Town Crier Articles

Board of Supervisors Mulls Eastern State Land Use Proposal

Posted on August 1, 2021 7:02 AM by Jim Ducibella

Categories: General, NTRA Business

A standing-room-only audience crowded into 101 Mounts Bay Road on July 13 for the James City County Board of Supervisors meeting, during which one of the main topics was a potential development connecting New Town to Commonwealth-owned land that is part of Eastern State Hospital.

Recently, Atlantic Builders of Virginia, which has an option to purchase part of the 400-acre lot, made a request for parcels C-1 and C-2 to be rezoned from public use to mixed use. The James City County Planning Commission approved the request by a vote of 5-2, opening the possibility of a commercial and residential development.

ABVA is proposing that access to a development encompassing approximately 85 homes be routed down Discovery Park Boulevard – and that the new development become part of New Town and its residential and commercial associations.

In a room occupied largely by New Town residents, at least five members stood before the Board to voice their concerns and disapproval for ABVA’s hoped-for plan. The Board indicated at the start that it did not intend to take any action that night, nor would it for an undetermined period of time.

Dick Durst, president of the New Town Residential Homeowners Association, spoke on behalf of the Association’s Board of Directors.

“Our first request is to leave the current land-use designation as it is; that is federal, state and county land,” Durst said. “We are very concerned about the environmental and logistical impact that such a large volume of homes could be built on this property, as well as the demands this will place on our infrastructure and the resulting increase in traffic on our already crowded roads and streets.

“Second, the New Town Residential Association and our members were never consulted by ABVA with a request to add New Town to the mixed-use request. We have not had adequate time to discuss positives or negatives by adding the volume of these homes to our Association.”

Resident Stuart Dopp explained that in addition to vehicular traffic, New Town is a haven for walkers¸ runners, cyclists, dog walkers, all of whom would incur increased danger from the type of additional traffic construction vehicles and, ultimately, residential traffic to the new development would present.

Initially, ABVA’s proposal would route construction and other traffic down Olive Drive and Discovery Park Boulevard. However, ABVA subsequently sent a letter to Durst and Jamestown District Supervisor Jim Icenhour walking back the proposal to use Olive Drive.

However, New Town resident Mark Newcomb pointed out that the letter was unsigned and under no letterhead.

“As an attorney, that means not much to me, just a piece of paper,” Newcomb said. “Our request is that before you approve the development . . . you get some kind of commitment in terms of a contract from ABVA so that they will develop what they present to you and not seek an extension beyond that so that we can protect the character and the ‘calm,’ if you will, of the neighborhood.”

Vernon Geddy, attorney for ABVA, emphasized that he would “publicly state to the Board” that the commitment ABVA made in its letter not to use Olive Drive was firm, and was based on responses received from New Town residents at the first of two recent Town Hall meetings. In fact, he said, he has been asked to draft a deed to convey to the Association a piece of property ABVA owns in that area that could be used for traffic.

“There will be no vehicular traffic through the Charlotte Park neighborhood,” he promised.

Geddy also reiterated that their proposal is “nothing but conceptual, not a detailed plan” because none of the (many) studies that will be done to determine the full impact of the project have not been done.

“We’d very much like to get to that stage,” he said. “We think this could be a win-win for the neighbors, the developer, the county and the Commonwealth.”

Finally, Geddy asked that “New Town” be removed from the title of the proposal, and that it be renamed “Eastern State.”

The Board of Supervisors did not take action on the proposed revisions to the Comprehensive Plan. Rather as announced at the outset by Chairman Hipple, the Board used the hearing as a listening session to take in input that can be used in further deliberations and work sessions on the final plan. Stay tuned!

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Don’t Forget the Downspouts

Posted on August 1, 2021 7:00 AM by NTRA Landscape Advisory Committee

Categories: General, NTRA Business

Does the rain runoff pool a little too close to your foundation or walkways for comfort? Does rain wash out your mulch bed onto the lawn? Well it could be your downspout, downspout block or lack of one or both. Some of them do go missing! Do you know where your downspout is?

Your gutters carry the water and debris that washes off the roof, but your downspouts do the rest of the work. Without them, all that water would drain at the base of your home, which can compromise the foundation. This can also create poor conditions for landscape crews working in the area passing through with mowers.

Inspect gutters and downspouts for rust, leaks, holes or corroded joints. Repair compromised issues, and replace any downspouts that are bent out of shape or beyond repair.

Often rocks placed at the end of downspouts need to be raked up or refreshed periodically. This can make a big difference in how rain water distributes at ground level. Take this opportunity to consider downspout extenders if necessary to provide better drainage and to avoid creating voids in the ground at the end of downspouts.

If your mulch bed edge doesn't seem to be holding the mulch in place after rain, your edging may be too shallow. You can use a half moon or square edge shovel or spade to create the depth you like, generally about 3-3.5" will work well.

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All August Articles (Text Only - No Photos)

Posted on August 1, 2021 6:55 AM by Town Crier Staff

Categories: General, Life in New Town, NTRA Business

The ABCs of Our Articles of Incorporation

Stuart Dopp

As you perused our NTRA Bylaws, you probably noted references to our Articles of Incorporation. It is easy to miss this document because it is so much shorter than all other parts of the large Disclosure packet we received when purchasing a home in New Town. Articles of Incorporation for HOA’s vary by state, but generally set the name of the the Homeowners’ Association; declare its function as a non-profit, mutual-benefit corporation; and identify its agent (the person authorized to receive legal notices on the HOA’s behalf). Our Articles also enumerate the obligations and authority of the HOA, set the terms of membership, and protect officers and others working on behalf of the HOA from some types of liability.

In essence, the Articles give legal status to the organization. It is the only Governing Document that must be available to members of the public and filed with James City County as well as the Corporation Commission of Virginia. Importantly, our current Articles provide for the appointment of Directors (who did not need to be Owners or residents) during the period of Developer Control, but also delineate the process for electing the Board of Directors by our members after the expiration of Developer Control (2020).

