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HomeMy WebLinkAboutSUB201600100 Correspondence 2017-02-06 r Patricia Saternye From: Mollee Merrill <Mollee_Merrill@msn.com> Sent: Monday, February 06, 2017 1:24 PM To: Patricia Saternye Subject: Re: SUB2016-100 Merrill Rural Subdivision Thanks, Paty. One down four to go!! Mollee Merrill From: Patricia Saternye<psaternye@albemarle.org> Sent: Monday, February 6, 2017 11:11 AM To: Mollee Merrill Subject: RE:SUB2016-100 Merrill Rural Subdivision Mollee, SUB2016-100 Merrill Rural Subdivision plat has been approved and signed. Your signed originals are ready for pickup at the Community Development Front Desk. Thanks, Paty Saternye Senior Planner Community Development YT '•' Rie Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Patricia Saternye Sent: Monday,January 30, 2017 2:40 PM To: Mollee Merrill<Mollee_Merrill@msn.com> Subject:SUB2016-100 Merrill Rural Subdivision Mollee, The comments have been successfully addressed for SUB201600100 Merrill Rural Subdivision. So, the plat ready for signatures. 1. Please submit two or more signed/sealed plats to the Community Development front desk to my attention. The County will keep one signed original. 1 2. There is then a last check of the plat and if all is well then they are signed by a County representative. p 3. I will then call you to let you know once the rest of the signed originals are ready for your pick up. I will email you individually for each of the other subdivision plats as their reviews are finished. Thanks, Paty Saternye Senior Planner Community Development ti r?} M�M1a Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye(a@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:Mollee Merrill@msn.com] Sent:Tuesday,January 17, 2017 5:53 PM To: Patricia Saternye<psaternve@albemarle.org> Subject: Re: plats received? Thanks, I'll look forward to hearing from you. Mollee Merrill From: Patricia Saternye<psaternve@albemarle.org> Sent:Tuesday,January 17,2017 8:11 AM To: Mollee Merrill Subject: RE: plats received? Mollee, Yes, the resubmissions were received. Thank you. I just haven't been able review the yet, since there were other submittals before yours and need to be reviewed first. I will review them as soon as I can. Thanks, Paty Saternye Senior Planner Community Development of A {4 • 2 • 1 , Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Mollee Merrill [inailto:Mollee Merrill@msn.com] Sent:Saturday,January 14, 2017 1:38 PM To: Patricia Saternye<psaternye@albemarle.org> Subject: plats received? Hi Paty, Just checking to make sure you received the revised plats for all three submittals. I turned them in the last week of December. Thanks, Mollee Merrill 3 `rd 't✓ Patricia Saternye From: Patricia Saternye Sent: Friday, February 03, 2017 4:15 PM To: Mollee Merrill Subject: RE: SUB2016-182 and 183 Attachments: Lots for discussion - is this what you are envisioning 2-3-2017.pdf Mollee, Thank you for the responses to the comments. In reference to your question I thought it would be helpful to have a graphic. Please see the attached sketch that I think is what you plan to do ultimately. It was my understanding that a subdivision would be needed for the next submission. I think we discussed you combining what I have marked at #2 & #3 (a BLA), but in order to separate#4 from #5 a subdivision (not a BLA) would be required. Therefore, it wouldn't be just a BLA of over 5 acres. Did I miss understand your intentions? If you just did the BLA taking#2 from #4 and adding it to#3 you would be correct. An approved drainfield location would not be required for that type of submission. However, when do one or both of the following (now or in the future) you will need to provide approved drainfield location for each lot. 1. Separate #5 from #4 2. Separate #2 (and the road frontage and access for#2) from #3. That is assuming these two have been previously merged with a BLA, which was one thing we discussed in the Pre-Application meeting. Please let me know if I'm miss interpreting something. To follow up on the questions asked during the pre-application meeting here are the answers: • The County Engineer was correct, because of the critical slopes the access to #2 can not be accomplished from Rout 691 (Castle Rock Road). There is an exemption for lots that were already in existence when the specific ordinance was put in place, but that exception does not apply to the creation of a new lot. • Therefore, (as discussed in the pre-application meeting and with the lot configurations we have discussed) frontage and access from Craig's Store Road will be necessary for#2. I have sketched the minimum amount of#3 that would be necessary in order to do this by giving land to #2. 250' frontage on the road and width along it full length would be that minimum. Please let me know if you have any additional questions or if a phone conversation to discuss the items above would be helpful. Thanks, Paty Saternye Senior Planner Community Development 1 • too Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:Mollee_Merrill@msn.com] Sent:Wednesday, February 01, 2017 3:26 PM To: Patricia Saternye<psaternye@albemarle.org> Cc: Mollee Merrill<mollee_merrill@msn.com> Subject:SUB2016-182 and 183 Hi Paty, Thank you for the reviews. I dropped off the signed and notarized plats for SUB2016-100 this afternoon. Regarding the reviews, I have two responses and then a question about our upcoming BLA for the area we talked about in our Pre-Application meeting. First, on 182 review comment#3 and 163 comment#4: We're going to use the word (plat). I understand the order in which the parcels must be recorded, and I'll make sure to do it correctly. Second, on 182 review comment#2: The two development rights remaining in 84-44 will be assigned as follows: One development right will be assigned to Betsy's parcel and shall not comprise more than 6.2 acres. One development right goes to Bill. He will have to decide whether it will be retained by the residue of 84-44 which he says he will submit as a division some time in the future or it will be attached to the area of 84- 44 that will be added to parcel 84-51 in our upcoming Boundary Line Adjustment. If he decides to attach it to the BLA parcel,the development right will be transferred with the area of land and the development right when used shall not comprise more than 6.2 acres. Parcel 84-51 has four development rights and when used shall not comprise more than 23 acres. (84-51 used one development right for an eight acre division.) All this information in its correct format will be included on the BLA plat. Question from our Pre-Application meeting: Can you check on the following: Since the area to be added to 84-51 will no longer be a residue of parcel 84- 44 can we avoid the soil test and drain field in this area? County Code section 14-208.1 C raises this question. Since there are no lots in this BLA less than 5 acres can we avoid doing the soil test and drain field for this BLA? Mollee Merrill 2 Patricia Saternye From: Mollee Merrill <Mollee_Merrill@msn.com> Sent: Thursday,January 26, 2017 7:20 PM To: Patricia Saternye; Ron Higgins; Frank Pohl Subject: Thank you for Monday's meeting Thank you Paty, Frank, and Ron for our meeting on Monday. Your suggestion that we extinguish the boundary between parcel 84-51 and 84-44 will allow us to go forward with Betsy's parcel. Bill and Margaret may want to meet with you to discuss that concern about access from Craigs Store Road. I hope they do, and I hope they will allow me to be there. Thanks again for your help. Mollee Merrill 1 '`✓ Patricia Saternye From: Patricia Saternye Sent: Tuesday,January 03, 2017 3:49 PM To: Karen Firehock Cc: David Benish; Scott Clark; Megan Yaniglos Subject: RE: SUB 2016 00100 --Merrill-- Rural Subdivision Karen, Good afternoon. I am the planner reviewing the Merrill plats. So, Scott asked me to follow up on your question. It is a requirement that the lot be buildable (14-302(A)(9), 18-4.2.1 & 18-4.2.2). In order to be buildable there are requirements for Health Department approval (14-310& 14-309). Although it is not your specific question, but I think it is the core question from Ms. Merrill, having suitable locations for septic drainfields is a Health Department requirement. We are following the procedures specified by the Health Department. Therefore, it is my understanding that the Health Department would be the entity that would have to be willing to allow approval without drainfield locations being tested and approved. In reference to using a Special Lot for accomplishing what they want to do, subdividing without requiring a buildable site, I do not think that would apply to these circumstances because of the very specific Special Lot definition, as Scott provided below. Please let me know if you have any further questions or if I can be any more help. Thanks, Paty Saternye Senior Planner Community Development 'rJ Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From:Scott Clark Sent:Tuesday,January 03,2017 10:28 AM To: Karen Firehock<kfirehock@albemarle.org> Cc:John Blair<jblair@albemarle.org>; Patricia Saternye<psaternye@albemarle.org>; David Benish 1 44110 <DBENISH@albemarle.org> Subject: RE:SUB 2016 00100--Merrill-- Rural Subdivision Hi, Karen— My understanding is that need for soil-evaluation approval is a requirement(under section 14-310 of the Subdivision Ordinance), not just a policy. However, I'm copying Paty Saternye,who is the reviewing planner on this plat,and she can get back to you with a more complete answer. Paty is much more experienced than I am with the review of plats. As for your second question, I don't know of any way that we can permit the creation of on-buildable lots and still meet the landowners' need to divide out and separately sell their inherited portions of this land.They've stated that they don't want to develop the land, but they or future landowners would be free to do so once these lots were created. There would be nothing in place to prevent the sale and (attempted)development of those unbuildable lots. The only kind of lots I'm aware of that don't require soil-analysis approval are "special lots" (definition below*). I honestly don't know if large rural lots can be created as"special lots," but I *assume* that there would have to be some permanent form of development prohibition in place first. In other words,the current landowners would have to permanently eliminate the ability to build on these parcels.That would certainly affect the various heirs' ability to sell their pieces of this land. (Please note that this approach is just speculation on my part—I'm not aware of any"special lots"that have been created in this way, and various staff members would have to determine if it could work.) --Scott * Special lot.The term "special lot" means a lot created to be used exclusively for public or private streets, railroad right-of-way and railroad lines, public utilities, publicly owned or operated public facilities, publicly owned or operated parks, publicly or privately owned sites for personal wireless service facilities, central water supplies and central sewerage systems as those terms are defined in chapter 16, stormwater management facilities, cemeteries existing on June 8, 2011, conservation areas, preservation areas, open space, and greenways. From: Karen Firehock Sent: Monday,January 02, 2017 4:36 PM To:Scott Clark<SclarkPalbemarle.org> Cc:John Blair<iblair@albemarle.org> Subject: FW: SUB 2016 00100--Merrill-- Rural Subdivision Hi Scott, Happy New Year. Emailing you as our rural planner. I know county policy is to not allow unbuildable lots to be created. This rural landowner wants to have a lot for farming but she does not want to have to pay to lay out the septic field because she does not want to develop it, My ques is, Is the requirement that the new lot be buildable a policy of the county or an actual regulation? I figure you know the answer off the top of your head which is quicker than me going through all the rules. If it's a regulation then is there any other way this person could subdivide this without it having to be buidable? Cheers and thanks, Karen Karen Firehock, Planning Commissioner Samuel Miller District Albemarle County, VA mobile: 434-249-2492 From: Liz Palmer Sent: Sunday, January 01, 2017 10:58 PM 2 To: Karen Firehock Subject: FW: SUB 2016 00100 --Merrill-- Rural Subdivision Karen Do you have some time to help me answer this lady? Her family divided theirland amongst the family members. Staff required her to identify a drain field for her parcel that she said was a hay field and that she was not going to develop it. The email train below explains her plight. She was very frustrated by her experience. Her last email just below is the one I would love you to comment on if possible. I don't think there is a need to read the whole chain. Thanks Liz Palmer (434) 964-7876 Samuel Miller District Representative Chair, Albemarle County Board of Supervisors From: Mollee Merrill [Mollee_Merrill@msn.com] Sent: Monday, December 12, 2016 5:32 PM To: Liz Palmer Subject: Re: SUB 2016 00100 --Merrill-- Rural Subdivision Liz, Thank you for responding. Let me follow up with an important related question. From your comments and those of the Community Development Department it seems that the County will not allow a person to own a parcel of land in the rural area unless that parcel can be developed for housing. So, if I want to own a parcel in the rural area devoted to forestry with terrain not suitable for a house, a driveway, or a drain field, would the County not allow me to own it? If I want to farm a hay and cow pasture with terrain not suitable for a driveway, would the County not allow me to own it? These questions are not frivolous. I need to see your answers. Mollee Merrill, General Partner Alveley Farm Limited Partnership 1955 Castle Rock Road Afton VA 22920 From: Liz Palmer<Ipalmer@albemarle.org> Sent:Tuesday, December 6, 2016 9:10 AM To: rmer@netzero.com; 'Mollee Merrill' Subject: RE:SUB 2016 00100--Merrill--Rural Subdivision Mollee, 3 41,00 I am really sorry for all the frustration you have gone through with this and apologize for using an example that clearly does not apply to your family's situation. As to your question about flexibility that encourages people in the district to keep their land in agricultural production, we give substantial land use tax breaks for those who wish to keep their land in agriculture. People can also put land in conservation easements which takes away the development rights and therefore not only lowers the tax bill but also eliminates the need to identify future drainage fields. The problem is that most folks that divide land up eventually develop it or sell it to someone else who develops it. We also are not just thinking about the next 20 years but longer term. Since I have been on the board I have gotten many emails and phone calls complaining about the tax breaks afforded to rural land owners. Many suburbanites complain that rural land owners are just keeping the land in agriculture to avoid property taxes and are really land speculators. Our legal department tells us that we cannot legally distinguish the good actors from the bad and must give everyone the same tax break if we are to continue the program. have defended the land use tax relief program vigorously because I know that many would not be able to farm without it. I hope that your family has been taking advantage of this program. Thank you again for emailing me on this. I have learned more about this process because of your emails and I am sorry that I was unable to change this for you. Liz Palmer (434) 964-7876 Samuel Miller District Representative Chair, Albemarle County Board of Supervisors From: R. Merrill [mailto:rmer@netzero.com] Sent: Monday, November 28,2016 7:38 PM To:'Mollee Merrill'<Mollee Merrill@msn.com>; Liz Palmer<Ipalmer@albemarie.org> Subject: RE:SUB 2016 00100--Merrill-- Rural Subdivision Mollee, This is great.Albemarle County government is only interested in developments. That's how we've been treated. Let's contact the Daily Progress and see if they want to do a story on this nightmare. It really proves that the county's claimed interest in preserving farmland is a fraud. I'll send you the name of a reporter I once met. You can send this letter to him to see if he is interested. Robert Merrill, Ph.D. Director, Area-Fifty-One Explorations 4 Professor Emeritus Literature and Humanities Maryland Institute College of Art From: Mollee Merrill [mailto:Mollee Merrill@msn.com] Sent: Monday, November 28, 2016 5:17 PM To: Liz Palmer<Ipalmer@albemarle.org> Subject: Re:SUB 2016 00100--Merrill-- Rural Subdivision Hi Liz, I am finally replying to your email about my family's concern over useless drain fields on the land we are dividing. Your example below makes perfect sense if anyone were planning to build a house. I would never buy a lot that didn't have a valid perc test and, in fact, even a well. However, the example does not apply to my family's situation. We have no plans to build any houses. We are simply dividing our farm, ending our family farm partnership and continuing our hay and forest agriculture. The divisions of our farm are about 80 acres each. Do hay bales and trees need a septic system!? If in the unforeseeable future someone plans to build a house on one of the 80 acre divisions we are making, how likely would the house be located near the random place where we situate the useless drain field we are being forced to lay out now? 80 acres is a lot of land. The person planning to build a house would have to start over with the Health Department. According to Paty Saternye at the Community Development Department, we are required to have a drain field laid out not only on each division, but on any residue of our farm that we are not yet ready to submit as a division. We have completed one of these at a cost of about $1,400. That's $1,400 for something that has no practical use at any time in the foreseeable future. $1,400 is very close to my monthly income, and unless you can help us, we are going to be forced to lay out two more of these expensive and useless drain fields. As the Supervisor for my district, I ask you where are the provisions for farm land? Where is the flexibility that encourages people in the Samuel Miller District to keep their land in agricultural production? We are all familiar with the flexibility accorded developers such as those who built nearby Handley Farm Estates, what about those of us who out of devotion to the rural landscape work hard to keep land free from housing developments? It is not only a financial hardship, but an outrage, that we are being forced to spend $2800 to lay out two more of these useless drain fields. 