HomeMy WebLinkAboutSUB201600153 Review Comments 2016-12-02 Christopher Perez
From: Christopher Perez
Sent: Friday, December 02, 2016 10:56 AM
To: David Benish; Bill Fritz
Cc: John Blair
Subject: Re: SUB2016-153 John W. Smith—BLA
David/Bill,
Re: SUB2016-153 John W. Smith—BLA
I concur with John. Above is the sub#for the file we're discussing. The plat was ready for County approval
previously but the signature of the deceased was in question, its since been resolved per the email below and
should be ready to sign/approve. If you want to wait till I get back into the office on Monday, no problem. I just
know the buyer and seller and trying to meet a closing date for sale of the revised lot.
From:John Blair
Sent:Thursday, December 01, 2016 6:17 PM
To:Christopher Perez<cperez@albemarle.org>; David Benish<DBENISH@albemarle.org>; Bill Fritz
<BFRITZ@albemarle.org>
Subject:Chewning Plat
Messrs . Perez , Benish, and Fritz :
I have spoken with Page Williams concerning the boundary
line adjustment plat pertaining to property formerly
owned by John and Emily Chewning . The Chewning' s owned
by property as tenants by the entirety. I have
confirmed via case law that owning property in that
matter means there is an automatic right of survivorship
for the remaining spouse (tenancy by the entirety is
only available to married couples in Virginia) . Thus ,
if one spouse passes away, the entire property
automatically becomes the property of the surviving
spouse .
Based on this research, I concur with Mr. Williams that
a signature by Mrs . Chewning' s executor or administrator
is not necessary on the plat . I have communicated this
to Mr . Perez . Mr . Perez and I have been provided a copy
of the applicable death certificate . Based on his
1
earlier review and presentation of the death
certificate , the plat is ready to be signed by the
County without the signature of Ms . Chewning' s executor
or administrator .
Mr . Perez will not be in the office tomorrow. However,
he stated that Messrs . Benish and Fritz will be in the
office . Mr . Williams ' office may present the plat to
Community Development tomorrow for signature . Mr . Perez
stated that either of you would be able to sign the
plat . I wanted to give you a heads up that the plat may
be presented tomorrow for signature . Please do not
hesitate to contact me if you need any additional
information .
John C. Blair, II
Deputy County Attorney
Albemarle County, Virginia
This message and its attachments are confidential and may be protected by the
attorney/client privilege. If you are not the named addressee or if this message has been
addressed to you in error, you are directed not to read, disclose, reproduce, distribute,
disseminate or otherwise use this transmission. Please notify the sender immediately by e-mail
and delete and destroy this message and its attachments
2
Christopher Perez
From: Christopher Perez
Sent: Tuesday, November 22, 2016 4:10 PM
To: John Blair
Cc: Bill Fritz; Erika Castillo
Subject: RE: SUB2016-153 John W. Smith - BLA
Attachments: VoiceMessage.wav
John,
Attached is Page's 1st voicemail explaining his point in more detail. Hope this helps.
From:Christopher Perez
Sent:Tuesday, November 22, 2016 4:06 PM
To:John Blair<jblair@albemarle.org>
Cc: Bill Fritz<BFRITZ@albemarle.org>; Erika Castillo<ecastillo@albemarle.org>
Subject:SUB2016-153 John W. Smith- BLA
John,
Re: SUB2016-153 John W. Smith-BLA
I received the attached voicemail from Mr. Smith's Attorney, Page Williams. He would like to speak with you
about your guidance on the signatory issue discussed below. In true legal fashion he disagrees with your
findings and asserts because of the way the property was held that upon Emily's death, Mr. Smith became the
only owner of the property, thus omitting any requirement for the administrator or executor of Emily
Chewning's estate to have to sign on her behalf. He would like to speak with you about it.
His contact information is 434-817-7973
Email jpw@LPlaw.com
Christopher P.Perez Senior Planner
Department of Community Development(County of Albemarle,Virginia
401 McIntire Road Charlottesville,VA 22902
434.296.5832 ext.3443
From:John Blair
Sent: Friday, November 04, 2016 4:56 PM
To:Christopher Perez<cperez@albemarle.org>
Cc: Bill Fritz<BFRITZ@albemarle.org>; Erika Castillo<ecastillo@albemarle.org>
Subject: RE: We will get you to regret working with us yet.