Because a large portion of our Articles of Incorporation concern the role of the Developers and are no longer pertinent, you can expect an even shorter, revised document for your review in the near future. Stay tuned as we finish unraveling the mysteries of our current governing documents and prepare to study the revisions, which will be as concise as the law and necessity allow. Your well-informed vote matters!

CRIER STAFF NOTE: The Articles are the final segment of our Crier series on the current NTRA Governing Documents. Look for the rollout of our new draft documents in the September Crier.

Board Buzz – August 2021

Rick Fisher, Treasurer

Update on Our 2021 Budget Challenge

We began the year knowing that it would be very challenging financially. In the 2021 Budget Town Hall Meeting in November, we discussed the following:

Managing Agent Financial Audit

Capital Contributions and Administrative Fees

Village Walk Irrigation

We have made excellent progress in each of these areas.

The Managing Agent Financial Audit began on May 17th and will conclude at the end of August. At that point in time, the Board of Directors (BOD) will receive an Audit Report which will be posted on the website.

Capital Contributions and Administrative Fees collected at closings for new sales and resales have been deposited in our Operating Savings Account. This has allowed us maximum flexibility to address incremental expenses not identified in the Adopted Budget. In the first six months of the year, a number of unbudgeted expenditures have been required (Note: some projects have been approved for completion but are not yet started):

Legal expenses associated with the rewrite/revision of our Governing Documents (originally anticipated to begin in late 2021/early 2022)

Need for two pool lifeguards to address Covid-19 Requirements

Consulting Services to assist the BOD in formulating the 2022 Budget

Playground Site improvements to address drainage, landscape screening for slide

Tree removal in Roper Park

Employment of an Independent Engineering Firm to inspect assets planned to be transferred from the Developer to the Association

The Village Walk irrigation system is being mapped with the direct involvement of the builder Eagle Construction and significant progress has been made. We are currently spending less in this area than Budgeted.

Major Association Assets identified in the 2019 Replacement Reserve Study, will require repair and replacement earlier than planned. Major items that have already been or must be addressed are:

Refurbishment of the pool pergola which was completed before the pool opening.

A complete resurfacing of the pool as well as caulking, filter recharging and skimmer replacements. The resurfacing is set to begin in the September/October time frame. This is two years earlier than planned.

As you can see, the BOD has been very busy addressing a large number of issues, all of which have a financial impact.

Board of Supervisors Mulls Eastern State Land Use Proposal

Jim Ducibella

Dick Durst, president of the New Town Residential Homeowners Association, spoke on behalf of the Association’s Board of Directors.

However, New Town resident Mark Newcomb pointed out that the letter was unsigned and under no letterhead.

In fact, he said, he has ben asked to draft a deed to convey to the Association a piece of property ABVA owns in that area that could be used for traffic.

“There will be no vehicular traffic through the Charlotte Park neighborhood,” he promised.

“We’d very much like to get to that stage,” he said. “We think this could be a win-win for the neighbors, the developer, the county and the Commonwealth.”

Finally, Geddy asked that “New Town” be removed from the title of the proposal, and that it be renamed “Eastern State.”

NEW TOWN SOCIAL AND SWIM

Activities Committee

Let’s enjoy the summer together! Come meet your neighbors, spend time with your friends and make new friends. Summer is short so let’s have an party by or in the pool! Find a sitter and join us for fun.

The NTRA Activities Committee will be hosting a Special Event on Tuesday, August 17, 5:30 – 7:00 PM. Put away those “Summertime Blues” for some summertime fun. RSVP’s will not be necessary for this party- we just want to see you there!

The pool is not normally open on Tuesdays, but because we want to have fun and are adults, the pool will be open for swimming and lifeguards will be on duty. Please invite your friends to come along and bring food and drinks of your choice. (Participants over the age of 21 are permitted to have an alcoholic beverage at this event.) You can even share with each other and get new recipes for next time! Drinks must be in plastic containers as nothing ruins a pool party like broken glass!! There will be a raffle for prizes (who doesn’t want to win a free prize?)

We are hopeful that we can have more parties going forward and would like your feedback. Would you attend monthly? Tell us what kind of events you would like. Some special themes suggested include: Beach Party Bingo, Hawaiian Night, Christmas in July, Beach Surfer Party, “Under the Sea,” ‘50’s – ‘60’s Party, etc. Send your suggestions to the Activities Committee at jbyrnesusa@hotmail.com.

Looking forward to seeing you on August 17.

New Town Pup Plunge

Activities Committee

Monday, September 6th, 7:30PM at New Town Community Pool

After the pool's closing for "human swimmers", bring your dog for some "canine companions" swim time. There will two time slots – one for dogs under twenty pounds and one for dogs twenty pounds and over. Dogs and their owners must register for this event.

THIS EVENT REQUIRES PRE-REGISTRATION OF YOUR DOG. Read the requirements for participation and submit your registration form by August 30, 2021.

This information is also available on the NTRA website calendar.

NT Dave's Deals - Earthfare

Jim Ducibella

The Holtgrieves, Dave and Paulette of Charlotte Park, are bargain shoppers and they take delight in finding a new deal. It could be food, or fun or furniture. They know how to do it, and they do it well.

In this occasional series (when they find something they like, they’ll let us know), we focus on a nearby grocery store that has re-opened its doors after a somewhat brief hiatus: Earth Fare on Monticello.

In February, 2020, the chain, which started in Asheville, N.C., announced it was closing its doors after 45 years. Known for their natural and organic offerings, it seemed like their absence would open a huge hole in the Midtown Row shopping center. But not long after declaring bankruptcy, Dennis Hulsing purchased the company and re-opened some of the stores, including Williamsburg.