5 • sold Please help us. Mollee Merrill 1955 Castle Rock Road Afton VA 22920 540-470-7528 From: Liz Palmer<Ipalmer@albemarle.org> Sent: Friday,September 16, 2016 8:07 AM To: Mollee Merrill Subject: RE:SUB 2016 00100--Merrill-- Rural Subdivision Mollee, I am glad you got it all worked out. I did talk with the Director of Planning about your situation on Monday and with Paty on Tuesday. I had planned to call you Thursday. About 2 months ago I was contacted by someone who had bought property in the Batesville area with plans to build a house. He found out after the fact that he could not put a house on the property where he wanted because there was no place to put the drainage field. Of course the real estate agent who sold him the property showed him the preferred house site as a selling point. He ended up having to build the house (if he builds it) in a much different and less desirable spot. This piece was divided many years ago and not subject to the drainage field requirement. I tell this story because there are always two sides to the story. Since I have been on the board, I have seen several situations where people have bought lots in the rural areas with expectations that later were found to be wrong. Usually they get the bad information from the relator, but, none the less, are stuck holding the financial bag. I am sorry for the inconvenience but there really is a reason for it. I hope all goes well. Settling estates can be a very trying exercise. Liz Palmer (434) 964-7876 Samuel Miller District Representative Chair, Albemarle County Board of Supervisors From: Mollee Merrill [mollee_merrill@msn.com] Sent: Wednesday, September 14, 2016 10:49 AM To: Liz Palmer Subject: RE: SUB 2016 00100 --Merrill-- Rural Subdivision Hi Liz, Thank you for replying and trying to help. I have been very confused by the information Paty Saternye has 6 Naril been giving me,but yesterday I talked to Francis McCaul at the Community Development office and he gave me a clear road map for what my family has to do. My family owns 480 acres of farm land held in a family partnership. We are ending the partnership and dividing the land so we can pass it on to our heirs individually. Our frustration is that we are required to have useless perc tests and drainfields on the areas of our farm left over after we make several divisions. The areas left over are hay fields ranging from 24 acres to 46 acres. The divisions range from 29 acres to 172 acres, so no division rights need to be used. It is maddening to spend money and time to do perc tests and mark drain fields where no construction is planned or wanted. I think County regulations are made for developers, and they allow no flexibility for families like ours who want to divide our land so we can leave it to our children. Thank you again for replying. Mollee Merrill From: 1palmer@albemarle.org To: mollee merrill@msn.com Subject: RE: SUB 2016 00100 --Merrill-- Rural Subdivision Date: Sat, 10 Sep 2016 21:41:02 +0000 Mollee, I got your phone message and obviously this email. I would like to talk with county staff on Monday. I am wondering if the problem is that you don't have a division right on a property that cannot support a home even if you are not planning to build. I don't know all the ins and outs of this but I emailed staff on Friday afternoon and have not heard back yet. To be continued Liz Palmer (434) 964-7876 Samuel Miller District Representative Chair, Albemarle County Board of Supervisors From: Mollee Merrill [mollee_merrill@msn.com] Sent: Friday, September 09, 2016 1:22 PM To: Patricia Saternye; Robert Merrill; Susanne Merrill; Betsy Merrill; Mollee Merrill; Steve Key Cc: Liz Palmer Subject: SUB 2016 00100 --Merrill-- Rural Subdivision Hi Paty, I think I'm trapped in a communications snafu between your department and the Health Department. Please use your authority to cut through so we can move forward with the parcels we are dividing. You told me I needed a Certification Letter for the residue of parcel 84-44, so I applied for that and Travis Davis completed the work marking the drain field today. This land is pasture and forest land. There is no use for any drain field where no house will be built in any foreseeable future. The only reason I w ent to this expense of having the soils work done and drain field marked is that you said it is required. *MO SIS But now, Davis tells me the Health Department won't issue the Certification Letter until a new survey has been completed, and I guess that means a survey showing the useless drain field. We have an existing survey for the whole of parcel 84-44 which is part of Alveley Farm Partnership. We should not need a survey for land that is a residue of the parts we are dividing. The most frustrating part of this situation is that we are being forced to pay for work that is useless --soils test and drain field in a cow pasture/hay field. And now it seems the divisions I have submitted will be delayed for months while an additional survey is completed. Paty, I am sure you have the authority to resolve this dilemma,but if not, please give me the name of someone I can meet with who can. Mollee Merrill Forget Botox: How To Remove Your Eye Bags In 2 Minutes! Daily Tiply http://thirdpartvoffers.netzero.net/TGL3232/583ccdd 136acc4dcf55e0stO4vuc Sponsored Links 0 8 Patricia Saternye From: Patricia Saternye Sent: Tuesday,January 03, 2017 3:10 PM To: Megan Yaniglos Subject: FW: SUB 2016 00100 --Merrill-- Rural Subdivision Megan, I thought I should chat with either you or David B. about this before I respond to Karen Firehock's question (2 emails below highlighted with yellow which states, "My ques is, Is the requirement that the new lot be buildable a policy of the county or an actual regulation?"). I'll stop by and see if you have a minute or two to discuss. This is the same applicant who has been pushing for subdivision plat approval without VDH approval for drainfield locations for months. These are large lots. She got VDH approval for her first plat but now she has submitted other plats and once again is pushing, at all levels, to get the more recent plats approved without drainfield location being approved by VDH. Thanks, Paty Saternye Senior Planner Community Development F4:�, Aa Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From:Scott Clark Sent:Tuesday,January 03, 2017 10:28 AM To: Karen Firehock<kfirehock@albemarle.org> Cc:John Blair<jblair@albemarle.org>; Patricia Saternye<psaternye@albemarl- .rg>; David Benish <DBENISH@albemarle.org> Subject: RE:SUB 2016 00100--Merrill-- Rura ubdivision Hi, Karen— My understanding is that need for soil-evaluation . . •rova ' a requirement(under section 14-310 of the Subdivision Ordinance), not just a policy. However, I'm co. ng Paty Sater -,who is the reviewing planner on this plat,and she can get back to you with a more complete an ,er. Paty is much more - •erienced than I am with the review of plats. As for your second question, I don' know of any way that we can permit t - creation of on-buildable lots and still meet the landowners' need to divide out and separately sell their inherited portions . this land.They've stated that they don't want to develop the land, but they or future landowners would be free to do so once these lots were created. There would be nothing in place to prevent the sale and (attempted)development of those unbuildable lots. The only kind of I. s I'm aware of that don't require soil-analysis ap a royal are"special lots" (definition below*). I honestly don't kno if large rural lots can be created as"special lo s," but I *assume* that there would have to be some permanent form of .,-velopment prohibition in place first. In oth: words,the current landowners would have to permanently eliminat• the ability to build on these parcels.Tha ould certainly affect the various heirs' ability to sell their pieces of this Ian• (Please note that this approach is just •peculation on my part—I'm not aware of any"special lots"that have been cre:ted in this way, and various staff me' bers would have to determine if it could work.) --Scott * Special lot.The term "speci,I lot" means a lot created o be used exclusively for public or private streets, railroad right-of-way and railroad lines, •ublic utilities, publicly 'wned or operated public facilities, publicly owned or operated parks, publicly or privately own-• sites for personal w. eless service facilities, central water supplies and cen al sewerage syst: s as those terms are defined in chapter 16, stormwater management facilities, cemeterie. existing on Ju'e 8, 2011, conservation areas, preservation areas, open space, and greenways. From: Karen Firehock Sent: Monday,January 02, 2017 4:36 PM To:Scott Clark<Sclark@albemarle.org> Cc:John Blair<iblair@albemarle.org> Subject: FW: SUB 2016 00100--Merrill--R ral • bdivision Hi Scott, Happy New Year. Emailing you :s our rur.I planner. I know county policy is to not allow unbuildable lots to be created. This rural landowner wants to ave a lot f. farming but she does not want to have to pay to lay out the septic field because she does not want to dev•lop it, My qu-- is, Is the requirement that the new lot be buildable a policy of the county or an actual regulation? I figur: you know the . swer off the top of your head which is quicker than me going through all the rules. If it's a regulati'in then is there an other way this person could subdivide this without it having to be buidable? Cheers and thanks, Karen Karen Firehock, Planning Commissicner Samuel Miller District Albemarle County, VA mobile: 434-249-2492 From: Liz Palmer Sent: Sunday, January 01, 201 10:58 PM To: Karen Firehock Subject: FW: SUB 2016 00101 --Merrill-- Rural Subdivision Karen Do you have some time to help me answer this lady? Her fa ily divided theirland amongst the family members. Staff - .uired her to identify a drain field fo her parcel that she said was a hay field and that she was not going to develop it. The email train b low explains her plight. She was very frustrated by her experience. Her last email just below is the one I would love you to comment on if possible. I don't think there is a need to read the whole chain. Thanks 2 • Patricia Satern ie From: Patricia Saternye Sent: Tuesday, December 13, 2016 9:09 AM To: Mollee Merrill Subject: RE: SUB2016-182 and 183 Mollee, 1) For this next resubmission send two hard copies. 2) Not now, but for the actually signature copy once I have said it is ready for signatures you will need to provide me with at least two signed originals. The County will keep one of the two. The other(s) will be returned to you. If you only need one, then only send two. If you need more than one final signed hard copy then send more than two. It is all based on your needs. I can't tell you more than that because I do not know how many signed/approved hard copies you will need or want. Sometimes we get just the two sent to us. Other times we are sent four, because in that case the applicant wanted two extra signed copies. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:Mollee_Merrill@msn.com] Sent:Saturday, December 10, 2016 11:53 AM To: Patricia Saternye<psaternye@albemarle.org> Subject: Re: SUB2016-182 and 183 Let's chat now. I need to know how many copies to print. It's a long drive from here to the printer in Charlottesville. Mollee Merrill 1 From: Patricia Saternye<psaternye@albemarle.org> Sent: Friday, December 9,2016 10:22 AM To: Mollee Merrill Subject: RE:SUB2016-182 and 183 Mollee, Sorry, I forgot to say that I will need two copies of each plat for this review resubmission. Once we have the plats finished we can chat about the number to send of the signed versions. That will likely take some input from your surveyor. The County will be keeping one of the signed originals. Thanks, Paty Saternye Senior Planner Community Development ` 4.1 !M X10 Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Patricia Saternye Sent: Friday, December 09, 2016 10:19 AM To: Mollee Merrill<Mollee Merrill@msn.com> Subject: RE:SUB2016-182 and 183 Mollee, In reference to 182 Susanne's parcel: Please see the attached online GIS Critical Slopes map. If you zoom in on the area you will see that GIS shows a stream and stream buffer running along the edge of Parcel Y and coming fully into Parcel Y somewhere around where Parcel E is. In reference to 183's comment#2:Yes, you are correct. You can ignore that comment. Thanks, Paty Saternye Senior Planner Community Development 43 Albemarle County 401 McIntire Road Charlottesville,VA 22902 2 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:Mollee Merrill@msn.com] Sent:Wednesday, December 07, 2016 8:11 PM To: Patricia Saternye<psaternye@albemarle.org> Subject:SUB2016-182 and 183 Hi Paty, We're almost ready to send you the revised plats. I have two concerns to resolve. 182 Susanne's parcel -- Review comment#5 regarding the stream buffer in the northwest corner: According to the Federal Flood Insurance Rate Map that the surveyor used,the stream buffer line coincides with the flood plain line. You can see on the plat the statement for the flood plain and the stream buffer with an arrow pointing to the dashed line which is marked zone A and zone X. I hope this information will make the indications on the plat satisfactory. 183 Review comment#2 regarding the vicinity map: The map appears to show the correct boundaries that will exist after SUB 182 has been recorded. The map shows parcel E included and Parcel D not included which is how it will exist after Susanne's plat is recorded. If there is something else you want on this map, let me know. Thank you. We hope to get these revisions to you soon. How many copies of each do you want? And if they are approved, will you need more copies? If so how many? Mollee Merrill 3 • Patricia Saternye From: Mollee Merrill <Mollee_Merrill@msn.com> Sent: Sunday, December 11, 2016 1:16 PM To: Patricia Saternye Subject: Road ahead Paty, What I am asking for is a road map for the process ahead after the plats are approved. Your department should have a publication that tells me step by step the whole process, but since it doesn't the burden falls on you. Please tell me step by step what comes next so I can be prepared. Thanks, Mollee Merrill 1 Patricia Saternye From: Patricia Saternye Sent: Thursday, November 10, 2016 5:04 PM To: Mollee Merrill Subject: SUB2016-100, SUB2016-182 &SUB2016-183 Merrill subdivisions Attachments: P3-16-100-comments 11-10-2016.pdf; P1-16-182-comments 11-10-2016.pdf; P1-16-183-comments 11-10-2016.pdf; Citizen's_Guide_to_Development_Rights.pdf Mollee. Attached please find comments on SUB2016-100, SUB2016-182 & SUB2016-183. Please note that SUB2016-100 is included here because in doing the other two reviews I realized I needed the wording within one note on SUB2016-100 extended. Adding to that one note on SUB2016-100 will allow the wording of the notes in the two newer submissions to work properly. I have mentioned the "31 acre" rule in these comments, and I've attached a document that discusses it. I think that is something that you and I could meet and chat about. I don't think it changes anything you are doing, it is however something that needs to be included in the plat notes and can be a bit confusing. So you and I can discuss the #s you want to use in those notes. We have a holiday tomorrow (Friday). If you want to go over any of this, and meet to discuss the 31 acre rule, we could set up something next week or later if it is more convenient for you. Have a great weekend. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Patricia Saternye Sent:Wednesday, November 09, 2016 12:50 PM To: Mollee Merrill<Mollee_Merrill@msn.com> Subject: RE: Merrill divisions Mollee, I found something that confirms what you told me today about TMP 84-51 O. Please see attached. I thought you should have this for future reference. 1 41104 11110 This is not the recorded version of the plat, which would be the official version, but this shows that TMP 84- 51 was shown to have 4 development rights of its own after TMP 84-51A was subdivide off from it. It is very likely the attached is just the unrecorded version of what you have for that division. Thank you so much for your help. Our discussion put me on the correct path to finding this. Paty Saternye Senior Planner Community Development ytPt._T� fv ` Y 4a 4.17, Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Patricia Saternye Sent:Wednesday, November 09, 2016 11:46 AM To: Mollee Merrill<Mollee Merrill@msn.com> Subject: RE: Merrill divisions Mollee, Good morning. I was going over your two recent plat submissions and came across something I needed to chat with you about. I tried to call, but I was unable to leave a voicemail. Could you call me. Thanks, Paty Saternye Senior Planner Community Development � Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org 2 From: Patricia Saternye Sent:Wednesday,October 19, 2016 9:06 AM To: Mollee Merrill<Mollee Merrill@msn.com> Subject: RE: Merrill divisions Mollee, Great ©. Thanks, Paty Saternye Senior Planner Community Development aM1 h Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:Mollee Merrill@msn.com] Sent: Monday,October 17, 2016 5:20 PM To: Patricia Saternye<psaternye@albemarle.org> Subject: Re: Merrill divisions Thanks Paty. We're understanding each other perfectly. All that I need to do to get the VHD Certification Letter completed is to have the surveyor mark the drain field on a plat that shows parcel 84-44. The drain field has already been marked on the land. So I hope I can get that done right away. There will probably be something your reviews require, and I want to see if the surveyor can do it all in one trip. Thanks again. I'm eager to see the reviews. Mollee Merrill From: Patricia Saternye<psaternye@albemarle.org> �� Sent: Monday,October 17, 2016 9:41 AM To: Mollee Merrill Subject: RE: Merrill divisions Mollee, Attached please find the comments for SUB201600100— Mary Lee Merrill— Rural Subdivision. The only outstanding comment is the VDH approval, as we have already discussed. Thanks, 3 Paty Saternye Senior Planner Community Development R° yw Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Patricia Saternye Sent: Friday,October 14, 2016 12:19 PM To: Mollee Merrill<Mollee Merrill@msn.com> Subject: RE: Merrill divisions Mollee, Good afternoon. The two new submittal numbers are: • SUB201600182—Susanne C. Merrill's Residence—Rural Subdivision • SUB201600183—Alveley Farm Hay and Forest Products Area—Boundary Line Adjustment Yes, if I'm understanding you correctly that makes sense. 1. I will review it, but not approve it, 2. you get the VDH/Soils tasks done and submitted, 3. we will get VDH approval on the soils work/drainfield items you submitted and 4. Then I will approve them. If that order is not what you are talking about maybe we should chat. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:Mollee Merrill@msn.com] Sent: Friday, October 14, 2016 10:51 AM 4 To: Patricia Saternye<psaternye@albemarle.org> Subject: Merrill divisions Hi Paty, I'm just checking in with you. Could you send me the identification numbers for the new submittals? Also, want to be sure that it made sense to you when I said that I would wait for the reviews of the two new submittals before completing the Health Department requirements since that involves getting the surveyor to come out to locate the drain field that has been marked. You will get the Health Department certification letter for the residue of parcel 84-44 along with the resubmittal of the two new applications. That way the surveyor has to make only one trip out here. Thanks for your help. I hope the reviews are progressing well. Mollee Merrill 5 Patricia Saternye From: Patricia Saternye Sent: Thursday, September 22, 2016 3:33 PM To: Mollee Merrill Subject: RE: Merrill divisions Thank you Mollee. I have received the resubmission. I have not yet seen the two new submissions, but I would not expect to see them until they are processed and put into the County's system. Thanks, Paty Saternye Senior Planner Community Development ' I, `t<Lt1r"�1 Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:Mollee_Merrill@msn.com] Sent:Thursday,September 22, 2016 2:04 PM To: Patricia Saternye<psaternye@albemarle.org> Cc: Mollee Merrill<mollee_merrill@msn.com> Subject: Merrill divisions Hi Paty, By now you should have received the revised plat and the two new division applications. I will not be sending in any additional division application until these three have their final approval. When I receive your reviews, I will have the surveyor complete the requirements for the Health Department, and so you will receive the Health Department Certification Letter and a survey showing the drain field located on the residue of parcel 84-44 along with the revised plats for the two divisions you have just received. I look forward to hearing from you. Mollee Merrill 1 Patricia Saternye From: David Benish Sent: Sunday, September 11, 2016 6:05 PM To: Patricia Saternye; Megan Yaniglos Subject: FW: SUB 2016 00100 --Merrill-- Rural Subdivision Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category FYI. Please contact Liz to let her know what going on with this proposal. What's the size of the "residue" parcel? From: David Benish Sent:Sunday, September 11, 2016 6:04 PM To: Liz Palmer<Ipalmer@albemarle.org> Subject: RE:SUB 2016 00100--Merrill--Rural Subdivision Liz, I will have Paty give you a call Monday morning as I am in meetings for most of day tomorrow and will not have a chance to look into this—and I cannot access the file today(Sunday) to see the plat for this request. Generally though a Rural Division is a type of subdivision of property located in the rural area that will create 2 or more lots of at least 5 acres, so the "residue" is considered a lot that can be sold and developed on the future, but, again, I'm not sure of the circumstance surrounding this particular proposal. Please let me know if you do not hear from Paty tomorrow. Thanks. David From: Liz Palmer Sent: Friday, September 09, 2016 2:56 PM To: David Benish<DBENISH@albemarle.org> Subject: Fwd: SUB 2016 00100--Merrill-- Rural Subdivision David Can you talk to me about this or have Paty call me? Before I talk with this woman I would like to make sure I understand the situation. Thank you 964 7876 Sent from my iPhone Begin forwarded message: From: Patricia Saternye<paaternye@albemarle.org> Date: September 9, 2016 at 2:37:29 PM EDT To: Mollee Merrill <mollee merril@msn.com>, Robert Merrill <nner@netzero.com>, Susanne Merrill <scmerrill52 cr,gmail.com>, Betsy Merrill <emrust2@gmail.com>, Steve Key <keyls@aol.com> Cc: Liz Palmer<lpalmer@albemarle.org> Subject: RE: SUB 2016 00100 --Merrill-- Rural Subdivision Mollee, i I am sorry that there is confusion and frustration. Virginia Department of Health (VDH) approval of the drainfield is a requirement before approval of all subdivision plats where there is no public sewer system. You can however resubmit the plat prior to receiving VDH approval, and then the VDH approval could be submitted later. The only thing that cannot happen is the actual County approval of the plat until the VDH approval is received by the County. I don't know if this is something Mr. Key could have weighed in on, or if he suggested the path you have taken, but admittedly the route to getting the VDH approval you have taken is not one I've seen done before. However, in talking with Travis Davis (VDH) today he said the path you have taken is a valid one. Guidance on the process to get VDH approval is something that the consultants for the owners normally provide to the owners. I do not know which path,the one you have taken versus the one I normally see, is less expensive since I do not deal with those processes. I only review what is submitted to the County. What I said still is correct. You have to get VDH approval for the drainfields for the residue lot you are creating. The survey that Travis Davis is talking about (I do not know all the details, so confirm this with him) is very likely not a whole survey. He is very likely talking about only locating the corners of the drainfields that he has marked. That is just a little more data, and a few more lines, to add to your existing survey. I do not have the authority to approve something for the VDH. I don't even work for them. Thanks, Paty Saternye Senior Planner Community Development X Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve(c@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:mollee merrill@msn.com] Sent: Friday,September 09, 2016 1:23 PM To: Patricia Saternye<psaternye@albemarle.org>; Robert Merrill <rmer@netzero.com>; Susanne Merrill<scmerri1l52(a@gmail.com>; Betsy Merrill<emrust2@gmail.com>; Mollee Merrill <mollee merrill@msn.com>; Steve Key<keyls@aol.com> Cc: Liz Palmer<Ipalmer@albemarle.org> Subject:SUB 2016 00100--Merrill-- Rural Subdivision 2 Hi Paty, I think I'm trapped in a communications snafu between your department and the Health Department. Please use your authority to cut through so we can move forward with the parcels we are dividing. You told me I needed a Certification Letter for the residue of parcel 84-44, so I applied for that and Travis Davis completed the work marking the drain field today. This land is pasture and forest land. There is no use for any drain field where no house will be built in any foreseeable future. The only reason I went to this expense of having the soils work done and drain field marked is that you said it is required. But now, Davis tells me the Health Department won't issue the Certification Letter until a new survey has been completed, and I guess that means a survey showing the useless drain field. We have an existing survey for the whole of parcel 84-44 which is part of Alveley Farm Partnership. We should not need a survey for land that is a residue of the parts we are dividing. The most frustrating part of this situation is that we are being forced to pay for work that is useless --soils test and drain field in a cow pasture/hay field. And now it seems the divisions I have submitted will be delayed for months while an additional survey is completed. Paty, I am sure you have the authority to resolve this dilemma,but if not, please give me the name of someone I can meet with who can. Mollee Merrill 3 • w Patricia Saternye From: Patricia Saternye Sent: Friday, September 02, 2016 3:31 PM To: Mollee Merrill Subject: RE:I misunderstood -- Merrill Subdivision Wonderful O. Thanks Mollee! Paty Saternye Senior Planner Community Development le y Gil` t Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:mollee_merrill@msn.com] Sent: Friday, September 02, 2016 3:30 PM To: Patricia Saternye<psaternye@albemarle.org> Subject: RE: I misunderstood -- Merrill Subdivision Thanks, Paty. All of the below is very helpful. I'll forward it to Bill and the rest of the family. I sent Bill the information you gave me on critical slopes. That's probably why he contacted you. Mollee Merrill From: psaternye@albemarle.org To: mollee merrill@msn.com CC: rmer@netzero.com; scmerrill52@gmail.com; emrust2@gmail.com; keyls@aol.com Subject: RE: I misunderstood -- Merrill Subdivision Date: Thu, 1 Sep 2016 15:28:41 +0000 Mollee, I don't seem to see Bill's email address in the recipients above. Should he be getting copies of these emails? He called me yesterday asking to meet with me in reference to what you have been discussing with me. I asked him to please get with you and your surveyor and find out what you are currently planning and/or considering. 1 } Beyond answering this last question I will need to step back from answering questions for items that have not been officially submitted and are under review. We are currently understaffed and have a high workload, so unfortunately we are unable to provide the same courtesy reviews that we have been giving in the past. So, we just don't have the time to review anything out of a submittal. Also, please keep in mind that until we get an application for the specific subdivisions or boundary line adjustments we can't be sure that it meets all requirements. If you need additional help from the County, outside of an official review of a submittal, we have a "counter planner" assigned to answer general question. That is Brent Nelson and he can be reached at: bnelson(a�albemarle.orq or 434-296-5832 extension 3438. Since I was reviewing the first plat, and will likely be reviewing the plats you submit in the future, it made sense to me to help you as much as I could. However, there seems to be a continuing need for questions to be answered and people in review positions like mine have been asked, because of the increased workload mentioned above, to keep our reviews to those that have been officially submitted and we have been assigned. So Brent Nelson can help you with additional questions outside of an official review. To answer the last outstanding question: For what Betsy wants to do with the property she might not need to cross critical slopes. However, it needs to be understood that anyone in the future who builds a house on the property would need to cross critical slopes in order to get to the building site. So that just needs to be kept in mind. Please see the information below I sent on August 26th about driveways that need to go across critical slopes. I've chatted with another planner (Megan Y.) about your proposed "Bill?" lot and "Betsy" lot. As long as they have sufficient public road frontage (as we discussed in our meeting), VDOT approves the entrances, and the plats are submitted as rural subdivisions or boundary line adjustment— pending further and more thorough review once it is submitted —we think it is likely they would be able to be approved by the County. Just keep in mind, as mentioned above, that until we get an application and official submission for the specific subdivision or boundary line adjustment we can't be sure that it meets all requirements. Thanks, Paty Saternye Senior Planner Community Development fir. • Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:mollee merrill@msn.com] Sent:Thursday,September 01, 2016 9:51 AM To: Patricia Saternye<psaternye@albemarle.org> 2 Cc: Robert Merrill<rmer@netzero.com>;Susanne Merrill<scmerrill52@gmail.com>; Betsy Merrill <emrust2@gmail.com>;Steve Key<keyls@aol.com>; Mollee Merrill<mollee merrill@msn.com> Subject: RE: I misunderstood --Merrill Subdivision Hi Paty, The GIS shows incorrect boundary lines. I've attached a copy of our Alveley Farm survey completed in March, 2002. On the survey the sliver of land along Castle Rock Road is part of 84-53, but we have excluded it from the parcel we are going to sell (area 84-53 plus some of 84-44) so that the new boundary follows the road. The sliver will be included in parcel 84-44 and can become the road frontage and VDOT approved entrance for the area marked for Bill. We will be submitting the application for the area we are going to sell very soon. I don't know yet what Bill will decide about the area marked with his name. We'll work on all that whenever he makes up his mind. Mollee Merrill From:psaternye@albemarle.org To: mollee merrill@msn.com CC: keyls@aol.com; rmer@netzero.com; scmerril152@gmail.com; emrust2@gmail.com Subject: RE: I misunderstood -- Merrill Subdivision Date: Wed, 31 Aug 2016 20:01:45 +0000 Mollee, Your family doesn't own TMP 84-52 does it? If not, I don't know how you are going to get the entrance and frontage