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Home My WebLink AboutAP201900002 Correspondence 2019-05-08ZUNKA, MILNOR & CARTER, LTD. John W.Zunka Richard H. Milnor Richard E. Carter Jennifer Z. Langley Elizabeth C. Southall Ashleigh M. Pivonka Via email amcculle(a-?albemarle.or� and U.S. Mail Amelia McCulley Director of Zoning, Albemarle County 401 McIntire Road Charlottesville, VA 22902 Attorneys at Law 414 Park Street P O Box 1567 Charlottesville VA 22902 Telephone 434-977-0191 Facsimile 434-977-0198 May 8, 2019 Magruder Dent, Jr. 1919-1994 Robert E. Taylor 1906-1998 Re: Response to Mr. Goings' Appeal of Zoning Administrator Determination of No Zoning Violation by Hilliard Estate & Land Management Dear Ms. McCulley: Our office represents Hilliard Estate and Land Management. We have reviewed Attorney David Thomas' letter to you dated February 4, 2019. It appears that Mr. Thomas takes issue with the Letter of Determination that you issued July 26, 2018. While we take exception to many of the allegations in Mr. Thomas' letter, it is not necessary for us to debate his assertions. The fact is, the letter of determination was given, the appeal period has run, and there is no further legal argument that can be made on the matter. Based on the Letter of Determination, Mr. Hilliard continued to operate his business in the manner in which it was operated prior to the Letter of Determination. He has operated within the bounds of the Albemarle County Zoning Ordinance and will continue to do so. We attach as Exhibit A photographs of Hilliard Estate and Land Management projects in this area as an introduction to the BZA as to the type of work HELM does and the type of equipment used in that work. We also attach as Exhibit B an email from Edward J. ("Ned") Kelly, III of Midway Farm, LLC explaining the role of HELM with Mr. Kelly and his wife Carita in the management of Midway Farm. Further, attached as Exhibit C is a letter authored by Fred W. Scott, Jr. sharing his 50 year involvement in Albemarle County agriculture and with HELM. Amelia McCulley May 8, 2019 Page 2 We share the photographs, Mr. Kelly's email, and Mr. Scott's letter not for the purpose of reconsideration of the Letter of Determination of July 26, 2018, because that Letter of Determination is final and non -appealable. This information is provided to the BZA by way of introduction of the services HELM performs as an agricultural services company. We urge the BZA to uphold the findings of the Zoning Administrator that there has been no zoning violations by HELM. The Zoning Administrator has passed on to Mr. Goings' lawyer the names of other entities to whom Attorney Thomas' complaints on behalf of the Goings may be directed, and those complaints are not properly before the BZA. Respect �(7 4 Richard E. Carter Attachments HILLIARD ESTATE & LAND MANAGEMENT PROJECT PICTURES 2016 — PRESENT vineyard trellis installation in Free Union (1 of 2) vineyara trews ►nstallat►on in Free Union (2 of 2) EXHIBIT 0ow s► 3 Vineyard trellis installation in Crozet (1 of 2). Lw " Vineyard trellis installation in Crozet (2 of 2). t.,�'t� :E Mi��ATia[YliY1R3"•s wl e� T�'�c'_� �. �.At.M>.'4.'�5.� Bundoran Farm: mowing & maintenance, deer fence bordering orchard also built by HELM (2 of 4). •;+ �T �y r ,rein' •.✓y� t .� �� J J "��;'� t ��,�} R AL - Full farm mow in White Hall — Main house, equestrian facility, horse paddocks. Reclamation work on a farm in Esmont. Cleared out early successional growth and invasive species, cleared trees off of backside of dam (1 of 2). pwo— ZAP Reseeding and erosion control after the dam was cleared (2 of 2). i c t- �."v'� T�, ti rr J •yam. �7Gy 4..J1 Ji Y• •- - i Pasture fencing in White Hall. Clearing Autumn Olive and invasive trees on a farm in Crozet. Planting warm season grasses on a farm Free Union (1 of 2). Planting warm season grasses on a farm in Free Union (2 of 2). Warm season grass meadow on farm in Greene County (1 yr after planting). _ a� .�� O� y,:.ib-.lS,. � hs�. �t f>14r �. ♦.J 'L -. •ii• HELM equipment being prepared to plant sunflowers on a farm in Crozet. Planting sunflowers in Keswick Sunflower field on farm in Keswick Soybeans being planted in Greene County through Winter Wheat. Thinning pines and early successional growth on a farm in Free Union Soil profiling for a potential vineyard site. Autumn Olive / and early succession removal project on a farm in Western Albemarle. r Building a new interior farm road to connect two properties in Keswick. Renovated interior farm road and replaced culvert on a farm in Western Albemarle. Pasture clearing project in Keswick (pasture design, seeding, and fencing completed by HEL". Stretching 8, 000' of woven wire on a Thomas Jefferson Soil & Water Conservation fencing project. Rebuilding over 5, 000 ft of pasture fencing for new equestrian facility in Esmont (1 of 2). �ii Rebuilding over 5,000 ft of pasture fencing for new equestrian facility in Esmont (2 of 2). r -tMAW�:}: River restoration project on the South River. In 2018, the river laterally migrated 20-30 feet, eroding into an agricultural field. Resource Environmental Solutions engineered and permitted the project, and HELM completed all restoration work. The old river channel was restored and the river bank was rebuilt in its pre -erosion location, utilizing a series of J-hooks and soil lifts. Staging equipment and materials on -site before beginning soil lifts (1 of 5). law Staking bio-engineering fabric for soil lift (2 of 5). Restoring old river channel — setting 1-Hook to stabilize bank and prevent