There are some great deals to be had at this store, ad we’ll run down a couple of them:

Monday -- $6 for a Non-GMO fresh-roasted chicken, and fresh-baked baguettes, 2 two for $3

Thursday – 4-ounce super-lump crab cakes, 2 for $10

Friday – 16-inch, take-and-bake pizzas, your choice of veggie, pepperoni or cheese, $7

Quick Getaways -- Fort Monroe

Jim Ducibella

The Fort Monroe National Monument in Hampton is 325 acres of American history, 90 of which area concentrated around the fort. It spans the American story from before the 17th century European arrival to the 21st century: the American Indian presence, Captain John Smith's journeys, its place as a haven of freedom for the enslaved during the Civil War, and a bastion of defense for the Chesapeake Bay.

The Casemate Museum is open from 10:30 a.m. to 4:30 p.m. Inside, there are brochures, including one for a self-guided walking tour. There is a daily guided walking tour of the fort at 11 a.m. from Memorial Day through September forming at the Casemate Museum entrance. Guided tours for groups of 10 or more can be scheduled by calling 757-788-3391. The cost is $3 per person. Allow a two-week notice when scheduling.

For those who don’t know, construction on Fort Monroe began in 1819, and the fort was completed in 1834. It is the 396th unit of the National Park Service. It was established by President Obama on November 1, 2011 by executive order using the Antiquities Act, the first time he had exercised this authority.

There are 259 buildings and structures at Fort Monroe; 169 are historic. Fort Monroe is the fourth fort on this location (known as Old Point Comfort).The earliest fortifications, Fort Algernourne, were built by English colonists in 1609. Today, Fort Monroe contains 176 housing units, and approximately 160 families live there.

In addition to the history, there are numerous and varied available activities. Guests can fish off Engineer Wharf, located on Fenwick Road adjacent to Continental Park. A Virginia Saltwater Fishing License is required, which can be purchased at the Old Point Comfort Marina, or online at http://www.dgif.virginia.gov/licenses/.

There is one lifeguarded beach (Outlook Beach), though lifeguard service stops Labor Day.

In a 2009-2010 study, 89 species of birds were observed at Fort Monroe. Fort Monroe is home to a total of nine species of trees and a total of 249 species of flora representing 179 genus and 67 families of plants. The area has 136 native and 113 introduced plants meaning 55% of the plant assemblage of Fort Monroe is made up of native species and 45% of introduced species.

The Fort Monroe Event Calendar also provides additional information about on-site activities.

There is no fee at Fort Monroe National Monument. For more information, visit this website

https://www.nps.gov/fomr/planyourvisit/basicinfo.htm

Don’t Forget the Downspouts

Landscape Advisory Committee

Does the rain runoff pool a little too close to your foundation or walkways for comfort? Does rain wash out your mulch bed onto the lawn? Well it could be your downspout, downspout block or lack of one or both! Some of them do go missing! Do you know where your downspout is?

Inspect gutters and downspouts for rust, leaks, holes or corroded joints. Repair compromised issues, and replace any downspouts that are bent out of shape or beyond repair.

Pool Pizza Party Serves a Slice of Fun

Activities Committee

How do you get a whole bunch of people to agree on something? Make that "something" free pizza at the pool and offer prizes! Our Activities Committee did just that and drew a crowd of just under 100 residents to the pool on July 9!

Every attendee received a raffle ticket with entry and drawings were held for frozen treats at Sweet Frog!

Raffle winners (Sweet Frog):

Pat Bright

Marie Theil

Tracy Waible

Ken Fones-Wolf

Survey Results - What Business Would YOU Most like to see in New Town?

Residents Submission

The results are in! We asked you, New Town's residents, to share your wish list for businesses to come to our community. 37 of you answered! It looks like our community really misses their caffeine...

Results behind the link below!

https://www.surveymonkey.com/stories/SM-W9V2GWRJ/

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Latest on Eastern State Hospital Land Use Change

Posted on July 10, 2021 1:00 PM by Town Crier Staff

Categories: Life in New Town, NTRA Business

Submitted by Sarah Carey and Jim Ducibella

July 13 looms as potentially one of the most important dates in the history of New Town.

That night, representatives of Atlantic Builders of Virginia (ABVA) and New Town residents will appear before the James City County Board of Supervisors – ABVA with a plan to extend New Town onto property it currently has a contract to purchase at Eastern State Hospital. Given the reaction of many residents during July 6 and 7 Legacy Hall meetings, opposition to that plan is heating up.

Even if the Board of Supervisors approves the land use change, there will still be much to be considered, including numerous studies on issues such as increased traffic.

Public meetings on July 6 and 7 provided information many residents were unaware of.

Present at the July 6 Q&A session at Legacy Hall were John Hopke of Hopke and Associates Architecture firm, Vernon Geddy, attorney for Atlantia Builders of Virginia (ABVA), Jason Grimes of AES Consulting Engineers, Mike Youngblood of Twiddy Realty, also a partner and marketing consultant for ABVA.

Dick Durst, president of the New Town Residential Association (NTRA) Board of Directors, presided.

Perhaps the most important development from the meeting was ABVA’s pledge not to extend the intersection of Rollison Drive and Olive Drive, as initially appeared on its site plan. Instead, representatives said they will amend their plan to route traffic down Discovery Park Boulevard and around to the Eastern State site – if their more detailed zoning plan is approved by a James City County review and then by the County Board of Supervisors.

“Connecting with Charlotte Park is off the table,” Grimes said. [Crier Staff Note: On Friday, July 9th, ABVA wrote a letter to Mr. Icenhour and Mr. Durst with its commitments/plan changes. You may read it here.]

Revised conceptual plan from ABVA

Jim Icenhour, Jamestown District’s JCC Supervisor, who also attended the meeting and hosted another the next night, said a final decision might not come for at least several weeks after the July 13 hearing. Icenhour noted that another applicant’s development of two other surplus parcels of Eastern State Hospital land (north side) could add up to 1100 new residences.

Icenhour made several suggestions as to how residents can proceed and speak at the upcoming meeting. It is important, he said, that the presence of all residents at this meeting be recognized, i.e. stand as a group when one of our three speakers addresses the Board. (Dick Durst, Board President and two residents are scheduled to speak for our community.)

