By MAX THORNBERRY
For The Daily News-Record 9/20/18
NEW MARKET — Town Council approved a conditional-use permit and a letter of recommendation Monday night for the Shenandoah Valley Battlefields Foundation.
The permit allows the foundation to convert a parsonage at 9276 N. Congress St. into a museum/archive and gift shop.
Earlier this month, the Planning Commission recommended the permit be approved. The permit will take effect when the foundation purchases the property, explained Todd Walters, New Market town manager.
“I know there was a little bit of concern … that you would be granting a conditional-use permit to a piece of land the church owns, and the battlefields foundation does not,” Walters said. “The conditional-use permit would take effect upon ownership. … It would not be affecting the church’s property if something happens and the sale falls through.”
Walters said requests like this come up when the purchase of land is contingent on the buyer’s ability to rezone it.
Council voted unanimously to approve the permit. However, debate over a letter of recommendation the foundation requested from the town earlier this year dominated the evening.
Kevin Walker, the foundation’s chief executive, said the request would allow the organization to obtain grants to pay for the parsonage without bringing other projects “grinding to a halt.”
The foundation is obtaining a loan to pay for the parsonage and is relying on state and federal grants to repay the debt quickly. Walker said the group is going to buy the property regardless of it if receives the grants.
A conservation easement on the land being purchased is the major requirement of the grants the foundation is seeking.
“In order to qualify for the grants, what the state and federal government is purchasing is … the right to protect that property’s historic integrity,” Walker said. “It would be a Virginia- held easement.”
Virginia will not place any land in a conservation easement unless local governments make that land eligible for such an easement, he said.
The conservation easement was a sticking point for Sonny Mongold, a planning commissioner.
“A conservational easement in the middle of downtown New Market, that’s ludicrous,” Mongold said. “I can’t believe you would vote for that. You’d give up all your rights to control that land.”
Walker said New Market isn’t giving up any rights. Instead, the town is assuring the land will be protected and other projects won’t be affected.
“The town does not give up any of its authority that it would typically have over any other property in town,” he said.
Jason Ham, the town attorney, agreed with Walker, saying the easement wouldn’t prevent the town from condemning or reclaiming the property through legal channels if necessary.
“The idea that the town somehow loses all control over this property because of a conservation easement is simply not true,” Ham said. “Whether or not the town decides to do this is purely a political decision.”
Deborah Dralle, a neighbor of the property, said council shouldn’t worry about the conservation easement and trust the foundation will make a good neighbor.
“Being a historic property, there is tremendous control by the state over what happens on that property,” Dralle said. “They’re only allowed to make very minor repairs and changes to it.”
Councilman Tim Palmer, who is also a member of the Planning Commission, wasn’t swayed by any arguments, saying he couldn’t, in good conscience, support a conservation easement.
“I personally would not want to start parceling out small pieces of property to any particular organizational interest because there are several different organizations that ask for conservational easements,” Palmer said.
He noted that Walker and others mentioned a number of other properties the battlefields foundation owns in New Market that have conservation easements on them — including the Strayer House downtown.
“It’s been mentioned on a couple of occasions that this isn’t any different than any other property that’s in the town,” Palmer said. “Actually, it is very much different in that this piece of property lies right in the middle of our future growth for New Market.”
Councilwoman Peggy Harkness said council didn’t need to be concerned about the conservation easement impeding growth. Because the property and others adjoining it are historical landmarks, they are unlikely to be built over — regardless of easements being in place or not.
“It’s a small parcel with a home on it that’s going to be turned into an asset,” Harkness said. “They’re going to buy the property. They’re going to preserve it. In my mind, why wouldn’t we help them with the letter?”
Councilman Larry Bompiani agreed with Harkness.
“This is going to be the Williamsburg situation,” he said, “where they are bringing tourists to us.”
Council approved the foundation’s letter of recommendation on a 4-2 vote with Scott Wymer and Palmer dissenting.
Walker said the foundation is “trying to actuate the plans you laid out long before I ever moved to New Market. I really believe what we are asking for is what is going to be in part what makes tomorrow better for New Market.”