Civil War News For People With An Active Interest in the Civil War Today

Development Threatens Shepherdstown Battlefield
By Deborah Fitts
Feb./March 2005

SHEPHERDSTOWN, W.Va. - A group of homeowners is hoping that the battle of Shepherdstown will help make their case against a planned 152-unit subdivision in their neighborhood.

A Maryland developer has passed a first hurdle with Jefferson County to build the homes on 123-acre Faraway Farm. The tract, about two miles southeast of Shepherdstown, includes a brick farmhouse built around 1776 that is mentioned in several eyewitness accounts of the battle.

Edward Dunleavy, head of Citizens United to Save Faraway Farm (CUSFF), asserted that much of the battle of Shepherdstown took place on about three-quarters of the farm property.

"To be honest with you, when I moved here I didn't even know there was a battle of Shepherdstown," said Dunleavy. By Civil War standards, he noted, the 650 casualties ranked as a "skirmish."

"But it was an important battle," because it threw a scare into Union commander George B. McClellan in the wake of Antietam and convinced him to let the Confederate army under Robert E. Lee proceed south unmolested.

On Sept. 18, 1862, the day following Antietam, the Confederate army began its withdrawal back across the Potomac to Virginia at Boteler's (or Blackford's, or Pack Horse) Ford. On the 19th, pursuing Federals began pouring musket and artillery fire into the Southern positions from the Maryland side, and late in the day about 500 troops from the 5th Corps crossed the river and seized five Confederate artillery pieces before recrossing.

The following morning, three Federal brigades forded the river and set out toward Shepherdstown only to encounter troops from Confederate Gen. A.P. Hill's division hastening to answer the Federal threat. The Union force was ordered back across the river. But the recently formed 118th Pennsylvania Infantry, the Corn Exchange Regiment, stayed put, deploying on the bluffs above the ford in their first-ever battle. They were soon scattered; only 431 of the 700 men who began the assault returned to Federal lines

Dunleavy said his group of 35 neighboring households formed to fight the development when the plan began gaining steam in the fall. A former Manhattan resident and "a little bit of a Civil War buff," he bought 20 acres adjacent to Faraway Farm a year and a half ago and said he felt protected by Jefferson County's rural zoning.

Under the present zoning, Dunleavy asserted that no more than three dozen homes could be built on Faraway Farm.

That was before Faraway Farms LLC of Woodboro, Md., employed a provision in the county regulations that could allow them to sidestep the rural zoning requirements. Under the county's Land Evaluation Site Assessment, if a developer scores below a certain number of points (for soil quality, availability of water and sewer, proximity to "growth corridors," and impact on schools and other services), then the project can proceed to the next step in the permitting process.

The Faraway Farm development scored successfully. CUSFF filed an appeal with the county's Board of Zoning Appeals, citing numerous technicalities. But on Jan. 20 their appeal was denied, and Dunleavy said he would meet with an attorney to plan "what our next effort will be."

"We don't want to stop development," Dunleavy said, "but this area of Jefferson County has been zoned rural and we want to keep it rural."

He said his group would like to see the developer restrict the subdivision to the southern end of the battlefield, where there was no fighting, and donate the rest for preservation.

The tract, currently open farmland, was sold to the developer in July for $1.5 million. Jefferson County is one of the fastest-growing counties in the nation.

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