for Bill's lot. The graphic you provided me (attached) does not agree with our County online GIS graphic. GIS is not as accurate as a survey but the GIS shows the property line between TMP 84-53 and TMP 84-52 down the middle of Castle Rock Road. If that is correct, and you don't own TMP 84-52 then I don't think the division you have shown me won't work. If the GIS is right then the new/proposed property line between Bill's and Betsy's lot won't give Bill the minimum road frontage required. Please look at the attached GIS/Aerial graphics, confer with Steve, and let me know if I'm misinterpreted something. Thanks, Paty Saternye Senior Planner Community Development vu t� Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org 3 • www.albemarle.org From: Mollee Merrill [mailto:mollee merrill@msn.com] Sent:Tuesday,August 30,2016 6:45 PM To: Patricia Saternye<psaternye@albemarle.org> Cc: Robert Merrill<rmer@netzero.com>; Susanne Merrill<scmerrill52@gmail.com>; Betsy Merrill <emrust2@gmail.com>;Steve Key<keyls@aol.com> Subject: RE: I misunderstood -- Merrill Subdivision Paty, The red line you have marked would be the "driveway/farm road" from Castle Rock Road into the parcel that on this map is labeled as 88.3 acres. Please do not be concerned about whether the "road" would go up the hill to the area you have circled. That area is in discussion by the family. It may end up being attached to 84-51. We'll deal with that issue later. Please do see what you can find out about whether this location would be approved for a "driveway/farm road." Mollee Merrill From:psaternye@albemarle.org To: mollee merrill@msn.com CC: keyls@aol.com; rmer@netzero.com; scmerrill52@gmail.com; emrust2@gmail.com Subject: RE: I misunderstood -- Merrill Subdivision Date:Tue, 30 Aug 2016 15:12:39 +0000 Mollee, I just wanted to make sure I understand your question. The graphic that you and Steve brought to our meeting is somewhat different than the one you attached to the last email. I've attached a scan of the graphic we were using that day in our discussion to this email. On that graphic I have put a RED marker line on the location that I understood you and Steve to be concerned about for entry into the lot. That was the road I was referring to and, although it seems you are now discussing it only being used for a farm access, I think it is the road you are now referring to. Is that correct? Once you confirm that for me then I will reach out to others to see if I can get an answer for you. Also, keep in mind that although your family member may have no intention to do more than farm access you might want to consider that someday another owner may want to use this parcel for another purpose (such as a residence) and you don't want it to have a problem with access to a state road. Critical slopes are also an issue or this road location. Although that road (red line) skirts the flood plain it also has no access up the hiss from the flood plain without crossing critical slopes. Thanks, 4 • Paty Saternye Senior Planner Community Development 01* Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:mollee merrill@msn.com] Sent:Sunday,August 28,2016 11:41 AM To: Patricia Saternye<psaternye@albemarle.org> Cc:Steve Key<keyls@aol.com>; Robert Merrill<rmer@netzero.com>; Susanne Merrill<scmerrill52@gmail.com>; Betsy Merrill<emrust2@gmail.com>; Mollee Merrill<mollee merrill@msn.com> Subject: I misunderstood -- Merrill Subdivision Hi Paty, I'm so sorry. I misunderstood what area your very helpful information on critical slopes referred to. Now I see that you were answering my question about the area on the attached map marked Bill?. Any driveway into that area from Castle Rock Road would definitely disturb a critical slope. Your information is very helpful. Betsy's area, marked on the attached map, has a farm gate on Castle Rock Road, and any proposed driveway there would not cross any critical slope. It would, however, come close or pass through the edge of a Water Protection Ordinance Buffer. We have used a farm road here for over forty years. If Betsy takes this area as a division, are there regulations affecting a driveway that would use our farm road in this area? Thanks again for working with us. It is really helpful that you can find all this information in the county documents. Mollee Merrill From: Mollee Merrill [mailto:mollee merrill@msn.com] Sent:Saturday,August 27, 2016 2:03 PM To: Patricia Saternye<psaternye@albemarle.org> Cc: Robert Merrill<rmer@netzero.com>; Susanne Merrill <scmerrill52@gmail.com>; Betsy Merrill <emrust2@gmail.com>;Steve Key<keyls@aol.com> Subject: RE: Meeting 2:30 p.m.Aug. 10 Hi Paty, I've now read the information you have given me here and I see that the regulations in #3 create impossible conditions for my sister Betsy. We have no money for all of these requirements. My question now is do you know of any Albemarle County rules that are designed for farms instead of housing developments? My sister wants to put cows on the 88.3 acres of land she wants. She has no plans for a driveway or any construction other than a truck path and a well for water for the cows. 5 4004 Thanks for making the effort on this. I am quite discouraged for my sister's sake. Mollee Merrill From: Patricia Saternye Sent: Friday,August 26, 2016 2:40 PM To: Mollee Merrill<mollee merrill@msn.com> Cc: kevls@aol.com Subject: RE: Meeting 2:30 p.m.Aug. 10 Mollee, Here are some answers to the outstanding questions from our meeting. 1. The two acre "kernel" (from the 1980 parcel boundaries) that is needed to utilize a development right does not have to be the portion of the parcel that has the house built on it. It just has to be part of the parcel on which the development right is being used. 2. Albemarle does not have a "transfer of development rights program" like some states. However, the Citizen's Guide to Development Rights (attached) mentions on page 2 Rural Preservation Developments (RPD) (Found in 18-10.3.3 - attached). With an RPD adjacent parcels can be combined into a larger RPD and then all of the development rights that were in the original parcels can be used in one small area of the combined RPD area and the rest of the parcel is preserved. However, they cannot be used outside of the RPD. And therefore you are not transferring them or selling them for use somewhere else in the state. If the people who were talking with you about the transfer of development right state some specific enabling regulation/legislation please let me know the specifics. I'm not finding it. 3. In order to put the access way on the 88.3 Acre parcel critical slopes are going to have to be disturbed with road alignment you showed me. Look at 18-4.2 (attached) for information about critical slopes, and specifically at 4.2.6. Exemptions - subsection (c). This is where "accessways" are listed. It says that accessways "...necessary to allow the use of the parcel shall not be required to be located within a building site [see info on "building site" below] and shall not be subject to the requirements of this section 4.2.2, provided that the applicant demonstrates that no reasonable alternative location or alignment exists. The county engineer shall require that protective and restorative measures be installed and maintained as deemed necessary to insure that the development will be consistent with the intent of section 4.2 of this chapter." "Building Sites" must be outside of the Water Protection Ordinance (WPO) and Critical Slopes areas. So, it is my understanding that if you can show that there are "no reasonable alternative locations or alignments" and if you are willing to do all the protective and restorative measures that the County Engineer deems necessary then the accessway as you have specified might be approvable. This however, even if approvable, will likely take more money,the right consultants, and more time to get approved then a more typical road location. Having an engineer design the road could very well be necessary. The road plan would have to meet all County and Fire Rescue codes/requirement. They would of course also have to get approval from VDOT for an entrance in that location. So my very uncertain answer is that it might be possible but if possible it could very well be a lot more expensive. I'm sorry I can't give you a more definitive answer on this, but there are too many variables. You might want to get someone to estimate for you the difference in cost between the alignment you showed me and one that would be by way of an access easement through the 79.8 Acre lot. Thanks, Paty Saternye Senior Planner Community Development 6 • T- Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Mollee Merrill Finailto:mollee merrill@msn.com] Sent:Wednesday,August 17,2016 12:29 PM To: Patricia Saternye<psaternve@albemarle.org> Subject: RE: Meeting 2:30 p.m.Aug. 10 Yes. Thanks again for checking on these things. Mollee Merrill From:psaternye@albemarle.org To: mollee merrill@msn.com Subject: RE: Meeting 2:30 p.m. Aug. 10 Date:Thu, 11 Aug 2016 16:56:17 +0000 Mollee, My email below did not get to Steve. It bounced back. Could you please make sure he gets the information? Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Patricia Saternye Sent:Thursday,August 11, 2016 12:54 PM To: Mollee Merrill<mollee merrill@msn.com>; Steve Key<keyls@aol.com> Subject: RE: Meeting 2:30 p.m.Aug. 10 7 ' r 4111.0 Mollee and Steve, I checked about the monumentation on the plat for SUB201600100. I was told that it is up to the surveyor. So you will not be expected to find/call out more existing monuments or place anymore "set" pins. I also asked about the stream line moving when it is considered the parcel line. I was told again it was up to the surveyor. I doubt this would impact the submission I've already seen once, since it is over 29 acres. However, keep in mind that for this lot or others if the stream/river change and it brought it below the minimum acreage that could be an issue. In future submission to the county, for subdivisions etc., the existing acreage would have to be the minimum. If you no longer own the minimum that could cause a problem with that submission and review. Thanks, Paty Saternye Senior Planner Community Development 14<LTi Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Patricia Saternye Sent: Friday,August 05, 2016 1:24 PM To: Mollee Merrill<mollee merrill@msn.com> Cc:Steve Key<kevls@aol.com> Subject: RE: Meeting 2:30 p.m.Aug. 10 Great. See you then. Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 8 psaternve@albemarle.org �rrr www.albemarle.org From: Mollee Merrill [mailto:mollee merrill@msn.com] Sent: Friday,August 05, 2016 1:02 PM To: Patricia Saternye<psaternve@albemarle.org> Cc:Steve Key<keyls@aol.com> Subject: RE: Meeting 2:30 p.m.Aug. 10 Yes. I'll bring the 81/2 by 11 divisions map as well as a large copy of the whole Alveley Farm showing all three parcels. Thanks. See you on the 10th. Mollee Merrill From: psaternye@albemarle.org To: mollee merrill@msn.com; keyls@aol.com Subject: RE: Meeting 2:30 p.m. Aug. 10 Date: Thu, 4 Aug 2016 17:11:05 +0000 Sounds great. Do you plan to bring a graphic that shows the big picture, all the things you want to do (other than what is not decided by Karen and Bill)? I will see you then. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:mollee merrill@msn.com] Sent:Thursday,August 04, 2016 12:56 PM To: Patricia Saternye<psaternve@albemarle.org>;Steve Key<keyls@aol.com> Subject: Meeting 2:30 p.m.Aug.-10 Hi Paty and Steve, Let's meet at 2:30 p.m. Wednesday August 10. Thank you, 9 4000 NINO Mollee Merrill io Patricia Saternye From: Seale, Dennis L. (VDOT) <Dennis.Seale@VDOT.Virginia.gov> Sent: Friday, September 02, 2016 1:56 PM To: Patricia Saternye Subject: Re: SUB-2016 00100 Merrill-Rural Subdivision Attachments: image001.gif Paty, Perfect,that will work great. Thanks, Dennis Sent from my iPhone On Sep 2, 2016, at 1:53 PM, Patricia Saternye<psaternve@albemarle.org>wrote: How about as they give me each of the plats I forward you a scan to confirm the location is one of the one you checked and just let me know which number it is? Would that be appropriate and the least work? Just let me know if this is good with you. I only have one plat submitted so far which only includes one driveway. They unfortunately are using a large paper size, so I had to scan the first one they have given me in sections of pages (see attached). The existing driveway is shown on page 5 of the PDF. Thanks, Paty Saternye Senior Planner Community Development <image001.gif> Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From:Seale, Dennis L. (VDOT) [mailto:Dennis.Seale@VDOT.Virginia.gov] Sent: Friday,September 02, 2016 1:45 PM To: Patricia Saternye<psaternve@albemarle.org> Subject: Re:SUB-2016 00100 Merrill-Rural Subdivision Paty, 1 (11100 I asked if she had a plat of the parcels and I believe they were still working on that. If you have a copy of the plats that would be great or if it would make it easier I can take the county GIS and mark each location as referenced in my comments and send back to you. Thanks, Dennis Sent from my iPhone On Sep 2, 2016, at 1:38 PM, Patricia Saternye< satern e albemarle.or_>wrote: Dennis, Do you have anything of a graphic nature that might help me to identify where each of these entrances exist? Anything you might be able to send my way would be appreciated. Thanks, Paty Saternye Senior Planner Community Development <image001.gif> Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From:Seale, Dennis L. (VDOT) [mailto:Dennis.Seale@VDOT.Virginia.gov] Sent: Friday,September 02, 2016 12:12 PM To: Patricia Saternye<psaternve@albemarle.org> Cc: mollee merrill@msn.com Subject:SUB-2016 00100 Merrill-Rural Subdivision Good Afternoon Paty and Mollee, I have reviewed in the field and have approved the following entrance locations with description as provided to me in the field for review as new or existing locations below. These entrances area approved and meet VDOT private entrance standards as noted. 1) Existing driveway at 1952 Castle Rock Road is approved for continued use as is with no improvements needed. 2) Existing gated entrance across from address 1952 is approved for continued use as is which may have a future boundary line adjustment possible which will not have any impact on this approval. 3) Existing Driveway for 1955 Castle Rock Road is approved for continued use as is with no improvements needed. 2 4) Existing Driveway for 2080 is approved for continued use as is with no improvements needed. 5) Existing gated driveway left in the curve is approved for continued use as is with no improvements needed. 6) Location has been verified and approved for a new private entrance location about 200' past the existing gated entrance mentioned in#5 above which will meet current VDOT private entrance specs.A Land Use Permit will be required prior to starting construction. If you should have any concerns or questions please let me know. Thanks, Dennis Seale Engineering Specialist VDOT Charlottesville Residency 434-531-2877 <SUB201600100 Plat 1st submission in 11x17 sections.pdf' 3 4111111110111111111111111111 „ 11141 • 140., 101 Patricia Saternye From: Patricia Saternye Sent: Wednesday,August 31, 2016 5:32 PM To: Mollee Merrill Subject: RE:I misunderstood -- Merrill Subdivision Attachments: Albemarle_County_Code_Ch14_Subdivision_of_Land 14-229 Deferral of review.pdf Mollee, Since you were concerned about the timing of the VDH approval I just wanted to send you the attached County Code reference. Look at Section 14-229 (A) of the Subdivision Ordinance on that page. If at some point in the future you think things will take too long on one of the plats you have submitted you have the right to "defer" the review for up to six months. Just thought it might be good for you to know in the future. Thanks, Paty Saternye Senior Planner Community Development � t r t "I44`IISII 'f7Yao Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Patricia Saternye Sent:Wednesday,August 31, 2016 4:02 PM To: Mollee Merrill<mollee_merrill@msn.com> Cc:Steve Key<keyls@aol.com>; Robert Merrill<rmer@netzero.com>; Susanne Merrill<scmerrill52@gmail.com>; Betsy Merrill<emrust2@gmail.com> Subject: RE: I misunderstood-- Merrill Subdivision Mollee, Your family doesn't own TMP 84-52 does it? If not, I don't know how you are going to get the entrance and frontage for Bill's lot. The graphic you provided me (attached) does not agree with our County online GIS graphic. GIS is not as accurate as a survey but the GIS shows the property line between TMP 84-53 and TMP 84-52 down the middle of Castle Rock Road. If that is correct, and you don't own TMP 84-52 then I don't think the division you have shown me won't work. If the GIS is right then the new/proposed property line between Bill's and Betsy's lot won't give Bill the minimum road frontage required. 