs to be done before new developments are approved.

  • By Nearby Neighbor to Cameron Pond on 08/29 04:33 PM

    As a resident of a neighboring subdivision to Cameron Pond that will also be adjacent to the Western Wake Expressway, I applaud the residents of Cameron Pond taking action. I too have read the suit and if I were a betting man would put my money on the residents. Never have I seen such a clear case of fraud. I looked at Cameron Pond before buying nearby. I still have the sales brochure that shows a map clearly marked "100' Undisturbed wooded buffer." Wow, I wish my neighborhood had such a case. Way to go neighbors, I hope you get the justice you deserve.... To the resident happy with those power lines and feeling they do not impact your property value...what have you been smoking?

  • By To Clarify on 08/29 03:04 PM

    So now the mayor has to go in and (change) his blog to "Instead they now have high voltage lines within 100′ of their homes and (will have) a clear view and sound of traffic on I-540"? A responsible judge will not make a case on a quote from a mayor's blog. Just as he/she won't dismiss one from you pointing out the obvious lack of a presently operational, but soon to be constructed highway. We all get it - there is a grammatical "tense" issue. The suit is not about the mayor's comments.

  • By KJ on 08/29 12:41 PM

    While that may not be how you interpretted his post or his intention that is still not what was said. To open up the post further he writes: "Wednesday night I traveled to Cameron Pond to meet with the neighborhood about their buffer being cleared. It is very disturbing to see 100′ of buffer turned into a field of wood chips. The buffer was supposed to protect them from I-540. Instead they now have high voltage lines within 100′ of their homes and a clear view and sound of traffic on I-540" Surely, if he traveled to Cameron pond he could see that I540 did not exist behind those houses yet. As a public official, a quote from him could have had great impact on a judge and jury... IF it was credible. Other posts from his blog about Cameron Pond have already been removed because they could be "subject to misinterpretation."

  • By To clarify on 08/29 11:52 AM

    I interpreted the intent of the mayor's blog as simply due to the removal of the 100' of required woods they NOW have a clear view of where the 540 WILL BE. You are right that when the 540 is completed they will then have a view of the actual highway. They will have increased sound once the road opens in 2012, sure, but in the meantime they will endure 2 - 3 years of both visual and sound pollution from the construction of the 540. They are not basing their suit on the mayor's comments - the mayor's comment was simply an observation about what was done. You are arguing symantics when the real issues which if you read the filing are fraud, nondisclosure and violation of zoning ordinances. What was done was wrong no matter how it is stated.

  • By To clarify on 08/29 11:45 AM

    I interpreted the intent of the mayor's blog as simply that due to the removal of their 100' of woods they now have a clear view of where the 540 will be. When the 540 is completed they will then have a view of the actual highway. Since the bonds have been approved and they have begun groundbreaking it won't be long. They will have increased sound once the road opens in 2012, sure, but in the meantime they will endure 2 - 3 years of both visual and sound pollution from the construction of the 540. They are not basing their suit on the mayor's comments - the mayor's comment was simply an observation about what was done. You are arguing symantics when the real issues which if you read the filing are fraud, nondisclosure and violation of zoning ordinances. What was done was wrong no matter how it is stated.

  • By KJ on 08/28 10:03 PM

    Within the lawsuit quotes are taken from Mayor Weinbrecht's blog stating "Instead they now have High Voltage lines within 100' of their homes and a clear view and sound of traffic on I540." You may want to delete that entirely from your suit because it is completely untrue. Groundbreaking for the I540 extension was two weeks ago. there is no I540 behind those houses right now and certainly no view of it or sound of traffic from it as it is not even slated to open until late 2012.

  • By Cameron Pond Resident on 08/28 05:36 PM

    I wonder to what extent the folks like "by Resident" and others who don't seem to care too much are actually family members or extended family members of the Developer or builders who have homes in the neighborhood. I suspect if so, they are likely not situated anywhere near the path of destruction and high voltage. Nevertheless, the power lines affect us all. It's an injustice, an eye sore, a health risk to our developing children, it impacts the value of our homes and neighborhood, and gee - I think I'll go swimming under the powerlines today. No wait, let's let the children play on the playground by the sub station. Pathetic.