Icenhour challenged the audience to strongly consider what the community wants, and to make sure that it is in our best interest. Do we want to limit growth so that the area doesn’t resemble the sprawl that characterizes Northern Virginia? Do we want to share amenities? Do we want the potential development to include “New Town” in its name?

Questions were raised about increases in traffic. Can construction traffic be limited to Discovery Park Boulevard, and not continue down Casey Boulevard? Can there be designated times during which construction vehicles can enter our area? Icenhour answered that it could be done but would be difficult to enforce. Among other studies, VDOT would conduct one on traffic. Does there need to be emergency access, and could that ultimately impact the Rollison-Olive intersection?

At one point during the July 7 meeting, a resident asked attendees to raise their hands if they did not want this proposed development to be part of our HOA. Approximately two-thirds of those in attendance indicated they were opposed to such an arrangement.

Icenhour stated that this potential development has been unusual because it was raised during COVID when communication was limited; also, that while the state owns the property, the application came from the developer.

Icenhour noted that if ABVA pulls out of the contract, there are other developers who have already expressed an interest in the Eastern State property, which is owned by the Commonwealth of Virginia – and which the Commonwealth is highly motivated to sell. Those developers would have to go through the same process as ABVA is at present and might also include the Rollison/Olive connecting road in its proposal.

Other newsworthy items included the possible connection of the Eastern State development with NTRA. That is not a given; New Town residents, either the NTRA or the New Town Commercial Association, could reject having the new addition, and the new development would then have to form its own homeowners association.

Please call or write to our Board of Supervisors https://jamescitycountyva.gov/212/Board-of-Supervisors to let them know how you feel. If you cannot attend, watch the hearing on the JCC website livestream.

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Bygone Bylaws: the Basics

Posted on July 1, 2021 7:03 AM by Stuart Dopp

Categories: General, NTRA Business

Now that we have all, I’m sure, studied the primary Declaration for New Town and the Supplementals, we can peruse the Bylaws in our big fat notebooks or e-document.

Our Bylaws delineate the roles, powers, and duties of the Board and establish the guidelines for conducting business. They also cover varied obligations such as insurance, address the role of the managing agent, and mandate some committees (e.g., Architectural Review) while allowing for others (e.g., Neighborhood Advisory Committees which was used for the original authorization for the Residential Advisory Board).

The caveat, of course, is that these existing Bylaws were written by or for the Developers, New Town Associates, LLC. Although the original Bylaws made some provisions for the day when New Town would be turned over to the homeowners, they are clearly no longer pertinent to our position as an independent Homeowners Association.

Many parts are just simply irrelevant now. Some examples: A great deal is said about Mortgagees since the lenders were of primary importance to the Developers in the early days of New Town’s development. Section 4.2 allows the (Developers) Board “from time to time elect to have the Association treated as a ‘homeowners association’” to satisfy IRS regulations. The list goes on…

Other parts of the Bylaws are in conflict with best practices: Section 4.3, for instance, says that “The Developer or an affiliate of the Developer may be employed as Managing Agent.” It thus allowed the Developer to hire Town Management even though there was a family relationship between the President and one of the Developers. Importantly, real practices are sometimes different than what is stated in our current Bylaws. They call for the Annual Assessments of our individual properties to be established in accordance with “the Declaration and these Bylaws,” yet they are currently not calculated in the manner prescribed.

Clearly, all of our governing documents, including the Bylaws, must be redone to reflect our new self-governance. The NTRA Board is working (with an attorney) on the re-write, so stay updated. You will need to vote when this work is complete!

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NTRA Committees Need Volunteers

Posted on July 1, 2021 7:01 AM by Maxwell Pfannebecker

Categories: General, Life in New Town, NTRA Business

All Committees are currently seeking resident members / volunteers / contributors. Please contact us NTRAwebsitecommittee@gmail.com to express your interest in one of the following

COMMUNICATIONS - help with the crier, social media & website

ACTIVITIES - help plan fun activities for residents

ARCHITECTURAL REVIEW - establish & enforce guidelines & standards

ASSET MAINTENANCE - maintain function and aesthetics of community properties

EMERGENCY PREPAREDNESS - coordinate communications with local emergency services, provide direction to relief in event of emergency

FINANCE COMMITTEE - advise Board of Directors on NTRA financials and funding

LANDSCAPE ADVISORY - keep New Town beautiful, govern landscaping operation, planning, maintenance, and changes by property owners

POOL COMMITTEE - create and maintain standards and policies for our community pool

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Know Your Rules: Signs – Spreading the Joy? Maybe Not

Posted on July 1, 2021 7:00 AM by Mary Cheston

Categories: General, NTRA Business

What do these photos have in common?

They all represent illegal signs posted by residents of New Town.

Yes, I used the term “illegal” because the Rules of the New Town Residential Association (NTRA) prohibit the display of most common signs. Truth be told, we’d love to celebrate the arrival of your new baby or your child’s graduation with you. If the Covid pandemic has taught the world anything, it is the value of connections and community. But our NTRA Rules (2005) do not account for any of these signs.

Article 7.1(o) of the Master Declaration of Protective Covenants and Restrictions states that except for signs posted by the Developer or the Association and standard “for sale” signs, “no signs of any character shall be erected, posted or displayed” in a visible location. Per the Master Declaration any other permitted signs must be identified in the NTRA Rules.

So what exactly do the Rules permit?

For sale/rent signs in the special New Town format (available from Town Management)

Builder advertising signs

Political candidate signs during election periods

Homeowner event signs from the NTRA

That’s it – no security system signs, no gardening signs, no personal signs of any kind. And signs are proliferating – there are at least 11 different varieties of security systems signs throughout our neighborhoods.

So we have a situation of widespread noncompliance with the Rules. In this case, the Board of Directors is not proposing to confiscate your signs or fine you – for now. We will add “signs” to the long list of issues that need to be revised in our new Governing Documents.