1 400 Please look at the attached GIS/Aerial graphics, confer with Steve, and let me know if I'm misinterpreted something. Thanks, Paty Saternye Senior Planner Community Development Vtt Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:mollee merrill@msn.com] Sent:Sunday,August 28, 2016 11:41 AM To: Patricia Saternye<psaternve@albemarle.org> Cc:Steve Key<kevls@aol.com>; Robert Merrill<rmer@netzero.com>; Susanne Merrill<scmerrill52@gmail.com>; Betsy Merrill<emrust2@gmail.com>; Mollee Merrill <mollee merrill@msn.com> Subject: I misunderstood-- Merrill Subdivision Hi Paty, I'm so sorry. I misunderstood what area your very helpful information on critical slopes referred to. Now I see that you were answering my question about the area on the attached map marked Bill?. Any driveway into that area from Castle Rock Road would definitely disturb a critical slope. Your information is very helpful. Betsy's area, marked on the attached map, has a farm gate on Castle Rock Road, and any proposed driveway there would not cross any critical slope. It would, however, come close or pass through the edge of a Water Protection Ordinance Buffer. We have used a farm road here for over forty years. If Betsy takes this area as a division, are there regulations affecting a driveway that would use our farm road in this area? Thanks again for working with us. It is really helpful that you can find all this information in the county documents. Mollee Merrill 2 Patricia Saternye From: Patricia Saternye Sent: Friday,August 26, 2016 2:42 PM To: Mollee Merrill Subject: RE: Merrill divisions I was literally writing your answers when I got this ©. Please see my other email. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:mollee_merrill@msn.com] Sent: Friday,August 26, 2016 2:33 PM To: Patricia Saternye<psaternye@albemarle.org> Cc:Steve Key<keyls@aol.com> Subject: Merrill divisions Hi Paty, I'm wondering if you were able to find out if the division rights rules require that any construction be limited to the area transferred to Susanne's plat from parcel 84-53. If you remember we were talking about a small area that will become part of Susanne's plat, and Steve was suggesting that it could bring one division right with it from parcel 84-53. Mollee Merrill i said Patricia Saternye From: Patricia Saternye Sent: Tuesday,August 09, 2016 3:29 PM To: Mollee Merrill Subject: RE: Merrill Subdivision Plat Okay. I'm sure it will all make sense once I see it all tomorrow O. Thanks, Paty Saternye Senior Planner Community Development .' `. c,- I.`" Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:mollee_merrill@msn.com] Sent:Tuesday,August 09, 2016 2:05 PM To: Patricia Saternye<psaternye@albemarle.org> Subject: RE: Merrill Subdivision Plat Hi Paty, The area I labeled as parcel Y will be a new submission. The same for what I labeled as parcel Z. Steve Key has completed the survey work for these two divisions. At our meeting I want to make sure we understand all the information that needs to go on the plats for these two new submissions. Parcel X will be resubmitted with the changes you indicated, and I want to check it with you to see that we understand all that is required. So, in the next few weeks you will get a resubmission of parcel X and two new submissions. We'll talk about the other potential divisions, but the family is not ready yet to make the final decisions. Thanks for your help. We'll see you tomorrow. Mollee Merrill From:psaternye@albemarle.org To: mollee merrill@msn.com 1 two Subject: RE: Merrill Subdivision Plat Date:Tue, 9 Aug 2016 17:47:21 +0000 Mollee, I notice a parcel "Y" is listed in your questions. Your previous submission did not include a parcel "Y". Is it correct that this is a whole new submission? Or is this an expansion on the last submission that now just includes "Y"? Will you be resubmitting the first one. I won't be able to research answers to your questions before our meeting since I don't seem to have the plat you are referring to. I just might have to do more research after the meeting because of that. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:mollee merrill@msn.com] Sent:Wednesday,August 03,2016 5:27 PM To: Patricia Saternye<psaternve@albemarle.org> Subject: RE: Merrill Subdivision Plat Hi Paty, I haven't heard from Steve Key, the surveyor, yet, but as soon as I do I'll call you to confirm our meeting on Wednesday, August 10th. I've attached a list of questions most of which are just procedural things I want to know. The most important thing will be for Steve to understand want needs to be on the survey plats especially since there will be a residue area. Thanks for all you help. Mollee Merrill From: psaternye@albemarle.org To: mollee merrill@msn.com Subject: FW: Merrill Subdivision Plat Date:Tue, 2 Aug 2016 16:57:15 +0000 Mollee, 2 I've gotten word from Greg Kamptner (see below)that I can move forward your review. Can we set something up for next week? What is your availability? Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Greg Kamptner Sent: Tuesday,August 02, 2016 12:35 PM To: Patricia Saternye<psaternye@albemarle.org> Subject: Merrill Subdivision Plat Paty- My recommendation is that you proceed with the subdivision plat review. The Virginia Code section referred to by Mr. Alexander does not prohibit the County from proceeding with its review, and it would appear to be superseded by the partnership agreement which allows Mary Lee Merrill as the general partner. Whether we are dealing with a limited partnership or a general partnership, the partnership agreement controls the powers and liabilities of the partners, including the general partner. See, for example, Virginia Code § 50- 73.29(A), which applies to limited partnerships: "Except as provided in this chapter or in the partnership agreement, a general partner of a limited partnership has the rights and powers of a partner in a partnership without limited partners." So, returning to my July 4 email, based on the information provided, it appears that Mary Lee Merrill as general partner is authorized to subdivide the property under Section 8.2(2) of the Alveley Farm First Amended and Restated Limited Partnership Agreement. Section 19.10 of the Partnership Agreement, by which the partners in the partnership waive the right "to maintain an action for partition," is not applicable because a subdivision under the County's subdivision ordinance is not a partition action. If some members of the partnership dispute the general partner's authority, then they need to resolve that internally without the County's involvement. The County cannot resolve the dispute for them and I do not want the County to step into the internal operations of a partnership beyond the plain application of the language of the partnership agreement, as explained above. Greg Kamptner County Attorney 3 • (10 County of Albemarle gkamptner@albemarle.org 434-972-4067 ext. 3268 { 4 Patricia Saternye From: Mollee Merrill <mollee_merrill@msn.com> Sent: Friday,August 05, 2016 1:02 PM To: Patricia Saternye Cc: Steve Key Subject: RE: Meeting 2:30 p.m.Aug. 10 Yes. I'll bring the 81/2 by 11 divisions map as well as a large copy of the whole Alveley Farm showing all three parcels. Thanks. See you on the 10th. Mollee Merrill From: psaternye@albemarle.org To: mollee_merrill@msn.com; keyls@aol.com Subject: RE: Meeting 2:30 p.m. Aug. 10 Date:Thu, 4 Aug 2016 17:11:05 +0000 Sounds great. Do you plan to bring a graphic that shows the big picture, all the things you want to do (other than what is not decided by Karen and Bill)? I will see you then. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:mollee_merrill@msn.com] Sent:Thursday,August 04, 2016 12:56 PM To: Patricia Saternye<psaternye@albemarle.org>; Steve Key<keyls@aol.com> Subject: Meeting 2:30 p.m.Aug. 10 Hi Paty and Steve, Let's meet at 2:30 p.m. Wednesday August 10. 1 Thank you, Mollee Merrill 2 • '4140." '*1401 Patricia Saternye From: jalalexander@comcast.net Sent: Thursday,August 04, 2016 2:04 PM To: Patricia Saternye Subject: Re: Merrill Subdivision Plat Dear Ms. Saternye, Thank you for your courtesy in advising of the status. Much appreciated. Jim Alexander From: "Patricia Saternye" <psaternye@albemarle.org> To: jalalexander@comcast.net Cc: "Karen Merrill" <karen77merrill@gmail.com> Sent: Tuesday, August 2, 2016 1:02:17 PM Subject: FW: Merrill Subdivision Plat Mr. Alexander, I have been given approval to move forward on applications from Mollee Merrill once they are submitted. I do not have any currently in review. Please see Mr. Kamptner's follow up after your email on 7/5/16. Thanks, Paty Saternye Senior Planner Community Development Or f 16 Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From:Greg Kamptner Sent:Tuesday,August 02, 2016 12:35 PM 1 11111111111. To: Patricia Saternye<psaternye@albemarle.org> Subject: Merrill Subdivision Plat Paty- My recommendation is that you proceed with the subdivision plat review.The Virginia Code section referred to by Mr. Alexander does not prohibit the County from proceeding with its review, and it would appear to be superseded by the partnership agreement which allows Mary Lee Merrill as the general partner. Whether we are dealing with a limited partnership or a general partnership,the partnership agreement controls the powers and liabilities of the partners, including the general partner.See,for example,Virginia Code § 50-73.29(A), which applies to limited partnerships: "Except as provided in this chapter or in the partnership agreement,a general partner of a limited partnership has the rights and powers of a partner in a partnership without limited partners." So, returning to my July 4 email, based on the information provided, it appears that Mary Lee Merrill as general partner is authorized to subdivide the property under Section 8.2(2) of the Alveley Farm First Amended and Restated Limited Partnership Agreement. Section 19.10 of the Partnership Agreement, by which the partners in the partnership waive the right"to maintain an action for partition," is not applicable because a subdivision under the County's subdivision ordinance is not a partition action. If some members of the partnership dispute the general partner's authority,then they need to resolve that internally without the County's involvement.The County cannot resolve the dispute for them and I do not want the County to step into the internal operations of a partnership beyond the plain application of the language of the partnership agreement, as explained above. Greg Kamptner County Attorney County of Albemarle gkamptner@albemarle.org 434-972-4067 ext. 3268 2 fir/ Noof Patricia Saternye From: Mollee Merrill <mollee_merrill@msn.com> Sent: Thursday,August 04, 2016 12:56 PM To: Patricia Saternye; Steve Key Subject: Meeting 2:30 p.m.Aug. 10 Hi Paty and Steve, Let's meet at 2:30 p.m. Wednesday August 10. Thank you, Mollee Merrill 1 Patricia Saternye From: Patricia Saternye Sent: Thursday,August 04, 2016 9:03 AM To: Mollee Merrill Subject: RE: Merrill Subdivision Plat Thanks. I'll try to go over the list prior to our meeting and see if I can bring at least some of the answers to the room. Others may take a little research that I will do after the meeting and after I have seen the whole picture ©. Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:mollee_merrill@msn.com] Sent:Wednesday,August 03, 2016 5:27 PM To: Patricia Saternye<psaternye@albemarle.org> Subject: RE: Merrill Subdivision Plat Hi Paty, I haven't heard from Steve Key, the surveyor, yet, but as soon as I do I'll call you to confirm our meeting on Wednesday, August 10th. I've attached a list of questions most of which are just procedural things I want to know. The most important thing will be for Steve to understand want needs to be on the survey plats especially since there will be a residue area. Thanks for all you help. Mollee Merrill From: psaternve@albemarle.org To: mollee merrill@msn.com Subject: FW: Merrill Subdivision Plat Date: Tue, 2 Aug 2016 16:57:15 +0000 Mollee, 1 I've gotten word from Greg Kamptner (see below) that I can move forward with your review. Can we set something up for next week? What is your availability? Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Greg Kamptner Sent:Tuesday, August 02, 2016 12:35 PM To: Patricia Saternye<psaternye@albemarle.org> Subject: Merrill Subdivision Plat Paty- My recommendation is that you proceed with the subdivision plat review. The Virginia Code section referred to by Mr. Alexander does not prohibit the County from proceeding with its review, and it would appear to be superseded by the partnership agreement which allows Mary Lee Merrill as the general partner. Whether we are dealing with a limited partnership or a general partnership,the partnership agreement controls the powers and liabilities of the partners, including the general partner. See, for example, Virginia Code § 50- 73.29(A), which applies to limited partnerships: "Except as provided in this chapter or in the partnership agreement, a general partner of a limited partnership has the rights and powers of a partner in a partnership without limited partners." So, returning to my July 4 email, based on the information provided, it appears that Mary Lee Merrill as general partner is authorized to subdivide the property under Section 8.2(2) of the Alveley Farm First Amended and Restated Limited Partnership Agreement. Section 19.10 of the Partnership Agreement, by which the partners in the partnership waive the right "to maintain an action for partition," is not applicable because a subdivision under the County's subdivision ordinance is not a partition action. If some members of the partnership dispute the general partner's authority, then they need to resolve that internally without the County's involvement. The County cannot resolve the dispute for them and I do not want the County to step into the internal operations of a partnership beyond the plain application of the language of the partnership agreement, as explained above. Greg Kamptner County Attorney 2 County of Albemarle gkamptner@albemarle.org 434-972-4067 ext. 3268 3 • v Patricia Saternye From: Greg Kamptner Sent: Tuesday,August 02, 2016 12:46 PM To: Patricia Saternye Subject: RE: Merrill Subdivision Plat Paty- Feel free to share this with the applicant and anyone else. Greg Kamptner County Attorney County of Albemarle gkamptner@albemarle.org 434-972-4067 ext. 3268 From:Greg Kamptner Sent:Tuesday,August 2, 2016 12:35 PM To: Patricia Saternye<psaternye@albemarle.org> Subject: Merrill Subdivision Plat Paty- My recommendation is that you proceed with the subdivision plat review. The Virginia Code section referred to by Mr. Alexander does not prohibit the County from proceeding with its review, and it would appear to be superseded by the partnership agreement which allows Mary Lee Merrill as the general partner. Whether we are dealing with a limited partnership or a general partnership, the partnership agreement controls the powers and liabilities of the partners, including the general partner. See,for example,Virginia Code § 50-73.29(A), which applies to limited partnerships: "Except as provided in this chapter or in the partnership agreement, a general partner of a limited partnership has the rights and powers of a partner in a partnership without limited partners." So, returning to my July 4 email, based on the information provided, it appears that Mary Lee Merrill as general partner is authorized to subdivide the property under Section 8.2(2)of the Alveley Farm First Amended and Restated Limited Partnership Agreement. Section 19.10 of the Partnership Agreement, by which the partners in the partnership waive the right "to maintain an action for partition," is not applicable because a subdivision under the County's subdivision ordinance is not a partition action. If some members of the partnership dispute the general partner's authority, then they need to resolve that internally without the County's involvement.The County cannot resolve the dispute for them and I do not want the County to step into the internal operations of a partnership beyond the plain application of the language of the partnership agreement, as explained above. Greg Kamptner County Attorney County of Albemarle gkamptner@albemarle.org 434-972-4067 ext. 3268 1 Patricia Saternye From: Mollee Merrill <mollee_merrill@msn.com> Sent: Saturday,July 16, 2016 4:09 PM To: Greg Kamptner; Patricia Saternye Cc: Robert Merrill; Susanne Merrill; Mollee Merrill; Betsy Merrill Subject: SUB2016 00100 Merrill - Rural Subdivision Hi Mr. Kamptner, Thank you for your assistance in helping Alveley Farm Limited Partnership move forward with our plans to subdivide land in Albemarle County. Paty Saternye has told me that she cannot meet with me to clarify requirements on the survey plats until you had reviewed the challenges made by Mr.James Alexander representing one of the partners, Bill Merrill. Having looked up code 50-73.99 J, I see that Mr. Alexander's challenge refers only to our now abandoned plan to dissolve the partnership in conjunction with the distribution of parcels of land to each partner. Code 50- 73.99J supports the position of the majority of the partners who want to subdivide the land and sell one or more divisions. Mr. Alexander offered no challenge to Section 8 of the Partnership Agreement stating the authority of the General Partner to subdivide and sell land except for his claim that the sale must be to a third party. I do not expect Mr. Alexander to pursue such a challenge since his client's home sits on six acres of land acquired through the General Partner's authority to sell land to a limited partner. Four out of six partners in Alveley Partnership agree that we need to subdivide and sell land. In two years we will run out of money to pay taxes to the county, and the land has no active income. A fifth, partner, Margaret, has expressed the desire to take ownership of parcel 84-51, a transfer of ownership possible under section 8 of the Partnership Agreement. I have heard nothing from Mr. Alexander or Bill Merrill in the past week. Going ahead with the county process for subdivisions is what the majority of partners want. I hope you will tell Paty Saternye that she can meet with me so the Merrill family can move forward. If there is any additional information I can supply, please let me know. Thank you again for your help. Mollee Merrill 1 Patricia Saternye From: Patricia Saternye Sent: Friday,July 15, 2016 2:53 PM To: Mollee Merrill Subject: RE: SUB2016 00100 Merrill - Rural Division Mollee, If I don't get word from the County Attorney before I leave on vacation then I will just plan to see where things are when I get back. Once I hear something I will let you know. If he says it okay for me to meet with you then I will contact you to set up an appointment. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:mollee_merrill@msn.com] Sent: Friday,July 15, 2016 2:10 PM To: Patricia Saternye<psaternye@albemarle.org>; Greg Kamptner<GKamptne@albemarle.org> Cc: Robert Merrill<rmer@netzero.com>; Susanne Merrill<scmerrill52@gmail.com>; Betsy Merrill <emrust2@gmail.com>; Mollee Merrill <mollee_merrill@msn.com> Subject: RE:SUB2016 00100 Merrill- Rural Division Paty, I understand completely. I expected that Karen and her attorney would attempt to block all divisions of our family's property although how that benefits Karen and Bill, her husband, I can't imagine. Please forward to me the email Mr. Alexander sent that had those state code references. Perhaps Mr. Kamptner could send his response to me as well as to you since you will be on vacation. It might be helpful, also, if I talked to Mr. Kamptner. Let's set up a meeting as soon as you return and have the opinion of Mr. Kamptner. 1 isoomommr 4110 11111110 Mollee Merrill From:psaternye@albemarle.org To: mollee merrill@msn.com Subject: RE: SUB2016 00100 Merrill - Rural Division Date:Thu, 14 Jul 2016 16:13:09+0000 Mollee, Setting up an appointment is going to be slightly complicated by two things. First, I'm on vacation next week. So we would need to set something up for after that. Second, I just need to get a second confirmation from the County Attorney about meeting with you. He had said, based upon looking at your partnership agreement,that you had the right to do the subdivisions. However,just after that Bill & Karen's lawyer sent a second email with some state code references. I have reached out to our attorney for that 2nd confirmation, but I have not heard back yet. I don't think meeting with you will be an issue but when lawyers get involved I just need to give the County Attorney time for input. I hope you understand. Thanks, Paty Saternye Senior Planner Community Development Rt 15. d Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:mollee merrill@msn.com] Sent:Thursday,July 14, 2016 11:16 AM To: Patricia Saternye<psaternye@albemarle.org> Subject:SUB2016 00100 Merrill- Rural Division Hi Paty, I would like to make an appointment with you so we can move forward with the division process. Attached is the surveyor's map of the proposed division lines. I can bring printed copies, but is the 8x11 size ok? I have asked the surveyor if he would like to be there. Would you like him to be there? Mollee Merrill 2 fir, Patricia Saternye From: Patricia Saternye Sent: Friday,July 15, 2016 2:48 PM To: Mollee Merrill Subject: FW: SUB201600100 Merrill - Rural Subdivision Mollee, Here is the 2nd letter from Mr. Alexander that you asked about. I think you were copied on it. I'll respond to your other question in another email. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From:jalalexander@comcast.net [mailto:jalalexander@comcast.net] Sent:Tuesday,July 05, 2016 11:55 AM To: Patricia Saternye<psaternye@albemarle.org>; Greg Kamptner<GKamptne@albemarle.org> Cc: Merrill, Karen<karen77merrill@gmail.com>; Merrill, Bill<wgkmerrill@gmail.com>; Mollee Merrill <mollee_merrill@msn.com> Subject: Re:SUB201600100 Merrill - Rural Subdivision Dear Ms. Saternye and Mr. Kamptner, Thank you for your prompt response. A number of issues can be raised to address the lack of authority of Mollee Merrill to proceed with a subdivision that divests of all partnership assets, and thus essentially dissolve the partnership. Principal among these 1 arguments are the provisions of Code of Virginia §50- 73.99(J), which places an impediment to the County approval of anysubdivision proposed only by Mollee pp Merrill without the concurrence of all partners. Here, theg eneral partner has attempted to proceed without approval of all partners, with express opposition by anotherp artner. The Code of Virginia mandates that the actionro osed by Mollee Merrill, which is far beyond p p the ordinary course of business of this partnership, that such an action can only be taken with the consent of all partners. §50-73.99(J) provides: "J. A difference arising as to a matter in the ordinary course of business of a partnership may be decided by a majority of the partners. An act outside the ordinary course of business of a partnership . . . may be undertaken only with the consent of all of the partners." Section 4 of the partnership agreement sets forth the purpose of this partnership to ". . . conduct a general livestock and farming business on its realp roperty situated on both sides of State Route 691 near Batesville, in Albemarle County, Virginia. . ." There can be no reasonable argument that this 2 • subdivision attempt is simply a part o�the ordinary pY course of business of this farming partnership that has existed for decades. This subdivision divests all of the assets of the partnership in a form of dissolution, not part of the ordinary business of the farming partnership. The result of this subdivision removes partnership title from all property owned by the partnership by distributing the land titled in each individual name. As such, the approval of all partners is required in order to proceed. Partner Bill Merrill does not approve of this subdivision. We also understand, and now represent, that Margaret Merrill, another sibling partner of the six partners also does not approve of the subdivision. In short, Mollee Merrill cannot proceed without the approval of all partners. We have made known that all partners do not approve of the subdivision. We have supplied authority that negates any attempt by Mollee Merrill to unilaterally proceed without the approval of all partners. We again request that the County desist from processing the subdivision application. We refrain from submitting additional arguments in order to avoid burdening your office. Should further material be necessary we will comply as needed. 3 While we disagree with the conclusion as to the affect of section 19. 10 previously addressed [barring partition of the property], we submit that the intent of p p the agreement as to 'subdivision' in section 8.2 is intended to apply to third parties not a part of this partnership agreement, i.e. that any subdivision authority is not intended to give partnership land to any individual partner. In addition, we more broadly view the language whereby the parties waive "any action" for partition of the property to include an action taken with the county to break up the larger parcel. The basic premise of partition is designed to transfer common ownership of property into separate ownership of portions of the parcel, e.g. Black's dictionary, ' The dividing of lands held by joint tenants, coparceners, or tenants in common, into distinct portions, so that they may hold them in severalty. And, in a less technical sense, any division of real or personal property between co-owners or co- proprietors, (Black's Law Dictionary) We need not belabor the point with your office at this juncture, but this would be a part of the grounds in any court proceeding required to address the subdivision. The intent throughout is to take the least 4 path to resolvingthis issue by preventing the subdivision application based solely on Mollee Merrill's signature without the attendant delay and expense of other proceedings. Thank you for your consideration. Respectfully submitted, James A. Alexander 1130 George James Loop Radiant, VA 22732-3223 Jalalexander@comcast.net 540-308-7413 Mobile: 925-788-6056 NOTICE: The information contained in this email transmission is intended by James A. Alexander, Attorney at Law for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee (or a person authorized to deliver it to the named addressee). If you have received this email transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by fax, email or by calling James A. Alexander, Attorney at Law at (540) 308- 7413, so that our address record can be corrected. 5 (Id SOO From: "Patricia Saternye" <psaternve(a�albemarle.orq> To: "Karen Merrill" <karen77merrillagmail.com> Cc: "Bill Merrill" <wgkmerriMgmail.com>, "Mollee Merrill" <mollee merrill a(�,msn.com>, ja1 alexander comcast.net Sent: Tuesday, July 5, 2016 8:19:34 AM Subject: FW: SUB201600100 Merrill - Rural Subdivision Karen, As requested, I forwarded the information you and Mr. Alexander sent in reference to SUB201600100 Merrill - Rural Subdivision. Please see Greg Kamptner's (the County Attorney) response below. Thanks, Paty Saternye Senior Planner Community Development ,.- t.- Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve(cr)albemarle.org www.albemarle.org From: Greg Kamptner Sent: Monday, July 04, 2016 1:20 PM To: Patricia Saternye <psaternve(a)albemarle.org> Subject: Merrill Subdivision Paty- Based on the information provided, it appears that Mary Lee Merrill as general partner is authorized to subdivide the property under Section 8.2(2) of the Alveley Farm First Amended and Restated Limited Partnership Agreement. Section 19.10 of the Partnership Agreement, by which the partners in the partnership waive the right "to maintain an action for partition." Partition is a remedy in a judicial proceeding where the court partitions property and division of property by partition is not subject to the County's subdivision regulations. If those challenging the authority of Mary Lee Merrill to subdivide the property have any additional information, I am happy to review it. Greg Kamptner County Attorney County of Albemarle gkamptner(a�albemarle.orq 434-972-4067 ext. 3268 6 • Patricia Saternye From: Patricia Saternye Sent: Thursday,July 14, 2016 10:44 AM To: Greg Kamptner Subject: FW: SUB201600100 Merrill - Rural Subdivision Greg, I just wanted to touch base in reference to SUB201600100 Merrill - Rural Subdivision moving forward. You had responded on 7/5/16, after the initial contact from Bill & Karen Merrill's lawyer that "... it appears that Mary Lee Merrill as general partner is authorized to subdivide the property under Section 8.2(2) of the Alveley Farm First Amended and Restated Limited Partnership Agreement." In response to your email we then received another email from her lawyer (James Alexander) on 7/5/16. He quoted some state laws and stated again that "Mollee Merrill cannot proceed without approval of all partners." Since Mollee (Mary Lee) Merrill is reaching out to me again (see below) and hopes to have a meeting to discuss all of the proposed boundary changes with me I wanted to make sure that nothing Mr. Alexander stated on 7/5/16 changed your belief that Mollee Merrill has the legal right to move forward with the subdivisions and boundary line adjustments. Please let me know. I don't want to move forward if it is not appropriate. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org 1 um. From: Mollee Merrill [mailto:mollee_merrill@msn.com] Sent:Thursday,July 07,2016 12:46 PM To: Patricia Saternye<psaternye@albemarle.org>; Greg Kamptner<GKamptne@albemarle.org> Subject:SUB201600100 Merrill- Rural Subdivision Paty, I'm resending this email because I misspelled Mr. Kamptner's name and I did want to copy him on it. Thanks again for your help in all of this. Hi Paty, I am sorry about the recent bump in the road caused by my brother Bill and his attorney friend. I have asked the surveyor, Steve Key,to prepare a one page worksheet showing all the proposed boundaries. When that is completed, I will ask you for an appointment, so we can go over all of it and work together to make the division applications complete and correct. Thank you for your patience. Mollee Merrill Mollee Merrill 2 Patricia Saternye From: Mollee Merrill <mollee_merrill@msn.com> Sent: Thursday,July 07, 2016 12:46 PM To: Patricia Saternye; Greg Kamptner Subject: SUB201600100 Merrill - Rural Subdivision Paty, I'm resending this email because I misspelled Mr. Kamptner's name and I did want to copy him on it. Thanks again for your help in all of this. Hi Paty, I am sorry about the recent bump in the road caused by my brother Bill and his attorney friend. I have asked the surveyor, Steve Key,to prepare a one page worksheet showing all the proposed boundaries. When that is completed, I will ask you for an appointment, so we can go over all of it and work together to make the division applications complete and correct. Thank you for your patience. Mollee Merrill Mollee Merrill 1 • Patricia Saternye From: Patricia Saternye Sent: Wednesday,July 06, 2016 3:55 PM To: Greg Kamptner Subject: FW: SUB201600100 Merrill - Rural Subdivision Greg, I'm not sure if I should forward this to you or not, but it is a follow up on one they sent directly to the two of us earlier today. Please let me know if I should ask them to stop forwarding you things directly. I did not ask them to do so to begin with. I'm still new to planning at Albemarle. So If I am missing any normal procedure please just give me a heads up. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From:jalalexander@comcast.net [mailto:jalalexander@comcast.net] Sent:Wednesday,July 06, 2016 3:13 PM To: Patricia Saternye<psaternye@albemarle.org> Cc: Merrill, Karen<karen77merrill@gmail.com> Subject:SUB201600100 Merrill- Rural Subdivision Dear Ms. Saternye, Earlier today Robert Merrill copied you on a message intended to block Karen Merrill's access to the County regarding the pending subdivision application. rr■r Of course Karen Merrill has access to the County to address this subdivision. Please find attached herewith a copy m of response to Mr. Merrill, and inviting him to Y address me directly should he have any further questions. Please forgive this bit of family 'dynamics' spilling over into your office. Kind regards, Jim Alexander James A. Alexander 1130 George James Loop Radiant, VA 22732-3223 Jal alexander@comcast.net 540-308-7413 Mobile: 925-788-6056 NOTICE: The information contained in this email transmission is intended by James A. Alexander, Attorney at Law for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee (or a person authorized to deliver it to the named addressee). If you have received this email transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by fax, email or by calling James A. Alexander, Attorney at Law at (540) 308- { 7413, so that our address record can be corrected. 