Messrs . Perez and Fritz :
Ms . Castillo obtained the applicable deed . Either the
Administrator or Executor of Emily Chewning' s estate
would need to sign the plat in question .
arimmaimmionimsw
vor
Best ,
John C. Blair, II
Deputy County Attorney
Albemarle County, Virginia
From:Christopher Perez
Sent:Wednesday, November 2,2016 3:02 PM
To:John Blair<jblair@albemarle.org>
Cc: Bill Fritz<BFRITZ@albemarle.org>
Subject: RE:We will get you to regret working with us yet.
John,
I'll add one additional piece of information for this specific case—in the County's GIS the owner of the
property in question is listed as "John W. Smith OR Emily W. Chewning". John signed the plat, Emily is the one
with deceased written in. Not sure this adds anything to the decision.
Christopher P.Perez 1 Senior Planner
Department of Community Development'County of Albemarle,Virginia
401 McIntire Road'Charlottesville,VA 22902
434.296.5832 ext.3443
From: Bill Fritz
Sent:Wednesday, November 02, 2016 2:40 PM
To:John Blair<jblair@albemarle.org>
Cc:Christopher Perez<cperez@albemarle.org>
Subject:We will get you to regret working with us yet.
Got a fun one for you. A subdivision plat has been submitted to me for approval. Listed as owners are three
people. Two listed owners have notarized signatures;the third listed owner simply has"deceased"written in.
The ordinance states in section 14-303 Contents of final plat
A.Statement of consent to division.A statement that: "The platting or dedication of the following described land [insert
a correct description of the land subdivided] is with the free consent and in accordance with the desire of the
undersigned owners, proprietors and trustees, if any."
0.Signature panels.Signature panels for each owner and for the agent or his designee.The signature panel for the
owner shall be located immediately below the statement required by paragraph (A).
.Fa
May we accept deceased or should we have the trustee of the estate signed?
(One thing we try to do when asking you these brain teasers is offer up what we think. I believe the answer is
that the trustee of the estate must sign.)
William D. Fritz,AICP
tt 434-296-5$23 extension 3242
2
v
ow
Christopher Perez
From: Christopher Perez
Sent: Monday, November 14, 2016 2:27 PM
To: 'Tracey'
Cc: John Smith; 'KEYLS@aol.com'
Subject: RE: SUB201600153 John W. Smith— BLA
Attachments: RE: SUB201600153 John W. Smith— BLA
Tracey,
RE: SUB201600153 John W. Smith—BLA
I sent the attached email to the surveyor the day I received it.The short of it is I have reviewed the signed plat and we
cannot accept the"deceased" signature as a valid signature of Emily Chewning. I worked with the County Attorney who
reviewed the deeds and they have said that either the Administrator or Executor of Emily Chewning's estate would need
to sign the plat in question.Please correct this and provide a revised/signed plat for approval.
Christopher P.Perez I Senior Planner
Department of Community Development(County of Albemarle,Virginia
401 McIntire Road 1 Charlottesville,VA 22902
434.296.5832 ext.3443
From:Tracey[mailto:tmcfarlane2011@gmail.com]
Sent: Monday, November 14, 2016 1:30 PM
To:Christopher Perez<cperez@albemarle.org>
Cc:John Smith<jws1943@gmail.com>
Subject: Fwd:SUB201600153 John W. Smith-BLA
Hello Mr Perez,
Checking on the status of approval of the above referenced plat(s) delivered to your office the first week of
November.
Please contact me at your earliest convenience via return email or phone at(434) 882-0067.
Thank you,
TRACEY McFARLANE
Associate Broker
RE/MAX Realty Specialists
355 W Rio Rd, Suite 102
Charlottesville, VA 22901
LICENSED TO SELL REAL ESTATE IN VIRGINIA
(434) 882-0067
Sent from my iPhone
Begin forwarded message:
1
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From: KEYLS@aol.com
}
Date: September 25, 2016 at 1:59:12 PM EDT
}
To: tmc a ane 011@gmal .c m
) .
Subject: Fwd: SUB201600153 John W. Smith-BLA
) FYI. Please | lemeknow how to get the plats byou. Thanks.
Steve . . .
) .
From: cperezalbemalre.orq
To: KEYL Aa[c m
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CC: m4spemb mmk[c m
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Sent: 9/23/2016 8:53:02 A.M. Ea Eastern Daylight Time
Subj: RE: SUB201600153 John W. SmA-BLA
\ \
Steve,
} . SUB216015 John W. Smith-BLA 2 .