Please don’t shoot the messengers. Board Members live here too and our purpose in sharing these facts is to make you aware of why change is needed in our Governing Documents. 16 years is a long time to go without refreshing the information that serves as the foundation for our homeowners association – or any organization.

We are seeking your support and your ideas – how should we control signs in our community?

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All July Articles (Text Only - No Photos)

Posted on July 1, 2021 6:58 AM by Town Crier Staff

Categories: General, Life in New Town, NTRA Business

Bygone Bylaws: the Basics

Stuart Dopp

Now that we have all, I’m sure, studied the primary Declaration for New Town and the Supplementals, we can peruse the Bylaws in our big fat notebooks or e-document.

Other parts of the Bylaws are in conflict with best practices: Section 4.3, for instance, says that “The Developer or or an affiliate of the Developer may be employed as Managing Agent.” It thus allowed the Developer to hire Town Management even though there was a family relationship between the President and one of the Developers. Importantly, real practices are sometimes different than what is stated in our current Bylaws. They call for the Annual Assessments of our individual properties to be established in accordance with “the Declaration and these Bylaws,” yet they are currently not calculated in the manner prescribed.

Pool Pizza Party July 9 - RSVP here

Activities Committee

Activities committee will be hosting a Pizza Party at the pool on July 9 5:30 - 7:00

Your RSVP is helpful so that we will have enough pizza, but minimize waste

More Info HERE

BOARD BUZZ – July 2021

Mary Cheston, Director

“We all want progress, but if you’re on the wrong road, progress means doing an about-turn and walking back to the right road; in that case, the man who turns back soonest is the most progressive.” CS Lewis

This quote brings to mind two of the major challenges facing our Association: 1) revising our governing documents to reflect the operation of a homeowner-controlled HOA, and 2) a likely rezoning fight over adding additional property to the NTRA.

Governing Documents Revision

In June the Board of Directors finished its initial review of new draft documents written by our Association attorney. Our comments will now be reviewed and the documents revised to incorporate the many changes the Board feels will improve these texts. By September we hope to have a satisfactory version of the drafts to share publicly with homeowners. Our current governing documents are the “wrong road” and the only way we can progress as a community is to start over on the “right road” with a stronger and more appropriate Master Declaration, Supplemental Declaration, Bylaws and Articles of Incorporation.

Eastern State Hospital Surplus Property to Become Mixed Use Land

Meanwhile, a “tsunami” arrived on our doorstep on June 12th in the form of proposed revisions to the James City County Comprehensive Master Plan, Our County, Our Shared Future. These revisions include a redesignation of Eastern State Hospital surplus land for Mixed Use so that 324 acres of this federal land can be developed over the next 20 years. The State of Virginia is anxious to sell the property, and ABVA Development LP¹has a contingency contract to develop the two parcels of land immediately adjacent to Charlotte Park (C-1 and C-2). Their land use proposal (LU-20-0002) envisions building up to 235 homes (both detached and townhomes) on this land.

The “wrong road” in this case is that these 81 acres have been labeled as “Mixed Use – New Town” based on ABVA’s land use application and its proximity to New Town. The application states that “The Property would be subjected to the New Town covenants and restrictions, owners would be members of the applicable New Town owner’s association and all development would be subject to the New Town Design Guidelines.” Based on this presumption, County staff titled these parcels “Mixed Use-New Town” and throughout the Plan incorporated language such as “any portion of the Eastern State Hospital property to be brought into the New Town development.”

All of this has been done without any consultation with the Board of Directors or knowledge of NTRA owners.

To be clear, no land can be annexed or lots added to the New Town Residential Association without the consent of the Association. The parcels being sold are not included in the New Town Master Plan or covered in our Master Declaration. So, although there may be a desire by the developer to market this area as New Town and although the new Comprehensive Plan will certainly add to confusion and misleading assumptions in the future, the property is not in New Town.

Not yet at least.

In my opinion most grievous part of the ABVA application is the intention to access the new development by extending Olive Drive. That’s despite the fact that VDOT and County specialists have advised that neither Olive nor Rollison Drive can sustain the heavy traffic and stormwater impacts of this development without reinforcement. Where will the land come from to widen these streets?

Think about the increased traffic and the effect construction cut-through will have on the community character of Charlotte Park – including our pool complex, the Federal Townhomes and Roper Park. A second site access point is Discovery Park Boulevard and while wider, its increased traffic would create an issue affecting thoroughfares like Casey Boulevard and the vibrancy of Chelsea Green. With new office complexes and 235 additional homes, this

In just 10 days, my Charlotte Park neighbors garnered written objections of 114 NTRA owners – 20 % of the Association - to this land use application to bring to the June 24th Planning Commission hearing. ABVA representatives personally lobbied some owners, saying they want to do the right thing for New Town, that they may remove the Olive Drive cut-through and work on buffers. But they’ve also threatened/warned that if they do not prevail, a large developer will snatch up the land and be even worse.

Nonetheless, as of today, ABVA has not amended their June 2020 JCC application or adjusted its drawings. The Planning Commission approved it and is recommending the Board of Supervisors also approve it as submitted.

This storm was set in motion years ago. A 2008 study about the future of Eastern State Hospital has driven this planned expansion. In 2013, the County platted and reserved all of Olive Drive as a right of way “with the intent of being extended and continued in order to provide ingress and egress to and from future subdivisions of the remaining parcel and to and from adjacent parcels…” Rollison Drive Lot CA-6A was never developed and is still owned by ABVA, although this plat, incorporated into our Supplemental Declarations, says that “All Common Areas (C.A.) shall be dedicated to” the Association.

Can the NTRA prevail in the future? The stakes are high and affect all of us.

So, what could the “right road” look like at this point?

ABVA could revise or voluntarily withdraw its application to allow more time for the consultations and input it says it wants.