future channel migration (3 of 5). After — April 2019, 2 months after project completion (5 of 5). John Zunka From: Edward J. Kelly III <ejkellyiii@gmail.com> Sent: Tuesday, May 07, 2019 4:27 PM To: John Zunka Cc: carter@hilliardmanagement.com Subject: BZA Submission John. Carter Hilliard has let me know about the proceeding before the BZA and has asked me to provide you with a description of what Hilliard Estate and Land Management ("HELM") does for us here at Midway Farm. I am happy for you and Carter to use this in whatever way you deem appropriate. As you know, my wife Carita and I bought Midway in 1997 and owned it continuously until 2012 when in connection with a gift transaction involving our children we formed Midway Farm LLC. Midway Farm LLC is owned by trusts for our children, but I am the Manager of the LLC and my wife Carita is the trustee of each of the trusts. HELM has been immensely helpful to us in the management of Midway. The vast majority of the land is cleared and HELM has cleared more of it over the years. We keep all of the fields and the paddocks for our horses closely -mown and HELM does that for us, while saving us the expense of having our own machinery and employees. Moreover, HELM helps us to monitor and maintain the turf in the paddocks. HELM also has installed new fencing for us and maintained the existing fencing both through necessary repairs and painting. In addition, HELM has assisted us with clean-up from storm damage to trees and clearing roads of snow. In short, what formerly required us to employ the services of several different people and organizations is now consolidated with HELM as it assists us in doing our best to maintain Midway to high standards. Owning and maintaining a farm is not an easy task. HELM has made it easier for us and for that we are grateful. I would add that HELM is both efficient and remarkably responsive which makes its services to us all the more valuable. I hope this is helpful. Please let me know should you have any questions or if there is anything else I can do. Best. Edward J ("Ned") Kelly, III Manager Midway Farm LLC 2600 Ridge Road Charlottesville, Virginia 22901 Sent from my iPad EXHIBIT FREDERIC WILLIAM SCOTT, JR. BALLYSHANNON - 5440 BALLYSHANNON LANE NORTH GARDEN, VIRGINIA 22959 May 8, 2019 To: Albemarle County Board of Zoning Appeals Re: June 5 Agenda "HELM/Carter Hilliard" Carter Hilliard owns and runs the finest agricultural service business I have known during my fifty-year involvement in Albemarle agriculture. He provides "custom farming services" at a level, and in a manner, we rarely see. He's well capitalized, has fine, well -maintained, equipment that's appropriate to his clientele. His custom services are his primary business and his outstanding crews (I personally know many of these men) are good and honest people who are a pleasure for me to see doing productive work. I occasionally get to chat with them as they work nearby at Bundoran, where I live. "Custom farming" has been a tradition here in Albemarle for many decades. As Albemarle has become more populated, it has come as no surprise to me to see such a specialized business emerge. My father, and then I, operated Bundoran Farm from 1940 until I sold it in 2005. For 65 years —when our own equipment was idle —we provided similar custom farming services to our neighbors (their tractors may have broken down, or they didn't own the right mower, etc.) and it made good economic sense to do so. It still does. As tractors and implements rose in price (the rig you see working can easily be worth $100,000 or more) the full-time use of equipment became more and more important. An idle machine is a money -loser, so we all —farmers and stockmen —tried to keep our machines and crews busy. It just makes good business sense. When I served on several County commissions and study groups —tasked with thinking about the future of our rural enterprises —about twenty years ago, we discussed the increasingly likelihood that a team such as HELM would eventually appear. This is a very good eventuality. The farms today are more tidy, safer, and the overall efficiency of the combined enterprises simply has to have been increased. There are plenty of farmers now who rely on HELM for their massively costly large tractors and own ... not a one. Smart. In the Midwest, this is a perfectly normal operating model, actually more common than not. Every farmer is a commercial operator —in business to make a profit just as is HELM. As soon as the economic incentive to prosper is removed, the enterprise is likely to fail. We don't need failing agricultural enterprises. We need profitable farms, and a service business like HELM plays a big part in maintaining that economic sustainability. It's very good for Albemarle that HELM is among us. I gather that this appeal is because "HELM is a landscaper." Not true. A byproduct of proper agricultural activities is, indeed, a neat and attractive landscape, but Carter Hilliard is no more a landscape contractor than I am the King of England. I have recommended HELM to many neighbors, and a goodly number have hired them. HELM is an outstanding team of hardworking people and they are completely trustworthy. The HELM crews occasionally store their equipment overnight in my sheds here at Bundoran so I see them frequently. I trust them all. When their leader... Carter Hilliard... tells me something, I can "take it to the bank." Most sincerely,�� Fred W. Scott, Jr. /►' V✓ HOME (434)293.9221 OFFICE (434)295.4188 CELL (434)953.5257 FSCOTT®B EXHIBIT C, C