) The above rfe plat is ready forapproval. Pleas have theo■nr sign/notarizean bring it in for
County approval. Thanks
} Christopher P. Perez I Senior Plannr
) . �
Department of Cmm2G Development ICouny! of Albemarle,Virginia
. . . .
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401 9d«m Road ICharlottesville,VA229 2
4426.583 ext.3443 . .
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) 2
Christopher Perez
From: Christopher Perez
Sent: Friday, November 04, 2016 5:08 PM
To: 'KEYLS@aol.com'
Cc: jaytls@embarqmail.com'
Subject: RE: SUB201600153 John W. Smith- BLA
Steve,
RE: SUB201600153 John W. Smith—BLA
I have reviewed the signed plat and we cannot accept the "deceased" signature as a valid signature of Emily
Chewning. I worked with the County Attorney and they have said that either the Administrator or Executor of
Emily Chewning's estate would need to sign the plat in question. Please correct this and provide a
revised/signed plat for approval.
Christopher P.Perez I Senior Planner
Department of Community Development(County of Albemarle,Virginia
401 McIntire Road Charlottesville,VA 22902
434.296.5832 ext.3443
From:Christopher Perez
Sent: Friday,September 23, 2016 8:53 AM
To: 'KEYLS@aol.com'<KEYLS@aol.com>
Cc: 'jaytls@embargmail.com'<jaytls@embargmail.com>
Subject: RE:SUB201600153 John W.Smith—BLA
Steve,
SUB201600153 John W. Smith—BLA
The above ref plat is ready for approval. Please have the owners sign/notarize and bring it in for County
approval. Thanks
Christopher P.Perez 1 Senior Planner
Department of Community Development!County of Albemarle,Virginia
401 McIntire Road l Charlottesville,VA 22902
434.296.5832 ext.3443
1
Christopher Perez
From: John Blair
Sent: Friday, November 04, 2016 4:56 PM
To: " Christopher Perez
Cc: Bill Fritz; Erika Castillo
Subject: RE:We will get you to regret working with us yet.
Messrs. Perez and Fritz:
Ms . Castillo obtained the applicable deed . Either the
Administrator or Executor of Emily Chewning' s estate
would need to sign the plat in question .
Best ,
John C. Blair, II
Deputy County Attorney
Albemarle County, Virginia
This message and its attachments are confidential and may be protected by the
attorney/client privilege. If you are not the named addressee or if this message has been
addressed to you in error, you are directed not to read, disclose, reproduce, distribute,
disseminate or otherwise use this transmission. Please notify the sender immediately by e-mail
and delete and destroy this message and its attachments
From:Christopher Perez
Sent:Wednesday, November 2, 2016 3:02 PM
To:John Blair<jblair@albemarle.org>
Cc: Bill Fritz<BFRITZ@albemarle.org>
Subject: RE:We will get you to regret working with us yet.
John,
I'll add one additional piece of information for this specific case—in the County's GIS the owner of the
property in question is listed as "John W Smith OR Emily W Chewning". John signed the plat, Emily is the one
with deceased written in. Not sure this adds anything to the decision.
Christopher P.Perez 1 Senior Planner
Department of Community Development 1County of Albemarle,Virginia
401 Mclntire Road 1 Charlottesville,VA 22902
434.296.5832 ext.3443
1
�x>
From: Bill Fritz
Sent:Wednesday, November 02,2016 2:40 PM
To:John Blair<iblair@albemarle.org>
Cc:Christopher Perez<cperez@albemarle.org>
Subject:We will get you to regret working with us yet.
Got a fun one for you. A subdivision plat has been submitted to me for approval. Listed as owners are three
people. Two listed owners have notarized signatures;the third listed owner simply has"deceased"written in.
The ordinance states in section 14-303 Contents of final plat
A.Statement of consent to division.A statement that: "The platting or dedication of the following described land [insert
a correct description of the land subdivided] is with the free consent and in accordance with the desire of the
undersigned owners, proprietors and trustees, if any."
0.Signature panels.Signature panels for each owner and for the agent or his designee.The signature panel for the
owner shall be located immediately below the statement required by paragraph (A).
May we accept deceased or should we have the trustee of the estate signed?
(One thing we try to do when asking you these brain teasers is offer up what we think. I believe the answer is
that the trustee of the estate must sign.)
