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Home My WebLink About05-10 AT&T, Hall, Helsley, Pollack 120' Lattice Telc Facility - Stonewall - BackfileOPEN FILE: CLOSE FILE: CUP TRACKING SHEET File opened Reference Manual updated/number assigned D-base updated Location maps requested from Mapping Dept. Adjoiner list given to Planner Application Action Summary updated ACTION Planning Commission Meeting Board of Supervisors Meeting Approval (or denial) letter mailed to applicant, copy to Inspections Dept., copy to file and other cc's )/0 File stamped "approved", "denied" or "withdrawn" a O Reference manual updated /d D-base updated `a jZ O Application Action Summary updated Sys ID # � M 3 RECEIPT /J (iDAz TEE .. -- -. -- r--.A ( TV.T.. 1 ) i ao. DOLLARS $ (� 1JU 1 pp� FOR RENT `�CI�I`�� ')� T(:,, Zj�+J�� Il L.� ❑FOR BY AMT. OF CASH ACCOUNT f AMT, PAID CJ -� CHECK BALANCE MONEY DUE ORDER Founded in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 T R A N S M I T T A L M AY 2 8 2010 f L Project Name: AT&T Commercial Telecommunication Facility CUP Application Historic Resources Advisory Board Filing Packet File No: 5387 Date May 28, 2010 To: FC Planning From: Evan Wyatt Attn: Mark Cheran GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Hi Mark, Please review the attached information for the AT&T Commercial Telecommunication Facility located on Martinsburg Pike and schedule this matter for the June 2010 HRAB Agenda. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Time: r Please Print Name: r r L HISTORIC RESOURCE ADVISORY BOARD REVIEW APPLICATION Frederick County 107 North Kent Street, Suite 202 MEETING DATE Winchester, Virginia 22601 Telephone: (540) 665-5651 Fax: (540) 665-6395 DATE STAMP ADDRESS OF PROJECT: 2042 & 2060 Martinsburg Pike Winchester, VA 22603 PROPERTY OWNERS NAME: AT&T Corp. & Melissa Helsle Hall; Wesley Helsle , Sr.; & Bradley G. Pollack TELEPHONE NUMBER: (908) 234-8819 1 (540) 327-4195 PROPERTY OWNERS ADDRESS: One AT&T Way; Room 1A113A Bedminster, NJ 07921 & P.O. Box 1924 Winchester, VA 22604 ARCHITECT/DESIGNER: N/A I TELEPHONE NUMBER: N/A Description of Application: Please describe briefly the request of the application: (rezoning, master development plan, conditional usepermit). Please be specific: AT&T is requesting approval of a Conditional Use Permit to allow for the construction of a 120' free standing class 3 galvanized steel lattice microwave tower microwave tower in support of a long haul line sight radio communication route. This application is not complete until all of the following information has been provided to the Department of Planning and Development. Please check the materials that have been submitted. X Copy of required application as described in 1.1 (1.1.1-1.1.4) X Description of proposed development or construction project, including proposed uses and general timeframe for development (1.2) X Status of any identified historic or archaeological resources on the site or adjacent to the site (e.g., located in any identified historic area, survey area, or battlefield site or individually listed on a local, state or national historic register, relevant information on record with the Virginia Department of Historic Resources) and presence of other historic structures or significant landscape features or archaeological sites; (1.3) N/A Photographs (color) of all historic resources on the property (1.4) PROPERTY IDENTIFICATION NUMBER (PIN): 43-A-130; 43-A-132 Name of Applicant: Greenway Engineering Telephone Number (540) 662-4185 Address: Street 151 Windy Hill Lane City Winchester State VA Zip 22602 Signature: L, L • Print Name: VAN A .' -Y ii Date: 's' '� Ito Please note that the applicant or his/her appointed representative must be present at the meeting. GREENWAY ENGINEERING, wo. 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 May 28, 2010 Frederick County Planning Department Attn: Mark Cheran 107 North Kent Street Winchester, VA 22601 RE: AT&T Corp. Conditional Use Permit — HRAB Comments Dear Mark: The purpose of this letter is to request inclusion on the Historic Resources Advisory Board (HRAB) agenda in June 2010 to discuss the referenced Conditional Use Permit (CUP) application. The subject properties are located near the Interstate 81 Exit 317 interchange and front on the east side of Martinsburg Pike adjacent to AT&T's existing communications building at 2032 Martinsburg Pike. AT&T is requesting permission to construct a 120' free standing, class 3 galvanized steel lattice tower in support a of a long haul line sight radio communications route. The tower design will support the radio route, plus have cellular and first responder capabilities. AT&T has chosen this location because of the existence of a network access point (POP). Construction of this route will primarily serve federal customers location at Mt. Weather, VA in support of mission critical customer network applications. AT&T contracted with Comsearch to survey existing structures within a one -mile radius of the required access point and evaluate the ability of these structures to support 6-foot diameter and 5-foot diameter microwave dishes. None of the existing structures can support dishes at the required height. Due to the size and weight of the microwave dish antennas, a lattice tower is deemed the best means of support at this tower height. Additionally, the lattice tower will provide for less visual impact than a large diameter (6'±) monopole tower. The Frederick County Rural Landmarks Survey identifies the five sites as potentially significant, which are located between t/2 to 3/4 miles from the subject site. The closest site is identified as 34-727 Rutherford's Farm, which has been developed as a retail and office center. Additionally, the subject site is located within a portion of the Second Winchester core battlefield area defined by the National Park Service Study of Civil War Sites in the Shenandoah Valley. The subject property was previously located within defined Developmentally Sensitive Area (DSA); however, this designation has been removed from the subject property by the Board of Supervisors due to the significant amount of development and planned development in this area of the County, as well as Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com Prgject the planned corridor for the Route 37 eastern bypass. A map exhibit entitled AT&T Microwave Tower Developmentally Sensitive Areas and Historic Features has been created to provide a reference for these sites for review by the Historic Resources Advisory Board (HRAB). Please find attached all applicable information for the June 2010 HRAB meeting. Please contact me to advise of the date of this meeting and if you need any additional information at this time. Sincerely, ----------- Evan Wyatt, AICP Greenway Engineering Cc: Robert R. Ericksen, AT&T Corp. Thomas M. Lawson, Lawson & Silek P.L.C. Prorci V5387 2 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the ® owner ® other) NAME: AT&T Corp. Attn: Robert R. Ericksen, P.E., CCIM ADDRESS: One AT&T Way; Room 1A113A Bedminster, NJ 07921 TELEPHONE (908) 234-8819 2. Please list all owners, occupants, or parties in interest of the property: AT&T c/o Robert R. Ericksen Melissa Helsley-Hall Wesley Helsley, Sr. Bradley G. Pollack The property is located at: (please give exact directions and include the route number of our road or street) The subject properties (Tax Map Parcels 43-((A))-130 and 43-((A))-132) are located on the east side of Martinsburg Pike (U.S. Route 11 North), approximately 3/4-mile northeast of Interstate 81 Exit 317. 4. The properties have a road frontage of 261'± feet and a depth ranging between 402'± and 604'± feet and consist of a total of 3.32± acres. (Please be exact) Please refer to attached deed and plat information for tax map parcels 43-((A))-130 and 43-((A))-132. Tax Map Parcel 43-((A))-130 is owned by AT&T Corporation as evidenced by deed from Tad J. Naegeli and Maria Sunshine Doyle-Naegeli (previous owner) recorded as Instrument No. 080006084, as recorded in the records of the clerk of the Circuit Court, County of Frederick. Tax Map Parcel 43-((A))-132 is owned by Melissa Helsley-Hall and Wesley Helsley, Sr., as evidenced by deed from John E. & Shannon K. Hart (previous owner) recorded as Instrument No. 050026775, as recorded in the records of the clerk of the Circuit Court, County of Frederick. 6. 7. 91 a Property Identification Numbers 43-((A))-130 (AT&T); 43-((A))-132 (Helsley-Hall) Magisterial District Stonewall District Current Zoning RP, Residential Performance District Adjoining Property: Please refer to the attached Zoning Map Exhibit. USE North Residential; Unimproved East Church; Unimproved South Church; Unimproved West Residential Unimproved ZONING RP, Residential Performance District RP, Residential Performance District RP, Residential Performance District RP, Residential Performance District RA, Rural Areas District The type of use proposed is (consult with the Planning Dept. before completing) Commercial Telecommunication Facility It is proposed that the following buildings will be constructed: 120' microwave lattice tower with accessory equipment building_ 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in from of (across the street) the property where the requested use will be conducted. (Continue on next page if necessary.) These people will be notified by mail of this application: Please refer to the attached Adjoining Property Owner Map and Table. NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# 2 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. Please refer to the AT&T Microwave Tower Fall Zone Exhibit that is included as information with this Conditional Use Permit Application. Please note that the exhibit reflects current property boundary information and that the two subject t properties will be consolidated subsequent to the approval of the Conditional Use Permit Application to ensure that the fall zone established for the microwave tower will be contained within the project boundary. 12. Additional comments, if any: The proposed AT&T microwave tower properties are located outside of the County's defined Urban Development Area (UDA) and are not adjacent to identified Developmentally Sensitive Areas (DSA) as depicted in the Comprehensive Policy Plan Northeast Land Use Plan. The location of the 120' microwave tower is situated adjacent to Martinsburg Pike (U.S. Route 11 North) and is within close proximity to Interstate 81 and the planned route for the Route 37 Eastern Bypass. The location of the proposed 120' microwave tower is positioned to provide service for existing land use and is strategically located for future growth and development within this geographic area of Frederick County. If (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant: Signature of Owner: Owner's Mailing Address: AT&T Services, Inc., One AT&T Way Room IAl 13A Bedminster, NJ 07921 Owner's Telephone Number: (908) 234-8819 Signature of Owner: Signature of Owner: Owner's Mailing Address: P.O. Box 1924 Winchester, VA 22604 Owner's Telephone Number: (540) 327-4195 leej 006 slenbe pul L :3WOS ' izr°'•^"' an ' " M� 1SV3 L£ 31noLl 43SOdONd H11M 3MQ 'AB 43N91S3 L8£S OI 1D3fOad OIOZ aVW 131V4 v se on xra VINI9Nin'A1NnOO NOIH3(13Nd zcvzz mw.. .»i.• 10IN1SIO IVIH31SISVW llVM3NOIS dVW NOIlVOOI 2i3M01 3nVMOZIOIW 1 8 1V JNIU33NIJN3 AVMN33NO � 1SV3 LE 31nON a3SOdOHd H1IM dVW NOI1VOOl N3MO1 3AVMOHOIW 1'81V "g i E u w a J' C i O { a 0 z AT & T Microwave TowLi �� //rFAyF� W �� UDA Map JP� s° z A y� � _ I � o �'Pp / 2fC sy e�~ Or CS 6e3 `/Nc e `� eea W i? fAtR `N Q 3 °y ^y _ 837 Q 7st eet vc�� eFFt °�° �HARIES J�4 _......_ c e. l�rp 9y R° T°wN-RD v s JOP cr 9P o� 4.01 ,••. C!' a H, G a .c ry D D J\ O ® W eet P�C` cq �JQ2 .r O S w JESSICA LN a , QQ' �'�S.RO Q' �yo`�� o •p`'as` �STSr O Q cyFF p � g JQet e eo e v H 0 w \ \ / 732 �F9 U�q �• �D J p j es U o D Z — LU Q J _ � Q > w } a w F. q Q �° 3 cjo c° / PAC71V WAY (N_', X O Q OQ V �i / a fop eau �..,,. Inside UDA U o 7 `y�o 04~'•.��q Legend ;"..,,..,w. ~ a w o " 7 �t q! QSubjectProperties �'DutsideUDq w o 3 Feet .R 1=3 UDA ` o 1., Q C FOe � Parcel Boundary — { �Fs 1,000 500 0 1,000 0o u w v z AT & T Microwave Tower LU / Fall Zone Exhibit �> ,;; z a W � � 3.y g�g 6 r �) o w 120 Foot Fall Zone � f— om AT&T Microwave Tower j X tL Q W 11 Q Q U N Q O0 �m U w O Line of Sight to Mt. Weather w z m V // o j m X a > W} n Legend Q 0 W ZLLI O F Z N 0 ¢ 00 6 o w LL �=P AT & T Property < U < ¢ o a Building Footprints j \ v Feet as Q 3 LU z o Parcel Boundary 100 50 0 100 w w a o N Map — .10UfC2'. —... I 1,,nty. 1, 111 UeparimeflL —, lUU'J U,l z AT & T Microwave Tower FE Adjoining Property Owners Map z c; N z LU Q ai 22" > a q mi �73 rn A u 3 UJ 0 0 ++ 3 43`A 1104 43 U O / A 13o i a c7 m z Q z i� 43 A 132 p0 43 A 132B W CC(00 S2 w z Cn 3 Z o u o3: a> w O Cr M _Ln Z 9 O wa 0 0 � U_ O U w LL a U O 8 Legenz l h .0z L. Feet Subject Properties Q z Z W R g j Adjoining Property O � 200 100 0 200I Boundary ~ LL Parcel Bounds y Adjoining Property Owners Listing File 5387 Tax Map Number Owner . Address City & State ZIP 43 A 110 THOMAS E. & JANET RIDDICK, JR. 2045 MARTINSBURG PIKE WINCHESTER, VA 22603 44 A 24 RITA WILSON PO BOX 2996 WINCHESTER, VA 22604 43 A 113 JANE M. DEHAVEN, TRUSTEE 2073 MARTINSBURG PIKE WINCHESTER, VA 22603 43 A 132B TRUSTEES OF MARANATHA BAPTIST CHURCH 2O40 MARTINSBURG PIKE WINCHESTER, VA 1 22603 43 A 129 IWILLIAM & SANDRA LIGHT 1405 SPRING VALLEY DR IWINCHESTER, VA 1 22603 Source: Frederick County GIS, May 2010 Page 1 of 1 Virginia Department of Historic Resources Survey Form Exhibits ➢ File Number 34-112 ➢ File Number 34-703 ➢ File Number 34-727 ➢ File Number 34-729 ➢ File Number 34-950 Carter -Hardesty House Helm -McCann Property Rutherford's Farm Thomas McCann House Milburn Cemetery Civil War Sites In The Shenandoah Valley Exhibits ➢ Second Winchester ➢ Opequon or Third Winchester I VIRGINIA DIVISION OF HISTORIC LANDMARKS HISTORIC DISTRICT/BRIEF SURVEY FORM File no. 34-112 Negative no(s). 10082 ,10083 City/Town/Village/Hamlet Rural Uounty County rreaericx Street address or route number off of Rt. 662 U.S.G.S. Quad Stephenson Historic name Stottlemeyer House Commonname Carter -Hardesty House Present use abandoned (burned) Building Style Vernacular Greek revival Original use residential Building Date(s) r 184(1-1 86o 1. Construction Materials ❑ wood frame H'6rick bond: ❑ English ❑ Fjemish Er5 -coutx American ❑ stretcher ❑ other D stone ❑ random rubble ❑ coursed rubble ❑ ashlar ❑ dressed ❑ rock -faced ❑ log. ❑ squared notching: ❑ V-notch ❑ saddle ❑ square ❑ concrete block ❑ terra cotta ❑ steel frame ❑ other ❑ unsquared ❑ half dovetail ❑ full dovetail ❑ diamond 2. Cladding Material ❑ weatherboard ❑ composition siding ❑ vertical siding ❑ stucco ❑ board & batten ❑ aluminum or vinyl siding ❑ shingle: ❑ cast iron ❑ wood ❑ sheet metal ❑ asbestos ❑ enameled metal ❑ asphalt ❑ glass ❑ bricktex ❑ other 3. Stories (number) 2 ❑ low basement 5 raised basement 4. Bays (number): front 5 side (church) symmetrical ❑ asymmetrical S. Roof Type ❑ shed ❑ hipped E -parapet? ❑ pyramidal? Q gable ❑ mansard ❑ pediment? ❑ false mansard ❑ parapet? ❑ gambrel ❑ clipped end? ❑ flat ❑ cross gable? ❑ parapet? ❑ antral front gable? ❑ roof not visible ❑ other 6. Roofing Material ❑ shingle ❑ composition (asphalt, asbestos, etc.) P wood a metal ❑ ending seam L7 corrugated ❑ pressed tin (simulated shingles) ❑ We ❑ pantile ❑ flat ❑ glazed ❑ slate ❑ not visible 7. Dormers (number): front side ❑ gable ❑ pediment? ❑ shed ❑ hipped 8- Prim-YOF&cular style stories levels full height bays 3 materials wood description and decorative details chamfered columns decorative brackets: porch sits on stone piers 9. General supplementary description and decoration: 6/6 windows; wooden lintels w/corner blocks over winodws; 6-light basement windows;2 interior end brick chimneys; 2,4-1 16. Major additions and alteration., '-ji Greek Revival door surrooun Had a rear 2-story frame fluted trim and corner bock ell; part of the house 5-light sidelights,4-light rr. vutouuamgs:ldestroyin the rear ell and creating a Many outbldgs. _ large hole in the roof of t including a frame garage, fron tion of the house 12. Landscape Features-12 large frame bank barn w/ silo, 20t Mature trees, house -el concrete tank for sprayi sits back off of roaHbrick springhouse (partially r 13. Significance: Fine example of the Vernacular —Greek Rev Style of Antebellum Frederick County. House is vacant as it has not been fixed since it burned. Someone liv behind the house in a trailer. Surveyed by: M. Kalbian Date: 1/90 VIRGINIA HISTORIC LANDMARKS COMMISSION SURVEY FORM 34-112 File Number 1. County Frederick Town Winchester Street No. E. of Rt. 662, N. Of Ht. 661. USGS Quad Name Stephenson Quad Date 1966 Original Owner John Carter Original Use Home PresentOw-r Harry L. McCann Present Owner Address Jerrerson St. Winchester, Va. 2. Historic Name Present Name Carter —Hardesty House Date or Period (exact or estimate) ea. 1810 Architect ---- Builder, craftsman, etc. --- Source of Name Quarles, Old Homes Source of Date Gue s s 3. No. stories (dormers count as %: story): 2 Wall construction Present Use I Brick Acreage Home Unknown 4. Historical Significance (Chain of Title, Families and Events, etc., connected with the property) See Quarles, Some Old Homes it red_ Co., Va. 5. Architectural Significance (Note interesting interior and exterior details, etc. cite significant alterations and additions) I believe 1810 is a fairly accurate date. Tie W. wing of the building Is a Victorian addition, as all of the windows have been Victorianized. I did not gain entry into the house. 6. Physical Condition Structure Grounds Neighborhood Excellent Good Fair Poor :i 7. State potential threats to preservation of structure None (over) I DIVISION Or HISTORIC LANDMARKS Negative no(s), 1 UU'/'/ �P SURVEY FORM 34 -703 . Historicname Heim House, Bellevue, Fort Common name a in- c ann roper y County/Town/City Rural Fred. Co. Helm. Street address or route number R t. 662 USGS Quad Stephenson Date orperiod mid -late 18th C.,mid 19th C.,late 1 Original owner Col. Meredith'Helm Architect/builder/craftsmen Original use residential unknown Present owner James K. McCann Sourceofname Quarles Present owner address Jefferson Ave. Source of date Winchester, Va . Stories 2 Present use ruins Foundation andwallconst'n part of the house was log, Acreage unknown part was stone and part was frame. Rooftvve qable State condition of structure and environs The .house is no longer standing. The area is in very poor condition due ne- glecl State potential threats tostructure Neglect/development. Note any archaeological interest In 1809 it was referred to as Fort Heim. Is included in the Stephenson's Deppt Battlefield. Should be investigated for possible register potential? yes ❑ no K1 Architectural description (Note significant features of plan, structural system and interior and exterior decoration, taking care to point out aspects not visible or clear from photographs. Explain nature and period of all alterations and additions. List any outbuildings and their approximate ages, cemeteries, etc.) All that remains now of the Helm -McCann house is a stone springhouse. There are ruins! of the house, which burned in 1958, and the brick meathouse is alsmost completely collapsed. There are some stone ruins (foundation) of the bank barn as well. Across the road is what is left of Milburn Chapel cemetery. The old Milburn chapel, an 18th century Methodist church, was abandoned and torn down many years age. All that remains is a cemetery surrounded by a stone wall. Many of the local citizens are buiried in this cemetery including Col. Meredith Helm. I was able to find 2 historic photographs of the house; one taken in the 1890s and one in the late 1930s. The photos do not indicate from what view they wer taken,ibut the 1930s view appears to be a southern one because of the faint ou line of the stone springhouse which is present in the lower left hand corner.. It appears that the house was partially log, stone and frame. The house's final configuration was an I hou ve with a rear 2 story wing. The stone spring - house probably dates.to the original house (c.1752) and is in fairly reasonabl -condition. Interior inspected? Historical significance (Chain of title; individuals, families, events, etc., associated with the property.) From Quarles and others! 1752 Lord Fairfax to Col. Meredith Helm (died in 1804) 1809 appears on Charles Varle Map as "Fort Helm" 1872 to James McCann 1958 destroyed by fire DIVISION OF HISTORIC LANDMARKS Negative no(s). 10083 - SURVEY FORM 34-?Z 9 _..---••--•------......