Town Council in Regular Meeting Grants Heptad a Six-Month Extension, as Opposed to One Year, to File Their Development Plan

On Monday, December 11, at 7 p.m., the Front Royal Town Council held its first regular meeting of the month at the Warren County Government Center. The meeting, which lasted just 45 minutes, consisted in part of brief reports from council members, as well as the town manager and the mayor. Several honors were presented by the council to members of the community, and the Consent Agenda was passed unanimously.

Marie Funk, who attends Dominion Ridge Academy and is currently in the seventh grade, receives an honor as well as a gift certificate to C&C Frozen Treats after leading the council in the pledge of allegiance. She stands here with Mayor Lori Cockrell. – Royal Examiner Photos Brenden McHugh.

Front Royal local radio station is recognized and honored by the council after seventy-five years of being on air. Andrew Shearer, president of what is now WZRV (The River 95.3 on the FM frequency) and WFTR (AM 1450), stands with council members as he receives the honor. Over the course of seven decades, this enterprise has grown in broadcast power.

Council recognizes and honors the family of FRPD Lieutenant William P. Farrell, who died in 1991 of an illness he contracted in the line of duty. Council voted unanimously in favor of dedicating and naming the South Street bridge in memory of Lieutenant Farrell.

As the only item under “Business” on the evening’s agenda, council voted on whether to grant Heptad of the Swan Estates residential-based development proposal an extension to file their development plan. Initially, after Mayor Lori Cockrell asked for a motion, Councilman Bruce Rappaport said he would like to make a “substitution motion.” His motion would have been substitutionary insofar as he was moving for a six-month extension, as opposed to the year that was presented in the applicant’s request. It was noted in the staff summary that since 2016, council has granted Heptad a one-year extension every year.

The mayor then explained, “Because there has been no motion made, I don’t believe it’s considered a substitute motion … it’s the first motion … it’s just a motion.” Rappaport proceeded to move for a six-month extension for Heptad to file their development plan. The motion was seconded by Councilman Glenn Wood, and council approved Rappaport’s motion 4-2, with the no votes coming from Councilman Joshua Ingram and Councilwoman Amber Morris.

Joseph F. Silek, Jr., who was present that evening and legally represents Heptad, sent a letter to Planning Director and Zoning Administrator Lauren Kopishke, marked received on October 2, 2023. This letter was included in the evening’s agenda packet. “Please treat this letter as a request for an additional one-year extension.” The letter continues to read: “As justification for the request, on August 28, 2023, the Town Council denied Heptad’s proffer amendment application. Shortly thereafter, on September 13, Van Metre Communities, L.L.C., the contract purchaser for the project, terminated the contract because of the denial. As a result, Heptad will need to restart the marketing process for the property [Swan Estates]. Heptad will need at least an additional year to seek a new purchaser for the project who can be in a position to prepare and file a Development Plan. Over the past eleven (11) years, the Town Council has consistently granted an annual extension of the deadline for filing a Development Plan so as to permit Heptad the time it has needed to bring this project to fruition – a project which the Town Council’s own consultants have recognized will be beneficial to the Town.”

These past few months, the denial of the proffer amendment application has been the subject of litigation Heptad brought against the town council. The legal conditions under which Heptad was laboring, dating back to 2012, were, in the eyes of Heptad and its legal representation, unreasonable and unsustainable. As Silek’s letter to Kopishke indicates, the denial of the proffered amendment delayed the Heptad project at Swan Estates, “but what has happened,” Silek concludes, “can at least potentially be mitigated by this extension.” While six months is not what Silek requested on behalf of Heptad, will it be viewed as an acceptable compromise by the applicant? Time will tell.

At 7:45 p.m., the council voted to go into a closed meeting to discuss issues pertaining to personnel, litigation pertaining to Town of Front Royal v. Front Royal Limited Partnership, to receive legal counsel pertaining to property located at 201 East 8^th Street that the Town formerly owned, and to receive legal counsel pertaining to the obligations of the Front-Royal Warren County EDA.