William D. Fritz,AICP
434-296-5$23 extension 3242
2
Christopher Perez
From: Christopher Perez
Sent: Thursday, November 03, 2016 9:03 AM
To: Erika Castillo
Cc: Bill Fritz;John Blair
Subject: SUB2016-153 John W. Smith - BLA
Attachments: SUB201600153 John W. Smith - BLA .pdf
Erika,
RE: SUB2016-153 John W. Smith-BLA
As requested attached is the plat in question. The three properties included in the BLA and associated owners
are as follows:
TMP 06500-00-00-11400 Owner- JOHN W SMITH OR EMILY W CHEWNING
TMP 06500-00-00-11300 Owner- JOHN W SMITH OR EMILY W CHEWNING
TMP 06500-00-00-112A0 Owner- ROBERT LEE GARDNER
Christopher P.Perez Senior Planner
Department of Community Development 1County of Albemarle,Virginia
401 McIntire Road Charlottesville,VA 22902
434.296.5832 ext.3443
From:John Blair
Sent:Wednesday, November 02, 2016 4:27 PM
To:Christopher Perez<cperez@albemarle.org>
Cc: Bill Fritz<BFRITZ@albemarle.org>; Erika Castillo<ecastillo@albemarle.org>
Subject: RE:We will get you to regret working with us yet.
Dear Messrs . Perez and Fritz :
could you please email Erika (copied n this email) and.
I the tax map parcel number (s ) of the plat? I will have
her pull the deed ( s ) , and I will examine them .
Best ,
John C. Blair, II
Deputy County Attorney
Albemarle County, Virginia
From:Christopher Perez
Sent:Wednesday, November 2,2016 3:02 PM
To:John Blair<jblair@albemarle.org>
1
1
Cc: Bill Fritz<BFRITZ@albemarle.org>
Subject: RE:We will get you to regret working with us yet.
John,
I'll add one additional piece of information for this specific case—in the County's GIS the owner of the
property in question is listed as "John W. Smith OR Emily W. Chewning". John signed the plat, Emily is the one
with deceased written in. Not sure this adds anything to the decision.
Christopher P.Perez I Senior Planner
Department of Community Development 1County of Albemarle,Virginia
401 McIntire Road l Charlottesville,VA 22902
434.296.5832 ext.3443
From: Bill Fritz
Sent:Wednesday, November 02, 2016 2:40 PM
To:John Blair<Iblair@albemarle.org>
Cc:Christopher Perez<cperez@albemarle.org>
Subject:We will get you to regret working with us yet.
Got a fun one for you. A subdivision plat has been submitted to me for approval. Listed as owners are three
people. Two listed owners have notarized signatures; the third listed owner simply has"deceased"written in.
The ordinance states in section 14-303 Contents of final plat
A.Statement of consent to division.A statement that: "The platting or dedication of the following described land [insert
a correct description of the land subdivided] is with the free consent and in accordance with the desire of the
undersigned owners, proprietors and trustees, if any."
0.Signature panels.Signature panels for each owner and for the agent or his designee.The signature panel for the
owner shall be located immediately below the statement required by paragraph (A).
May we accept deceased or should we have the trustee of the estate signed?
(One thing we try to do when asking you these brain teasers is offer up what we think. I believe the answer is
that the trustee of the estate must sign.)
William D. Fritz,AICP
434-296-5823 extension 3242
1
2
Christopher Perez
From: Christopher Perez
Sent: Thursday, September 01, 2016 9:52 AM
To: 'KEYLS@aol.com'
Cc: 'jws1943@gmail.com'
Subject: SUB201600153 John W. Smith-BLA
Attachments: LOD2016-12.pdf
Mr.Key,
SUB201600153 John W. Smith—BLA
Y[14-302(A)101 Right offurther division ofproposed lots. A Letter of Determination(LOD)was recently conducted on
TMP 65-112A(see attached). In light of this determination revise note#10 to read: "TMP 65-112A is assigned 2
development rights (see LOD2016-12 for determination). TMP 65-114 is assigned 1 development right and may not be
further divided."
