The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Friday, September 29, 1995             TAG: 9509280167
SECTION: VIRGINIA BEACH BEACON    PAGE: 08   EDITION: FINAL 
SOURCE: BY GREG GOLDFARB, CORRESPONDENT 
                                             LENGTH: Medium:   86 lines

FERRY FARM HOUSE DECISION ANTICIPATED OWNERSHIP OF THE STRUCTURE IS IN DISPUTE, AS IS THE MATTER OF ITS PRESERVATION.

The troubled fate of the historic Ferry Farm Manor House appears one step closer to being decided.

Since last December, a battle has been brewing between the city, a real estate developer, four private investors and members of the Old Donation Farm Homeowners Association, whose custom-made homes were constructed around the deteriorating 19th century farmhouse.

They have been arguing over who owns the unsightly two-story brick building and how and if it should be preserved.

Also in dispute is an overgrown open field that neighbors share with the house but have not maintained because the subdivision's developer hadn't given them the deed to it, said Glenn R. Croshaw, an attorney for the homeowners association.

The homeowners have insisted that the open space issue be resolved, Croshaw said, before tackling the bigger question of whether one of the city's last remaining cultural icons is preserved or perishes.

Croshaw said Tuesday that he expected to receive the deed from the developer, Jerry T. Womack, this week, which will allow the homeowners to begin maintaining the 1 1/2 acres of community open space, which includes a tennis court.

After that, more attention will be focused on the house's future, Croshaw said. That issue remains in the city's hands because of the deed restrictions the City Council placed on the property in 1987.

``The ball's in the city's court,'' said Croshaw. ``But it's a litigation tangle for everyone.''

Croshaw said the Old Donation Farm residents, whose custom-built homes range in price from $200,000 to $700,000, haven't reached a consensus over what should be done with the deserted house.

The house has been vacant since 1987, but it didn't come to the City Council's attention until 10 months ago when its owners wanted to sell it to a couple to be used as a permanent residence. Council denied the request, 10-1.

Discussions over the house's future have included moving it, giving it away to a charity or non-profit organization, operating it as a museum, using it as a private residence, and tearing it down. It now stands condemned by the city as a public health hazard and has been cited for tall grass and overgrown weeds.

Croshaw said ``strong sentiment'' exists among some of the residents for tearing down the house and dividing the space between the existing homeowners, which would open up their back-yard views of the Lynnhaven River.

In addition, they say, the house is not aesthetically compatible with the existing neighborhood, nor does it have a long-term funding plan in place.

``They'd like to preserve something,'' Croshaw said, noting that a memorial or something like it could be placed to commemorate the site to reflect its role in the city's historical and cultural past.

Croshaw said the homeowners are united against the house being used as a residence and charge that Womack didn't have the legal right to sell the house last year to an investment group led by Michael E. Evans.

``It was an illegal and invalid transfer,'' said Croshaw. ``The sale was in violation of restrictions City Council placed on the house.''

Womack, however, disagrees and says he didn't need the city's permission to sell the house, and that he is no longer responsible for the house's welfare.

``There's nothing I can do, it's out of my hands,'' Womack said this week. ``I just went in it as an investor and I lost money. The lots didn't sell. I would like to see the house saved. I'd like to see someone live in it. That's the only way it's going to be saved. But I guess they'll just let it sit there and rot.''

Evans said he's confident that he owns the house, adding that he's on the verge of reaching an agreement with the city.

``We're real close to putting together a deal that's good for everyone,'' said Evans.

Two Virginia Beach City Council members familiar with the house and its history agree that there is a new plan afoot.

``There's been a proposal made that has some promise to it,'' said City Councilman Louis R. Jones, in whose Bayside borough the house is located.

``I hope we're going to be able to resolve this issue soon,'' said Pungo Councilwoman Barbara M. Henley.

The Ferry Farm Manor House, built between 1820 and 1850, served as one of Princess Anne County's first courthouses and was the site where Grace Sherwood was jailed for practicing witchcraft. It is located off Independence Boulevard, behind Pembroke Manor. by CNB