  • By befuddled on 08/28 04:12 PM

    Resident, you mention that the only effect those power lines have on your quality of life is to provide power to your homes. That is not only ridiculous, but laughable. Those lines have just recently been installed, and were NOT needed at all to service your homes. Your neighborhood has had electrical service since 2005 or 2006, otherwise you wouldn't have been able to get your C.O.(certificate of occupancy). The whole situation would be easier to swallow if they were needed to provide service to YOUR neighborhod, but they were not. (*See Progress Energy Carolinas website to read about the real need for this transmission and upgrade project).

  • By Supportive Neighbor on 08/28 02:18 PM

    Hi Cameron Pond resident. I understand your point, and I am sure your neighbors all appreciate your continued support; however, can I offer you some information to consider. I believe that the people who filed the suit equally love the neighborhood and love their homes as much as you do; otherwise they would not be so passionate about the issue. All the posts from residents make reference to the wonderful people and friendships that have been formed. I noticed that you mentioned their cause. I believe that the cause is yours as well. Here are my thoughts on why. Someday when you are ready to sell your home in Cameron Pond, do you think you will get the full value out of it? We would all hope so, but there are plenty of studies that show the effect power lines have on resale value. Additionally, just because you can’t see the power lines does not mean that the EMF levels do not affect you. Since you live in Cameron Pond, you must have a lovely home - Would you have purchased it if it were located under a high-voltage power line? I guess my final thoughts are, what will happen in the long term if noting is done to rectify the current situation? It is my opinion that my neighborhood is close enough to Cameron Pond to warrant my own concern regarding future property values. Just because the power lines are not in my backyard doesn’t mean their existence wont somehow be an issue for me. I believe this cause extends well beyond the residents of Cameron Pond. We drove through the neighborhood and there are many houses for sale. Is it possible that at some point, when people (especially ones with small children – as mentioned in the article) who are unable to sell their homes will abandon them? If I had small children, I would never risk the unknown harm it may cause them later in life. If action is taken (not certain on any specifics…hopefully new trees to cover up the big open area) and as the article mentioned the City officials assist in the situation, the neighborhood can regain its beauty and people will continue to purchase houses in your neighborhood allowing the neighbors who want to move, to do so a manner that will not burden Cameron Pond, your property value, and the surrounding neighborhoods. Not to mention hold the Cameron Pond authorities accountable for unethical practices so that this situation never happens in another neighborhood. Thanks for listening, Supportive Neighbor

  • By resident on 08/27 06:40 PM

    Cameron Pond is a beautiful neighborhood. The builders are superior to many in the Raleigh area and have provided beauty and diversity of architecture in a family-friendly setting. We are very happy here. With more than 500 homesites, it is a shame that a small number of residents will have their quality of life affected by the new powerlines near their homes. But for about 90% of the homeowners, the powerlines are not in the line of sight and have no effect on our quality of life, except to provide power to our homes. These 100 residents are unhappy and have a valid cause. They have brought publicity to their cause; however, they do not speak for the majority of Cameron Pond residents. This is one of the best neighborhoods in Cary. I wish these neighbors of mine well in the resolution of their suit and that a fair outcome is decided. But I wish that they would not use words that lead people to assume that this powerline situation affects the entire neighborhood. It does not.

  • By S.L. on 08/27 08:56 AM

    I remember looking at this neighborhood with my family not so long ago. At the sales office located within the development, the sales agent stressed several times that there is a buffer between the community and where 540 is going to be built - now that is gone! Wow, what a mess! I feel sorry for the people that were tricked into that neighborhood!

  • By former resident on 08/26 10:44 AM

    It is incredibly sad what the developer has done to this neighborhood. As a former resident of this development, I hope the plaintiffs get everything they are suing for. I was one of the very first residents of this community. Yes, it was disclosed that there would be a 100' buffer between the development and the highway. Never, and I do repeat NEVER, was there any disclosure about a Progress Energy relay station. This is a great neighborhood with awesome people and very good builders. The Town of Cary should raise hell upon the developers for their negligence and deceit.