The Board of Supervisors could reject or delay approval of LU-20-0002 to provide for its revision. The Board could also revise descriptive text in the plan to clearly separate New Town and protect the Charlotte Park neighborhood. (Since the Planning Commission recommended approval of the draft Comprehensive Plan, the final adoption of the plan moves to the James City County Board of Supervisors. That public hearing is scheduled for July 13th.)

To those who say ‘it’s only a plan”, “the real changes have to go through rezoning” where there can be negotiations over density, access, etc., I would reply that our community has endured 15 years of construction. We are already behind in this process of defending our small-town community and lifestyle and have lost some ability to influence the outcome. The Comprehensive Plan is considered “rigid guidelines for development.” Since ABVA has a purchase contract with the State, formal rezoning of the property is likely to begin within a year – Not 20. Our Association will be negotiating and likely fighting and spending legal fees for months to come.

Yes, mixed use at Eastern State was probably inevitable. But New Town is already a model, complete mixed-use community in James City County. How can we make this new land use change the progress we want?

You have two opportunities to learn more - both at Legacy Hall:

July 6, 7PM - an NTRA Owners Town Hall with a presentation by ABVA Development LP
July 7, 7 PM James City County Supervisor Jim Icenhour will hold a listening session with New Town residents so that you may learn more about the County's land use redesignation process and share your concerns.

Look for emails with more details on these meetings.

_______________________________

¹ ABVA's builder Atlantic Homes has been New Town’s primary developer.

NTRA Committees Need Volunteers

Max Pfannebecker; Chair, Communications Committee

All Committees are currently seeking resident members / volunteers / contributors. Please contact us NTRAwebsitecommittee@gmail.com to express your interest in one of the following:

COMMUNICATIONS - help keep your neighbors informed. Contribute with the crier, social media presencem and/or website maintenance

ACTIVITIES - help plan fun activities for residents

ARCHITECTURAL REVIEW - establish & enforce guidelines & standards

ASSET MAINTENANCE - maintain function and aesthetics of community properties

EMERGENCY PREPAREDNESS - coordinate communications with local emergency services, provide direction to relief in event of emergency

FINANCE COMMITTEE - advise Board of Directors on NTRA financials and funding

LANDSCAPE ADVISORY - keep New Town beautiful, govern landscaping operation, planning, maintenance, and changes by property owners

POOL COMMITTEE - create and maintain standards and policies for our community pool

NT Dave's Deals

Jim Ducibella

Which deal do you prefer? Why not try both!

Lunches are a special passion of theirs. Better prices, smaller portions, fewer people to jockey with for a table.

In this occasional series (when they find something they like, they’ll let us know), we focus on two New Town staples – Buffalo Wild Wings and Which Wich and a couple of special midweek enticements that are offered on a regular basis.

On Tuesdays at Buffalo Wild Wings, you can place an order for bone-in wings and get a second order free of charge. Small, medium or large. Doesn’t matter.

On Thursdays, the same offer at BWW applies for boneless wings. You get to choose from the same array of sauces, and they’ll put them on the side in case you wish to take leftovers home.

In between days, there’s $5 Wicked Wednesdays at Which Wich. A sandwich of turkey, roast beef, pepperoni, bacon, with cheddar, provolone, pepper jack cheese, lettuce, tomatoes, red onions and mayo is just $5.

That’s hard to believe – and no coupon is necessary.

Know Your Rules: Signs – Spreading the Joy? Maybe Not

Mary Cheston, Board of Directors

What do these photos have in common? They all represent illegal signs posted by residents of New Town.

Yes, I used the term “illegal” because the Rules of the New Town Residential Association (NTRA) prohibit the display of most common signs. Truth be told, we’d love to celebrate the arrival of your new baby or your child’s graduation with you. If the Covid pandemic has taught the world anything, it is the value of connections and community. But our Rules (2005) do not account for any of these signs.

So what exactly do the Rules permit?

For sale/rent signs in the special New Town format (available from Town Management)

Builder advertising signs

Political candidate signs during election periods

Homeowner event signs from the NTRA

So we have a situation of widespread noncompliance with the rules. In this case, the Board of Directors is not proposing to confiscate your signs or fine you – for now. We will add “signs” to the long list of issues that need to be revised in our new Governing Documents.

We are seeking your support and your ideas – how should we control signs in our community?

Quick Getaways -- Jamestown-Yorktown Freebie

Jim Ducibella

Gas prices being what they are, this might be a good time to look for activities even a little closer to home than the usual fare offered here. The Jamestown-Yorktown Foundation has the perfect answer for those living in a wide variety of zip codes, including 23188.

Free admission.

That’s right, the Foundation recently announced that to show appreciation to the local community, free admission is available to residents of James City County, York County, City of Williamsburg, William & Mary students and active military.

That’s not an inconsequential savings. General admission to Jamestown Settlement and the American Revolution Museum at Yorktown is a combined $28.90 for adults, $14.45 for ages 6-12.

All each guest needs to do is show proof of residency, whether that be a valid Virginia driver’s license or digital copies of a utility bill. William & Mary students need to show a current student ID card.

The offer includes general admission to Jamestown Settlement and the American Revolution Museum at Yorktown, including daytime special events and special exhibitions. Attendees can enjoy museum gallery exhibits and films, shopping in the museum gift shops and dining in the café.

According to the Jamestown-Yorktown Foundation website among the exhibits available between now and March of 2022 is titled “Focused: A Century of Virginia Indian Resilience.”

It’s principally a photographic exhibition in collaboration with Virginia Indian tribal communities that is drawn from collections held by the Smithsonian Institution’s National Museum of the American Indian, as well as images from anthropologist Frank Speck (1910-1930s). Also featured is the work of Baltimore Sun photographer A. Aubrey Bodine from the 1940s and 1950s.

As the title suggests, the exhibit focuses on the resilience of Virginia’s Indian population, from the passage of the Racial Integrity Act of 1924 to the contemporary efforts of 11 Virginia tribes to receive state and federal recognition.

