Comments At Arlington County Board Meeting, February 22, 2025.
In a February 3, 2025 letter to County Board HALRB urged Arlington County Board to delay approving the Melwood site plan proposal to redevelop the Nelly Custis School property until review of historic preservation of the school, which was initiated last June, is completed.
The school meets criteria for potential historic designation, requiring a formal study, which has been delayed by other County staff priorities until late 2025. Meanwhile, County staff has urged the County to approve a use permit for the Melwood site, including a 5 story building on the parcel occupied by Nellie Custis School. This constitutes a legal connundrum whereby demolition of the school could be approved before historic significance is determined.
Section 15.2 of Virginia Code (Va. Code Ann. § 15.2-2306) prohibits demolition permits until 30 days after a final preservation decision. Thus any action taken today to approve the use permit is unlawful on its face.
This situation mirrors actions across the Potomac River where the Musk Administration is dismantling entire federal agencies. Musk’s rogue operation violates constitutional law and longstanding precedent whereby only Congress has the authority to terminate agencies it has created.
If the Arlington County Board can brush aside its own legal requirements so easily, how can we expect them to stand up for the people of Arlington who face massive layoffs from a federal government that’s doing the same?
HALRB is simply pointing out that pushing forward with the site plan now goes against both County rules and state law. Let’s make sure we’re doing the right thing here. Please, pause the Melwood site plan process until we finish reviewing the Nelly Custis School’s potential for preservation.