------•--- Historic name The Milburn House Common name Thomas McCann House County/Town/City Rural Frederick County Street address or route number off of RE. 662 USGS Quad Stephenson Date or period c1.842, c.1890-1910 Original owner John Milburn Architect/builder/craltsmen Original use residential unknown Present owner Thomas McCann Source of name Quarles Present owner adaress Rt. 8 Box 491 Source of date owner, architectural evidence Stories Present use Winchester, VA 22601 Foundation and wall const'n Stone Acreage residential unknown Roof type gable-w/standing seam metal. State condition of structure and environs The house and outbuildings are in fair condition. State potential threats to structure Unknown Note any archaeological interest Unknown Should be investigated for possible register potential? yes ❑ no IX Architectural description (Note significant features of plan, structural system and interior and exterior decoration, taking care to point out aspects not visible or clear from photographs. Explain nature and period of all alterations and additions. List any outbuildings and their approximate ages, cemeteries, etc.) According to Quarles, this house was built around 1744-1760. Architecturally I was not able ti verify this date. My findings lead me to believe that the house was built in the mid- 19th Cenr Tne size of the windows, the type of chimneys, the window and door trim, as well as the config- uration of the house all seem to date from this period. Mr. Thomas McCann, now 92, has lived this house his whole life. He says the house was built in 1842. A rear 2 story frame wing was added in c.1880-1910. The front stone portion is laid in a random rubble pattern with corner quoins. It is 2 stories, sits on a split-level basement, is 4 bays wide and assymetrical. It has a gable roof with standing seam metal roofing and 2'interior end brick chimneys. The wind( are 2/2 and the front door has a transom light (unable to see number of lights). The door surrc is a flat architrave trim with bull's eye corner blocks. A 2-bay 1 story porch with square dor: columns as supports is centered on the front (north) facade of the house. The east gable end : a blind one with no openings. On the other hand; the west gable end is pierced by windows on levels; 2, 4-light square attic windows; 6/6 windows on the first and seconds stories; and 3-1: windows in the basement. The rear 2 story frame wing was added in the late 19th-early 20th cel tury . It has german lap siding, 6/6 windows, an interior end brick chimney, and a side 3-bay ' story porch. This property has many of its original outbuildings. They include a board and bat meathouse; a frame chicken coop; a frame shed; a frame barn on stone foundation and a fine frar corn crib. The setting around the Thomas McCann house is exceptionally beautiful. It is locat on top of a knoll off of Lick .Run. The house is architecturally significant in that it has had very few alterations since early this century. Also, it is significant because of its connection with the Milburns and McCanns, two very prominent families in the history of Frederick county. Interior inspected? Just the rear frame section. Historical significance (Chain of title; individuals, families, events, etc., associated with the property.) According to Quarles: 1735 Governor of Colony of Virginia to John Frost 1744 John Frost to John Milburn I 1761 83 acres to son John Milburn II ? acres to grandson John Milburn III (son of Robert Milburn, brother of John Milburn II) John Milburn II built Milburn Chapel by 1786. It was one of the oldest Methodist churchE in the Valley. 1813 to William Hickman Harris nd to Jesse Wood 1854 to Thomas Brown 1856 to George Keen 1869 to Jonathen Keen 1888 to Elizabeth Mulvahill 1893 to James K. McCann 1918 to son, Charles R. McCann 1966 to son Thomas Kemp McCann tl i i.. - 1 w a M'�� - + J VIRGINIA File no. — 50 t ,, Ne ative n s . 632 DIVISION OF HISTORIC LANDMARKS HISTORIC DISTRICT/BRIEF SURVEY FORM City/Town/ Village/ Hamlet Rural County County Frederielt Street address or route number Rt. 622 U.S.G.S. Quad Stephenson Historic name Milburn Methodist Cha el Common name Milburn Chapel & Cemetery Present use Abandoned Building Style Vernacular Oriemal use Church & Cemetery Building Date(s) ca.1788, ca.1887, ca.1945 I. Construction Materials ❑ wood frame ❑ brick bond: ❑ English ❑ Flemish ❑ _-course American ❑ stretcher ❑ other ❑ stone ❑ random rubble ❑ coursed rubble ❑ ashlar ❑ dressed ❑ rock -faced ❑ log: ❑ squared notching: ❑ V-notch ❑ saddle ❑ square ❑ concrete block ❑ terra cotta ❑ steel frame ❑ other ❑ unsquared ❑ half dovetail ❑ full dovetail ❑ diamond 2. Cladding Mateiial ❑ weatherboard ❑ composition siding ❑ vertical siding ❑ stucco ❑ board & batten ❑ aluminum or vinyl siding ❑ shingle: ❑ cast iron ❑ wood ❑ sheet metal ❑ asbestos ❑ enameled metal ❑ asphalt ❑ glass ❑ bricktex ❑ other 3. Stories (number) ❑ low basement ❑ raised basement 4. Bays (number): front side (church) 1 ❑ symmetrical ❑ asymmetrical 5. Roof Type ❑ shed ❑ parapet? ❑ gable ❑ pediment? ❑ parapet'? ❑ clipped end? ❑ cross gable? ❑ central front gable? ❑ other ❑ hipped ❑ pyramidal'? ❑ mansard ❑ false mansard ❑ gambrel ❑ flat ❑ parapet? ❑ roof not visible 6. Roofing Material ❑ shingle ❑ composition (asphalt, asbestos, etc.) ❑ wood ❑ metal ❑ standing seam ❑ corrugated ❑ pressed tin (simulated shingles) ❑ the ❑ pantile ❑ flat ❑ glazed ❑ slate ❑ not visible 7. Dormers (number): front side ❑ gable ❑ pediment? ❑ shed ❑ hipped 8. Primary Porch style stories levels materials description and decorative details bays 9. General supplementary description and decoration: It is believed that Milburn Chapel ims built in 1788, halting it one of the earliest Methodist Chapels in Frederic}: Co. T+ diE3manteled around 1887 & the logs were sold 10. Major additions and alterations: to a Mr. Schreck vilio used them to build a barn on his property (which no long— er stands). The money eras used to help build the re placement church Eirunanuel Meth. Church (34-940) in 11. Outbuildings: Stephenson. The cemetery still remains. Its stone wall ,ras repaired by Mr. Paul Sternitzke, a German prisoner of war staying in Winchester durin. the early winter of 1944. Some important families & 12. Landscape Features: figures are buried pare incivaing the Helm (Amelia 1803, Meredith 1804). It is also presumed that John Milburn was buried here. 13. Significance: Surveyed by: - r ,1-,1 ti Date: 11 /90 Landmark awaits restoration preachers, held regular services at the newly constructed church on ne of Frederick his property. County's oldest Of the many notable Methodist landmarks- " - ministers who preached at Milburn Milburn Cemetery, Chapel, the most prominent was appears almost abandoned at its Francis Asbury, the first American quiet location beside a little- bishop of the Methodist church. travOled gravel road near — —`-"John SLOW Bala-thAr before Stephenson. construction was completed at Its most ardent visitors these Milburn Chapel, Asbury stood on a days are the groundhogs that have work bench and preached in 1788. burrowed deep under the silent It was more than 11 years later graves and the cattle that graze when Asbury returned to Milburn beside the vine -covered, limestone Chapel. The reason for his visit wall that defines the graveyard. was to honor Milburn's retirement To one side of the cemetery is a from itinerant preaching. rocky mound —all that remains of Although Milburn died in 1813, the once historic Milburn Method- services were held at the chapel ist Chapel. until it was severely damaged by According to "Milburn Method- Civil War battles fought in the ist Chapel in Frederick County, area. Virginia," by area historian Wilbur Sometime between 1882 and S. Johnston, the log church and its 1884, Milburn's congregation met cemetery were established around to decide whether to repair the old 1788 by John Milburn. chapel or rebuild at a new location. Johnson said that Milburn Church members opted for the Chapel is believed to have been the latter and in 1887 built Emmanuel first Methodist church to be built Methodist Episcopal Church South in Frederick County and was one (now the Emmanuel United Meth - of the oldest in the Northern odist Church) in Stephenson on Shenandoah Valley. U.S. 11. Its founder, who was a grandson At the time the congregation of the First Milburn to settle in the decided to relocate, the land Frederick County area, wasn't surrounding the chapel and cem- Methodist by birth. He was a etery was owned by James Kemp convert from Quakerism. McCann, who purchased the Milburn's grandparents, John property in 1872. and Elizabeth Milburn, moved to Johnston said that at about the the county between 1743 and 1747 time the new church was built, to settle on what is now Milburn McCann dismantled the old chapel Road (Route 662), which was a and sold the logs to a farmer, who primary road in the late 1700s and used them to build a barn near the the early 1800s. site of the former The Milburns Jordan Springs Hotel were members of the (By 1920) I on Route 664. The Hopewell Quaker barn is no longer Meeting near even the standing. Clearbrook. McCann gave the In 1779, the paths and proceeds from the younger Milburn lanes sale of the logs to the was dismissed from new church. the meeting because became' There's no indica- he married his first- tion that Milburn cousin, Elizabeth. occupied was buried in the According to cemetery, but Johnston's book, the and the Johnston said it is marriage was considered "contrary opening reasonable to believe of that he was. to discipline." rave "If his grave Eight years after anew gmarker were stone, it Milburn was dis- invariably is likely fallen and missed from the buried with subse- Quaker meeting, he struck quent plant growth became a traveling or, like many others, preacher and helped unmarked stolen," Johnston form the Milburn said in his book. Methodist Society in remains. Of the few remain - hie community, —Arvre historian in g grave markers Johnston said only two date earlier Wilbur that Milburn be- S. Johnston than Milburn's came an ordained death —Ann Amelia minister in 1789 Photos b Magruder in 1803, and, along with % and Meredith Helm other traveling Rick Foster See Graves, page E4 i i> i+new ,tuedwc L _U.(j li-, al 9 w P= Graves from page E3 in 1804. Helm's grave is marked by a full-length, horizont-1 sandstone slab on the ground. The stone's inscription says: "Sacred to the memory of Meredith Helm who departed this life October 12, 1804 in his 51st year of age." Johnston said that Helm is probably had the "most illustri- ousburial in Milburn Cemetery." Helm was a colonel in the Vir- ginia militia during the Revolu- tionaryWar. Helm's father, also Meredith Helm, was the sixth sheriff of Frederick County and one of Winchdster's foundingfa- thers. Johnston said that burials continued at the small cemetery until about 1920, "when even the paths and lanes became oc- cupied and the opening of a new grave invariably struck un- marked remains." After burials ceased at the cemetery, the McCann family kept it weeded and mowed for many years. The last professional repairto the limestone wall around the cemetery was during World War II. The repairs were paid for by the McCanns, who hired several German prisoners of war from a prison camp in Winchester lo- cated near Virginia Avenue. Today, the site of the chapel is owned by the McCann family. Care of the cemetery —planned for complete restoration —is pro- vided by the Emmanuel church. . Emmanuel's minister, the Rev. Mark Miller, said that the restoration of the cemetery has been slow and costly. "It's slow partly because ofthe economy and because the people at the church don't have an at- tachment to the cemetery," Miller said. Early this year, the church's Boy Scout troop and youth group began clearing away brush and undergrowth from the cemetery. The church has also estab- lished a Milburn Cemetery fund and takesup a collection three or four times a year to help with the restoration. "Our objective is to raise enough money to eventually have the cemetery professionally cleared and maintained," Miller said. "So far, we have about $100 in the fund." "We would also like to put a historical marker at the cem- etery,"Johnston said recently as he stood beside the cemetery wall. "Phis is such abeautiful spot." Anyone interested in making a tax-deductible donation to the Milburn Cemetery Fund can call 662-1269. Copies of Johnston's book can be purchased at the Winchester -Frederick County Historical Society office at 401 National Ave. in Winchester. 11. Outbuildings: Stephenson. Tae cemetery still remain: Its stone wall ;aas repaired by Mr. Paul Sternitzlce a German prisoner of Saar staying in Winchester dur the early winter of 1944. Some important families 12. Landscape Features; figures are buried here incluaing the Helms (Amelia 1803, Meredith 1804). It is als presumed that John Milburn was buried here. 13. Significance: Surveyed by: rt;Date: �rat S. Kalbian 11/90 IT F1 '�•�• '1 •�{.� �. .�i,+" �.,;r. 't 3' C dui 7.,'� I rL L �'` •+�'" IZ qL �-• ,.;!r ' �� •. � � {r • t • � �. Ij}, .. �'• � � r fit' ' �'! Q 1 rill' � � •fir ►• +F y ��'.•► �ii '!!: , h ,fir. �' ! � ,� �� ' .i7 � I '�,,. .r�+ •>l.,�;i ,2 `b+ ♦ "':�)��t w ;{i. �'L� LT. - ems:'. 3', -t' ui��' ''% 3. '.' •` ! .wr♦. �t� :� '� •,; r �r �� r'►� �sa�L ty s..=� • , � ,. .. � '• . ,'r ,� ��• i �";F 1 . N y V 1lCh111111, HISTORIC LANDMARKS COMMISSION 0 Historic name Rutherford's Far County/Town/City Rural County Street address or route number Rt. 11 USGS(luad Winchester Original owner Original use Present owner Present owner address Present use Acreage ix File . 3�-727 Negative no(s). 10082 SURVEY FORM m Common name Rutherford's Farm Date or period July 20, 1864 Architect/builder/craftsmen Source of name Source of date Stories Foundation and wall const'n State condition of structure an° envnvn- d's Farm The main house threatsoto structure erforThe site is threatened demolished - State p threatenedby development. Note any archaeological interest Should be investigated for possible register potential? yes — °O _X period of all alterations ures �OfPlan' Architectural desO1n pout aspectsnotvisible(ortclear from photographs. Explain nature an.ctu,.Jsyste- and d an; exterior decoration, taking care top approximate ages, cemeteries, etc.) and additions. List any outbuildings and their All that remains of the hous 11 up e at Rutherford's house is aset ohotos)f There steps that lead from Rt. to the site of the -house (see p is a historical marker south of the site of the house on Rt. 11 identifying it. interiorinspecteu: - Historical significance (Chain of title; individuals, families, events, etc-, a By James Tubbesing: April 3, 1990 Confederate General Ste On July 20, 1664 at the Battle of Rutherford-s Farmion attacking force led by phen Ramseur's division was routed by a sup ed Ramseur's rep - General William Averell. This debacle, which severely damaged utation as a division commander, resulted in the loss of 470 men and four can - General as being the non. Unionaisualties were fewer than 300. The battle itself had little strategic importance to either side, futhiswnotablhaP of iliss Tillie Russell, scene of one of the enduring lewho sat up all night on that field of death, Winchester's "Angel of tlercy" cradling a grievously wounded Confederate office in her arms and thereby saving his life. , • ° i 1 � I .'� �.� i l;�t I- l f (� l f 1' ' ,. 1 1 t t �1 i L•, I', i i i;` id WINCHESTER QUADRANGLE VIRGINIA %yoo` 7.5 MINUTE SERIES (TOPOGRAPHIC) y��.t10 745 746 ; 2 100 000 FEET 747 780,,7' 9 6 15, CD lip 4348 65 � S3, " _ s Quwry. 7717 4 9 570000 FEET 764+ 730 .90 4346 b v \ . 709 � '•�1 i 0 7 1 0 • •a •!@ p _ _ 66 .•� , N -ea'�a .. �i •' O nl 10 c 4345 • d it I:: 4� ♦ o ' o y1NTERC NGE 82. 6� ,S i;0 Ll • CIVIL WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA SECOND WINCHESTER Virginia ever did." The battle was won by deft flanking (13-15 JUNE 1863) maneuvers and underscores the inadequacy of relying on entrenchments when confronted by a mobile attacking force. County: Frederick VA, and City of Winchester General Location: Valley Pike (US 11 at Abrams Creek), Apple Pie Ridge and "Louisiana Heights" W of town, West Fort, Fort Milroy, and Star Fort; S. of present day Stephenson's (US 11 S of 761). Size of Study/Core Areas: 22,274/3,113 acres GIS Integrity of Study/Core Areas: 48/52 percent; Poor/ Fair Field Assessment of Study Area Integrity: Poor USGS Quadrants: Winchester, Stephenson Campaign: Gettysburg Campaign Principal Commanders: [c] Lt. Gen. Richard S. Ewell; [u] Maj. Gen. Robert H. Milroy. Forces Engaged: [c] Second Corps ANV, two divisions (Early and Johnson), about 12,500; [u] Three infantry brigades (Elliott, Ely, McReynolds), numbering about 7,000. Casualties: [c] 269 (47k/219w/3m); [u] 4,443 (95k/373w/ 3,975m&c). Significance: After the Battle of Brandy Station (9 June 1863), Gen. Robert E. Lee launched his plan for a second invasion of the north. He ordered the Second Corps, Army of Northern Virginia, under Maj. Gen. Richard Ewell to attack the US force at Winchester and clear the Lower Valley of Union opposition. In the resulting three- day battle (13-15 June), Ewell's corps defeated, routed, and nearly destroyed a US division under Maj. Gen. Robert Milroy. This victory (the apogee of Ewell's career) offered high hopes for the success of Lee's second invasion of the North, hopes that were dashed on the battlefield of Gettysburg in July. In the words of Confederate artillerist Maj. Robert Stiles, "This battle of Winchester ... was one of the most perfect pieces of work the Army of Northern DESCRIPTION OF THE BATTLE Prelude (12 June): On 12 June 1863, the Second Corps of the Army of Northern Virginia under Lt. Gen. Richard S. Ewell, three divisions nearly 19,000 strong, entered the Valley at Chester Gap and pressed on to Front Royal. Two divisions under Maj. Gen. Jubal A. Early and Maj. Gen. Edward Johnson continued north on the Valley Pike and the Front Royal Road to converge on the Union defenders of Winchester under Maj. Gen. Robert Milroy. Despite the superior forces that were rumored to be approaching, Milroy was confident that the strength of his fortifications would enable him to repel the Confederates or withstand a siege. The ridges west of town were heavily fortified and consisted of trenches linking central strong points or "forts". The strongest of these were Fort Milroy and Star Fort. West Fort, a redoubt of six guns, featured promi- nently in the action. Phase One. US Dispositions (13 June): On 13 June, Milroy advanced elements of Elliott's brigade to Pritchard's Hill at Kernstown and sent elements of Ely's brigade to intercept any advance on the Front Royal Pike. McReynolds brigade was at Berryville. Phase Two. CS Advance on Front Royal Pike (13 June): Edward Johnson's Division of four brigades (Steuart, Williams, Walker, Jones) advanced on the Front Royal Pike driving back Union pickets. Approaching the intersection of Millwood Road about 1400 hours, Johnson deployed and swept forward, driving Union skirmishers from behind stone fences. US troops withdrew to high ground north of Abrams Creek under cover of a battery and the heavy guns of Fort Milroy. Johnson brought up a battery and engaged Union field artillery, driving several pieces from the field. The CS guns lacked the range to reply to Fort Milroy's guns and eventually were forced to withdraw. Johnson's,advance was stalled, and he awaited the arrival of Early's division to the west on the Valley Pike. Phase Three. CS Advance on Valley Pike (13 June): Early's division of four brigades (Hays, Smith, Avery, a r 1 71 CIVIL WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA Gordon) marched toward Winchester on the Valley Pike in conjunction with Johnson's division on the Front Royal Road. Late afternoon, Early's column reached the outskirts of Kernstown and drove back the US skirmish line encountered at Pritchard's Hill. US forces retreated to Cedar Creek Grade and briefly counterattacked, but Early extended his line to the west, out -flanking successive Union positions. US cavalry attacked several times up the Valley Pike to ease pressure on the infantry. Eventually, the Union force retreated north of Abrams Creek under cover of the heavy guns from Bower's Hill and Fort Milroy. Phase Four. Milroy Withdraws into the Forts (13 June): After dark Milroy concentrated his forces inside a triangle defined by Fort Milroy, Star Fort, and West Fort. McReynolds' brigade reached Fort Milroy after marching a round -about route from Berryville, harassed by Confed- erate cavalry. Milroy's soldiers had fought well during the previous afternoon, and he was confident that he could withstand renewed Confederate assaults in the morning. In the meantime, Ewell ordered his third division under Maj. Gen. Robert E. Rodes to advance on Martinsburg via Berryville to cut offMilroy's retreat in that direction. Phase Five. Early's Flank March (14 June): At dawn of 14 June, one of Early's brigades (Gordon) swept forward to capture Bower's Hill with little resistance. Johnson extended his line to the right against very. light opposition; there was fitful skirmishing in the streets of Winchester. Early and Ewell conferred on Bower's Hill and decided on a flanking strategy. Gordon's brigade and two batteries were left on Bower's Hill, while Early led his three other brigades back to Cedar Creek Grade, west beyond Apple Pie Ridge