2 • From: ialalexander@comcast.net To: "Bill Merrill" <wgkmerriMgmail.com>, "Mollee Merrill" <mollee merriMmsn.com>, "Susanne Merrill" <scmerrill52asimail.com>, "Robert Merrill" <rmer@netzero.com>, "Betsy Merrill" <emrust2 a gmail.com>, "Margaret Merrill" <mmerrill(a vt.edu> Sent: Wednesday, July 6, 2016 1:13:51 PM Subject: Re: SUB201600100 Merrill - Rural Subdivision To All: Earlier today I sent an email to the group indicating a commitment to cooperate to reach an amicable settlement of the pending issues in response to Mollee's earlier email. A copy of that is attached below for your ready reference. I have just received a copy of Robert's diatribe against Karen Merrill that he sent this morning, full of false statements, an attempt to portray her in a false light, and threatening a restraining order. You may be sure that such conduct will get my attention, but not my cooperation. Please understand that Bill Merrill, as a partner, can and will advance his interests through various agents acting on his behalf. Karen is surely one such agent. Karen has never represented herself as a partner to the 3 4160 4,10) County. I demand that Robert retract that statement or showp roof that such an event took place. Spreading false statements will not advance the issues. Karen has every right to contact the County, not only as an agent of one of your partners, but also as a member of the public for a publicly filed subdivision. Please refer to the Virginia Freedom of Information Act FOIA), located § 2.2-3700 et. seq. of the Code of Virginia. I may also employ her as an agent to obtain records and information. Karen has no need to retain a lawyer with regard to partnership business; your comment that she has done so is blatantly false. Besides, why would she need to do so when I already represent her husband with regard to this partnership business. Robert, you should also understand that Karen was invited and encouraged to attend the farm division meeting at Mollee's house on June 20th. Please see Mollee's message of June 17th, 12:38 p.m., on which you were listed as one of the recipients. Your desire to now make partnership business proprietary is both late and illogical and altogether mean spirited. 4 Vl Now turning to your dastardly attempt to portray Karen in a false light: Karen has never held any animosity for her sisters-in-law....quite the contrary! Your malicious and vitriolic comments do not disturb the affection Karen has for her sisters-in-law, but your comments reveal much of your attitude toward Karen. Lastly, we can easily dismiss your feckless threat to obtain a restraining order. Please understand that I represent Karen for any matters that may arise herein. Should you wish to comment further toward Karen please send such correspondence to me directly. I look forward to working toward resolving this matter amicably, but I can be moved toward a different path if you so desire. Sincerely, James A. Alexander 1130 George James Loop Radiant, VA 22732-3223 Jal alexander@comcast.net 540-308-7413 5 Mobile: 925-788-6056 NOTICE: The information contained in this email transmission is intended by James A. Alexander, Attorney at Law for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee (or a person authorized to deliver it to the named addressee). If you have received this email transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by fax, email or by calling James A. Alexander, Attorney at Law at (540) 308- 7413, so that our address record can be corrected. From: ia1alexandercomcast.net To: "Bill Merrill" <wgkmerrillCa)gmail.com>, "Mollee Merrill" <mollee merriMmsn.com>, "Susanne Merrill" <scmerrill52(a�gmail.com>, "Robert Merrill" <rmernetzero.com>, "Betsy Merrill" <emrust2(c�gmail.com>, "Margaret Merrill" <mmerrill@vt.edu> Sent: Wednesday, July 6, 2016 10:20:08 AM Subject: Fwd: SUB201600100 Merrill - Rural Subdivision Mollee, Rather than talk to you separately by phone, I thought I would initially set forth my position to your family. We are committed to working toward an amicable resolution. 6 • • Please understand that I have seen reference to an individual attempting to impose their will onto others over their objection, based on a supposed power or authority in the partnership agreement. We reject the concept that any sibling can unilaterally impose property boundaries. We have taken that position with the County and we will continue to maintain that position. Attached hereto is a prior message to the County addressing that point. While we accept your representation that you had worked out an understanding for the division of the land the facts show that there was no agreement. To the extent that everyone is willing to discuss the issues and reach a resolution you will find me most cooperative. From the tone and substance of the email messages I have received it appears that the group is in a position to discuss and hopefully resolve the issues as to the land division. In my view your parents intended that the property remain intact, undivided, during the time of the partnership;; the language of section 19. 10 plainly expresses that intent. The ultimate resolution to the questions raised by the current attempt to subdivide thep roperty is straightforward; the partnership can be dissolved, and the property can be held by the owners as tenants in common. As such, you can then work out a plan for subdividing the property, with each having an equal voice consistent with your equal ownership interest. At that point you can then jointly present a plan of subdivision to the County. The concept that each party here has an equal voice in the resolution is at the core of the issues. We resist as abhorrent the concept that you or any other sibling has the power, with the stroke of a pen, to unilaterally impose land boundaries, impose real estate tax obligations, change property lines, impose restrictions, and, in general, alter significant property and financial interests. Of course, one point on which we will not relent is that it is elemental for the County to consider only subdivision applications from those who own the property, and have the authority to act in seeking to have the County change property lines, change titles, impose restrictions, impose taxes, and, in general, put in 8 • motion the power of the County to alter significant property and financial interests. We appreciate that the County takes very seriously its role in exercising its authority by limiting consideration to applications submitted only by those with the authority to proceed. It is elemental that enormous mischief and subsequent litigation would follow changes made by a sole person acting without authority against the stated interests of others. It is in the spirit of avoiding those problems that we raised the issue with the County at this juncture. I have not seen any mention of the issue of land use or the deferral of taxes, and whether any changes to the boundaries would invoke a recovery of prior years taxes. The impact could be financially significant. To the extent I can advance the speedy resolution of the issues I am most willing to assist. Sincerely, James A. Alexander 1130 George James Loop 9 Radiant, VA 22732-3223 Jalalexander@comcast.net 540-308-7413 Mobile: 925-788-6056 NOTICE: The information contained in this email transmission is intended by James A. Alexander, Attorney at Law for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee (or a person authorized to deliver it to the named addressee). If you have received this email transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by fax, email or by calling James A. Alexander, Attorney at Law at (540) 308- 7413, so that our address record can be corrected. From: ialalexander(�comcast.net To: "Patricia Saternye" <psaternye(a�albemarle.orq>, "G. Kamptner" <gkamptner(a�albemarle.orq> Cc: "Karen Merrill" <karen77merrill angmail.com>, "Bill Merrill" <wgkmerrill(a gmail.com>, "Mollee Merrill" <mollee merrill(crosn.com> Sent: Tuesday, July 5, 2016 11:54:57 AM Subject: Re: SUB201600100 Merrill - Rural Subdivision Dear Ms. Saternye and Mr. Kamptner, 10 Thankou for your prompt response. A number of Y p p p issues can be raised to address the lack of authority of Mollee Merrill to proceed with a subdivision that divests of all partnership assets, and thus essentially dissolve the partnership. Principal among these arguments are the provisions of Code of Virginia §50- 73 .99(J), which places an impediment to the County approval of any subdivision proposed only by Mollee Merrill without the concurrence of all partners. Here, the general partner has attempted to proceed without approval of all partners, with express opposition by another partner. The Code of Virginia mandates that the action proposed by Mollee Merrill, which is far beyond the ordinary course of business of this partnership, that such an action can only be taken with the consent of all partners. §50-73 .99(J) provides: "J. A difference arising as to a matter in the ordinary course of business of a partnership may be decided by a majority of the partners. An act outside the ordinary course of business of a partnership . . . may be undertaken only with the consent of all of the partners." tits iv) Section 4 of the partnership agreement sets forth the purpose of this partnership to ". . . conduct a general livestock and farming business on its realro ert situated on both sides of State Route p p Y 691 near Batesville, in Albemarle County, Virginia. . ." There can be no reasonable argument that this subdivision attempt is simply a part of the ordinary course of business of this farming partnership that has existed for decades. This subdivision divests all of the assets of the partnership in a form of dissolution, not part of the ordinary business of the farming partnership. The result of this subdivision removes partnership title from all property owned by the partnership by distributing the land titled in each individual name. As such, the approval of all partners is required in order to proceed. Partner Bill Merrill does not approve of this subdivision. We also understand, and now represent, that Margaret Merrill, another sibling partner of the six partners also does not approve of the subdivision. In short, Mollee Merrill cannot proceed without the approval of all partners. We have made known that all partners do not approve of the subdivision. We have supplied authority that negates any attempt by Mollee Merrill to unilaterally proceed without the approval of 12 all partners. We again request that the County desist from processing the subdivision application. We refrain from submitting additional arguments in order to avoid burdening your office. Should further material be necessary we will comply as needed. While we disagree with the conclusion as to the affect of section 19. 10 previously addressed [barring partition of the property], we submit that the intent of the agreement as to 'subdivision' in section 8.2 is intended to apply to third parties not a part of this partnership agreement, i.e. that any subdivision authority is not intended to give partnership land to any individual partner. In addition, we more broadly view the language whereby the parties waive "any action" for partition of the property to include an action taken with the county to break up the larger parcel. The basic premise of partition is designed to transfer common ownership of property into separate ownership of portions of the parcel, e.g. Black's dictionary, ' The dividing of lands held by joint tenants, coparceners, or tenants in common, into distinct portions, so that they may hold them in severalty. And, in a less technical sense, any division of real or personal 13 property between co-owners or co- proprietors, (Black's Law Dictionary) We need not belabor the point with your office at this juncture, but this would be a part of the grounds in any court proceeding required to address the subdivision. The intent throughout is to take the least path to resolving this issue by preventing the subdivision application based solely on Mollee Merrill's signature without the attendant delay and expense of other proceedings. Thank you for your consideration. Respectfully submitted, James A. Alexander 1130 George James Loop Radiant, VA 22732-3223 Jalalexander@comcast.net 540-308-7413 Mobile: 925-788-6056 NOTICE: The information contained in this email transmission is intended by James A. Alexander, Attorney at Law for the use of the named individual or entity to which it is directed and may contain 14 %NW r/ information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee (or a person authorized to deliver it to the named addressee). If you have received this email transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by fax, email or by calling James A. Alexander, Attorney at Law at (540) 308- 7413, so that our address record can be corrected. 15 • ``/ '',„/ Patricia Saternye From: Mollee Merrill <mollee_merrill@msn.com> Sent: Wednesday,July 06, 2016 1:48 PM To: Patricia Saternye; Greg Kamptner Cc: 'Bill Merrill'; Robert Merrill; Susanne Merrill; Margaret Merrill; Mollee Merrill; Betsy Merrill Subject: SUB201600100 Merrill - Rural Subdivision Hello Paty and Mr. Kamptner, There are five Limited Partners in Alveley Farm Limited Partnership: Margaret, Robert, Bill, Betsy, and Susanne, and one General Partner Mary Lee (Mollee). Karen Merrill, Bill's wife, is not a partner and has no standing to speak or act in regard to any partnership concerns. Until this past week, the six partners were in unanimous agreement that we would dissolve the partnership and distribute the assets. Land is the only asset. As you can see this agreement has broken down. Margaret and Bill apparently do not want to dissolve the partnership or distribute the assets. In light of that, as General Partner I will no longer pursue any work toward dissolving the partnership and distributing its assets. I will, however, apply to the county for approval of one or more parcels of land that the partnership will sell. Raising capital is a normal business activity fully addressed in Section 8 of the Partnership Agreement. 8.1. Limited Partners. The Limited Partners (other than a Limited Partner who is also a General Partner) shall take no part in and have no vote respecting the Partnership's management and operations. 8.2. General Partner. The General Partner has the full and exclusive power on the Partnership's behalf, in its name, to manage, control, administer and operate its business and affairs and to do or cause to be done anything he deems necessary or appropriate for the Partnership's business, including(but not limited to)the power and authority to : (1) lease or sell, with or without seller financing, real or personal property to any person, giving any warranties or assurances deemed appropriate; (2) subdivide and/or develop all real property; (4)buy, lease or otherwise acquire real or personal property to carry on and conduct the Partnership's business; (5)borrow money for the Partnership's business; (6) issue promissory notes and other debt instruments (negotiable or nonnegotiable), in any amounts and secured by deeds of trust or any other encumbrance on all or any part of the Partnership's assets; (7) assign any debts owing to the Partnership; (8) engage in any other means of financing; (9) enter into any agreement for sharing of profits and joint venture with any person or entity engaging in any business or venture in which this Partnership may engage; (10) manage, administer, conserve, improve, develop, operate, lease,utilize, and defend the Partnership's assets, directly or through third parties; (11) execute any type of agreement or instrument in connection with any other Partnership power; (12) employ all types of agents and employees (including attorneys, real estate agents, appraisers and accountants) as may seem proper; (13)buy or otherwise obtain the use of any type of equipment or other property that may be convenient or advisable in connection with any Partnership business; (14) incur any reasonable expense for travel, telephone, telegraph, insurance, taxes, and such other things, in carrying on the Partnership's business; (15) sue and be sued, complain and defend in the Partnership's name of and on its behalf; (16) allow any limited partner to build and reside with his or her family on real property owned by the Partnership; and (17) quitclaim, release or abandon any Partnership assets with or without consideration. There is precedent for the sale of land belonging to Alveley Farm Limited Partnership: i On November 19, 1997,the General Partner at that time sold six acres to BYand Karen Merrill for$15,000. (I understand no money actually changed hands.) On December 1, 2006,the General Partner at that time gave eight acres to St. David's Anglican Church. Since I have been General Partner, the partners have been committed to acting through consensus or at least majority vote. Selling land for the benefit of the Partnership as a whole is supported by a majority