A slide shown at the Town Board meeting noted locations of endangered trees at the South Main development.

At Davidson planners’ request, Mecklenburg County has ordered a partial halt to construction at the 39-unit Village at South Main project while the town and the developer resolve a dispute over his failure to preserve trees on the site.

The Aug. 29 stop-work order means Corinthian Development Ltd. and contractor Pedulla Construction must stop work on retaining walls on site.

The project is on the east side of South Main Street on land that was once Griffith’s Dairy, between Merrill-Jennings Gallery and the home of artists Herb Jackson and Laura Grosch.

Originally approved in a different form in the late 1980s, the project has had a long and contentious history. It also has been reported by various names, including the Villages at South Main and the Village of South Park on South Main. Corinthian Development bought the property a few years ago, and its current 39-unit plan came about following litigation involving the previous owner. And Corinthian is reportedly trying to sell the project yet again.

‘LAST RESORT’ ORDER

Planning Director Kris Krider said Wednesday he sought the stop-work order “as a last resort” after violations of the town’s tree preservation ordinance went uncorrected. Only a handful of trees remain on the once tree-filled site. Some of the lost trees were cut improperly and others have been damaged, he said. The planned retaining walls pose a further danger.

“We requested (the county) to issue a stop-work order on the retaining walls as a notice of violation of our ordinance, Section 12.2, which is our tree preservation guidelines,” Mr. Krider said. “The bigger picture is, they’re not living up to the overall management plan that is required to preserve the trees. They’re not being responsible, in our opinion.”

Mr. Krider said it was only the second time in his nearly four years in Davidson when he has sought a stop-work order.

Since the retaining walls are an important element on the site, the order for now could halt or slow all work on the site, he said. It will remain in place until the “town is satisfied that not only is a plan in place, but actions are being taken to do everything we can to keep these trees alive,” Mr. Krider said. He said he plans to meet developer Phil Schepens and his arborist, O. Barry Crabtree, on the site Friday.

DEVELOPER WANTS TO CUT

The Village at South Main tree issue was the subject of a presentation at Tuesday’s Town Board meeting by Mr. Krider and planner Parviz Moosavi. Mr. Schepens and Mr. Crabtree also spoke.

Mr. Schepens blamed the trouble on the town’s approval of a site plan that he called unbuildable. As drawn, his site plan called for retaining walls and other work that he said he now realizes were too close and bad for the trees. “Is it my fault that this thing was approved?” he asked.

Instead of trying to save the handful of large trees left, Mr. Schepens on Tuesday proposed cutting and replacing them. “I think the sensible thing to do is let’s take a step back and punt. Everybody’s hands are dirty on this. Let’s get them (the trees) out of there and let me plant 10 new trees,” he said.

But town officials are pressing for Mr. Schepens to abide by the tree preservation requirements, even if that means altering engineering on the site.

Mr. Krider acknowledged on Wednesday that town officials have learned lessons from the tree dispute and he thinks better ordinances, fines or other tools, as well as staff training, could help avoid similar situations in the future.

“The environmental inventory needs to be better. Information on the master plan needs to have more realistic engineering done to it. It’s important for us all to acknowledge that we need to be more vigilant and better trained to look at construction projects while they’re in place, and become less reliant on the county or on a citizen to complain,” Mr. Krider said.

KEEP THE TREES

Board member Margo Williams, who has made numerous visits to the site to check on reports of tree cutting and threats to nearby properties, opposed Mr. Schepens’ cutting proposal. “I don’t know that I’ve heard enough to let any of the trees go,” Ms. Williams said.

Mr. Krider said he will be looking for a plan from the developer for nurturing and strengthening the trees. And he wants a contingency fund or backup plan that will include money for replanting if the trees die or are blown over in storms within five years.

Laura Grosch, who lives next door to the project and has fought and monitored it for years, welcomed news about the stop-work order, though she worries it’s too little, too late.

“This is good. It would be horrible if they cut down all the trees that are left,” she said. But, she added, “He’s cut all the trees down. I think this is very odd coming at such a late moment.”

LINKS & DOCUMENTS

Aug. 31 order from Mecklenburg County stopping work on retaining walls. (Requires Adobe Reader software)

Town of Davidson ordinance section 12 on tree preservation and landscaping, on town website. (Requires Adobe Reader software)