At Yorktown, the Yorktown Battlefield Museum, two unique exhibits are temporarily closed due to Covid. The Moore House (site of negotiations between two British officers and two allied officers immediately before Gen. Cornwallis’ surrender) and the Nelson House (home of Thomas Nelson, Jr., commander of the Virginia militia at the siege of Yorktown and a signer of the Declaration of Independence) remain closed. However, that is subject to change as restrictions are relaxed.

It would be best to phone the Colonial National Historic Park – Yorktown to hear a recorded message with updates on Yorktown and Jamestown. The phone number is (757) 898-2410.

For more information visit these websites https://www.visitwilliamsburg.com/attractions or jyfmuseums.org, or historyisfun.org.

"New Urbanism" at Heart of New Town Experience

New Town Commercial Association & Crier Staff

They likely won’t use this exact phrase but ask residents of New Town why they live here and most of them will point to the development’s philosophy of “New Urbanism.”

In short, New Urbanism refers to a community of homes and businesses that buck traditional design by interspersing homes and businesses among one another. Residents can live above restaurants like Center Street Grill, look over at trendy stores like Trader Joe’s, walk to Regal Cinema, Sola Salon Studios, Barnes & Noble and American Family Fitness. There’s even a small seasonal vegetable stand in the parking lot between Williamsburg institution Paul’s Deli and Ironbound Gym.

They can opt for inviting views of wooded areas or the community swimming pool. There’s something for every taste here, enhanced by businesses that front broad, brick-lined sidewalks, wide crosswalks, bike racks, streetlamps and welcoming benches.

At the heart of New Town’s public square is a fountain, with jets of water that arc toward the center – a striking feature that traditional development abandoned in the slide toward strip malls geared toward motorists.

Yet regardless of how well maintained, how eclectic and how welcoming a community is, the pandemic, supply problems and the nation-wide shortage of workers can have a negative impact anywhere.

According to an April article in The Wall Street Journal, roughly 200,000 establishments closed just during the first year of the pandemic. Even as we come out of the pandemic, the Federal Reserve acknowledges that many businesses continue struggling to remain open.

New Town is no exception.

Lately, residents say that there is a disturbing number of empty storefronts. National merchants like Pier 1 and Stein Mart have departed; other “mom and pop” businesses have followed suit. Adjacent to the movie theater, there have been at least two candy stores in the same location and two Mexican restaurants. One block or so away, two or three Italian restaurants have shuttered. Main Street seems particularly hard hit.

So The Crier wants to hear from you, the residents. We’ve placed a poll on the NTRA Facebook page (link). Tell us what businesses you would like to see come to New Town. Maybe you have a favorite restaurant you frequented when you lived somewhere else. Maybe you can envision a “Cheers”-type hangout doing well here. Perhaps a men’s clothier.

Here’s a chance to tell us, and the Commercial Association, what you think.

There is much to appreciate about New Town’s design. There are hundreds of homes within walking distance of the community’s 170 or so shops, restaurants, medical offices, personal-service options and entertainment venues. Houses often front greenspace, such as a public park. Homes of numerous styles and price points – freestanding and attached, apartments and live-aboves – welcome a diverse cross-section of residents who have a range of needs.

They likely also have a wide range of opinions on how what is already an excellent place to live could be even better. We’re anxious to hear them.

Meet Your Lifeguards

Max Pfannebecker

Every summer we like to introduce you to our community pool lifeguards...and if you spend as much time at the pool as my family does, they sort of become family. This year both of our lifeguards have traveled here from Jamaica.

For Trace Beckford, St. Elizabeth, Jamaica is home. He's a father of two who enjoys soccer and describes himself as cool, humble, and hard working. He enjoys playing soccer in his spare time and says his favorite dish from home is Curried Chicken & White Rice.

Your other lifeguard, Richard White, hails from Setmore, Jamaica. Richard describes himself as quiet and calm and enjoys swimming and working out when he's not life guarding. His favorite traditional dish from home is Aki & Saltfish.

Please give these guys a warm welcome and introduce yourselves!

NEW TOWN TALK: WE’RE NOT JUST BOOKS

Barry Trott, Special Projects and Technical Services Director, Williamsburg Regional Library/Sarah Carey

This June 12th New Town Talk was focused on the digital resources on the Williamsburg Library website (www.wrl.org). The two Apps to use are Overdrive and Libby. Help is always available, either by email, chat, text, phone call or coming into the library. Williamsburg Library in downtown is located at 515 Scotland St, Williamsburg and the James City County branch is located at 7770 Croaker Road, Williamsburg.

There are 6 digital collections.

Ebooks, of which there are 25,000, can be renewed 3 times and return automatically.
There are 13,000 downloadable audiobooks which are a great way to “read” while walking and helpful for the vision impaired. Once they are downloaded, they are offline.
There is a large digital magazine collection of 3200 issues!
Streaming and downloadable music can be accessed anywhere, anytime using the FREEGAL App for a total of 3 hours, but during the pandemic it was extended to 24 hours. You can download 3 songs/week and keep them forever.
Streaming video is through the Kanopy App. You can get weekly updates on new videos available. The video is available for 72 hours and can be streamed to a Smart TV.
The last collection is Learning at Home which offers resources for teachers, school age children and librarians. There is also a section on resources which includes such topics as ancestry, life-long learning classes, languages, arts and crafts.

Spend some time browsing the library website! It’s not just books.

New Town Talk: Interesting Virtual Distance & Local Activities in our Community

Sarah Carey

Thank you to Karen Durst and Ellen Weidman for researching activities to do virtually or locally in the area during COVID. Here is a brief recap of their May 10th presentation.

On your computer you can visit museums in other cities, such as the Musee d”Orsay in Paris and the Philadelphia Museum of Art. Google and Amazon via zoom have free and some for fee activities, such as wine tasting, cooking classes, travel experiences, dance lessons, and the programs are for adults and children. These are accessed via “explore virtual activities”. The Washington Post offers 30 minute free programs every weekday, the common topic usually current events and require registration. A listing of topics is available every Sunday in the WAPO. Every Friday at 5 pm the Frick Museum, via You Tube, hosts “Cocktails with the Curator”, BYOB and recipes for the cocktail of the time period being highlighted. The SmithsonianAssociates.org has virtual activities for a fee. Check out the NY Times Sunday At Home. There are daily virtual events such as a visit to Coney Island.