2 4-303(A)] Statement of consent to division. Changes to the State Code and to the County of Albemarle
ubdivision Ordinance require changes to the consent to division statement. Please revise the statement to read:
"The platting or dedication of the following described land[insert correct description of the land subdivided] is
with free consent and in accordance with the desire of the undersigned owners,proprietors and trustees, if
any.
ou would like to continue utilizing the previous ordinance language: "Any reference to future potential
development is to be deemed as theoretical. All statements affixed to this plat are true and correct to the best of
my know dge. " Please utilize it as a separate note on the plat.
General In Information. When theplat is revised, please provide the date of the last revision on
[14-302(B)(1)] .f
the plat.
Due to the nature of the required changes the above mentioned items may be addressed on a PDF resubmittal of the plat.
Once the items are addressed you may have the owners sign/notarize the plat and submit it for County Approval.
Thanks
Christopher P.Perez 1 Senior Planner
Department of Community Development!County of Albemarle,Virginia
401 McIntire Road I Charlottesville,VA 22902
434.296.5832 ext.3443
1
CoifINS
Christopher Perez
From: Christopher Perez
Sent: Wednesday,August 31, 2016 3:45 PM
To: Jennifer Pritchett;Jennifer Smith;Judy Martin - BC/ZS
Subject: RE: SUB201600153 John W. Smith - BLA
Jennifer/Jen/Judy,
I magically was granted access to enter fee information.
Thanks I just took care of it.
Christopher P.Perez(Senior Planner
Department of Community Development 1County of Albemarle,Virginia
401 McIntire Road l Charlottesville,VA 22902
434.296.5832 ext.3443
From:Christopher Perez
Sent:Wednesday,August 31, 2016 3:35 PM
To:Jennifer Pritchett<jpritchett@albemarle.org>;Jennifer Smith<jsmith@k12albemarle.org>;Judy Martin- BC/ZS
<jmartin4@albemarle.org>
Subject:SUB201600153 John W.Smith- BLA
Jennifer/Jen/Judy,
SUB201600153 John W.Smith—BLA
I am reviewingthe above refplat and I noticed that there is not anyfees listed as being paid/received in Countyview.
I believe we collected a fee for this plat based on sheet 3 of the application, but it's not in countyview.
It lists$215 as being paid on 8-2-16,receipt#105555,and Check#1914.
Will one you enter this into County view, I don't have such permissions.
Thanks
Christopher P.Perez 1 Senior Planner
Department of Community Development 1County of Albemarle,Virginia
401 McIntire Road 1 Charlottesville,VA 22902
434.296.5832 ext.3443
1
Christopher Perez
From: Tracey McFarlane <tmcfarlane2011@gmail.com>
Sent: Tuesday,August 30, 2016 3:46 PM
To: Christopher Perez
Cc: John Smith
Subject: Fwd: BLA 65-114,6-113 and 65-112
Hello Mr. Perez,
Checking on the status of subdivision application file number SUB201600153 John W. Smith BLA,
which is under your review.
Please advise at your earliest convenience.
Thank you,
TRACEY McFARLANE
Associate Broker
RE/MAX Realty Specialists
355 West Rio Rd, Suite 102
Charlottesville, VA 22901
email: tmcfarlane2011 pgmail.com
mobile: (434) 882-0067
Licensed to sell real estate in Virginia.
Forwarded message
From: Brent Nelson<bnelson@albemarle.org>
Date: Tue, Aug 30, 2016 at 2:12 PM
Subject: RE: BLA 65-114,6-113 and65-112a
To: John<jws1943@gmail.com>
Cc: Tracey McFarlane<tmcfarlane2011 @gmail.com>, Page Williams<jpw@lplaw.com>
Mr. Smith Your subdivision application file number is SUB201600153 John W. Smith BLA and under review
by Christopher Perez, Senior Planner. He can be reached at 434-296-5832 ext. 3443 or cperez@albemarle.org
Brent W. Nelson
Senior Planner
Planning Services, Community Development
Albemarle County Office Building
401 McIntire Road, 22902
434-296-5832, ext. 3438
bnelson@albemarle.org
Original Message
From: John [mailto:jws1943@gmail.com]
Sent: Tuesday, August 30, 2016 12:31 PM
To: Brent Nelson<bnelson@albemarle.org>
1
(1;11i (It)
Cc: Tracey McFarlane<tmcfarlane2011@gmail.com>; Page Williams<jpw@lplaw.com>
Subject: BLA 65-114,6-113 and65-112a
Brent , Checking to see where this stands . Please advise when you can . Thanks. John Smith.
Sent from my iPhone
2
'P,