by Leslie Lytle, Messenger Staff Writer

“We’ve staked out unique ground,” commented Friends of South Cumberland Executive Director Ned Murray about the agreement reached with Tony Perry, developer and majority owner of the proposed Woodlands Preserve subdivision adjacent to Foster Falls. The Friends took a public stand opposing the project over a year ago. The proposed site borders Little Gizzard Creek for three-quarters of mile. The Friends argued the 135-acre, 79-unit development threatened the creek, falls and fragile eco system with the potential for septic tank run off; erosion; pesticide, herbicide, and fertilizer runoff; flow disruption; as well as taxing already strained fire, police, and ambulance service. Nonetheless, Murray conceded, “The owner has the legal right to build there.” The Friends decided to try a different approach.

The agenda for the April 2, 2024, Marion County Planning Commission meeting called for a vote on the Woodlands Preserve preliminary plat. Two days before the meeting, Murray contacted Perry and invited him to tour the area, attend a School of Theology lecture “The Sacredness of Water,” and join the Friends for dinner at High Point appealing to Chicago-based Perry by pointing out the location was reputedly Chicago gangster Al Capone’s stopover.

Perry accepted the offer and changed his plans so he could stay another day. Rescheduling of the April 2 planning commission meeting resulted in the Friends having 10 hours with Perry. After attending the lecture, hiking Shakerag Hollow with Bran Potter, and touring Sewanee, Murray, Friends’ Board Chair Tom Sanders, Friends’ Land Conservation Chair Bruce Blohm, and Perry sat down to business.

“We explored all avenues,” Murray said. The Friends even offered to buy the area bordering the creek. The cost was unreachably high. But the Friends got Perry’s ear with the argument, “let’s bring science into this.”

The result: a higher level of protection and assurances than the Friends had hopes of achieving by any other means. An MOU outlining the agreement reached calls for an environmental impact assessment (with the Friends and Perry each paying for half); ongoing water testing of Little Gizzard Creek before, during, and after construction (both where the creek enters and leaves the property to take into account the possibility of runoff from other sources); buffer zones to protect the creek; measures to reduce soil impact during construction; and educational signage and literature to promote conservation. Post construction, responsibility for testing and remedying negative impact will fall to the Home Owners Association. A task force composed of representatives from the Friends and Perry’s company, A. Perry Homes, will oversee following through on the MOU’s provisions.

At the rescheduled Marion County Planning Commission meeting April 9, Murray appealed to the commission to use the tools at their disposal to regulate and oversee development. “Anything that discourages people from visiting our parks – or that diminishes the visitor experience – is detrimental to our community and the economy,” Murray insisted. “The benefits of more tax revenue must be balanced against other sources of economic impact from tourism, jobs created, and public relations, not to mention the potential costs to the county for various kinds of maintenance, repair, and cleanup.” In closing, Murray said, “We don’t want to work with developers. We want to work with you. We hope that our work on this project with Mr. Perry … will be an example for you, a model for moving forward.”

The planning commission had previously reviewed the subdivision’s preliminary plat in March. “The majority of recommended changes had not been addressed,” said Marion County planner Garrett Haynes. At the April 9 meeting, the commission voted against approval. “[To move forward with the project] it’s a matter of them making the changes necessary to meet the minimum requirements and resubmitting. I expect they will,” Haynes acknowledged. However, a more serious problem may confront Perry, water supply. Haynes is investigating whether Tracy City has sufficient water to serve the subdivision as the plat proposes. Engineering would be needed to determine if wells are a feasible option. Perry did not respond to an inquiry about his plans.

“The Friends do not believe that a housing subdivision is the best and highest use of that sensitive land,” Murray said. But he stressed, “An environmental impact assessment will provide a higher level of scrutiny than what the Tennessee Department of Environment and Conservation requires. Mr. Perry has offered a significant number of assurances and commitments intended to prevent and mitigate impact to the land and water during construction and long afterwards. Because we’re at the table, we can monitor progress. We’ll know when and what moves are made.”