Local visits can include Colonial Williamsburg events which can be viewed on the CW website. Sign up for their daily emails which give a daily schedule, special events and a ,newsletter. Be sure to purchase a Good Neighbor Pass, good for entry to CW, at one of the ticket booths or online. There are 3 local farmers markets! Downtown Williamsburg 8-12 Saturday am, Yorktown 8-12 Saturday am and New Town on New Town Boulevard Saturday 10-4, Sunday 10-2. Jamestown Settlement and Yorktown Experience Museums are both free to Virginia residents. Williamsburg Contemporary Art Center offers a wide array of classes, not just art classes.

There are numerous regional wineries where you may bring a picnic and your dog. Most are located in highly scenic areas. Barboursville overlooks the ruins of Governor Barbours mansion and is owned by an Italian family from Tuscany. They have two tasting options – self serve tasting and the second seated in the wine library, reservation recommended. Keswick Winery has tastings outside only now and it has a fenced dog run. The King family winery in Crozet has tastings and polo matches to watch!

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Supplemental Swampland

Posted on June 1, 2021 7:03 AM by Stuart Dopp

Categories: NTRA Business

Perhaps you have dragged out the big notebook (or e-document) to study the original Master Declaration governing New Town. Kudos for due diligence! Now, it is time to tackle the swampy morass of the Supplemental Declarations. These are the documents that dictate services, easements, and some aspects of assessment protocols for the individual neighborhoods that constitute New Town. You will find a mess of contradictions and omissions in these Supplementals.

Each Supplemental identifies common areas within the neighborhood. Rightly, we should share in the cost for the upkeep of these spaces, as common areas and their beauty are shared by all residents.

Basic services for New Town lots are enumerated in Article IV, Section I of each Supplemental, including grass maintenance, trimming of trees and shrubs, sidewalk and streetlight repairs. Individual neighborhoods’ property assessments are supposed to stem from the services provided to the residences in that neighborhood. Let’s take Charlotte Park as an example of the swampy suction. Sixty-eight lots (covered by four Supplementals) do not have any services enumerated; twenty have basic services listed but have added responsibility for the maintenance of non-VDOT streets. Roper Park homes have a mishmash of basic services but varying requirements for maintaining easements, wetlands buffers, and non-VDOT streets. Village Walk adds a different dimension, as their assessments include exterior maintenance of housing.

Equally confusing are easements for Neighborhoods. Easement policies for utilities, NTRA-owned pedestrian ways, and drainage are found in Section VIII of the Master, but there is no consistency in what is covered by Neighborhood Supplementals. Abbey Commons and Chelsea Green, for instance, have no mention of utility and pedestrian easements —- only drainage. Some neighborhoods have roadways that are maintained by the Association rather than VDOT, and thus should require easements.

These discrepancies need to be addressed, of course. You recently received an e-blast letter from the NTRA Board concerning the need for revisions to all our governing documents, so you know that they are working diligently, with legal guidance, to rectify the issues. There is a process to make this work transparent; you will receive updates and opportunities to comment. What is most important is this fact: you must be part of the vote to adopt the finished product (probably late in 2021). Two-thirds of owners must approve. Lacking that, we will be drowning in a quicksand of illogical policies written almost twenty years ago under a different set of circumstances. That could also place us in murky legal waters. Stay tuned…….

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Transitioning Ownership of New Town’s Neighborhoods

Posted on June 1, 2021 7:00 AM by Jim Carey

Categories: NTRA Business

Ever wonder how James City County and the New Town Residential Association (NTRA) make sure the streets, alleys, open spaces, and other improvements are constructed properly? Well, here’s a brief summary.

First the county must provide its approval that requirements have been met. Since New Town’s development has evolved over 20 years, each section is reviewed as the work is completed. The townhomes and about half the single-family homes in Charlotte Park, and homes in Chelsea Green, Savannah Square and Abby Commons have final approvals.

Charlotte Park (Section 10), Roper Park townhomes and Village Walk are or will be in the county acceptance/final approval process and the ownership transferred to the NTRA in the next year or so.

The county acceptance process kicks off when all the homes are completed and ready for occupancy or occupied. At that time the developer’s engineer prepares and submits to the county as-built plans detailing how all the improvements, alleys, parks, walkways, stormwater systems etc. were constructed. The county staff compares these plans and on-site conditions to the plans which the county originally approved. Often the county requires the developer to take remedial actions if the as built plans and/or field conditions do not comply with the original plans and county construction standards. When the county gives final approval, it will release financial guarantees that the developer posted to guarantee its obligation to complete the area in compliance with county requirements.

The transition of ownership typically follows the county acceptance process. At this time the developer works with the NTRA to transfer ownership of the alleys, walkways, parks, stormwater systems etc. to the NTRA. (Homeowner associations often retain professional assistance in conducting a due diligence review.) Currently the developers are pursuing county acceptance for the remaining area of Charlotte Park and Village Walk. Atlantic Homes, the developer, has not yet initiated any county review for Roper Park.

James City County conducted its field review of Charlotte Park last August. The county subsequently issued a number of letters detailing deficiencies for corrective actions. The developer is still working to correct these items. So if you’ve seen plantings and curb/alley work around Christine Court, this is part of Atlantic Homes’s commitment to fix deficiencies. Once the necessary changes are submitted to the county, we will have a professional engineering firm participate in the final inspection on our behalf.

According to David Carter of Village Walk, James City County inspectors and NTRA representatives have similarly met and identified a variety of issues that Eagle of Virginia, LLC is required to address in Village Walk before the transfer of assets can be completed. Some of these punch list items as well as planned amenities like benches and additional landscaping have already been addressed or are scheduled for completion shortly.

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