Demolition permit for Arcadia mansion halted by executive order

May 24—A demolition permit for Arcadia, a historic mansion off Buckeystown Pike with a storied past tied to key moments in the Civil War, was catalogued by Frederick County in mid-March.

Two months later, Frederick County Executive Jessica Fitzwater issued an executive order that temporarily halts the county from issuing a demolition permit to any building listed on a national historic register, but not a county historic register.

Arcadia is the only building in the county that meets the executive order's criteria, according to an official in the county's Division of Planning and Permitting.

Historic preservationists applauded Fitzwater's executive order and called it a "reprieve."

But an attorney representing Arcadia's owner said they were caught off guard by the order's lack of public notice, considering its broad effects.

"We were pretty surprised there wasn't really any public notice for something that seemed to be this wide reaching," said Noel Manalo, an attorney with the Frederick-based law firm McNees, Wallace & Nurick.

During the nine-month hold on demolition permits outlined in the executive order, the county's Ordinance Review Committee will analyze the county's historic preservation ordinance and recommend updates that include a demolition permit review process for nationally historic structures that lack a county historic designation.

That committee includes representatives of building and development industries and owners of properties on the county historic register.

The committee will makes recommendations to the county's Historic Preservation Commission for review, which will share its own recommendations with Fitzwater's administration.

Asked if the executive order directly relates to the Arcadia demolition application, Vivian Laxton, a county spokesperson, wrote in an email that the executive order aligns with a comprehensive update to the county's historic preservation ordinance that began in March.

"At this point in the process, it is too early to comment on protections for historic properties that are not on the County Register other than to note that this issue is being considered by the committee," Laxton wrote.

Manalo said demolition is not Arcadia owner Sam Shi's first choice as he considers the building's future.

Instead, Manalo said, Shi prefers to use Arcadia in a way that conforms with the South Frederick Corridor Plan.

The plan, which is being developed, will be a long-term county planning document that plots out best uses to maintain existing economic assets and foster future opportunity.

Shi hopes the plan incorporates Arcadia in its considerations, Manalo said, but Shi applied for a demolition permit to keep his options open, depending on what the plan ultimately determines.

Though Manalo would not comment on what Shi currently uses Arcadia for, citing active litigation, the property is listed on Airbnb as the "Extravagant 5 bedroom Arcadia Mansion."

The listing states that for $317 per night, up to 12 guests can stay in a beautiful 1700s mansion.

The Frederick County Division of Planning and Permitting issued four citations to Shi's entity, Arcadia 2020 LLC, in February 2022. They were for changing the use of the building without obtaining a zoning certificate or building permit, a fire code violation and two other permitting violations.

Court records show that Arcadia was fined $100 stemming from the Airbnb use.

Shi contested the citations and pleaded not guilty, but Frederick County District Court Judge Dino E. Flores Jr. found Arcadia guilty in December 2022. Shi is appealing that ruling and a trial is scheduled for August.

As Arcadia's future remains unclear, parts of its past are remarkably well documented, according to Jody Brumage, an archivist for Heritage Frederick, a Frederick County historical society.

Brumage said it was likely built between 1790 and 1800 and has a unique federal style reminiscent of houses in Annapolis, matching the background of one of its early occupants, Arthur Shaaf.

Shaaf was an enslaver and attorney who lived in Annapolis, but spent summers at Arcadia in Frederick, where he once hosted Francis Scott Key, according to a National Register of Historic Places inventory form.

After Shaaf's death in 1817, ownership of Arcadia changed hands many times in the 19th century, when its grounds hosted both Confederate and Union soldiers during the Civil War.

"Arcadia was strategically located for Frederick's various encounters with the Civil War," Brumage said.

In 1863, Union Gen. George Meade was headquartered at Arcadia shortly after he took lead of the Army of the Potomac and a couple of days before he and his troops marched to Gettysburg.

One year later, Arcadia served as a field hospital for Confederate soldiers who fought in the Battle of Monocacy.

A more consistent period of ownership followed Arcadia's Civil War experiences.

Dr. David McKinney, a federal surgeon stationed in the area during the war, bought the house in 1865. It remained in his family's possession until 1968.

The McKinneys meticulously documented Arcadia with more than 100 photographs and held on to receipts from various contractors as the house underwent renovations, according to Brumage.

He said this documentation and Arcadia's historical significance for both the county and state make it worth keeping.

"You just don't have that wealth of documentation for every historic property in Frederick County," Brumage said. "There's so much material available to really let people know and understand why this property and others like it are worth saving and preserving."

Arcadia's absence on the county historic register and its previous eligibility for demolition provide an opportunity to review how structures like it are protected, Brumage said.

"Hopefully, in the process of saving this one property," Brumage said, "we can craft practices going forward that would prevent the loss of historical places."