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
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
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