HomeMy WebLinkAbout03-20 Applicant Response Letter to HRABJohn H. Foote
(703) 680-4664 Ext. 5114
jfoote@thelandlawyers.com
Fax: (703) 680-2161
June 1, 2020
Candice Perkins
Deputy Director of Planning and Development
Frederick County
107 North Kent Street, Suite 202
Winchester, Virginia 22601
Re: Foxglove Solar/ HRAB Recommendations
Dear Candice:
Foxglove has received the comments from the Historic Resources Advisory Board and
offers the following responses to them.
We ask that these be considered by the Staff, and made available to the Planning
Commission and Board as this Application moves forward.
HRAB Recommendations
Please see the comments that follow.
The Applicant should not disturb any
The Applicant understands the
structures or ruins that are present on the
importance of identifying and
properties. There are a number of barns,
preserving historic resources. However,
outbuildings, the Miller House ruins, a
it understood the discussion at the
cemetery, and the overgrown Woodbine
HRAB meeting to have recommended
Farm main house. These structures should be
that it consider such preservation, rather
protected from any disturbance from this
than that it be obligated to it. In order to
proj ect.
accommodate the legitimate interests of
both the County and the Applicant, it
therefore proposes that rather than
avoiding all structures that may be
found on the site, most of which have
little to no historic significance, it
commit to avoiding the cemetery and
the Battlefield, and to the extent
ossible while maintaining the
ATTORN F'S AT L,,iW
703 680 4664 5 WWW.THELANDLAWYERS.COM
4310 PRINCE WILLIAM PARKWAY z SUITE 300 #, WOODBRIDGE, VA 22192-5199
ARLINGTON 703 528 4700 m L4)UDOUN 703 737 3633
As always, we appreciate the Staff's courteous and professional treatment of these
matters
JET/j f
cc: James Crawford
Rob Propes
Bri Eberline
Carol Tyrer
Marian Harders
Very truly yours,
WALSH, COLUCCI,
K
P.C.
economic viability of the project any
other structures on the property that are
recommended as eligible or potentially
eligible for listing on the National
Register of Historic Places at the
conclusion of the detailed Phase I
surveys, and upon the concurrence of
VDHR and DEQ.
No solar structures should be placed in the
This is acceptable. In addition, the
portion of the property that is located within
Applicant is evaluating the possibility
the limits of the Cedar Creek Battlefield.
of specific screening of the project from
those areas of the Battlefield to the
south where re-enactments are held, to
mitigate further any potential impact on
the resource.
A Phase I Archeological Survey will be
This is acceptable, and both an
completed as part of the permitting of this
archaeological and architectural Phase I
project. This survey should document the
Study will be required as part of the
collection of historic structures on and
Permit By Rule process that was
around this development and determine if
described to the Board, and of which the
this area would qualify as a Rural Historic
Staff is aware.
District.
As always, we appreciate the Staff's courteous and professional treatment of these
matters
JET/j f
cc: James Crawford
Rob Propes
Bri Eberline
Carol Tyrer
Marian Harders
Very truly yours,
WALSH, COLUCCI,
K
P.C.