Tall Oaks ordered to make repairs or else SOUTHWEST -- Mount Airy * Woodbine * Taylorsville * Winfield

February 03, 1993|By Greg Tasker | Greg Tasker,Staff Writer

Mount Airy has ordered the developer of the Village of Tall Oaks to finish projects, including tot lots and landscaping, in the town house development or face legal action.

Monday night, the Town Council released a copy of a letter that its attorney, Richard C. Murray, has sent to the developer, James M. Frey, president of Frall Developers Inc. of Mount Airy.

"The purpose of this letter is to put you on notice that the Town of Mount Airy has determined to hold your company responsible, as the developer, for the completion and correction [of the projects]," the letter stated.

The town has ordered the developer to begin work by March 1 or an agreed-upon date and to finish the projects within 90 days.

For nearly four years, residents from the Village of Tall Oaks have been struggling to have a laundry list of items completed. The list includes fencing around sediment-control ponds, erecting other missing fences, eliminating problems with an underground spring so a sidewalk does not continually flood, and completing landscaping and tot lots.

The Village of Tall Oaks Homeowners Association last month pressed the Town Council to exercise its authority and make the developer complete the work.

The council met in closed session to discuss the matter with the association, the developer and the builder of the 121-home development.

At issue has been who is responsible for completing the work -- the developer or builders the firm hired for the development off Route 144.

The developer last month disclaimed responsibility -- placing it on the builder. The homeowners group maintained that a public works agreement signed by Mr. Frey several years ago made him responsible for the work.

The town is placing the responsibility on the developer.

Mr. Frey could not be reached for comment yesterday.

Laurie Hager, vice president of the homeowners group, said she and other members of the association were pleased with the town's action.

"Nobody thought we would get this far," Ms. Hager said. "We're really pleased, even if we had to go the extra mile to make everybody aware of the situation and what their responsibilities were. We're pleased the ball is rolling and that the town is working toward correcting its mistake."

Ms. Hager said she was informed of the letter last week but had promised not to comment until the letter was publicly read at the council meeting Monday. Four homeowners association members attended the meeting. She said the group has received estimates that the uncompleted work will cost about $50,000. She said the $20,000 bond the town is holding from the builder "won't even scratch the surface."

"It's nice to see the town require the developer to come through," she said.

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