  • By Right Mind in Cary on 08/24 04:08 PM

    In re: to "ronnie" who asks "Why would anyone in their right mind move to Cary?". Believe it or not, those rules you despise have created a desirable haven for those of us who have come from areas of unplanned blight. Cary has very strict regulations for a good reason and folks who move here expect their homes and property values to be protected from things like this. This blatant violation of Cary's zoning ordinances makes this particularly appalling. I do not believe the town could have known about it or they wouldn't have allowed it to be placed in that neighborhood - they won't even let a business place a placard on the sidewalk! Willful disregard of our rules, renegade actions at the expense of others, and secrecy should not and cannot be tolerated and the residents have every right and then some, to be furious. One would think that this could NEVER happen in our town of Cary. I hope something BIG is done to help this community and its' residents.

  • By From the Outside on 08/24 02:42 PM

    "devilsadvocate" I don't think those residents bought their homes from the Town of Cary or that any of the sales agents were Town of Cary representatives. IMO-It is responsibliity of the developer and their hired agents to disclose any material fact that could adversely affect the marketability or desirability of a home. As we all know a real estate agents mantra is DISCLOSE, DISCLOSE, DISCLOSE!

  • By Bob in Cary on 08/24 09:23 AM

    Well, as the devil's advocate, you do bring up valid points and seem to support the developer and the mess that was obviously created in that neighborhood. From the article and the suit attached, it seems to indicate that the developer sold the easement to Progress Energy and did not notify the residents/potential buyers. By selling an easement, it appears this was done willingly, not by emminent domain.... ?? And even if it was not done willingly, it seems the developer had an obligation to notify people of the sale..?? It also appears that the developer continued to use the buffer as a selling point in the neighborhood, even though it had been sold to Progress Energy months or years ago....?? So if the developer sold the easement, wouldn't that negate the point that there was "no control of any of this"...?? "What if there are documents to prove all of this??" Sounds like that is what those residents are trying to determine by the suit, right? I am sure all will be discovered soon!

  • By devilsadvocate on 08/24 09:03 AM

    What if Progress Energy has the right to seize any land it wants for power lines using the legal right of emminent domain? What if the Town of Cary knew about this power and about this project all along and was lying to its citizens? What if the Town of Cary, its mayor, city council and staff corresponded with Progress Energy hundreds on times and managed every aspect of this power line project - its location, type of poles, size of lines, how much buffer would be destroyed, etc? What if the developer sold this easement under threat of the power of emminent domain? What if Progress Energy routinely clears out all vegetation and "danger trees" along its easements without asking anybody? What if the developer had no control of any of this? What if there were documents to prove all this?

