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Winchester: The Future of Star Fort

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  • Winchester: The Future of Star Fort

    Board seeks to preserve Star Fort

    By Robert Igoe

    The Winchester Star [Winchester, Va.]
    June 26, 2008

    Winchester — Frederick County officials are prepared to take over management of one of the county’s historic landmarks.

    At its regular meeting on Wednesday, the county Board of Supervisors approved a resolution to ask the Frederick County Circuit Court to find that the Star Fort site on U.S. 522 (North Frederick Pike) near Winchester is of significant public interest, and that the county has the authorization and means to collect assessments from property owners in the Star Fort development to preserve the Civil War stronghold.

    The resolution came following a report by attorney Robert Mitchell detailing the results of his examination of the terms of the master development plan for the Star Fort residential development.

    In his findings, Mitchell said the plan includes specific language requiring that a homeowners’ association was created with the purpose of collecting mandatory annual payments from the developed properties to fund the preservation and operation of Star Fort as a public education and historic site.

    However, Mitchell said the assessments were not collected properly.

    While the homeowners’ association was later dissolved by the state Department of Corporations, Mitchell said that each deed of dedication for the Star Fort development continues to state the purpose of the association, and that the master plan agreement calls for the assessment funds to be turned over to an agency that would continue to do the assessments.

    Mitchell said the site’s preservation is "of significant public interest" and recommended that the county take over the assessments of the subdivision.

    The 7-acre fort was first used during the Civil War as cannon placements ordered by Confederate Gen. Thomas J. "Stonewall" Jackson, and served to protect the area from Union advances.

    The fort changed hands on at least two occasions, and was finally taken over by Union Gen. Philip Sheridan in 1864 during the Third Battle of Winchester.

    The site soon fell into disrepair and was often used as a site for recreational vehicles until it was taken over by the Confederate re-enactment group Middlesex Artillery Fleet’s Battery in 1980.

    The property has since been conveyed to the Shenandoah Valley Battlefields Foundation, which has approved funding to put a fence around the site to prevent its further deterioration.

    Board of Supervisors Chairman Richard C. Shickle Sr. said he hopes Wednesday’s resolution is a first step toward preserving the site’s history.

    "I’m glad we have the opportunity to deal with the issue," he said. "I hope to see Star Fort restored to a fine condition, and I feel we can count on cooperation from the homeowners."

    In another action, the supervisors scheduled a public hearing for their Aug. 13 meeting to discuss proposed amendments to the Rural Areas zoning district ordinance.

    The amendments would limit the density of buildings in these zones to one unit per 10 acres, rather than one unit per 5 acres, and set the minimum lot size at 10 acres.

    Attending the meeting in the Frederick County Office Complex were Shickle, Gene E. Fisher, Philip Lemieux, Gary W. Dove, Bill M. Ewing, and Charles S. DeHaven Jr. Gary A. Lofton was absent.




    Eric
    Eric J. Mink
    Co. A, 4th Va Inf
    Stonewall Brigade

    Help Preserve the Slaughter Pen Farm - Fredericksburg, Va.

  • #2
    Re: Winchester: The Future of Star Fort

    awesome! I grew up in Winchester, and I can tell you the four-wheeling continued well after 1980. I was at the fort in 2000 and four-wheelers were still being driven over the earthworks.

    Now, how can we save West Fort?
    [B]Mike Wilkins[/B]

    Comment


    • #3
      Re: Winchester: The Future of Star Fort

      I would love to see what remains of West Fort presererved. Not only was the fort defended during the 2nd Battle of Winchester by the Buckeyes of the 110th and 116th OVI, but the stone Fahnstock house that stands to the rear of the fort was built by one of my ancestors.

      The area around the RT 522 and Rt 37 has experianced a tremendous amount of both commericial and residental development over the last 5 years. I fear that it will not be too much longer before all remnants of these important earthworks are lost.
      Regards,

      Phil Spaugy
      Union Guards
      Co. A
      19th Regiment
      Indiana Volunteer Infantry
      N-SSA

      Comment


      • #4
        Re: Winchester: The Future of Star Fort

        Lawsuit troubles Star Fort residents

        By Robert Igoe

        The Winchester Star [Winchester, Va.]
        July 23, 2008

        Winchester — As Frederick County officials work to preserve a five-sided earthen fort of historic importance, some residents of a nearby housing development feel they have been blindsided by those leaders.

        People who live in the Star Fort subdivision on U.S. 522 (North Frederick Pike) north of Winchester say they were shocked to receive legal papers sent to them by the Frederick County Circuit Court last week.

        The papers notified them that the county Board of Supervisors has filed a civil suit asking to be granted the right to impose and collect assessments on residents of the development. The proceeds would be used to preserve the historic Star Fort site.

        The Civil War fort, near the entrance to the development, is a 7-acre stronghold built under the orders of Confederate Gen. Thomas J. “Stonewall” Jackson in late 1861 or early 1862 as a cannon placement. The fort changed hands on at least two occasions, and eventually fell under the control of the Union Army during the Third Battle of Winchester Sept. 19, 1864.

        Constructed chiefly of earth, the fort fell into disrepair until the Middlesex Artillery Fleet’s Battery, a Civil War re-enactment group, took control of the property in the early 1980s.

        In 2000, county officials, with the support of the Middlesex Artillery, developed a preservation plan for the fort that recommended a phased approach to the management and interpretation of the site.

        The Middlesex Artillery donated the Star Fort property to the Shenandoah Valley Battlefields Foundation in 2007.

        According to county legal advisers, the deeds of dedication for the 136 residential property lots require an annual assessment of $60 to $250 to be collected annually from each homeowner in the Star Fort development to pay for the restoration and protection of the fort.

        The development’s homeowners’ association, the Star Fort Property Owners Association, subsequently dissolved, but county officials say the assessments are still valid and are asking that any unpaid fees since Jan. 1, 2006, be collected at $60 per year.

        Some property owners in Star Fort said they weren’t aware the annual assessments would still be required after the dissolution of the homeowners’ association.

        “I don’t understand this,” said Greg Sweathen. “Why was I not told anything about this when I bought the house? I never heard anything about it. I plan to discuss this with my lawyer. They need to explain all of this to me if they want me to pay.”

        Sweathen said he might have been willing to make a voluntary payment toward the fort’s preservation.

        Another resident, Jackie Fleming, said the experience is a case of let the buyer beware.

        “To be honest, I don’t know that much about this,” she said. “I know we’re being assessed, but I think we should have some say. My son is an attorney, and he told me that I should have read the papers more carefully. I’m not happy about this, but I will pay.”

        On Friday, county Supervisor Gene Fisher said the lawsuit is a required step so the county government can be granted control over the assessments.

        Fisher said he expects the transfer to be successful and peaceful, and that the most important issue is the protection of Star Fort.

        No court hearings have been scheduled.




        Eric
        Eric J. Mink
        Co. A, 4th Va Inf
        Stonewall Brigade

        Help Preserve the Slaughter Pen Farm - Fredericksburg, Va.

        Comment

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