where it was out of view of US fortifications, then north over Cloverdale Plantation to Walnut Grove. His column was accompanied by 20 guns. While Early made this march, Johnson advanced a line of skirmishers on the right to occupy the Federals' attention. The CS batteries on Bower's Hill opened up, touching off a duel with the Union guns in Fort Milroy. By mid -afternoon, Early's force had gained a position opposite West Fort on Apple Pie Ridge. Eight guns were positioned on the Brierly Farm northwest of the fort, while 12 guns were placed in an orchard southwest of the fort. By this time the field had quieted, and the US forces believed that the Confederates had been repulsed from Winchester. Phase Six. Attack on West Fort (14 June): About 1800 hours, Early's artillery opened fire on West Fort. The twenty guns fired for 45 minutes, while Brig. Gen. Harry T. Hays stealthily advanced his Louisiana brigade through the corn and wheat fields at the base of Apple Pie Ridge. On command, the brigade rushed forward across 300 yards of open fields and swept upward into the works. After a brief hand-to-hand struggle, US defenders aban- doned the works, retreating to Fort Milroy. Hays was supported in the attack by two brigades (Smith and Avery). Early consolidated his line on West Fort Ridge, but darkness prevented further gains. An artillery duel continued until long after dark. After the battle, Ewell christened West Fort Ridge as "Louisiana Heights" in honor of Hays's brigade. Phase Seven. Johnson's Flank March (14-15 June): Ewell assumed that Milroy would retreat during the night and ordered Johnson to prevent his escape by cutting the Charles Town Road. About 2100 hours, Johnson (with Steuart's and Williams's brigades and 8 guns) marched north to Berryville Pike and west to Jordan Springs Road, where he turned north toward Stephenson's Depot. About midnight, the Stonewallbrigade disengaged and joined the rear of the column, leaving one brigade (Jones) astride the Berryville Pike east of town. Phase Eight. US Withdrawal (14-15 June): After confer- ring with his officers, Milroy made the decision to try to "cut their way through" to Harpers Ferry on the old Charles Town Road. All of the cannons were spiked and their carriages destroyed. Shortly after midnight, the Union soldiers left their works so quietly that Early's Confederates did not know they were gone until morning. The column massed in the low ground between Star Fort and Fort Milroy, then moved down the railroad and the Valley Pike toward the Charles Town crossroad, just south of Stephenson's Depot. Phase,Nine. i US Surrender at Stephenson's Depot(15 June): Near dawn, Johnson's skirmishers encountered the head of Milroy's retreating column near the intersection of the Valley Pike and old Charles Town road. Milroy faced his column to the right on the pike and prepared to fight his way out of a "murderous trap." Johnson deployed his regiments along Milburn Road as they came up and advanced to the railroad and placed two guns on either • 72 CIVIL WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA 1• • 91 side of the Charles Town Road railroad bridge. The rest of the artillery was deployed on the heights east of Milburn Road. As it grew light, US forces made several desperate but uncoordinated attacks against the bridge and railroad' embankment. The Confederates were being steadily reinforced and repulsed each attempt. The Stonewall brigade now came up in line of battle north of the road and advanced to cut the Valley Pike. This was the final blow;,Union regiments hoisted the white flag. Between 2,500 and 3,000 surrendered. Milroy and his staff, and other small units escaped to the west. (Note: US casualty figures for Second Winchester vary widely. This is explained by the fact that about two thousand Union soldiers not belonging to Milroy's command were in field hospitals in the city and were often added to the number of captured and missing. Milroy, of course, played down his losses.) CURRENT CONDITION OF THE BATTLEFIELD Contrary to popular perception, Second Winchester is not a "lost" battlefield. Because of the wide-ranging Confederate maneuvers involved, the battlefield covers a great deal of ground, but the major fighting and casualties occurred at five locations: Pritchard's Hill; the intersection of Millwood and Front Royal pikes (interchange 82 of I- 81); Abrams Creek and Bower's Hill; Apple Pie Ridge and West Fort; and Stephenson's Depot. Three of these locations retain high levels of integrity: Pritchard's Hill, Apple Pie Ridge and West Fort, and Stephenson's Depot. The parcel of ground at Pritchard's Hill figured promi- nently in both battles of Kernstown and in the rear guard actions of Opequon. The parcel of ground at Stephenson's Depot figured in cavalry actions during the battle of Opequon and in the engagement of Rutherford's Farm (20 July 1864). Although the field over which the Louisiana Brigade attacked West Fort has been divided by the rte. 37 bypass, the terrain is still intact and adds to the interpretation of the battle. Central to understanding the Union ring of fortifica- tions at Winchester are Fort Milroy, Star Fort, and West Fort. Of these, Star Fort is well preserved, while remnants survive of Fort Milroy and West Fort. Portions of related entrenchments survive on ridges north and west of Winchester, although the extent of survivals has not been measured. The view from Star Fort is essential for understanding the US position at Second Winchester. Access to Fort Milroy and creation of a viewshed among trees would enhance the ability to interpret the Union situation. The routes of CS flanking maneuvers (Early to the west and Johnson to the east) can be followed. Early's route traverses well preserved rural tracts north from Cedar Creek Grade along Apple Pie Ridge. The exact route can only be followed on foot across private property. Johnson's route crosses a portion of the Opequon battlefield and follows rural roads past Jordan Spring to the intersection of rtes. 761 and 11 near Stephenson. Much of this course is through scenic farmland, although the density of housing along segments of these roads is increasing. Driving this route offers an appreciation of CS strategy and of the final action at Stephenson's Depot. Many historic structures associated with the battle remain in and around the city of Winchester, including Taylor's Hotel which served as the US headquarters, and Cloverdale and Walnut Grove, which were passed by Early's flank march. PERCEPTION OF THREATS TO BATTLEFIELD The city of Winchester has grown up around the US defensive position, which was anchored by West Fort, Star Fort, Fort Milroy, and connecting entrenchments. In most cases, however, the ridge crests have been the last to develop as residential tracts have filled the valleys. As a result, Star Fort is well preserved; portions of Fort Milroy remain; and traces of West Fort can be located. Recently, housing has been built along West Fort Ridge ("Louisiana Heights") destroying or otherwise segmenting surviving earthworks. The northern portion of Fort Milroy was recently purchased for the purpose of development; the southern portion is owned by National Fruit Products. Seven acres of Star Fort are owned by a local preservation group, but the surrounding 50 acres are zoned commer- cial/business and are currently for sale; portions of earthworks at Star Fort are in need of stabilization; grounds would need to be cleared, planted with grass, and maintained to expand visitation and interpretation. Commercial and industrial development along rte. 522 intrudes somewhat on the viewshed. Of the five main engagement areas, Bower's Hill is a housing subdivision and site of a high school, elementary school, and water tower. A degraded portion of the field (also fought over during First Winchester) remains along railroad tracks west of US 11, but this land is scheduled for high density residential development. Johnson's position 73 CIVIL WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA on June 13-14 at the intersection of Front Royal and Millwood pikes lies beneath I-81 interchange #82. Land contours have been extensively altered and viewsheds blocked by dense commercial/industrial development in the vicinity. These two segments for most interpretive activities have been lost. Pritchard's Hill is privately owned and remains in a relatively pristine state. The land between Pritchard's Hill and Bower's Hill has already been densely developed for residential and commercial purposes. The Apple Pie Ridge -West Fort parcel across which the Louisiana brigade attacked West Fort is bisected by rte. 37-bypass but is visually well preserved, maintained as pasture and apple orchards. Two historic stone houses survive adjacent to the highway, which runs through a ravine and is not particularly intrusive to the view from Apple Pie Ridge. An excellent vantage point for understanding this phase exists just south of the intersection of rtes. 522 and 679. The area south of Stephenson's Depot, site of the massive US surrender, is by far the best preserved parcel of Second Winchester. Except for power lines and towers, the land retains its Civil War appearance. This parcel covers much of the ground where the battle culminated, where the most desperate fighting occurred, and where nearly 3,000 Union soldiers surrendered; its significance should not be underestimated. The parcel is owned by a local developer, but is not currently serviced by sewage lines. IDENTIFIED SITES AND FEATURES ASSOCIATED WITH THE BATTLEFIELD (UNSURVBYED*) Abrams Creek Milburn Road Abrams Delight Milltown Apple Pie Ridge National Cemetery Battery Hill Northwestern Pike Battery Heights Old Charles Town Road Berryville Pike Old Town Winchester Bower's Hill Parkin's Mill Camp Hill Pritchard's Hill Cedar Creek Grade Star Fort Cloverdale* Stephenson's Depot Collier Redoubt Stine's Chapel (site of) Entrenchments Stone Houses Fort Milroy Stonewall Cemetery Front Royal Pike Taylor's Hotel Jonathan Smith House Tidball's Spring Jordan Springs Tollgate (site of) Keckley Mills Valley Pike Kernstown West Fort Louisiana Heights Walnut Grove* Middle Road Willow Lawn* Milburn Cemetery Winchester & Potomac Railroad 0 E-1 74 /* -N tz X ZY b City of inchester ^'` ' {t F �' €. f J �yy,,�� ) ( �.. �.�'4/ �` � +tom. Y O �t J N I A, 'N Rataind btwity SU* Am bwadwy cam An* 93wadwy stq� dw Rhea 0 C"wV or Cy, MAP 25: SECOND WINCHESTER INTEGRITY ® 1991 (Numbers keyed to baule phases).. CIVIL WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA 0 • 9- OPEOU N OR THIRD WINCHESTER (19 SmEMBER 1864) County: Frederick, VA and City of Winchester General Location: Area east of Winchester from I-81 along Berryville Pike (VA 7) to Opequon Creek. Also combat north of Red Bud Run W to US11. Stephenson's Depot. Star Fort. Collier Redoubt. Size of Study/Core Areas: 11,670/4,914 acres GIS Integrity of Study/Core Areas: 54/47 percent; Fair/ Poor Field Assessment of Study Area Integrity: Poor USGS Quadrants: Winchester, Stephenson Campaign: Sheridan's Valley Campaign Principal Commanders: [c] Lt. Gen. Jubal Early; [u] Maj Gen. Philip Sheridan. Forces Engaged: [c] Four divisions (Gordon, Rodes, Ramseur, Breckinridge/Wharton), two cavalry divisions (Fitz Lee, Lomax), about 15,200; [u] Three infantry corps (Wright, Emory, Crook), cavalry corps (Torbert), about 39,236. Casualties: [c] 3,611 (226k/1,567w/1,818m&c); [u] 5,018 (697k/3,983w/338m). Significance: Opequon or Third Winchester (fought 19 September 1864) was the largest and most desperately contested battle of the Civil War in the Shenandoah Valley, resulting in more than 9,000 casualties. The battle was a turning point of the war in the Valley, marking the rise of Sheridan and the decline of Confederate power. Sheridan defeated the Confederate army again three days later at Fisher's Hill (22 September), forcing it to retreat up the Valley to near Waynesboro. The CS army of Lt. Gen. Juba] A. Early suffered about 23 percent casualties. Casualties for the larger Union army under Maj. Gen. Philip Sheridan exceeded 5,000, nearly 20 percent. The Union XIX Corps sustained 40 percent casualties (2,074 men) and lost every regimental commander during its assaults on the Middle Field and Second Woods. The most severe fighting and casualties occurred in the large parcel east of I-81, north of rte. 7, west of rte. 656, and south of rte. 661. The Middle Field ranks with some of the most sanguinary fields of the Civil War, witnessing more than 3,000 casualties. CS general Robert E. Rodes and US general D. A. Russell were both killed within a few hundred yards of the Dinkle Barn site at the entrance to Winchester Mall. DESCRIPTION OF THE BATTLE Phase One. US Advance (19 September): Maj. Gen. Philip Sheridan's army advanced from the vicinity of Berryville on the Winchester -Berryville Pike about 0200 hours, 19 September 1864. At earliest light, Brig. Gen. James Wilson's cavalry division crossed the Opequon at Spout Spring and advanced through a defile known as Berryville Canyon, followed by the US infantry (VI Corps, XIX Corps, and Crook's corps). At the canyon's mouth the cavalry met the first elements of Maj. Gen. Stephen Ramseur's CS division and drove them back on their supports. Johnston's brigade deployed across the pike and held back the Union advance, while the rest of the division came into line to cover the Berryville Pike and Senseny Road farther to the south. The US cavalry launched several mounted and dismounted charges, driving the CS infantry back about 150 yards to the vicinity of the Dinkle Barn. Here Ramseur stiffened his defense with artillery, and the US cavalry withdrew as its infantry began to deploy. Wilson's division moved to cover the US left flank where it remained for the rest of the battle. Phase Two. Cavalry Action: About 0200 hours Brig. Gen. Wesley Merritt's cavalry division of three brigades (Custer, Devin, Lowell) advanced toward Seiver's and Locke's fords from the vicinity of Berryville. Their crossings were resisted by Brig. Gen. John McCausland's cavalry brigade dismounted behind barricades. The Reserve brigade (Lowell) pushed across at Seiver's Ford against fitful opposition. Custer's brigade met heavier resistance at Locke's Ford and made several mounted charges before securing a foothold on the western bank. By 0800 hours both wings were across the creek, but the cavalry did not advance for several hours. About 1030 hours, McCausland's skirmishers withdrew, and Merritt's division moved cautiously forward. Waiting for them was 93 CIVIL WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA Wharton's infantry division about a mile west of the fords, deployed across the roads in woods and behind stone fences. About 1100 hours, the US cavalry began testing the CS defenses with skirmishers and artillery. Custer launched one mounted attack but was quickly repulsed. About noon, Sheridan's main infantry attack was under- way, and Wharton's division withdrew to cover the CS left flank on the Valley Pike north of Winchester. Merritt continued forward along Charles Town Road. Custer followed the line of the Winchester & Potomac Railroad. About 1400 hours Merritt's division converged with Averell's cavalry division on the Valley Pike near Stephenson's Depot. (See phase seven.) Phase Three. Deployment of US Infantry: In the mean- time, the Union infantry bogged down in the narrow confines of Berryville Canyon, dashing Sheridan's hopes of quickly taking Winchester and defeating the CS army in detail. Maj. Gen. Horatio Wright's VI Corps of three divisions (Getty, Ricketts, Russell) emerged from the canyon in order. Getty's division deployed south of the pike with its left flank resting on Abrams Creek. Ricketts' division formed north of the pike on Getty's right and extending to Redbud Run. Russell's division was held in reserve. The XIX Corps of two divisions (Dwight and Grover) did not begin crossing until after 0900 hours and eventually deployed north of the pike into the First Woods, connecting with Ricketts' right. Sheridan established his headquarters near the Berryville Pike, probably south of the road on the Eversole Farm. As the US infantry deployed, the CS batteries opened a furious fire from behind the Dinkle Barn. Union batteries swung into action on both sides of the pike to engage the CS guns. In the meantime, Lt. Gen. Jubal Early concentrated his scattered divisions. Rodes' division, marching from near Stephenson's Depot, deployed to the left and rear of Ramseur's division in the West Woods. Gordon's division extended the line across the Hackwood Farm to Redbud Run. Wharton's infantry and Fitz Lee's cavalry division drew a line across the Valley Pike north of town near Stephenson's Depot. CS batteries deployed on high ground along Baker Lane north and south of the West Woods, and north of Redbud Run. Skirmishing contin- tied along Ramseur's front. Phase Four. Fighting in Middle Field: At 1140 hours, a US signal gun boomed and Grover's division of four brigades (Birge, Molineux, Sharpe, and Shunk) launched its attack from the First Woods across Middle Field toward the Second Woods behind which Gordon's division waited. CS horse artillery north of Redbud Run played havoc with the flanks of Grover's attacking line. Birge's brigade reached the woods, driving back skirmish- ers, but then came 'up against Gordon's main line and were staggered. Sharpe's brigade came up on Birge's left, and the fighting became desperate. The Confederate line broke, falling back across the Hackwood property. Seven CS cannon in the Hackwood Lane fired canister pointblank into the US attackers, throwing them back. Gordon now launched a counterattack with two brigades, driving Birge and Sharpe out of the Second Woods and back across Middle Field. Grover ordered Molineux to advance and plug the gap that had opened between Birge and Sharpe. The firing was so intense that Molineux's flanks seemed to "melt away." Shunk's brigade was thrown forward to bolster the wavering Union line, coming in on Molineux's right rear. Shunk closed to within sixty yards of the CS line in the Second Woods. The two lines delivered pointblank volleys into each others' ranks. Gordon again counterattacked, and the Union attack collapsed. The wreckage of Grover's' division went streaming back across the Middle Field to the safety of the First Woods. The CS horse battery (Breathed) north of Redbud Run again worked execution among the retreating division. Every regimental com- mander in Grover's division was killed or wounded; casualties totaled nearly 1,500..