Council may sue developer Greens homeowners want work finished

April 01, 1993|By Donna E. Boller | Donna E. Boller,Staff Writer

Nearly two years after a representative of the homeowners association complained about broken sidewalks and other unmet obligations at The Greens of Westminster, the Westminster City Council appears to be moving toward suing the subdivision's developer.

The council is expected to go to court to force Peer Construction Co., owned by Nathan Scherr and Nathan Metz, to finish a list of public works items and to settle ownership of an eroding storm water management pond.

Mayor W. Benjamin Brown said he expects a report this month from City Attorney John B. Walsh Jr., who was asked to research the legal issues more than a year ago.

The council consensus at the time was, "Yes, we want John Walsh to pursue this and get Peer to do what they are supposed to do," said Councilman Kenneth A. Yowan. He said the final decision on legal action will be based on Mr. Walsh's report.

Martin Fleischman, Peer Construction's general manager, did not return a telephone call from The Sun. Neither Mr. Scherr nor Mr. Metz could be reached for comment.

Dennis Frazier, former president of the Greens Homeowners Association, brought complaints about broken sidewalks and areas where sidewalks weren't installed to the council in August 1991. No action was taken, and Mr. Frazier repeated his complaint in June 1992.

Asked why the research took so long, Mr. Walsh said, "It's very complicated." He declined to elaborate.

The city lost the option of finishing the incomplete work and recouping the cost from Peer when a letter of credit that the company had used as a performance bond expired in March 1989.

County inspector Myron Frock, who checked the storm water management pond in January, said he found "severe erosion" at the point where a 66-inch culvert pipe under Stacey Lee Drive discharges into the pond.

The erosion doesn't pose a threat to the pond, but if it is allowed to continue it could undermine Stacey Lee Drive, Mr. Frock said.

"It was inspected in 1992 and it was the same problem, but not as bad," he said.

Westminster has not maintained the pond except for mowing because it does not belong to the city, said Thomas B. Beyard, director of planning and public works.

Peer Construction deeded the pond in December 1990 to the homeowners association. Representatives of the association say they knew nothing about the deed, didn't want the pond and cannot afford to maintain it.

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