  • By confused.... on 08/23 06:31 PM

    from Cary's own planning department website, it appears that Impact (the developer) was served violation notices almost a year ago (in late 2008) regarding this issue - how is it that the developer now states they were not aware of the issue nor ready to respond when it appears they were notified a year ago??? Sounds suspicious to me! _________ Cameron Pond Subdivision is located north and south of Carpenter Fire Station Road and east of the proposed I-540 Western Wake Expressway. The subdivision plan for Phase 1 (south of Carpenter Fire Station Road) was approved on August 2, 2004. Phase 2 (north of Carpenter Fire Station Road) was approved on March 31, 2004. (See the “Summary of Process and Actions to Date” section of this report.) Both Phases include a 100-foot Thoroughfare Corridor Buffer overlay district which separates the lots and other developed areas from the proposed Western Wake Expressway. The Buffer is common area conveyed by Impact Cameron Pond, LLC to the Cameron Pond Homeowners Association in December 2006. A greenway easement was dedicated through the Buffer as shown on the subdivision plans. Otherwise, the LDO requires that the Thoroughfare Corridor Buffer not be developed and remain in a natural undisturbed state. Further, unless existing natural vegetation provides such a buffer, the Buffer is to be supplemented with landscape screening material where appropriate so as to create an Opaque Type A buffer. At the time Cameron Pond Subdivision was approved, the Thoroughfare Corridor Buffer was a mature forest comprised of indigenous plant material. The approved Cameron Pond Subdivision plan did require evergreen landscape supplementation so that the existing forest area would function as an opaque screen. In November 2008, staff received calls from residents of Cameron Pond Subdivision informing staff that forest area was being removed from within the Thoroughfare Corridor Buffer. Based on subsequent site visits by Cary Site Inspectors, staff determined that significant clearing of existing forest area was indeed occurring within the westernmost 70 feet of the 100-foot Thoroughfare Corridor Buffer (adjacent to the proposed Western Wake Expressway), and was also occurring in several locations within the easternmost 30 feet of the Buffer (adjacent to residential lots). Upon further investigation, staff determined that the clearing was associated with the installation of a Progress Energy overhead power transmission line. Staff learned that in July 2006, Impact Cameron Pond, LLC conveyed a 70-foot-wide utility easement located within the Thoroughfare Corridor Buffer to Progress Energy. The easement in which the overhead power transmission line has been installed parallels the Western Wake Expressway right-of-way and is located in the Buffer in Phases 1 and 2 (Phase 1 south of Carpenter Fire Station Road and Phase 2 north of Carpenter Fire Station Road). South of Phase 1, the utility easement and the overhead power transmission line change direction and head westward across the proposed Western Wake Expressway to an electrical power substation site. The substation site is adjacent to a 100-foot Thoroughfare Corridor Buffer that parallels the western side of the proposed Western Wake Expressway. From the substation site, the overhead power transmission line extends southward within the Thoroughfare Corridor Buffer along the western side of the Expressway. The location of the transmission line was approved by the North Carolina Utilities Commission in May 2008. In December 2008, Impact Cameron Pond, LLC was issued a notice of violation for disturbance within the Thoroughfare Corridor Buffer resulting from the grant of a utility easement to Progress Energy. In February 2009, as directed in the notice of violation, Impact Cameron Pond, LLC submitted a revegetation plan and a request for a revision to the approved Cameron Pond Subdivision plan. The effect of this request is: (1) to revegetate or supplement the easternmost 30 feet of the Thoroughfare Corridor Buffer to re-establish a forest condition meeting the intent of the LDO and the opaque buffer standard as much as is practicable and to install a Planting Row (defined below) adjacent to the Western Wake Expressway; and (2) to seek consideration of approval of modifications to provide for the 70-foot-wide utility easement and overhead power transmission line within the 100-foot Thoroughfare Corridor Buffer.

  • By resident on 08/23 04:09 PM

    from local discussion, Impact hired a well reputed land use ligation firm MONTHS ago as a result of rumors going around, so the fact that Impact states they had no knowledge of a suit is ludicrous, to say the least!!!

  • By Cameron Pond Resident on 08/23 01:47 PM

    Chris, You may want to do some more research on "Impact Properties representatives say they were not aware of the lawsuit until NBC17 brought it to their attention, and they haven't had time to look at it closely enough to respond." Some neighbors have seen posts (on various networking sites) and comments by family members of Impact that CLEARLY knew about the lawsuit.

  • By compassionate in Cary Park on 08/23 01:41 PM

    I drive by those HUGE power poles and cleared out areas (where beautiful trees used to be) everyday - to and from my home/work. I am completey dumbfounded that this has happened in Cary, of all places! How was this developer allowed to get away with such blatten disregard for rules???? I hope the residents that have filed this suit win big time - a point needs to be made here!

  • By Cameron Pond Resident on 08/23 10:01 AM

    Although not associated to the suit, I suport it - power to the people. This deception is a horrific injustice.

  • By ronnie on 08/22 04:03 PM

    Why would anyone in there right mind move to Cary? With all there rules and regulations its like living in hell. But then the city can do what ever they please..

  • By Fooled in Cameron Pond on 08/22 03:59 PM

    I completely agree - what makes Cameron Pond deserving of a Standing Ovation for a New Residential Development in Cary are the neighbors and close knit friends. I believe that the voting was rigged by someone associated with the development in order to attempt to shed a positive light on the mess that has been created when the developer sold the easement to Progress Energy and never disclosed to the residents/potential residents of the neighborhood. Nice try, but I don't think it helped! I would like for Metro Magazine to investigate the submissions for this award - I wonder what would be discovered?? Signed, Fooled in Cameron Pond

  • By CP Resident on 08/22 12:04 PM

    Cameron Pond is well deserving of a Standing Ovation" as a New Residential Development in Cary.... and only because of the wonderful home owner's and their families. But let's be clear, it is certainly not because of the developer, "Impact Properties"; as they have created a mess for all within the neighborhood. Money is the root of all evilness.

  • By share your option on 08/21 02:52 PM

    It is really a nice post, its always great reading such posts, this post is good in regards of both knowledge as well as information. Thanks for the post. share your option

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