-Beal's brigade of Dwight's division deployed in the treeline at the east end of the Middle Field and advanced into "that basin of Hell" to stem the retreat. Gordon's men waiting along the treeline of the Second Woods laid down a murderous fire. The Union brigade did not reach within 200 yards of the Second Woods before being pinned down. They ex-, pended all of their ammunition before retreating back to the First Woods. The 114th New York suffered casualties of 60 percent (188 of 350 effectives). McMillan's brigade, personally directed by Corps commander Maj. Gen. William Emory, advanced. They reached a shallow ravine about 200 yards from the Second Woods, where two regiments (8VT and 12CT) clung on for nearly two hours. By 1300 hours, the main thrust of the XIX Corps attack was blunted and its ranks decimated. By 1400 hours, firing on this end of the field sputtered out from sheer exhaustion. :• • 0 l► 94 r CIVIL WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA a • • Phase Five. Fighting Near Dinkle Barn: At 1140 in conjunction with the XIX Corps' advance on the right, Getty's and Ricketts's divisions of the VI Corps launched their attack against Ramseur's line, which was positioned on high ground, stretching from the Dinkle Barn south behind Abrams Creek Ricketts' division on the right was ordered to guide its attack on the Berryville Pike, which takes a sharp jog to the left in front of the Dinkle Barn. As they advanced, a gap widened between the VI Corps and the XIX Corps on the far right. Keifer's and Emerson's brigades ruptured the Confederate center at the Dinkle Barn and moved to capture.a battery of artillery in front of the West Woods. Ramseur's left flank now gave way and Confederates began to drift back toward Winchester. Phase Six. Rodes's Counterattack: Just as Ramseur's left flank gave way from the Union attacks, Maj. Gen. Robert E. Rodes brought his division forward from its protected position in the West Woods. About 1330 he launched a devastating counterattack into the gap that had opened between the VI and XIX Corps. Battle's Alabama brigade "came out of the woods like a whirlwind," crushing Ricketts's division, which formed the right flank of the VI Corps. About this time, General Rodes was killed by shrapnel. He fell somewhere along the woods line. Union soldiers streamed back along the Berryville Pike, while two US batteries astride the pike tried to slow the CS assault. From his command post on Eversole's Hill, Sheridan and Wright witnessed the disaster. Sheridan immediately committed his reserves to stave off certain defeat; this was David A. Russell's division of three brigades (Campbell, Upton, and Edwards). Campbell advanced his brigade astride the Berryville Pike with Edwards' brigade to his right. General Russell, directing these maneuvers, was mortally wounded. The two brigades struck Battle's attackers head-on and stalled them in the ravine from which they had emerged and drove them back on their supports at the edge of the West Woods —the rest of Rodes' division. Upton's brigade came in on Edwards' right advancing from the edge of the Second Woods. The two divisions—Rodes' and Russell's —closed, exchanging murderous volleys. Upton's impetuous charge stopped the CS counterattack and drove it back into the West Woods. Russell's division was then withdrawn out of range to regroup. Wright called Upton's attack the turning point of the battle. Phase Seven. Cavalry Action: Concurrent with the above events, there was cavalry fighting along the Valley Pike north of Winchester. About 0500 hrs. the Union cavalry division of William Averell crossed the Opequon near Darkesville and moved to the Valley Pike, steadily pushing back the 23rd Virginia Cavalry, which fought a delaying action back to Bunker Hill. There the 23VA were rein- forced by the 62nd Virginia mounted infantry. About 10 o'clock, Union cavalry attacked at Bunker Hill, forcing the CS cavalry to retire. Averell continued pushing south on the pike to link up with Merritt's division about 1400 hours, near Stephenson's Depot. South of the old Charles Town road, the Confederate cavalry units were stiffened by Smith's infantry brigade (Wharton's Division). About 1330, Devin's brigade arrived on the road to the depot. About one mile south of the depot, it encountered McCausland's brigade drawn up in line of battle and attacked, driving the Confederates back in confusion. The 23VA cavalry and the 62VA. mounted infantry attacked the Union flank disrupting the charge. McCausland and Smith retired one mile to the lightly entrenched line at near Collier Redoubt where they were reinforced by Fitz Lee's two brigades (Wickham and Payne) and Wharton's infantry division. Maj. Gen. Fitzhugh Lee fell wounded, during the fighting south of Stephenson's Depot. The Union cavalry deployed five brigades in line of battle, stretching from the railroad west toward the ridge near the intersection of the Valley Pike and Welltown Road: Phase Eight. Crook' ,Al nkAttack About 1300 hours, Sheridan directed CrooVs corps of two divisions (Thoburn and Duval) to advance from its reserve position near Spout Spring. The divisions marched to near the "Factory" on Redbud Run, where they split up. Thoburn's division moved west on the south bank of Redbud into the First Woods to relieve the XIX Corps. Duval's division crossed the run and turned west accom- panied by the artillery of Capt. Henry DuPont. Duval's division deployed near the Huntsberry House. DuPont unlimbered 18 guns on what has been named DuPont Hill, opposite Gordon's flank in the Second Woods and opened fire. Crook now ordered Duval's division forward into a "wall of flame." They swept across Redbud Run at the Hackwood House, turning Gordon's flank and advancing against Wharton's line, stretching from Collier Redoubt east. About this time, Thoburn's division 95 CML WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA charged out of the First Woods into the Middle Field. This two -pronged assault forced Gordon to abandon the Second Woods and align himself with Breckinridge to his left rear. The CS line was now drawn into a compact L- shape, anchored by cavalry at Star Fort. Wharton's division faced north. Gordon's division made the turn of the L and Rodes' and Ramseur's divisions extended the line south to Abrams Creek. Phase Nine. Collapse of CS Line: With the success of CrooVs attack on the right, Sheridan ordered a general advance against the constricted CS position on the plateau just north and east of the town. The Confederates were posted behind stone fences, rail barricades, and in shallow earthworks constructed in 1862. They could retreat no farther without losing organization in the streets of Winchester. As the Union advance closed from east and north, firing.became fierce and desperate. The massed artillery of both sides fired case shot and canister. General Sheridan rode forward to the battle lines to urge his troops forward. About 1530 hours, as the infantry fighting reached a crescendo, Averell and Merritt advanced their cavalry divisions astride the Valley Pike, first at a walk and then at a thundering gallop. They swept over the CS line at Collier Redoubt driving back the CS cavalry on the low ground below Star Fort. Schoonmaker's brigade of Averell's division repeatedly attacked Munford's cavalry at Star Fort, eyentually overrunning the work The CS infantry withdrew to another line about 150 yards to the rear but the damage was done. The sound of Union cavalry pounding in their rear spread panic all along the Confederate line, and soldiers began streaming to the rear and "whirling through Winchester." Wharton's and Gordon's divisions seemed to disintegrate. Seven Federal horseman captured Confederate battle flags, each earning a Medal of Honor. Rodes's division (commanded now by Grimes) performed the difficult maneuver of "changing front" to the north to stop the onrushing US cavalry. Early's army retreated in disorder. Phase Ten. Rear Guard Actions: General Early fashioned a defensive line at Kernstown (probably at Pritchard's Hill and behind Hoge's Run) which saved his wagons and most of his artillery. Cavalry and elements of the VI Corps probed this makeshift CS defense as night fell, but the US forces were too disorganized by success to mount an effective pursuit. After dark, the CS army withdrew up the Valley Pike to Fisher's Hill south of Strasburg. Gen. Sheridan established his headquarters in Winchester at the home of Lloyd Logan. Casualties were so severe that. nearly every sizeable structure in Winchester served as a hospital after the battle. CURRENT CONDITION OF THE BATTLEFIELD The Opequon battlefield is large and sprawling, covering thousands of acres east and north of Winches- ter. In general, much of the battlefield has been greatly degraded or destroyed by the expanding urban environs of Winchester, but several significant parcels currently remain, perhaps 800-900 acres: these include the Cavalry Field north of Collier Redoubt, the Hackwood Estate, northern half of Middle Field and First Woods adjacent to Redbud Run, and the heights (including DuPont's Hill) north of Redbud Run. Together, these parcels form a block of battlefield core that retains a high degree of integrity. Many historic structures remain in the vicinity, including Hackwood; Spout Spring (Wood House) on rte. 7 adjacent to a sewage treatment plant; an old house, mill site, and a dye house where rte. 656 crosses Redbud Run; an old log house where rte. 659 crosses Redbud Run; Brumley House; Valley Mill Farm; Jordan Springs; Tanquary House; and others. The Hackwood Estate dates from 1777 and is a historic treasure in its own right. Preservation of this house and parcel alone would allow substantial interpretation of the battle of Opequon. Other parcels, such as the Opequon Crossing and Spout Spring, Seiver's and Locke's fords, and the Second Winchester parcel at Stephenson's Depot (which was scene of cavalry actions during this battle) would expand interpretation. Star Fort and Collier Redoubt appear protected, although without sufficient buffers. Although. hemmed in by development and severely degraded, the Dinkle Barn site adjacent to the I-81 entrance ramp off rte. 7 is key to understanding the attack of the VI Corps and Rodes' counterattack. A portion of the ravine down which Rodes attacked is intact northeast of I-81 interchange in front of the Dinkle Barn site at the entrance of Winchester Mall. The battery heights west of I-81 are being developed for business, industrial, and residential uses. The last surviving parcel of West Woods (adjacent to I-81) is currently being bulldozed for townhouses. is • • 96 CIVIL WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA 0- 0 • The Hastings marker is the only monument erected on the battlefield that remains. It is enclosed by an iron fence and sits next to the road in the midst of Fort Collier Business/Industrial Park east of Collier Redoubt. Nearby are the remains of old stone fences and an old farm lane defended by CS troops in the battle's later phases. PERCEPTION OF THREATS TO BATTLEFIELD Threats are immediate and of large order. If contin- ued as planned, the residential development of Caleb Heights and associated development would destroy the last remaining intact parcels of the infantry fighting at the battle of Opequon. According to county -approved plans, construction would occupy most of the area south of Redbud Run with more than 600 single family homes, townhouses, and a commercial strip. A connector road would be pushed through from the north, separating Hackwood and DuPont's Hill. As of this writing, con- struction has not begun and has been held up by financial transactions. The Hackwood House and property (144 acres) was recently offered for auction but the sale was postponed. This property could potentially be subdivided. Regency Lakes subdivision was built several years ago on southern portions of Middle Field and First Woods. Further phases of housing development, if constructed, would cover the last portion of Second Woods, "Rodes' Ravine," and another segment of the First Woods. Star Fort itself is owned by a Civil War reenactment group but the sur- rounding 50-acres is for sale and zoned commercial/ industrial. The Shenandoah Valley Civil War Foundation, a local preservation group, has negotiated to preserve a small portion of the Second Woods area as a park if develop- ment proceeds. The developer, Top of Virginia Corpora- tion, has agreed to set aside 63 acres in the area adjacent to Hackwood as a commemorative park. A forty -acre parcel of Middle Field next to Redbud Run is privately owned; the owner has stated in the past that he will not develop it. IDENTIFIED SITES AND FEATURES ASSOCIATED WITH THE BATTLEFIELD (UNSURVEYED*) Baker House (site of) Milburn Cemetery Berryville Canyon Middle Field Berryville Pike Morgan's Mill (ruin) Brumley House National Cemetery Burnt Factory Farm Old Town Winchester C. Wood's Mill (site of*) Opequon Crossing Carter House Ravine up which Rodes attacked Cleridge Farm Red Bud Mill (site of) (Opequon Inn) Rutherford House (site of) Collier Redoubt Second Woods Dinkle Barn (site of) Seiver's Ford DuPont's Hill Spout Spring (Wood House) Eversole House (site of) Star Fort First Woods Stephenson's Depot (site of) Greenwood Church Stonewall Cemetery Hackwood Tanquery's Ford Hackwood Lane Thomas McCann House Hasting's Monument Valley Mill Farm Hoffmann House (site of*) Valley Pike Huntsberry House (site of) West Woods I. Wood House Wood's Mill (site of*) Jordan Springs Wright's Ford Locke's Ford 97 Ex, U.S. 1 11 .... . ....... 4F % R., AW *RN "N ER: . .......... V R pplipill N M.111, M ..... . . . . . ..... 4M % $1 Ji z -q!m M —M iL it .. .......... I't RM!, 7 1 z C i ty of W inchester f .......... . x Hl 40 s. . .. ..... . ....... . . . . . . . . . . . ...; . . .. ... IFFederick Co f Clarke c ............. Retained Integrity Lost Ini4grity Study Area Boundary e Core Area Boundary 2, Roads I'L I Mi Streams and Rivers mfts County or City Boundary MAP 35: OPEQUON INTEGRITY - 1991 (Numbers keyed to battle phases) VIRGINIA DIVISION OF HISTORIC LANDMARKS HISTORIC DISTRICT/BRIEF SURVEY FORM File no. 34-112 Negative no(s). 10082 ,10083 City/Town/ Village/ Hamlet -_ Kurai County County r reaericK Street address or route number off of Rt . 662 U.S.G.S. Quad Stephenson Historic name Stottlemeyer House Common name Carter -Hardesty House Present use abandoned (burned) Building Style Vernacular Greek revival Oriminal use rp--i d-nri al Building Date(s) c 1,940-1 860 1. Construction Materials ❑ wood frame rick bond: ❑ English ❑ Fjemish 5 5 -course American ❑ stretcher ❑ other ❑ stone ❑ random rubble ❑ coursed rubble ❑ ashlar ❑ dressed ❑ rock -faced ❑ log: ❑ squared notching: ❑ V-notch ❑ saddle ❑ square ❑ concrete block ❑ terra cotta ❑ steel frame ❑ other 2. Cladding Material ❑ weatherboard ❑ vertical siding ❑ board & batten ❑ shingle: ❑ wood ❑ asbestos ❑ asphalt ❑ bricktex ❑ other ❑ unsquared ❑ half dovetail ❑ full dovetail ❑ diamond ❑ composition siding ❑ stucco ❑ aluminum or vinyl siding ❑ cast iron ❑ sheet metal ❑ enameled metal ❑ glass 3. Stories (number) 2 ❑ low basement raised basement 4. Bays (number): front S side (church) symmetrical ❑ asymmetrical 5. Roof Type ❑ shed ❑ hipped -parapet? ❑ pyramidal? G gable ❑ mansard ❑ pediment? ❑ false mansard ❑ parapet? ❑ gambrel ❑ clipped end? ❑ flat ❑ cross gable? ❑ parapet'? ❑ central front gable? ❑ roof not visible ❑ other 6. Roofing Material ❑ shingle ❑ composition (asphalt, asbestos, etc.) P wood 2 metal Ttanding m seaorrugated ❑ pressed tin (simulated shingles) ❑ the ❑ pantile ❑ flat ❑ glazed ❑ slate ❑ not visible 7. Dormers (number): front side ❑ gable ❑ pediment? ❑ shed ❑ hipped 8- Prima'YFR acular style stories levels full height bays 3 materials wood description and decorative details chamfered columns decorative brackets: porch sits on stone piers 9. General supplementary description and decoration: 6/6 windows; wooden lintels w/corner blocks over winodws; 6-light' basement windows;2 interior end brick chimneys; 2,4-1 10. Major additions and alterations - Greek Revival door surroom Had a rear 2-story frame fluted trim and corner bock ell; part of the house 5-light sidelights,4-light) ' `. ',JULUUUU111&'' ),destroying -the rear ell and creating a Many outbldgs.----- ,large hole in the roof of t including a frame garage, front.nortion of the house - 12. Landscape Features- large frame bank barn w/ silo, 20t Mature trees, house century concrete tank for sprayi sits back off of roa brick springhouse (partially n 13. Significance: Fine example of the Vernacular uyreek Rev, Style of Antebellum Frederick County. House is vacant{ as it has not been fixed since it burned. Someone li behind the house in a trailer. Surveyed by: M. Kalbian Date: 1/90 VIRGINIA ' IN HISTORIC LANDMARKS COMMISSION SURVEY FORM F34-112_j 1. County Frederick Tow►r Winchester Street No. E. of Rt. 662, N. Of Rt. 661. USGS Quad Name Stephenson Quad Date 1966 Original Owner John Carter Original Use Home Present O`x�ner Herr. y L. McCann Present Owner Address_ Jerrerson St. Winchester, Va, Present Use File Number 2. Historic Name ------- Present Name Carter —Hardesty House Date or Period (exact or estimate) ea. 1810 Architect ---- Builder, craftsman, etc. --- Source of Name Quarles, Old Homes Source of Date Gue s s 3. No. stories (dormers count as %2 story): 2 Wall construction Brick Acreage Home Unknown 4. Historical Significance (Chain of Title, Families and Events, etc., connected with the property) See Quarles, Some Old Homes inFred Co , Va. 5. Architectural Significance (Note interesting. interior and exterior details, etc. cite significant alterations and additions) I believe 1810 is a fairy accurate date. The W. Laing of the building is a Victorian addition, as all of the windows have been Victorianized. I did not gain entry into the house. 6. Physical Condition Excellent Good X Fair Poor Structure A Grounds - -- Neighborhood — -- ----- 7. State potential threats to preservation of structure None (over) r, HISTORIC no(s). DIVISION Or ISTORIC LANDMARKS � N-gative = o -�4 -- gyp? SURVEY FORM Historic name Helm House, Bellevue, Fort Common name e m- c ann roper y- County/Town/City Rural Fred. Co. Helm. Street address or route number R t. 662 USGS Quad Stephenson l� t • er;nrlmid-late 18th C. ,mid 19th C. , late 1 Original owner Col. Meredith' Helm Original use residential Present owner James K. McCann Present owner address Jefferson Ave. Winchester,Va. Present use ruins Acreage unknown aeo► p Architect/ builder/craftsmen unknown Source of name Quarles Source of date Stories 2 Foundation and wall const'n part of the house was log, part was stone and part was frame. Roof type cfable State condition of structure and environs The .house is no longer standing. The area is in very poor condition due to leci `_hate potential threats to structure Neglect/development . Note any archaeological interest In 1809 it was referred to as Fort Helm. Is included in the Stephenson's Deppt Battlefield. Should be investigated for possible register potential? yes O noK1 Architectural description (Note significant features of plan, structural system and interior and exterior decoration, taking care to point out aspects not visible or clear from photographs. Explain nature and period of all alterations and additions. List any outbuildings and their approximate ages, cemeteries, etc.) All that remains now of the Helm -McCann house is a stone springhouse. There are ruins! of the house, which burned in 1958, and the brick meathouse is alsmost completely collapsed. There are some stone ruins (foundation) of the bank barn as well. Across the road is what is left of Milburn Chapel cemetery. The old Milburn chapel, an 18th century Methodist church, was abandoned and torn down many years age. All that remains is a cemetery surrounded by a stone wall. Many of the local citizens are buiried in this cemetery including Col. Meredith Helm. I was able to find 2 historic photographs of the house; one taken in the 1890s and one in the late 1930s. The photos do not indicate from what view they wer taken,lbut the 1930s view appears to be a southern one because of the faint ou line of the stone springhouse which is present in the lower left hand corner.. It appears that the house was partially log, stone and frame. The house's final configuration was an I houv.e with a rear 2 story wing. The stone spring - house probably dates -to the original house (c.1752) and is in fairly reasonabl -condition. Interior inspected? Historical significance (Chain of title; individuals, families, events, etc., associated with the property.) From Quarles and others: 1752 Lord Fairfax to Col. Meredith Helm (died in 1804) 1809 appears on Charles Varle Map as "Fort Helm" 1872 ', to James McCann 1958 destroyed by fire It DIVISION OF HISTORIC .LANDMARKS .R SURVEY FORM Negative nos . 10083 34--7z 9 Historic name The Milburn House Common name Thomas McCann House County/Town/City Rural Frederick County Street address or route number off of RE, 662 USGS Quad Stephenson Date or period cA42, c.1890-1910 John Milburn Original owner Architect/ builder/cr tsmen Original use residential unknown Present owner Thomas McCann Source of name Quarles Present owner aclaress Rt. 8 Box 491 Source of date owner, architectural evidence Stories Present use Winchester, VA 22601 Foundation and2wall const'n Stone Acreage residential unknown Roof type gable-w/standing seam metal. State condition of structure and environs The house and outbuildings are in fair condition. State potential threats to structure Unknown Note any archaeological interest Unknown Should be investigated for possible register potential? yes El no CC Architectural description (Note significant features of plan, structural system and interior and exterior decoration, taking care to point out aspects not visible or clear from photographs. Explain nature and period of all alterations and additions. List any outbuildings and their approximate ages, cemeteries, etc.) According to Quarles, this house was built around 1744-1760. Architecturally I was not able t, verify this date. My findings lead me to believe that the house was built in the mid- 19th Cen TINe size of the windows, the type of chimneys, the window and door trim, as well as the config. uration of the house all seem to date from this period. Mr. Thomas McCann, now 92, has lived this house his whole life. He says the house was built in 1842. A rear 2 story frame wing was added in c.1880-1910. The front stone portion is laid in a random rubble pattern with corner quoins. It is 2 stories, sits on a split-level basement, is 4 bays wide and assymetrical. It has a gable roof with standing seam metal roofing and 2'interior end brick chimneys. The wind( are 2/2 and the front door has a transom light (unable to see number of lights). The door surrc is a flat architrave trim with bull's eye corner blocks. A 2-bay 1 story porch with square dor: columns as supports is centered on the front (north) facade of the house. The east gable end a blind one with no openings. On the other hand; the west gable end is pierced by windows on levels; 2, 4-light square attic windows; 6/6 windows on the first and seconds stories; and 3-L windows in the basement. The rear 2 story frame wing was added in the late 19th-early 20th cel tury . It has german lap siding, 6/6 windows, an interior end brick chimney, and a side 3-bay story porch. This property has many of its original outbuildings. They include a board and bai meathouse; a frame chicken coop; a frame shed; a frame barn. on stone foundation and a fine fray corn crib. The setting around the Thomas McCann house is exceptionally beautiful. It is local on top of a knoll off of Licic .Run. The house is architecturally significant in that it has had very few alterations since early this century. Also, it is significant because of its connection with the Milburns and McCanns, two very prominent families in the history of Frederick county. Interior inspected? Just the rear frame section. Historical significance (Chain of title; individuals, families, events, etc., associated with the property.) According to Quarles: 1735 Governor of Colony of Virginia to John Frost 1744 John Frost to John Milburn I 1761 83 acres to son John Milburn II ? acres to grandson. John Milburn III (son of Robert Milburn, John Milburn II built Milburn Chapel by 1786. It was one of in the Valley. 1813 to William Hickman Harris n.d to Jesse Wood 1854 to Thomas Brown 1856 to George Keen 1869 to Jonathen Keen 1888 to Elizabeth Mulvahill 1893 to James K. McCann 1918 to son, Charles R. McCann 1966 to son Thomas Kemp McCann brother of John Milburn II) the oldest Methodist churchE 0 71- -_-- tl: -- T�f I-P., L-101 PPOV I Z, O."L VIRGINIA File no. — 50 DIVISION OF HISTORIC LANDMARKS Ne alive nos . 10632 HISTORIC DISTRICT/BRIEF SURVEY FORM City! Town/ Village/ Hamlet Rural County County Frederick Street address or route number Rt . 622 U.S.G.S. Quad Stephenson Historic name Milburn Methodist Cha el Common name Milburn Chapel & Cemetery Present use Abandoned Building Style Vernacular Original use Church & Cemeter Building Date(s) ca .1788, ca .1887 , ca .1945 I. Construction Materials 3. Stories (number) ❑ low basement ❑ wood frame El brick 4. Bays (number): front bond: ❑ English I ❑symmetrical ❑ Flemish ❑ -course American ❑ stretcher ❑ other ❑ stone ❑ random rubble ❑ coursed rubble ❑ ashlar ❑ dressed ❑ rock -faced ❑ log: ❑ squared notching: ❑ V-notch ❑ saddle ❑ square ❑ concrete block ❑ terra cotta ❑ steel frame ❑ other 2. Cladding Material ❑ weatherboard ❑ vertical siding ❑ board & batten ❑ shingle: ❑ wood ❑ asbestos ❑ asphalt ❑ bricktex ❑ other ❑ unsquared ❑ half dovetail ❑ full dovetail ❑ diamond ❑ composition siding ❑ stucco ❑ aluminum or vinyl siding ❑ cast iron ❑ sheet metal ❑ enameled metal ❑ glass 5. Roof Type ❑ shed ❑ parapet'? ❑ gable ❑ pediment? ❑ parapet'? ❑ clipped end'? ❑ cross gable? ❑ central front gable? ❑ other 6. Roofing Material ❑ raised basement side (church) ❑ asymmetrical ❑ hipped ❑ pyramidal'? ❑ mansard ❑ false mansard ❑ gambrel ❑ flat ❑ parapet'? ❑ roof not visible ❑ shingle ❑ composition (asphalt, asbestos, etc.) ❑ wood ❑ metal ❑ standing seam ❑ corrugated ❑ pressed tin (simulated shingles) ❑ the ❑ pantile ❑ flat ❑ slate ❑ not visible 7. Dormers (number): front side ❑ gable ❑ pediment'? ❑ shed ❑ hipped 8. Primary Porch �r.,lo stories levels materials description and decorative details bays ❑ glazed 9. General supplementary description and decoration: It is believed that Milburn Chapei was built in 1788, malting it one of the earliest Methodist Chapels in Frederick Co. lt was dismanteled around 1887 & the logs w re sold 10. Major additions and alterations: to a Mr. Schreek t•ino used them to build a barn on his property (which no long— er stands). The :Honey :ras used to help build the re a acement church Manuel Meth. Church 34-940 in 11. Outbuildings: Stephenson. The cemetery still remains. Its stone wall was repaired by Mr. Paul Sternitzke, a German prisoner of war staying in Winchester durin the early winter of 1944. Some important families & 12. Landscape Features: figures are buried :sere incluaing the Helms (Amelia 1803, Meredith 1804). It is also presumed that John Milburn eras buried here. 13. Significance: Surveyed by: ,r-,11; nn Dace' 1 1 /90 Landmark awaits restoration preachers, held regular services at the newly constructed church on ne of Frederick County's oldest his property. Of the many notable Methodist landmarks— ` ministers who preached at Milburn Milburn Cemetery, Chapel, the most prominent was appears almost abandoned at its Francis Asbury, the first American quiet location beside a little- bishop of the Methodist church. ""— travdied gravel road near —John stow said- that- before Stephenson. construction was completed at Its most ardent visitors these Milburn Chapel, Asbury stood on a days are the groundhogs that have work bench and preached in 1788. burrowed deep under the silent It was more than 11 years later graves and the cattle that graze when Asbury returned to Milburn beside the vine covered, limestone Chapel. The reason for his visit wall that defines the graveyard. was to honor Milburn's retirement To one side of the cemetery is a from itinerant preaching. rocky mound —all that remains of Although Milburn died in 1813, the once historic Milburn Method- services were held at the chapel ist Chapel. until it was severely damaged by According to "Milburn Method- Civil War battles fought in the ist Chapel in Frederick County, area. Virginia," by area historian Wilbur Sometime between 1882 and S. Johnston, the log church and its 1884, Milburn's congregation met cemetery were established around to decide whether to repair the old 1788 by John Milburn. chapel or rebuild at a new location. Johnson said that Milburn Church members opted for the Chapel is believed to have been the latter and in 1887 built Emmanuel first Methodist church to be built Methodist Episcopal Church South in Frederick County and was one (now the Emmanuel United Meth - of the oldest in the Northern odist Church) in Stephenson on Shenandoah Valley. U.S. 11. Its founder, who was a grandson At the time the congregation of the first Milburn to settle in the decided to relocate, the land Frederick County area, wasn't surrounding the chapel and cem- Methodist by birth. He was a etery was owned by James Kemp convert from Quakerism. McCann, who purchased the Milburn's grandparents, John property in 1872. and Elizabeth Milburn, moved to Johnston said that at about the the county between 1743 and 1747 time the new church was built, to settle on what is now Milburn McCann dismantled the old chapel Road (.Route 662), which was a and sold the logs to a farmer, who primary road in the late 1700s and used them to build a barn near the the early 1800s. site of the former The Milburns Jordan Springs Hotel were members of the (By 1920) on Route 664. The Hopewell Quaker barn is no longer even the standing. Meeting near Clearbrook. McCann gave the paths and proceeds from the In 1779, the younger Milburn sale of the logs to the lanes was dismissed from new church. the meeting because became' There's no indica- he married his first- tion that Milburn cousin, Elizabeth. occupied was buried in the According to cemetery, but Johnston's book, the and the Johnston said it is marriage was considered "contrary opening reasonable to believe of that he was. to discipline." a new Eight years after grave "If his grave marker were stone, it Milburn was dis- Invariably is likely fallen and missed from the buried with subse- Quaker meeting, he struck quent plant growth became a traveling or, like many others, preacher and helped unmarked stolen," Johnston form the Milburn said in his book. Methodist Society in remains. Of the few remain - his community, —Arprt historian ing grave markers Johnston said Wilbur S. Johnston only two date earlier that Milburn be - came an ordained than Milburn's death —Ann Amelia minister in 1789 Photos b Magruder in 1803, and, along with Y and Meredith Helm other traveling Rick Foster See Graves, page E4 � i� Graves iuedwi '1 9 w »., pl in 1804. Helm's grave is marked by a full-length, horizontal sandstone slab on the ground. The stone's inscription says: "Sacred to the memory of Meredith Helm who departed this life October 12, 1804 in his 51st year of age." Johnston said that Helm is probably had the "most illustri- ous burial in Milburn Cemetery." Helm was a colonel in the Vir- ginia militia during the Revolu- tionary War. Helm's father, also Meredith Helm, was the sixth sheriff of Frederick County and one of Winchester's foundingfa- thers. Johnston said that burials continued at the small cemetery until about 1920, "when even the paths and lanes became oc- cupied and the opening of a new grave invariably struck un- marked remains." After burials ceased at the cemetery, the McCann family kept it weeded and mowed for many years. The last professional repairto the limestone wall around the cemetery was during World War II. The repairs were paid for by the McCanns, who hired several German prisoners of war from a prison camp in Winchester lo- cated near Virginia Avenue. Today, the site of the chapel is owned by the McCann family. Care of the cemetery —planned . 0 from page E3 for complete restoration —is pro- vided by the Emmanuel church. . Emmanuel's minister, the Rev. Mark Miller, said that the restoration of the cemetery has been slow and costly. "It's slow partly because of the economy and because the people at the church don't have an at- tachmentto the cemetery," Miller said. Early this year, the church's Boy Scout troop and youth group began clearing away brush and undergrowth from the cemetery. The church has also estab- lished a Milburn Cemetery fund and takes up a collection three or four times a year to help with the restoration. "Our objective is to raise enough money to eventually have the cemetery professionally cleared and maintained," Miller said.'"So far, we have about $100 in the fund." "We would also like to put a historical marker at the cem- etery,"Johnston said recently as he stood beside the cemetery wall. "This is such abeautiful spot." Anyone interested in making a tax-deductible donation to the Milburn Cemetery Fund can call 662-1269. Copies of Johnston's book can be purchased at the Winchester -Frederick County Historical Society office at 401 National Ave. in Winchester. 11. Outbuildings: Stephenson. Tile cemetery still remains. Its stone gall was repaired by Mr. Paul Sternitzlce, a German prisoner of war staying in Winc'riester durin, the early winter of 1944. Some important families & 12. Landscape Features; figures are buried n`re inclu the Helms (Amelia 1803, Meredith 1804). It is presumed that John Milburn eras buried here. 13. Significance: Surveyed by: Date: M:�ral q. Katbian 11/90 also Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 Auau'srT2, 2010 Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: CUP #05-10 AT&T Corp., Melissa Hall, Wesley Helsley and Bradley Pollack Property Identification Numbers 43-A-130, 43-A-132 Dear Evan: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on August 11, 2010. Conditional Use Permit 405-10 was approved to enable the construction of a 120 foot Monopole Telecommunication Tower. Conditions associated with the approval of this Conditional Use Permit include the following: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. Prior to site plan approval, properties must be consolidated. 5. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 6. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 7. Any expansion or modification of this use will require a new Conditional Use Permit. 8. Aircraft Warning Lights (AWL) shall be placed on the tower. 9. The tower shall be limited to two microwave dishes. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mar R. Cheran Zoning and Subdivision Administrator MRC/bad cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Stan Crockett, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official AT&T Corp., Property Tax Dept., I ATT Way Rm. 3B 220C, Bedminster, NJ 07921 Melissa Hall & Wesley Helsley, PO Box 1924, Winchester, VA 22604 Bradley Pollack, 148 N. Main St., Woodstock, VA 22664 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 00 CONDITIONAL USE PERMIT #05-10 c� AT&T CORP. Ww 1 MELISSA HALL AND WESLEY HELSLEY BRADLEY POLLACK Staff Report for the Board of Supervisors 13. Prepared: August 2, 2010 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 07/21/10 Board of Supervisors: 08/11/10 EXECUTIVE SUMMARY: Action Denied waiver to enable a lattice tower; monopole would be required Recommended approval of a monopole CUP Pending The applicant applied for Conditional Use Permit to enable the construction of a 120-foot Lattice Telecommunication Tower. In reviewing this application the Planning Commission felt that a monopole facility would be less visually obtrusive than a lattice type tower, and unanimously voted to deny the applicant's request for a waiver from the monopole requirement. By ordinance, the Planning Commission is empowered to approve or deny waiver requests regarding the type of telecommunication facility; therefore, no Board action is necessary regarding this waiver request. The Planning Commission forwarded a recommendation for approval of the Conditional Use Permit which would enable the construction of a 120-ft monopole telecommunication facility. Should the Board of Supervisors find this use appropriate, the Planning Commission recommends the following conditions be placed on the Conditional Use Permit: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. Prior to site plan approval, properties must be consolidated. 5. The tower shall be removed by the applicant or property owner within twelve (12) Page 2 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack August 2, 2010 months of abandonment of operation. 6. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 7. Any expansion or modification of this use will require a new Conditional Use Permit. 8. Aircraft Warning Lights (AWL) shall be placed on the tower. 9. The tower shall be limited to two microwave dishes. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 0 0 Page 3 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack August 2, 2010 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. LOCATION: The properties are located on the east side of Martinsburg Pike (Route 11 North), approximately 1/4 mile northeast of Interstate 81, Exit 317. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43-A-130 and 43-A-132 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residential and Public Utility ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Residential South: RP (Residential Performance) Land Use: Church East: RP (Residential Performance) Land Use: Church West: RP (Residential Performance) Land Use: Residential PROPOSED USE: This application is for a 120 foot Lattice Telecommunication Tower. (requires a Planning Commission waiver of the monopole requirement) REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 11, the VDOT facility which would provide access to the property. Prior to operation of the facility, a low volume commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property and positive drainage. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires inspection fee and surety bond coverage. Frederick County Fire Marshall: No comments. Inspections Department: Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, use group U (Utility and Miscellaneous) of The International Building Code 2006. The structure is required to comply with Chap 15 & 16 of the IBC 2006 for 9 • Page 4 Conditional Use Pen -nit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack August 2, 2010 structural load, as well as Section 3108 for Towers. The tower shall be located and equipped with step bolts and ladders so as to provide ready access for inspection purposes. The tower shall not cross or encroach upon any street or other public space, or encroach upon any privately owned property without written consent of the owner of the encroached -upon property. (See 3108.2, Location and Access.) Special instructions per Chap 17 IBC 2006 apply to this structure. Plans submitted for review shall be sealed by a Virginia Registered Design Professional. Winchester Regional Airport: We determined that the proposed tower does not penetrate any FAR Part 77 surfaces; therefore a tower located at the proposed site should not impact current or future operations at the Winchester Regional Airport. Our comment is based on the determination study completed by the Federal Aviation Administration, Aeronautical Study Number 2009-AEA-383-OE dated May 5, 2009. If at any time the tower height exceeds 150 AGL, the Winchester Regional Authority requests the following condition be met: Towers over 200 feet AGL, are required by FAA to be lighted. For towers between 150 and 199 feet AGL, the Winchester Regional Airport is requiring all structures to be marked and lighted in accordance with FAA Advisory Circular 70/7460-1K, Change 2. Please note on the determination study, that any variation from the information submitted by your firm for review would require a separate notice to the FAA. In addition, the determination does include temporary construction equipment such as cranes, derrick, etc., which may be used during construction of the structure as long as the equipment does not exceed the 120' height submitted. Should temporary construction equipment exceed that height, a separate notice to the FAA must be filed. This comment should be included on the building plans to ensure the contractor meets this Federal regulation. Historic Resources Advisory Board: The Frederick County HRAB considered this Conditional use Permit proposal during their meeting on June 15, 2010. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by Greenway Engineering. The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, shows that this site is located in the core area of the Second Battle of Winchester and the study area of Third Winchester. While this property is located within an area identified as having lost integrity, the area directly behind this site is identified as core area for the Second Battle of Winchester that has retained its integrity. In addition to these concerns, the HRAB noted that the home located at 2042 Martinsburg Pike was built in 1947. As it is older than fifty years in age, the structure should be documented and a DHR survey should be completed. Ultimately, the HRAB was concerned about the visual impact of the tower on the core battlefield area and felt that the tower, which is proposed to serve the FEMA development across the street, should be located on the roof of the FEMA building or on the FEMA site. It was the Board's expressed priority that the applicants first make a serious and genuine effort to locate the tower on the FEMA site where existing trees and development would make the tower less visible from 0 0 Page 5 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack August 2, 2010 the battlefield. The HRAB expressed a preference for a monopole telecommunication facility over a lattice facility such as has been proposed. It was suggested that monopole facilities with limited microwave dish mountings (due to the size of the microwave fixtures) would minimize visual disruption to the historic battlefield viewshed. The HRAB does not support this request because of its visual impacts on the historical character and significant Civil War battlefields in the area. As in the 2009 review of a CUP for the same site, the Board continues to recommend that the applicant document the dwelling at 2042 Martinsburg Pike, complete the DHR survey, and assure that the home remains intact. Planning and Zoning: The 2007 Comprehensive Policy Plan of Frederick County ("Comprehensive Plan") provides guidance when considering land use actions. This proposed 120 foot lattice -type commercial telecommunication facility will be located on properties located within the Northeast Land Use Plan (NELUP). One of the primary objectives of NELUP is for the development of industrial and commercial use along the Route 11 north corridor. The properties are located within the Sewer Water Service Area (SWSA) and outside the Urban Development Area (UDA) as indicated in the 2007Comprehensive Policy Plan of Frederick County. The applicant applied for a Conditional Use Permit (CUP # 01-09) for a 120 foot monopole commercial telecommunication facility to be located on these properties, and was denied by the Board of Supervisors at their meeting held on May 13, 2009. The denial was based on the location of the proposed facility within a Developmentally Sensitive Area (DSA) and the surrounding historical sites, as noted in the 2007 Frederick County Comprehensive Polices The Board of Supervisors at their June 9, 2010, meeting updated the NELUP component of the Comprehensive Plan and modified the DSA in this area of the NELUP. The properties that are subject to this proposed CUP were removed from the DSA. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RP (Residential Performance) Zoning District with an approved Conditional Use Permit (CUP). Commercial telecommunication facilities may be subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. These performance standards are to ensure that scenic areas and properties of significant historic values are not negatively impacted. In addition to these performance standards, the zoning ordinance requires that all proposed telecommunication facilities shall be of a monopole -type construction. The applicant has applied for a Conditional Use Permit for a 120-foot lattice -type commercial telecommunications facility on the above - referenced properties. The Zoning Ordinance empowers the Planning Commission to grant waivers from the monopole requirement and allow a lattice -type telecommunication tower provided that tower is located outside the UDA and not adjacent to identified historic sites. The general surrounding area of this proposed site contains sites of significant historical Page 6 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack August 2, 2010 importance, which include the Hackwood property, established residential areas, and the Milburn Road corridor. The Hackwood property and the Milburn Road corridor are less than 1 1/2 miles from this proposed commercial telecommunication facility. Furthermore, the subject properties of this proposed commercial telecommunication facility will be located within the core area of the Second Battle of Winchester Civil War Battlefield historic site, and the study area of the Third Battle of Winchester. Frederick County has traditionally set a higher expectation for land use actions with regard to properties that are located within the vicinity to historic sites. The Frederick County Historic Resources Advisory Board (HRAB), as referenced above, reviewed this application and had concerns. The HRAB had the most concern with the visual impact of this proposed facility on the core battlefield area of the Second Battle of Winchester and the study area of Third Winchester. The HRAB expressed a preference for a monopole telecommunication facility with limited microwave dish mountings over a lattice facility. The HRAB also recommended that the applicant locate this facility on property located on the 150 acre industrially and commercially zoned Rutherford Farm development, which includes a multistory office building, commercial center, and vacant properties. This development may provide satisfactory coverage for this applicant and future co -location opportunities in this area of Frederick County. STAFF CONCLUSIONS FOR THE 07/21/10 PLANNING COMMISSION MEETING: This is a request to seek approval for the construction of a 120 foot lattice -type commercial telecommunication facility. Staff would note that the proposed site does meet the requirements as set forth by the zoning ordinance for a lattice -type facility. However, this facility may have a visual impact on historical sites in the viewshed. Therefore, a monopole- type facility may be appropriate to mitigate any impacts to the historical sites, and service the applicants' needs and the future needs in this area of the County. Planning Commission approval is needed for a lattice -type facility. Should the Planning Commission find a lattice -type facility to be inappropriate, the CUP is required to be for monopole -type construction. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. Prior to site plan approval, properties must be consolidated. Page 7 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack August 2, 2010 5. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 6. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 7. Any expansion or modification of this use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/21/10 MEETING: The applicant's representative said several events occurred since the Planning Commission first considered this application over a year ago: the DSA (Developmentally Sensitive Area) line had been moved, the Graystone property was rezoned, and Route 37 was realigned. Also, during the previous consideration of this tower, there was a misunderstanding about the exact location of the UDA line and consequently, a request for a lattice tower was not made. The applicant noted that with this new application, the proposed tower location is clearly outside of the UDA and the applicant believed he was now eligible for the waiver from a monopole. The applicant's representative pointed out that the only negative comments they have received were of a visual nature; it's difficult to screen a tower but the applicant believes a lattice tower is less obtrusive. There were no citizen comments during the public comment portion of the hearing. Referring to a representation of the tower supplied by the applicant, Commission members questioned why the tower height exceeded the placement of two dishes attached to the tower. The applicant's representative said the extra height allowed for flexibility if the dishes needed to be moved up in the event an obstruction blocks the point-to-point communication between the tower and the mountain. Commission members questioned if the applicant had intentions of placing additional dishes toward the top of the tower. A member of the Planning Commission asked if there would be AWL (Aircraft Warning Lights) on the tower. It was understood that Winchester Regional Airport comments had requested lighting for towers exceeding 150 feet; however, he was concerned about the medivac helicopter service based at the airport which provides service throughout the region. He believed it would be beneficial to have some modest AWL on the tower for safety. Other members of the Commission agreed especially due to the tower's proximity to the Route 37 expansion, I-81, and Route 11. A number of Commissioners did not agree that a lattice tower was less visually obtrusive than a monopole tower. A Commissioner remarked that the massiveness of a monopole tower would be less than a lattice -type tower and, consequently, less visually intrusive. It was noted that a 6-foot wide monopole base (28 square feet) would occupy a footprint less than 30 percent of that required by a 10-ft by 10-ft (100 square foot) base lattice Page 8 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack August 2, 2010 structure. The Planning Commission unanimously voted to deny the applicant's request for a waiver from the monopole requirement. The Planning Commission next unanimously recommended approval of the CUP for a 120-foot monopole telecommunications tower with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. Prior to site plan approval, properties must be consolidated. 5. The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. 6. In the event a telecommunications tower is not erected within 12 months of the approval of this conditional use permit, the CUP will be deemed invalid. 7. Any expansion or modification of this use will require a new conditional use permit. 8. Aircraft Waming Lights (AWL) shall be placed on the tower. 9. The tower shall be limited to two microwave dishes. (Note: Commissioners Mohn, Lemieux, and Madagan were absent from the meeting.) Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. N ./��.a'.�` 0 125 250 500 Feet W yF, 1 1 I AT & T - Hall & H elsley & Pollack (*D CUP # 05 - 10 (CUP # 0l - 09) 120ft Lattice PIN: 43 - A - 130 ; 43 - A - 132 Type Tower We "v A- LIN # > , Approximate location of 120ft Lattice &gas. Type Tower J . led t s ;i i At- (a;e Planner_ Hark *"♦s Future Rt37 Bypass Zoning M2 (Industrial, General District) QAppheation BI (Business. Neighborhood District) - MH1 (Mobile Home Community District) iBuildings B2 (Business, General Distrst) - MS (Medical Support District) • R SewerWaterServiceArea - 83 (Boieess, Industrial Transition District) - R4 (Residential Planned Community District) • �MlUrban DecelopmentArea-EM (Erinttice Manufacturing District) RS(Residestial Recreational Community District) - HE (Higher Education District) t _ ) RA (Rural Area Distrito - MI (ladastrial, LightDistrict) BY (Residential Performance Distrito Map Document. (F.1_1_Locator_MpsV2009\CUP0109_ATT_WesleyHelsley_012609 mxd) 1/26/2009 -- 10.15.30AM �6Eq_NIE 1 ` JUN 2 5 M�j,,,,V r, Plan... • Submittal Deadline P/C Meeting O BOS Meeting 17 bl 140 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the ® owner ® other) NAME: AT&T Corp. Attn: Robert R. Ericksen, P.E., CCIM ADDRESS: One AT&T Way; Room 1 Al 13A Bedminster, NJ 07921 TELEPHONE (908) 234-8819 2. Please list all owners, occupants, or parties in interest of the property: AT&T c/o Robert R. Ericksen Melissa Helsley Hall Wesley Helsley, Sr. Bradley G. Pollack 3. The property is located at: (please give exact directions and include the route number of our road or street) The subject properties (Tax Map Parcels 43-((A))-130 and 43-((A))-132) are located on the east side of Martinsburg Pike (U.S. Route 11 North), approximately'/ -mile northeast of Interstate 81 Exit 317. 4. The properties have a road frontage of 261'f feet and a depth ranging between 402'f and 604'f feet and consist of a total of 3.32f acres. (Please be exact) Please refer to attached deed and plat information for tax map parcels 43-((A))-130 and 43-((A))-132. 5. Tax Map Parcel 43-((A))-130 is owned by AT&T Corporation as evidenced by deed from Tad J. Naegeli and Maria Sunshine Do l� eli previous owner) recorded as Instrument No. 080006084, as recorded in the records of the clerk of the Circuit Court, County of Frederick. Tax Map Parcel 43-((A))-132 is owned by Melissa Helsley-Hall and Wesley Helsley, as evidenced by deed from John E. & Shannon K. Hart (previous owner) recorded as Instrument No. 050026775, as recorded in the records of the clerk of the Circuit Court, County of Frederick. • 0 6. Property Identification Numbers 43-((A))-130 (AT&T); 43-((A))-132 (Helsley-Hall) Magisterial District Stonewall District Current Zoning RP, Residential Performance District 7. Adjoining Property: Please refer to the attached Zoning Map Exhibit. USE ZONING North Residential; Unimproved RP, Residential Performance District East Church; Unimproved RP, Residential Performance District South Church; Unimproved RP, Residential Performance District West Residential RP, Residential Performance District Unimproved RA, Rural Areas District 8. The type of use proposed is (consult with the Plamiing Dept. before completing) Commercial Telecommunication Facility 9. It is proposed that the following buildings will be constructed: 120' microwave lattice tower with accessory quipment building. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in from of (across the street) the property where the requested use will be conducted. (Continue on next page if necessary.) These people will be notified by mail of this application: Please refer to the attached Adjoining Property Owner Map and Table. NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# OA 0 Adjoining Property Owners Listing 0 File 5387 Tax Map Number Owner Address City & State ZIP 43 A 110 THOMAS E. & JANET RIDDICK, JR. 2045 MARTINSBURG PIKE WINCHESTER, VA 22603 44 A 24 RITA WILSON PO BOX 2996 WINCHESTER, VA 22604 43 A 113 JANE M. DEHAVEN, TRUSTEE 2073 MARTINSBURG PIKE WINCHESTER, VA 22603 43 A 132B TRUSTEES OF MARANATHA BAPTIST CHURCH 2O40 MARTINSBURG PIKE WINCHESTER, VA 22603 43 A 129 IWILLIAM & SANDRA LIGHT 1405 SPRING VALLEY DR IWINCHESTER, VA 1 22603 Source: Frederick County GIS, May 2010 Page 1 of 1 • l l . Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. Please refer to the AT&T Microwave Tower Fall Zone Exhibit that is included as information with this Conditional Use Permit Application. Please note that the exhibit reflects current property boundary information and that the two subject t properties will be consolidated subsequent to the approval of the Conditional Use Permit Application to ensure that the fall zone established for the microwave tower will be contained within the project boundary. 12. Additional comments, if any: The proposed AT&T microwave tower properties are located outside of the County's defined Urban Development Area (UDA) and are not adjacent to identified Developmentally Sensitive Areas (DSA) as depicted in the Comprehensive Policy Plan Northeast Land Use Plan. The location of the 120' microwave tower is situated adjacent to Martinsburg Pike (U.S. Route 11 North) and is within close proximity to Interstate 81 and the planned route for the Route 37 Eastern Bypass The location of the proposed 120' microwave tower is positioned to provide service for existing land use and is strategically located for future growth and development within this geographic area of Frederick County. If (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant: Signature of Owner: V �i/`� /�✓'TG� Owner's Mailing Address: AT&T Corp. One AT&T Way Room I A113A Bedminster, NJ 07921 Owner's Telephone Number: (908) 234-8819 Signature of Owner: Signature of Owner: Owner's Mailing Address ) I -- P.O. Box 1924 Winchester, VA 22604 Owner's Telephone Number: (540) 3274195 11 • 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. Please refer to the AT&T Microwave Tower Fall Zone Exhibit that is included as information with this Conditional Use Permit Application. Please note that the exhibit reflects current property boundary information and that the two subject t properties will be consolidated subsequent to the approval of the Conditional Use Permit Application to ensure that the fall zone established for the microwave tower will be contained within the project boundary. 12. Additional comments, if any: The proposed AT&T microwave tower properties are located outside of the County's defined Urban Development Area (UDA) and are not adjacent to identified Developmentally Sensitive Areas (DSA) as depicted in the Comprehensive Policy Plan Northeast Land Use Plan. The location of the 120' microwave tower is situated adiacent to MartinsburgP(U.S. Route 11 North) and is within close proximity to Interstate 81 and the planned route for the Route 37 Eastern Bypass. The location of the proposed 120' microwave tower is positioned to provide service for existing land use and is strategically located for future growth and development within this geographic area of Frederick County. If (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant: Signature of Owner: Owner's Mailing Address: AT&T Corp. One AT&T Way Room 1 Al 13A Bedminster, NJ 07921 Owner's Telephone Number: (908) 234-8819 Signature of Owner: YA Signature of Owner: - Owner's Mailing Address: P.O. Box 1924 Winchester, VA 22604 Owner's Telephone Number: (540) 327-4195 AOL 0 • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By These Presents: That I (We) (Name) AT&T Corp. (Phone) (908) 234-8819 (Address) One AT&T Way Bedminster, NJ 07921 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 080006084 on Page , and is described as Parcel: 43 Lot: 130 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) AT&T Corp. c/o Robert R. Ericksen, P.E., CCIM (Phone) (732) 501-0221 (Address) One AT&T Way Room 1A113A Bedminster, NJ 07921 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ® Conditional Use Perw`ot ❑ Master Development Plan (Preliminary and Final) ® Subdivision ® Site Plan ® Variance or Appeal ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, 11=)�have,hero set my (our) hand and seal this day of to-, 204 Signature(s) We-0 Jersey State of 4ar-Eitg/County of 3o to e, r4 e- t , To -wit: 1, G'rejery Do C, IC,a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the ame before me in the jurisdiction aforesaid this Lday of I" � 2op-a—. My Commission Expires: 0 30 �01 Notary P*icu Registration #: aX 6 i 8 Revised 3/17/08 Gregory J. DoA Nobry Pubie of Now Jersey My Commission Expires �� o r� r� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By These Presents: That I (We) (Name) Melissa Helsley-Hall & Wesley Helslev, Sr. (Phone) (540) 327-4195 (Address) P.O. Box 1924 Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050026775 on Page , and is described as Parcel: 43 Lot: 132 Block: A_ Section: Subdivision: do hereby make, constitute and appoint: (Name) AT&T Corp. c/o Robert R. Ericksen, P.E., CCIM (Phone) (732) 501-0221 (Address) One AT&T Way Room 1A113A Bedminster, NJ 07921 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ® Conditional Use Permit ❑ Master Development Plan (Preliminary and Final) ® Subdivision ® Site Plan ® Variance or Appeal ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) Lave hereto seynkyJogp) hand and seal tlii§;J.J f! Signature(s) State of Virginia-,-Git'y/County of , To -wit: I, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appe ed before me and has a knowledged the same before me in the jurisdiction aforesaid this Wda,, .�� aU ..... • 04, My Commissions410TARY Notary Public Registration #: Z. BLIC Revised 3/ 17/08 _ REG # 174329 _ • MY �CMh11SSIC40. �Z= • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By These Presents: That I (We) (Name) Bradley G. Pollack (Phone) (540) 459-8600 (Address) 148 North Main Street Woodstock, VA 22664 the party in interest of all those tracts or parcels of land ("Property"), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050026775 on Page , and is described as Parcel: 43 Lot: 132 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) AT&T Corp. c/o Robert R. Ericksen, P.E., CCIM (Phone) (732) 501-0221 (Address) One AT&T Way Room 1A113A Bedminster, NJ 07921 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ® Conditional Use Permit ❑ Master Development Plan (Preliminary and Final) ® Subdivision ® Site Plan ® Variance or Appeal ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I Signature(s) this L4 day of,204 `---\1� 49a-rTPublic in and for the jurisdiction aforesaid, certify that the person(s) who 1 strument and who I (are) known to me, personally appeared before me and has acknowle ed the same fore the jurisdiction aforesaid this R!S'�day of (Y-\ a 200 t O . My Commission Expires: .sue . Notary Public Registration #: rl a'l p t k Revised 3/17/08 LESLIE MARIE LAND-FRAVEL NOTARY PUBLIC REGISTRATION # 7270211 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY 28, 2013 U*E / 43 A 110 c� z_ AT & T Microwave Tower °C W Adjoining Property Owners Map z a z CCg4' NSR� z�C � W � of C0 LU 44 A 24 0 z o 3: w O O w A f� o 43 q 130 n c� o6 z a � \43 A 132 O Q \ \/ 43 A 132B a i t- W a Xln �Z� 3w o�w O - Z 3 a > y W O a� W'}'9 0 j o W o U OIL U d w LL U Y J 0 / L¢gend as z 3 W o o - Suo7ecl Properties Q Z Z Ow o Feet � Adjoining Property ° � � u � 4Cn 200 100 200 Parcel Boundary <Q m u u Q � y DAW Source. FRdWck Canty. VA GIS Dlpar—M. May ZUlU �FROPOSED 120'LATTICr TORE PROPOSED 8'DISPI /-PROPOSED 1() ' DI5H • PROPOSED 120"MONOPOI_F 0 0 • 5� CO MSEA R CH` A Com r,Scom-a Compiny 19700 Janelia Farms Blvd Ashburn, VA 20147 703-726-5500 Analysis of Communication Towers in the Vicinity of the Proposed AT&T Corporation Microwave Tower in Winchester, Virginia Comsearch was contracted by AT&T Corporation to identify all commercial communication facilities within a 1.0 mile search radius of their proposed 120' height telecommunications tower to be located at an existing AT&T facility on Route 11, Martinsburg Pike, in Winchester, Virginia. The purpose of this study is to provide the analysis required by the local Zoning Ordinances to obtain a Conditional Use Permit for the proposed telecommunication tower. Comsearch performed a database search from multiple sources including the Federal Communication Commission (FCC) Universal Licensing System (ULS) and Antenna Structure Registration (ASR), a database of the top ten tower owners in the United States, and the Comsearch databases of all microwave and land mobile radio (LMR) commercial telecommunications systems licensed for operation in the United States. The database search determined that there were 4 commercial communication facilities registered within a 1.0 mile radius of the proposed AT&T tower. Table 1 identifies the communication facilities and lists their pertinent parameters including service, frequency band, FCC Call Sign, latitude and longitude, antenna height and licensee. Figure 1 shows the location of these communication facilities with respect to the proposed AT&T tower. Table 1 Commercial Communication Facilities within 1.0 Mile of the Proposed AT&T Tower Frequency FCC Call Antenna ID Service Band Sign. Latitude Longitude Height m Licensee 1 Land Mobile 152 MHz KNGB739 39-12-58 78-08-28 24 A E JOHNSON INC Microwave 2 Site 956 MHz WEF653 39-13-20 78-07-57 9.14 H H OMPS, INC SHIRLEY WELL 3 Land Mobile 31 MHz WNGE496 39-14-00 78-06-57 29 DRILLING INC 460-470 4 Land Mobile MHz WPFR957 39-12-45 78-08-29 23 PACTIV CORP In addition to the database search identified above, Comsearch also performed a physical site visit to document the identified communication facilities and to determine if any other commercial communication facilities are present that were not identified in the database search. The on -site evaluation also focused on the area within a 1.0 mile search radius of the proposed AT&T facility. The results of the on -site physical visit are contained in Figures 2 — 5 for the database identified facilities. Figures 6 and 7 provide documentation for two additional facilities determined during the on -site visit and Figure 8 indicates the location of these additional communication facilities with respect to the proposed AT&T tower.. Notes are provided with each figure identifying the type of tower and a determination concerning the viability of the existing facility to support the proposed AT&T communication requirements. This determination is based on a number of criteria including 1) the ability of the tower to adequately support the proposed 6' microwave antenna, 2) the sufficient height of the existing tower to support the planned AT&T microwave link, and 3) proximity to the AT&T facility where the required communication must terminate. The results of this analysis determined that there are no existing commercial communications facilities present within a 1.0 mile radius of the proposed AT&T 120' height tower that will support the requirements of AT&T. The proposed AT&T tower is required to support a highly reliable point-to-point microwave path between the AT&T facility and a location on Mount Weather, which is in excess of 16 miles away in a direction of approximately 132 degrees from true north. The proposed tower will be required to support at minimum a 6' solid parabolic antenna. None of the identified existing communication facilities will meet the stringent requirements of AT&T. Street Atlas USAO20D6 Plus 321 Wstllovm t } It . � r Stephenson s 1 � t AT3T Proposed T, —� ID2, r ID 1, It !ID ♦': lT _ le t �- � " Scale 1 28,125 Data use subject to lc e fi O 20J43eL. Street Ad as USW 2005 R us ""ttO "'�,I wvtidelorme can V O 1' = 2,343 V tl Data Zoom 12-7 Figure 1 Commercial Communication Facilities in Database within 1.0 Mile of the Proposed AT&T Tower 0 0 Site: ID 1 Coordinates: 39' 13' 0.4" N, 780 8' 28.4" W Tower Height: 64' AGL Guyed Owner/Licensee: AE Johnson, Inc. Notes: This site is located behind an Exxon gas station at the intersection of US- 11 and Welltown Road. This tower will not support the proposed AT&T microwave antenna requirements. Figure 2 — Database Site ID 1 0 • Site: ID 2 Coordinates: 390 13' 20.4" N, 780 7' 57" W Tower Height: N/A Owner/Licensee: HH Omps, Inc. Notes: No tower or communication facilities are at this location. It is assumed that the facility has been deactivated and is no longer in operation. Figure 3 — Database Site ID 2 ■ 7 Site: ID 3 Coordinates: 39' 13' 59.1" N, 78° 6' 59.0" W Tower Height: 105' AGL Guyed Owner/Licensee: Shirley Well Drilling Notes: This site is located behind Shirley Well Drilling Company off of US-11. This facility will not support the proposed AT&T microwave antenna requirements. Figure 4 — Database Site ID 3 0 0 Site: ID 4 Coordinates: 39' 12' 45.4" N, 78° 8' 29.0" W Tower Height: N/A Owner/Licensee: Pactiv Corp. Notes: Site coordinates are located within private property of Pactiv Corporation behind loading dock located southeast of main entrance. No tower is present at this location and this facility will not support the proposed AT&T microwave antenna requirements. Figure 5 — Database Site ID 4 0 0 Site: Power Line Cellular Array Coordinates: 39° 13' 6.4" N, 78' 8' 25.2" W Tower Height: 125' AGL Owner/Licensee: Unknown Notes: This is a cellular base station site positioned on a high power transmission pole located at the end of Mercedes Drive in Winchester, VA. This facility will not support the proposed AT&T microwave antenna requirements. Figure 6 — Additional Telecommunication Facility Found During Site Visit u Site: Land Mobile Antenna Coordinates: 39° 13' 59.1" N, 78' 7' 38.6" W Tower Height: 110' AGL self support Owner/Licensee: Unknown Notes: Site is located behind Agri Court in Winchester, VA. This facility will not support the proposed AT&T microwave antenna requirements. Figure 7 — Additional Telecommunication Facility Found During Site Visit Street Atlas USA®2006 Plus wdaows� r Stephenson a . t.1NR Antenna' It IATiT Proposed Tower jcall Antenna on Power POW h Q ; ,r Sole t 79,125 Data use sub$e t m Incense (92IpM Dddmte Street ldas USAt920ll5 Plus r.tnrn1 L — _ _ vww+debmecvm M1 1'=2.3439R Data Zoom 12-7 Figure 8 Additional Commercial Communication Facilities Identified in On -Site Visit Within 1.0 Mile of the Proposed AT&T Tower Oolap AT & T Microwave Tower {FAy� lu Cr/GLEN 9� UDA Map rr� o� �sotiR z 0 tiF s� e� oc C7 sse W 663 rHC S s, F a Q fA tN m• y 3 qq $37 PO / W 3 ' O W D R cc llo J0 0 9O� F6 7st eet T F,pT DHARIES J? L �t�ro �9� RQ TDwN-RD— U JOP �hcr 'p OQ- ••*• �° J •• +S d o 4 � o O G QG �• � �� y �2 •-_.. Lli eet Q. cC J • � SAP 0 S W q I Q Nhs.R JESSiCA LNjf� O � RgG Q O o• Rsr 0 5 a .,°� • s� Q 9pc /,�i z Go t1 876 0= L) Cy 3 FF pQ p y +� O r �/,, 06 J c 732 0Q' ■ ycR !/O,a y� D°rd JO w CF D C ygyr �o.....■r■■.,■`c b a�f O� `� / • \ ~ 082 U o g z �.�� °ate ■ W Ln Z N o >: w .tea o 40 / LC> o° w U } O 9 ¢ C UJ Z k0 < 00 0o cQ O ¢ 00� a PACTIVWgy/ x 0j Q U w a�P - ♦ C° Up Inside UDA ' v o Legen� � po�R�� • q d I .�.•_�•. ~ Q � a - e tt/et " R 6 .UQq Subject Properties AO A w O Nw FeetUDA X o ONE- - Parcel Boundary 01 Fs 1,000 500 0 1,000 o <ti` n R a3,� ° o y Z AT & T Microwave Tower Cr LU Fall Zone Exhibit LU z Z 0 Z =¢ w o C 720 Foot Fall Zone F- m AT&T Microwave Tower uJ X LLJ W V` tt (If O o ~ Lal \ f- Q f- U V Q Line of Sight Z to Mt. Weather 3 r p W w G / J 0 m ¢ > Q� r.... W 2 Of r W LLI Z L1J = O Legend �; L J U o - `O ¢ U w 1pi lr J J ci 0 S J AT & T Property d a �0 3 LU Building Footprints Feet a o LU Parcel Boundary 100 50 0 100 w W a o y , Dnla Source, Frederick County, V. GIS Depa--, May 2009 Data o ` . o n x e vo y 3= In m r 1 m m o m o CL 3 1 3 0 3 2 g y 1 o -- " � 1 in 0 m o c 0 m m y N C) �l 0 0 a) o �c:) 0 o TI n / CD m / IV / O / CD / I WW >v A A A A A 0 J J 0 100 J W N 0 Z7 c N NCA 3 3 0 3 2 U 0 N O D m 0 3 0 x (D N = N 0 c m Q D N N N N AT & T MICROWAVE TOWER DEVELOPMENTALLY SENSITIVE AREAS AND HISTORIC FEATURES STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 27 MAY 2010 PROJECT ID: "'t, DESIGN SCALE: 1 Inch equals 1,200 Feet d NOsyd d �w =1� d iv .. co Igi �e,m Y h/oR mom . o 0 (D G (D >0 Q- 3 =o o — -TIv ID v L m —0C4 G (D (D (n Dm I v AT & T MICROWAVE TOWER GREENWAY ENGINEERING DEVELOPMENTALLY SENSITIVE AREAS .166 AND HISTORIC FEATURES cK , Co CONDITIONAL USE PERMIT #05-10 AT&T CORP. MELISSA HALL AND WESLEY HELSLEY w d BRADLEY POLLACK .I, Staff Report for the Planning Commission 73A Prepared: July 6, 2010 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 07/11/10 Pending Board of Supervisors: 08/11/10 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to enable the construction of a 120 foot Lattice Telecommunication Tower. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. Prior to site plan approval, properties must be consolidated. 5. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 6. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 7. Any expansion or modification of this use will require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack July 6, 2010 LOCATION: The properties are located on the east side of Martinsburg Pike (Route 11 North), approximately '/a mile northeast of Interstate 81, Exit 317. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43-A-130 and 43-A-132 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residential and Public Utility ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Residential South: RP (Residential Performance) Land Use: Church East: RP (Residential Performance) Land Use: Church West: RP (Residential Performance) Land Use: Residential PROPOSED USE: This application is for a 120 foot Lattice Telecommunication Tower. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 11, the VDOT facility which would provide access to the property. Prior to operation of the facility, a low volume commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property and positive drainage. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires inspection fee and surety bond coverage. Frederick County Fire Marshall: No comments. Inspections Department: Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, use group U (Utility and Miscellaneous) of The International Building Code 2006. The structure is required to comply with Chap 15 & 16 of the IBC 2006 for Page 3 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack July 6, 2010 structural load, as well as Section 3108 for Towers. The tower shall be located and equipped with step bolts and ladders so as to provide ready access for inspection purposes. The tower shall not cross or encroach upon any street or other public space, or encroach upon any privately owned property without written consent of the owner of the encroached -upon property. (See 3108.2, Location and Access.) Special instructions per Chap 17 IBC 2006 apply to this structure. Plans submitted for review shall be sealed by a Virginia Registered Design Professional. Winchester Regional Airport: We determined that the proposed tower does not penetrate any FAR Part 77 surfaces; therefore a tower located at the proposed site should not impact current or future operations at the Winchester Regional Airport. Our comment is based on the determination study completed by the Federal Aviation Administration, Aeronautical Study Number 2009-AEA-383-OE dated May 5, 2009. If at any time the tower height exceeds 150 AGL, the Winchester Regional Authority requests the following condition be met: Towers over 200 feet AGL, are required by FAA to be lighted. For towers between 150 and 199 feet AGL, the Winchester Regional Airport is requiring all structures to be marked and lighted in accordance with FAA Advisory Circular 70/7460-1K, Change 2. Please note on the determination study, that any variation from the information submitted by your firm for review would require a separate notice to the FAA. In addition, the determination does include temporary construction equipment such as cranes, derrick, etc., which may be used during construction of the structure as long as the equipment does not exceed the 120' height submitted. Should temporary construction equipment exceed that height, a separate notice to the FAA must be filed. This comment should be included on the building plans to ensure the contractor meets this Federal regulation. Historic Resources Advisory Board: The Frederick County HRAB considered this Conditional use Permit proposal during their meeting on June 15, 2010. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by Greenway Engineering. The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, shows that this site is located in the core area of the Second Battle of Winchester and the study area of Third Winchester. While this property is located within an area identified as having lost integrity, the area directly behind this site is identified as core area for the Second Battle of Winchester that has retained its integrity. In addition to these concerns, the HRAB noted that the home located at 2042 Martinsburg Pike was built in 1947. As it is older than fifty years in age, the structure should be documented and a DHR survey should be completed. Ultimately, the HRAB was concerned about the visual impact of the tower on the core battlefield area and felt that the tower, which is proposed to serve the FEMA development across the street, should be located on the roof of the FEMA building or on the FEMA site. It was the Board's expressed priority that the applicants first make a serious and genuine effort to locate the tower on the FEMA site where existing trees and development would make the tower less visible from 0 0 Page 4 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack July 6, 2010 the battlefield. The HRAB expressed a preference for a monopole telecommunication facility over a lattice facility such as has been proposed. It was suggested that monopole facilities with limited microwave dish mountings (due to the size of the microwave fixtures) would minimize visual disruption to the historic battlefield viewshed. The HRAB does not support this request because of its visual impacts on the historical character and significant Civil War battlefields in the area. As in the 2009 review of a CUP for the same site, the Board continues to recommend that the applicant document the dwelling at 2042 Martinsburg Pike, complete the DHR survey, and assure that the home remains intact. Planning and Zoning: The 2007 Comprehensive Policy Plan of Frederick County ("Comprehensive Plan") provides guidance when considering land use actions. This proposed 120 foot lattice -type commercial telecommunication facility will be located on properties located within the Northeast Land Use Plan (NELUP). One of the primary objectives of NELUP calls for the development of industrial and commercial use along the Route 11 north corridor. The properties are located within the Sewer Water Service Area (SWSA) and outside the Urban Development Area (UDA) as indicated in the 2007Comprehensive Policy Plan of Frederick County. The applicant applied for a Conditional Use Permit (CUP # 01-09) for a 120 foot monopole commercial telecommunication facility to be located on these properties, and was denied by the Board of Supervisors at their meeting held on May 13, 2009. The denial was based on the location of the proposed facility within a Developmentally Sensitive Area (DSA) and the surrounding historical sites, as noted in the 2007 Frederick County Comprehensive Polices The Board of Supervisors at their June 9, 2010, meeting updated the NELUP component of the Comprehensive Plan and modified the DSA in this area of the NELUP. The properties that are subject to this proposed CUP were removed from the DSA. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RP (Residential Performance) Zoning District with an approved Conditional Use Permit (CUP). Commercial telecommunication facilities may be subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. These performance standards are to ensure that scenic areas and properties of significant historic values are not negatively impacted. In addition to these performance standards, the zoning ordinance requires that all proposed telecommunication facilities shall be of a monopole -type construction. The applicant has applied for a Conditional Use Permit for a 120-foot lattice -type commercial telecommunications facility on the above - referenced properties. The Planning Commission may allow a lattice -type telecommunication tower provided that tower is located outside the UDA and not adjacent to identified historic sites. The general surrounding area of this proposed site contains sites of significant historical importance, which include the Hackwood property, established residential areas, and the Milburn 0 Page 5 Conditional Use Permit 405-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack July 6, 2010 Road corridor. The Hackwood property and the Milburn Road corridor are less than 1 1/2 miles from this proposed commercial telecommunication facility. Furthermore, the subject properties of this proposed commercial telecommunication facility will be located within the core area of the Second Battle of Winchester Civil War Battlefield historic site, and the study area of the Third Battle of Winchester. Frederick County has traditionally set a higher expectation for land use actions with regard to properties that are located within the vicinity to historic sites. The Frederick County Historic Resources Advisory Board (HRAB), as referenced above, reviewed this application and had concerns. The HRAB had the most concern with the visual impact of this proposed facility on the core battlefield area of the Second Battle of Winchester and the study area of Third Winchester. The HRAB expressed a preference for a monopole telecommunication facility with limited microwave dish mountings over a lattice facility. The HRAB also recommended that the applicant locate this facility on property located on the 150 acre industrially and commercially zoned Rutherford Farm development, which includes a multistory office building, commercial center, and vacant properties. This development may provide satisfactory coverage for this applicant and future co -location opportunities in this area of Frederick County. STAFF CONCLUSIONS FOR THE 07/21/10 PLANNING COMMISSION MEETING: This is a request to seek approval for the construction of a 120 foot lattice -type commercial telecommunication facility. Staff would note that the proposed site does meet the requirements as set forth by the zoning ordinance for a lattice -type facility. However, as with the previous application, this facility will have an impact on adjacent historical sites. Therefore, a monopole - type facility may be appropriate to mitigate any impacts to the historical sites, and service the applicants' needs and the future needs in this area of the County. Planning Commission approval is needed for a lattice -type facility. Should the Planning Commission find a lattice -type facility to be inappropriate, the CUP is required to be for monopole -type construction or denied as presented. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. Prior to site plan approval, properties must be consolidated. Page 6 Conditional Use Permit #05-10 AT&T, Melissa Hall & Wesley Helsley, and Bradley Pollack July 6, 2010 The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 6. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 7. Any expansion or modification of this use will require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. • Mark Cheran From: Angela Whitacre Sent: Monday, July 19, 2010 10:39 AM To: Mark Cheran Subject: RE: [66306] ACH Payment to COUNTY OF FREDERICK Yes- the delinquent amount was paid in full on Friday 7/16/10. They are now current. Thanks- Angela -----Original Message ----- From: Mark Cheran Sent: Monday, July 19, 2010 10:35 AM To: Angela Whitacre Subject: FW: [66306] ACH Payment to COUNTY OF FREDERICK Angela are the taxes for this property now up to date thanks ....... Cheran -----Original Message ----- From: Ty Lawson [mailto:tlawson@lsplc.com] Sent: Friday, July 16, 2010 4:56 PM To: Mark Cheran Subject: FW: [66306] ACH Payment to COUNTY OF FREDERICK Mark, do your records confirm this payment? Ty -----Original Message ----- From: bpollack@shentel.net [mailto:bpollack@shentel.net] Sent: Friday, July 16, 2010 4:25 PM To: TLawson@lsplc.com Subject: Fwd: [66306] ACH Payment to COUNTY OF FREDERICK Forwarded Message: > To: <bpollack(@shentel.net> > From: <BORNDOFF@co.frederick.va.us> > Subject: [66306] ACH Payment to COUNTY OF FREDERICK > Date: Fri, 16 Jul 2010 16:18:58 -0400 > ----- > Below is the receipt for your Electronic Payment you made today, > Please save this for your records: > Transaction Number: 66306 > Total Taxes Paid: $865.02 > Convenience Fee: $0.00 > Total Charges: $865.02 > Please Allow 24 Business Hours for payment to be processed. > Detailed items paid for this transaction: > Principal Penalty Interest Total 1 > Dept Ticket # De�ription Paip Paid Paid Paid ---------------------------------------------------------------------------- ----------------------------------------------- > RE2009 161520002 2.19 ACRES $339.85 $33.99 $24.92 $398.76 > RE2010 163780001 2.19 ACRES $416.93 $41.69 $7.64 $466.26 --------------------------------------------- This message was sent using Shentel WebMail. http://WebMail.Shentel.Net No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.441 / Virus Database: 271.1.1/3005 - Release Date: 07/16/10 06:35:00 2 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 28, 2010 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #05-10 FOR AT&T CORP., MELISSA HELSLEY-HALL & WESLEY HELSLEY AND BRADLEY POLLACK On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, August 11, 2010, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit 905-10 for AT&T Corp., Melissa Helsley-Hall & Wesley Helsley and Bradley Pollack, submitted by Greenway Engineering, for a 120 foot Monopole Telecommunications Tower. The properties are located on the east side of Martinsburg Pike (Route 11 North), approximately '/4 mile northeast of Interstate 81, Exit 317, and are identified with Property Identification Numbers 43-A-130 and 43-A-132 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fiederickcountyva.gov. Sincerely,. Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202. • Winchester, Virginia 22601-5000 Ii_-- L_' This is to certify that the attached correspondence was mailed to the following on Ld from the Department of Planning and Development, Frederick County, Virginia: -- — -- -- _ _--- --- - 43 -A- -113- 43 - A• -130- 1 DEHAVEN JANE M TRUSTEE AT&T CORP 2073 MARTINSBURG PIKE CIO PROPERTY TAX DEPARTMENT WINCHESTER VA 22603.4715 1 ATT WAY RM 3B 220C — — ,. BEDMINSTER NJ 07921.2693 I 43 - A• .132-B _ TRUSTEES OF MARANATHA BAPTIST CH 43 - A- - 132- HELSLEY HALL MELISSA - 2040 MARTINSBURG PIKE HELSLEY WESLEY SR WINCHESTER VA 22603 PO BOX 1924-- WINCHESTER VA 22604-8074 43 . A• .129. - -- - - __-- LIGHT WILLIAM Bradley Pollack 148 N. Main St. Woodstock, VA 22664 i Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 43 -A- .110 - - - i RIDDICK THOMAS E. JR. & JANET 2045 MARTINSBURG PIKE WINCHESTER VA 22603.4715 44 - A• - 24- WILSON RITA PO BOX 2996 WINCHESTER VA 22604.2196 & LIGHT SANDRA i405 SPRING VALLEY DR WINCHESTER VA 22603.2949 fk R. Cheran, Zoning & Subdivision Administrator ierick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICJK t a Notary Public in and for the State and County aforesaid, do ereby certi that k �R.Cheran, Zoning & Subdivision Administrator for the 4tated nt Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my C unty aforesaid. Given under my hand this My commission expires on BEVERLY H. DELLINGER NOTARY ID # 331878 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2011 of i COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING July 9, 2010 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #05-10 FOR AT&T CORP., MELISSA HELSLEY-HALL & WESLEY HELSLEY AND BRADLEY POLLACK On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, July 21, 2010, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #05-10 for AT&T Corp., Melissa Helsley-Hall & Wesley Helsley and Bradley Pollack, submitted by Greenway Engineering, for a 120 foot Lattice Telecommunications Tower. The properties are located on the' east side of Martinsburg Pike (Route 11 North), approximately 1/4 mile, northeast of Interstate 81, Exit 317, and are identified with Property Identification Numbers 43-A-130 and 43-A-132 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.frederickeountyva.gov. Sincerely, ��' ` Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to ce , ify that the attached correspondence was mailed to the following on p from the Department of Planning and Development, Frederick County, Virg> ia: - --- — - -- - ----- 43 • A. -113- 43 - A- -130- DEHAVEN JANE M TRUSTEE AT&T CORP 2073 MARTINSBURG PIKE CIO PROPERTY TAX DEPARTMENT WINCHESTER VA 22603.4715 1 ATT WAY RM 313 220C — BEDMINSTER NJ 07921.2693 43 A. 132•B - -- — - --- 43 l TRUSTEES OF MARANATHA BAPTIST CH A. -132- l HELSLEY-HALL MELISSA 2040 MARTINSBURG PIKE HELSLEY WESLEY SR WINCHESTER VA 22603 PO BOX 1924 WINCHESTER VA 22604.8074 43 -A. - 129 --- -- - - -- LIGHT WILLIAM � -- - - - --- - - - -- - - - - � � & LIGHT SANDRA Bradley Pollack j 405 SPRING VALLEY DR 148 N. Main st. I WINCHESTER VA 22603.2949 Woodstock, VA 22664 I Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 43 -A- -110- RIDDICK THOMAS E. JR. & JANET 2045 MARTINSBURG PIKE WINCHESTER VA 22603.4715 44 - A• - 24. / WILSON RITA f 1� PO BOX 2996 WINCHESTER VA 22604.2196 lark R. Cheran, Zoning &Subdivision Administrator ederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK l�. W, , a Notary Public in and for the State and County aforesaid, do ereby certify that Nork R. Cheran, Zoning & Subdivision Administrator for the Departm nt f Planning and Development, whose name is signed to the foregoing, dated A, has personally appeared before me and acknowledged the same in my State Wd ounty aforesaid. _ Given under my hand this <� day of My commission expires on 86 F.I2LY 19. C)i>.Llh'Olr� 3 ? NOIAf\Y ID n 331878 , NOTARY PUBLIC COMMONWEALTH Or- VIR a ,r •; C;CJA�9tvI1SSIONEXPII2ES JULY3GINI A 1, z0xr7�,.,,w�,l N djoining Property Owners Listing File 5387 Tax Map Numoer Owner Address City & State ZIP 43 A 110 THOMAS E. & JANET RIDDICK, JR. 2045 MARTINSBURG PIKE WINCHESTER, VA 22603 44 A 24 RITA WILSON PO BOX 2996 WINCHESTER, VA 22604 43 A 113 JANE M. DEHAVEN, TRUSTEE 2073 MARTINSBURG PIKE WINCHESTER, VA 22603 43 A 132B TRUSTEES OF MARANATHA BAPTIST CHURCH 2O40 MARTINSBURG PIKE WINCHESTER, VA 22603 43 A 129 IWILLIAM & SANDRA LIGHT 1405 SPRING VALLEY DR WINCHESTER, VA 1 22603 TO: BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please pr' t sets of els by THANKSI Source: Frederick County GIS, May 2010 Page 1 of 1 � oq a°vo 6 'r- , �o 7. b� s� AT & T Commercial Telecom nication Facility - Page 1 of 1 Evan Wyatt From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram @ VDOT.virginia.gov] Sent: Monday, May 24, 2010 3:14 PM To: Evan Wyatt Cc: John.Bishop; Smith, Matthew, P.E.; Parlett, Joshua Subject: AT & T Commercial Telecommunication Facility Ref: AT & T Commercial Telecommunication Facility Route 11, Martinsburg Pike Frederick County The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 11, the VDOT facility which would provide access to the property. Prior to operation of the facility, a' low volume commercial entrance (per attached) must be constructed to our standards to allow for safe egress and ingress of the property and positive drainage. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. <<S C N_20100524151118_001. pdf>> Thank you for allowing us the opportunity to comment. Should you have any questions, do not hesitate to call. Lloyd A. Ingram, Land Development Engineer VA Department of Transportation — Land Development Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, Virginia 22824 Phone # (540) 984-5611 Fax # (540) 984-5607 5/25/2010 Low Volume Commercial Entrance Design along Highways with Shoulders LOW VOLUME COMMERCIAL ENTRANCE DESIGN ALONG HIGHWAYS WITH SHOULDERS Site Requirements For This Design Maximum Highway VPD : 5,000 Maximum Entrance VPD : 200 Maximum Entrance VPD Truck Trips : 1 O% SINGLE TWO - WAY ENTRANCE Imo— Limits of Parking Lot --- — R/W �— I }.� W Tc��7- U� �U Edge of Pavement G-93 LETTER SYMBOL DIMENSIONS C 2S Minimum U -& 26 Minimum. Curb and Gutter or Curbing Is not required. W 1B' Minimum 30' MaAmum y go, Prefered 60' Minimum s�Fhto�oort�S�ltddubdMalon Streets and All�Ya� radtl, width and angle Design Gulden Inntthre Rceed �6�gnn Manua, Appendix B. Notes: fldfspcneeonumt specific site requirements as directed or_ pp _ b>� sed onwat the �Idr�„n op9i ppcf, FIGURE 4-15 LOW VOLUME COMMERCIAL ENTRANCE DESIGN ALONG HIGHWAYS WITH SHOULDERS Note: All entrance design and construction shall accommodate pedestrian and bicycle users of the highway in accordance with the Commonwealth Transportation Board's "Policy for Integrating Bicycle and Pedestrian Accommodations". C � J • Conditional Use Permit Comments Frederick County Fire Marshal ONMOSONOW, Mail to: Frederick County Fire Marshal Fire & Rescue Department 1080 Coverstone Drive Winchester, Virginia 22602 (5540) 665-6350 Hand deliver to: Frederick County Attn: Fire Marshal Public Safety Building, 1" Floor 1080 Coverstone Drive Winchester, Virginia 22602 Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Also, please attach one (1) copy of your application form, location map, and all other pertinent information. Applicants Name: Greenway Engineering Attn: Evan Wyatt, AICP Address: 151 Windy Hill Lane Winchester, Virginia 22602 Phone Number: 540-662-4185 Name of development and/or description of the request: AT&T Commercial Telecommunication Facility. Construction of a 120' microwave lattice tower with accessory equipment building. Location of property: The subject properties (Tax Map Parcels 43-((A))-130 and 43-((A))-132) are located on the east side of Martinsburg Pike (U.S. Route 11 North), approximately 3/a-mile northeast of Interstate 81 Exit 317. Fire Marshal's Comments: Fire Marshal's use only Date received Incomplete Date reviewed Signature and Date Signature and Date (revisiv,,) Date revision received Date approved • Frederick County Fire and Rescue Department DAVIRGINIOA Office of the Fire Marshal Plan Review and Comments Control number Date received Date reviewed Date Revised CUP 10 - 0 0 0 6 5/14/2010 5/25/2010 Project Name Applicant AT&T Greenway Engineering Address City State Zip Applicant Phone 151 Windy Hill Winchester VA 22602 540-662-4185 Type Application Tax ID Number Fire District Rescue District Site Plan 43-A-130 13 13 Current Zoning Election District RA Recommendations Stonewall Automatic Sprinkler System Automatic Fire Alarm System Residential Sprinkler System No No No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Fire Lane Required No Special Hazards No }r Reviewed By Signature D.D. Linaburg Title Conditional Use Pest Comments • Frederick County Inspections Department Mail to: Frederick County Inspections Dept. Attn: Building Official 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5650 Hand deliver to: Frederick County Inspections Department Attn: Building Official County Administration Bldg., 2nd Floor 107 North Kent Street, Suite 200 Winchester, Virginia 22601 Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map, and all other pertinent information. Applicants Name: Greenway Engineering Attn: Evan Wyatt, AICP Address: 151 Windy Hill Lane Winchester, VA 22602 Phone Number: 540-662-4185 Name of development and/or description o: the request: AT&T Commercial Telecommunication Facility. Construction of a 120' microwave lattice tower with accessory equipment building Location of property: The subject properties (Tax Map Parcels 43-((A))-130 and 43-((A))-132) are located on the east side of Martinsburg Pike (U.S. Route 11 North), approximately 3/a-mile northeast of Interstate 81 Exit 317. Inspection Department Comments: rf2� pc In ;-VL nA Public Works use only Date received Incomplete Date reviewed Signature and Date Signature and Date (revision) Date revision received Incomplete Date reviewed Date approved ra"4 �"+� .,.E :�.. '.." r E" 9 i...., D MAY 14 2010 Frederick County Public Works & Inspections Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, use group U (Utility and Miscellaneous) of The International Building Code 2006. The structure is required to comply with Chap 15 & 16 of the IBC 2006 for structural load, as well as, Section 3108 for Towers. The tower shall be located and equipped with step bolts and ladders so as to provide ready access for inspection purposes. The tower shall not cross or encroach upon any street or other public space, or encroach upon any privately owned property without written consent of the owner of the encroached -upon property (Sec 3108.2, Location and Access) Special inspections per Chap 17 IBC 2006 apply to this structure. Plans submitted for review shall be sealed by a Virginia Registered Design Professional. 0 • Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, use group U (Utility and Miscellaneous) of The International Building Code 2006. The structure is, required to comply with Chap 15 & 16 of the IBC 2006 for structural load, as well as, Section 3108- for Towers. The tower shall be located and equipped with step bolts and ladders so as to provide ready access for inspection purposes. The tower shall not cross or encroach upon any street or other public space, or encroach upon any privately owned property without written consent of the owner of the encroached -upon property (Sec 3108.2, Location and Access) Special inspections per Chap 17 IBC 2006 apply to this structure. Plans submitted for review shall be sealed by a Virginia Registered Design Professional. 0 • Conditional Use Permit Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 540-662-2422 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map, and all other pertinent information. Applicants Name: Greenway Engineering Attn: Evan Wyatt, AICP Address: 151 Windy Hill Lane Winchester, VA 22602 Phone Number: 540-662-4185 Name of development and/or description of the request: AT&T Commercial Telecommunication Facility. Construction of a 120' microwave lattice tower with accessory equipment building. Location of property: The subject properties (Tax Map Parcels 43-((A))-130 and 43-((A))-132) are located on the east side of Martinsburg Pike (U.S. Route 11 North), approximately 3/4-mile northeast of Interstate 81 Exit 317. Winchester Regional Airport's Comments: s-ee co m m-P-n�- \ e ems- e h-P 0 e WINCHESTER REGIONAL AIRPORT z 491 AIRPORT ROAD 1"�7) WINCHESTER, VIRGINIA 22602 (540) 662-5786 May 25, 2010 Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Site Plan Final Comment 120' Monopole — AT&T POP Tower 2042 Martinsburg Pike — Winchester Dear Mr. Wyatt: The Winchester Regional Airport Authority offers the following final comment on the above referenced request for a conditional use permit as conditions to be complied with at all times: We determined that the proposed tower does not penetrate any FAR Part 77 surfaces therefore a tower located at the proposed site should not impact current or future operations at the Winchester Regional Airport. Our comment is based on the determination study completed by the Federal Aviation Administration, Aeronautical Study Number 2009-AEA-383-OE dated May 5, 2009. If at any time the tower height exceeds 150 AGL, the Winchester Regional Airport Authority requests the following condition be met: 1. Towers over 200 feet AGL are required by FAA to be lighted. For towers between 150 and 199 feet AGL, the Winchester Regional Airport is requiring all structures to be marked and lighted in accordance with FAA Advisory Circular 70/7460-1 K, Change 2. Please note on the determination study, that any variation from the information submitted by your firm for review would require a separate notice to the FAA. In addition, the determination does include temporary construction equipment such as cranes, derrick, etc., which may be used during construction of the structure as long as the equipment does not exceed the 120' height submitted. Should temporary construction equipment exceed that height, a separate notice to the FAA must be filed. This comment should be included on the building plans to ensure the contractor meets this Federal regulation. Thank you for your continued support and cooperation. Should you have any questions or need additional information, please contact this office (540) 662-5786. Sincerely, S. R. Manuel Executive Director 0 0 COUNTY of FREDERICIK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 June 21, 2010 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Telecommunications Tower Conditional Use Permit Location: 2042 Martinsburg Pike, Winchester, VA Property Identification Numbers (PINs): 43-A-130 and 43-A-132 Zoning District: RP (Residential Performance) Dear Mr. Wyatt: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced Conditional Use Permit proposal during their meeting on June 15, 2010. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by Greenway Engineering. Historic Resources Advisory Board Concerns The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, shows that this site is located in the core area of the Second Battle of Winchester and the study area of Third Winchester. While this property is located within an area indentified as having lost integrity, the area directly behind this site is identified as core area for the Second Battle of Winchester that has retained its integrity. In addition to these concerns, the HRAB noted that the home located at 2042 Martinsburg Pike was built in 1947. As it is older than fifty years in age, the structure should be documented and a DHR survey should be completed. Ultimately, the HRAB was concerned about the visual impact of the tower on the core battlefield area and felt that the tower, which is proposed to serve the FEMA development across the street, should be located on the roof of the FEMA building or on the FEMA site. It was the Board's expressed priority that the applicants first make a serious and genuine effort to locate the tower on the FEMA site where existing trees and development would make the tower less visible from the battlefield. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Evan Wyatt RE: Telecommunications Tower Conditional Use Permit June 21, 2010 Page 2 The HRAB expressed a preference for a monopole telecommunication facility over a lattice facility, such as has been proposed. It was suggested that monopole facilities with limited microwave dish mountings (due to the size of the microwave fixtures) would minimize visual disruptions to the historic battlefield viewshed. The HRAB does not support this request because of its visual impacts on the historical character and significant civil war battlefields in the area. As in the 2009 review of a CUP for the same site, the Board continues to recommend that the applicant document the dwelling at 2042 Martinsburg Pike, complete the DHR survey, and assure that the home remains intact. Please contact me with any questions concerning these comments from the HRAB. Sine rely, Eric awrence, AICP HRAB Staff Support ERL;/bad cc: Rhoda Kriz, HRAB Chair . "j 6*_ ;i, C 0 0. �z U H� (a c 0 E M C 0 � c C Y ca C v •� M y C a� N 3 c c� a�i 3 4) 0 � C N N 0 • 080006084 0 N 110 DEED ti THIS DEED, made and dated this / ? I day of May, 2008, by and between TAD J. NAEGELI and MARIA SUNSHINE DOYLE-NAEGELI (formerly known as MARIA SUNSHINE DOYLE), parties of the first part, hereinafter called the Grantors, and AT&T CORP., a New York Domestic Business Corporation, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant and convey with General Warranty and English Covenants of Title, in fee simple absolute, unto the Grantee, the following property: All that certain lot or parcel of land, lying and being situate along the Southeastern side of Virginia U.S. Highway No. 11, about three miles North of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, fronting on said highway for a distance of 103.8 feet, more or less, having a depth on the northern and southern sides of 400 feet and a width on the eastern side of 103.8 feet, more or less; and being the same real property which the Grantors herein acquired by Deed dated September 1, 2004, from James L. Boone and Sharon H. Boone, husband and wife, which said Deed is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 040017922, Reference is hereby made to the aforesaid Deed, and to the references therein contained, for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following STATE OF VIRGINIA CITY OF CHESTER, to- it: / U a Notary Public in and for the State and Jurisdiction aforesaid do hereby certify that TAD J. NAEGELI and MARIA SUNSHINE DOYLE-NAEGELI, whose names are signed to the foregoing DEED bearing date the / 9 day of May, 2008, have personally appeared before me and acknowledged the same in the City of Winchester, Virginia. Given under my hand this /� day of May, 2008. Commission ex es A ff7/. Notary Pdblic .Notary Registration Number ; A • it •..... �� `;` C.%Oita1RRHOEEDSWM MP TO SPWAEGELI TO AT&T. DEED.09p' 141 , t•N••. •. atc' a i�00'�� v VIRGINIA: FREDERICK COUNTY.SCC. This instrument of writing was produced to me on at and ��ith ccrtili�atc ad. MINI ledeement thereto annewed %Kati admitted to rcxvrd_ fsc imlx�srd by $ec 5$.1$Q20f 5 rl f0 0and i5-I -W I have been paid, if a e� /) J , OPA • n 0,566 �?. 7 76" THIS DEED made and dated this /J day of November, 2005, by and between JOHN E. HART and SHANNON K. HART, hereinafter called the Grantors, and MELISSA HELSLEY-HALL and WESLEY HELSLEY, SR, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with General Warranty and English covenants of title unto the Grantees, in fee simple, as joint tenants with right of survivorship as at common law, all the following described certain real estate together with the improvements thereon and the appurtenances thereunto belonging: All that certain tract or parcel of land containing 6.87 acres, more or less, lying and being situate along the eastern side of U.S. Highway No. 11, about 3 '/z miles north of Winchester, in Stonewall District, Frederick County, Virginia. LESS AND EXCEPT 4.4066 acres, more or less, conveyed in Deed Book 552, page 6 with Correction in Deed Book 556, page 729. FURTHER LESS AND EXCEPT 4,647 square feet, more or less, conveyed in Deed Book 856, page 1454. AND BEING a portion of the same property conveyed to John E. Hart and Shannon K. Hart from Ernest D. Rowe, by Deed dated March 15, 1971 of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 374, page 260. Reference is hereby made to the aforesaid instruments and the references therein contained for more particular descriptions of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, affecting the subject property. 1 DMOM MCC." Ivweys i cmade s at Law lm WOE h,nwe 9"d sutate. VW6 22W '' WITNESS the following signature and seal: G L Z• 1¢ � (SEAL) OHN E. HART k. 00- — (SEAL) SHANNON K. HART STATE OF • ' COUNTY OF K4L.. �, fr:�� , to -wit: Acknowledged before me this 14-_ day of November 2005 by John E. Hart and Shannon K. Hart, husband and wife. My commission expires: NOT PUBLIC ViRGINIA: FREDERICK COUNTY, SC . Thia instrument of writing web Produced to the on or• is pp at y'3� fl m Ott with certificate of acknowlcdgerttent `•'Ltheretoanrtexcd " admitted to record. T im Pad try Sc _ X 1-W2 of , and 58.1.801 hsve been paid, if ttaees"ble 4'--4 444�, C:lert 1 Douyc McCu" mrom t ca q'ia t it Uv p1 W.9106o S"d WV00W. Vk" -*d 40 0 m rn w 0 0 /J7\ GREENWAY ENGINEERING %47 151 Windy Hill Lane F,,,,,dcJ !n ,,;; Winchester, Virginia 22602 T R A N S M I T T A L Project Name: AT&T Microwave Tower — CUP Application File No: 5387 Date June 24, 2010 To: FC Planning From: Evan Wyatt Attn: Mark Cheran GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Hi Mark, Please find attached the information required for filing of the AT&T Microwave Tower Conditional Use Permit Application. Please review this information and advise me if you need anything else at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Please Print Name: Date: eQ I� 2 10 'T