of the partners. I look forward to working with you on the approval process for the parcels we wish to sell. Mollee Merrill 2 Patricia Saternye From: Patricia Saternye Sent: Wednesday,July 06, 2016 11:29 AM To: Greg Kamptner Subject: FW: SUB201600100 Merrill - Rural Subdivision Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Greg, Please read below. Mollee Merrill is the applicant/contact. You should have also received another email from Karen Merrill & Bill (William) Merrill's lawyer. Please advise me on how to move forward/respond. Thanks, Paty Saternye Senior Planner Community Development E� 1 r.d Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: R. Merrill [mailto:rmer@netzero.com] Sent: Wednesday,July 06, 2016 10:48 AM To: 'Mollee Merrill'<mollee_merrill@msn.com>; 'Susanne Merrill'<scmerrill52@gmail.com>; 'Betsy Merrill' <emrust2@gmail.com>; 'Karen Merrill'<karen77merrill@gmail.com>; Patricia Saternye<psaternye@albemarle.org>; 'Margaret Merrill'<mmerrill@vt.edu> Subject: RE: SUB201600100 Merrill- Rural Subdivision Karen, I received a copy of the email below between you and Paty Saternye of the Community Development Office of Alb. County. I want to be clear--you are not a partner in the Alveley Farm Partnership and have no right to act with the dishonest pretense that you 1 4111100 1111111) are. You rightCounty have no tocontact the or to engage a lawyer to meddle in Partnership business. The Partnership's business is proprietary and not open to you. We all understand the animosity you have long held for your sisters-in-law; now you are carrying it to unresonable lengths and attempting to damage everyone in the Partnership. If are unable to restrain yourself, I will ask the court for a restraining order issued against you. I am asking Ms. Saternye in this letter not to respond any communication from you. You have no standing in this matter.The Partners are going about their legitimate business and have a right to do so without your interference. Please make no more requests for Partnership correspondence. Robert Merrill,.Partner Alveley Farm Limited Partnership. Robert Merrill, Ph.D. Editor,Maisonneuve Press Washington, DC Professor, Maryland Institute College of Art Baltimore Cell 202 207 6403 rm@maisonneuvepress.com From:psaternve@albemarle.org To: karen77merrill@gmail.com CC: wgkmerrill@gmail.com; mollee merrill@msn.corn, ialalexander@comcast.net Subject: FW: SUB201600100 Merrill - Rural Subdivision Date:Tue, 5 Jul 2016 12:19:34+0000 Karen, As requested, I forwarded the information you and Mr. Alexander sent in reference to SUB201600100 Merrill - Rural Subdivision. Please see Greg Kamptner's (the County Attorney) response below. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 2 yr 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From:Greg Kamptner Sent: Monday,July 04, 2016 1:20 PM To: Patricia Saternye<psaternye@albemarle.org> Subject: Merrill Subdivision Paty- Based on the information provided, it appears that Mary Lee Merrill as general partner is authorized to subdivide the property under Section 8.2(2)of the Alveley Farm First Amended and Restated Limited Partnership Agreement.Section 19.10 of the Partnership Agreement, by which the partners in the partnership waive the right"to maintain an action for partition." Partition is a remedy in a judicial proceeding where the court partitions property and division of property by partition is not subject to the County's subdivision regulations. If those challenging the authority of Mary Lee Merrill to subdivide the property have any additional information, I am happy to review it. Greg Kamptner County Attorney County of Albemarle gkamptner@albemarle.org 434-972-4067 ext. 3268 Affordable Wireless Plans Set up is easy. Get online in minutes. Starting at only$9.95 per month! www.netzero.net 3 Patricia Saternye From: jalalexander@comcast.net Sent: Thursday,June 30, 2016 10:07 AM To: Patricia Saternye Cc: Merrill, Bill; Merrill, Karen Subject: Re: SUB201600100 Merrill - Rural Subdivision and Boundary Line Adjustment Attachments: County Counsel 2016 06 30.pdf Re: SUB201600100 Merrill - Rural Subdivision and Boundary Line Adjustment Dear Ms. Saternye, Thank you for your assistance with this matter; Karen Merrill spoke highly of the courtesy and consideration you have shown. Please find attached herewith for your file a copy of a letter I have sent to Mr. Kamptner, introducing myself as counsel for Bill and Karen Merrill and addressing the elemental issue of lack of authority to proceed with this subdivision. I do not have Mr. Kamptner's email so this is being sent by snail mail to him, although you may have a more direct means of reaching him. A copy of this message and the attached letter is also sent to Bill and Karen Merrill. Bill and Karen thought to have me involved because they are leaving on a long planned trip, but with the pending subdivision application they wanted to have someone here to address questions or issues as they arise in their absence. I am available to Mr. Kamptner and yourself should you need any details or information. Bill and Karen are not litigious folks, and I can tell you that they are separately reaching out to Mary Lee to have her understand why this unilateral subdivision effort must end to allow other steps to be taken outside of the County planning process to resolve the issues. I would appreciate being added to any update list or notifications of steps being taken on this matter. In any event, if I may be of service please do not hesitate to contact me. Sincerely, Jim Alexander James A. Alexander 1130 George James Loop Radiant, VA 22732-3223 Jalalexander@comcast.net 540-308-7413 Mobile: 925-788-6056 2 NOTICE: The information contained in this email transmission is intended by James A. Alexander, Attorney at Law for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee (or a person authorized to deliver it to the named addressee). If you have received this email transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by fax, email or by calling James A. Alexander, Attorney at Law at (540) 308- 7413, so that our address record can be corrected. 3 Patricia Saternye From: Karen Merrill <karen77merrill@gmail.com> Sent: Wednesday,June 29, 2016 10:39 PM To: Patricia Saternye Cc: Bill Merrill Subject: Re:Any chance for pick up today? SUB201600100 Merrill - Rural Subdivision and Boundary Line Adjustment Dear Paty, Thanks for your quick response! From the documents you sent, it appears that Mollee(Mary Lee)has focused on the 29.2 acres (her major priority) where her home was built - which everyone in the family agrees should be hers when the farm is divided. Our concern lies with the timing of the dissolution of the partnership and the subsequent division of land for the entire Alveley Farm, so we look forward to being informed about any steps taken in that process. We very much appreciate your assistance. Best, Karen Merrill On Wed, Jun 29, 2016 at 5:53 PM, Patricia Saternye <psaternye@albemarle.org> wrote: Karen, Please find: • The first round of comments on the plat already submitted. As mentioned, we did the first round of review on this and sent Mary Lee the comments but she has not resubmitted since then. It is my understanding that she was trying to get the other 5 plats figured out and approved by others before moving forward. This is why I said that it wasn't "active" though that might not be the official county term. What I meant is that I do not currently have a resubmittal in my office waiting to be reviewed. Also as stated, even one Mary Lee is ready to resubmit the plat, approval will not be instantaneous. We have up to two weeks to do the reviews and currently I have not been able to get them done sooner than that. • The submittal application and check list. • A scan of the plat that was submitted. This is the first and only submittal so far and no revisions have been made yet based on the comments. I had to split it up into thee 11x17 sheets per page of the plat. I have not seen anything on the other 5 proposed plats. • Submittal coversheet and the supporting graphics. • Limited Partnership reappointment and a deed. 1 • Utility information for an existing structure. • Previous submittal and approvals for the existing residence. • The coversheet for my transmittal to the County Attorney's office today. I hope this helps. { Thanks, Paty Saternye Senior Planner Community Development }�I VtA Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Karen Merrill [mailto:karen77merrill@Rmail.com] Sent:Wednesday,June 29, 2016 4:38 PM To: Patricia Saternye<psaternve@albemarle.org> Subject: Re:Any chance for pick up today? Thanks so much, Paty! Email works well and I it is no trouble for me pick up larger drawings at your office if that is easier and/or quicker for you. 2 `r/ On Wed, Jun 29, 2016 at 4:24 PM, Patricia Saternye<psaternye@albemarle.org>wrote: Karen, Sorry, you caught me in the middle of and intense set of days with deadlines and other things like yours popping up. I want to prioritize getting your legal document to our attorneys before 5PM today. The sooner they get it the better. I work later than that so then I will try to email you what I am able to, hopefully before I leave tonight. If not I will aim for emailing you them in the morning. If the plat is large, like I think it is, I will see how I want to get them to you and contact you tomorrow to let you know if/when you can pick them up. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org 3 r 4.00 From: Karen Merrill [mailto:karen77merrill@gmail.com] Sent:Wednesday,June 29,2016 4:08 PM To: Patricia Saternye<psaternye@albemarle.org> Subject:Any chance for pick up today? Paty, Just thought I would check with you to see if the copies would be ready for pick up this afternoon. If not, do you anticipate having them available tomorrow? I am happy to go to T &N to have a copy of the plat made, if necessary. 4 Patricia Saternye From: Karen Merrill <karen77merrill@gmail.com> Sent: Wednesday,June 29, 2016 4:08 PM To: Patricia Saternye Subject: Any chance for pick up today? Paty, Just thought I would check with you to see if the copies would be ready for pick up this afternoon. If not, do you anticipate having them available tomorrow? I am happy to go to T &N to have a copy of the plat made, if necessary. i Patricia Saternye From: Karen Merrill <karen77merrill@gmail.com> Sent: Wednesday,June 29, 2016 1:24 PM To: Patricia Saternye Cc: Bill Merrill Subject: Merrill-Alveley Farm Partnership Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Dear Paty, Thank you for taking the time to speak with me on the phone today when I know you were in a hurry to get to your appointment. How funny that I was on the list in the waiting room at that time! I left a copy of the Alveley Farm Partnership Agreement at the desk and was told they would give it to you today, so please do share it with the county attorney as we discussed. Please note that section 19.10 refers to the fact that no partner can partition the property. As soon as you have them ready, I look forward to picking up copies of the proposed subdivision plat, the written application and supporting documents, as well as any and all comments about this case. It would be helpful if you could explain via email (so I can share it with my husband, Bill) your comment that the case is currently'not active', as I don't know if my interpretation of what you told me is accurate. You explained that Mollee is reviewing the comments the county made after the first application, and she has not resubmitted it yet, and that it would take at least two weeks after re-submission before the next step was taken. Just so that nothing is lost in the translation, please let us know the current status, with a brief outline of the steps taken to this point and a timeline for what we might expect in the next couple of weeks or months. Again, we very much appreciate your assistance! Best regards, Karen Merrill 1 • ‘111.01 Niro' Patricia Saternye From: Patricia Saternye Sent: Wednesday,June 29, 2016 10:24 AM To: Karen Merrill Subject: RE: Merrill family partnership -Alveley Farm LLC Karen, I have received your email. Having a copy of the partnership agreement will be helpful in addressing this. Do you know what time this morning you will be stopping by? If we could chat before you come in that might save you a trip. Is 434-409-3589 your phone number? I wanted to call you about times today, because I things I need to be out of the office for. Thanks, Paty Saternye Senior Planner Community Development „tF Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Karen Merrill [mailto:karen77merrill@gmail.com] Sent:Wednesday,June 29, 2016 12:32 AM To: Francis MacCall<FMACCALL@albemarle.org>; Patricia Saternye<psaternye@albemarle.org> Cc: Bill Merrill<wgkmerrill@gmail.com> Subject: Merrill family partnership-Alveley Farm LLC On behalf of two of the six partners in the Alveley Farm LLC partnership, I will stop by your office in the morning on Wednesday, June 29 to pick up a copy of the written application for SUB 2016-100, as well as the plat map, and any other supporting documents that have been provided to you regarding division of this land. Some of the partners are not fully aware of, or informed about, the details for the proposed division. I will provide you with a copy of the Partnership Agreement and ask that you have your attorney review it, especially regarding the role and limited authority of the General Partner. We respectfully ask that the County will cease moving forward with approvals or decisions regarding divisions on this farm property until further review by all of the partners and legal counsel, when needed. 1 �■rrr Sincerely, Karen Merrill 2 • Patricia Saternye From: Patricia Saternye Sent: Tuesday,June 28, 2016 4:15 PM To: Francis MacCall Subject: RE: Family Farm Division in Western Albemarle Cool thanks O. There are actually multiple plats they will be submitting for the different siblings. I've only seen one of them so far, for a different area. Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Francis MacCall Sent:Tuesday,June 28,2016 2:50 PM To: Patricia Saternye<psaternye@albemarle.org> Subject: RE: Family Farm Division in Western Albemarle Yes if they come in with their surveyor. It did look like it could be done without a Preapp though but if they have more than what I already answered then yes a Preapp would probably help. Francis From: Patricia Saternye Sent:Tuesday,June 28, 2016 1:52 PM To: Francis MacCall<FMACCALL(Walbemarle.org> Subject: RE: Family Farm Division in Western Albemarle Francis, Under these circumstances would a pre-app be appropriate? That is why I suggested she contact you. She had a lot of questions she was asking me without providing graphics for specific TMPs (at that time). So I thought a pre-app would be helpful once they had graphics they could provide. Also, could you forward me the graphics she sent to you? I don't think I got those with your copies message. 1 410 Thanks, Paty Saternye Senior Planner Community Development .1 Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Francis MacCall Sent:Tuesday,June 28, 2016 1:36 PM To: Karen Merrill<karen77merrill@gmail.com> Cc: Patricia Saternye<psaternve@albemarle.org> Subject: RE: Family Farm Division in Western Albemarle Mrs. Merrill, I have attached answers in the document you provided and the email below. I will not be here next week so I would ask that any further subdivision questions be posed to Paty. Hope this helps. Francis H. MacCall Principal Planner Albemarle County Department of Community Development 401 McIntire Road Charlottesville VA 22902-4596 ph. 434-296-5832 ext 3418 fax 434-972-4126 fmaccall@albemarle.org From: Karen Merrill [mailto:karen77merrill@gmail.com] Sent:Tuesday,June 28, 2016 12:29 PM To: Francis MacCall<FMACCALL@albemarle.org> Subject:Additional Questions regarding Alveley Farm LLC/Merrill property division Dear Mr. MacCall, I am writing to follow up on my email to you on June 23 and am including two additional questions that I hope you can answer along with the others in the next couple of days: 2 Nosi (1) whether a family subdivisioncan create two or more separate'.01•1 parcels in the name of one family member as part of that family subdivision, and Family subdivision would not work here because the property is in a partnership. (2) whether the parcels can be sold to an outside party (non-family member) in less than 4 years. If a family division could apply then you have to hold the land received and the original residue 4 years after the recordation of the plat. So no sale to others within the 4 years. I look forward to hearing back from you soon. Sincerely, Karen Merrill From: Karen Merrill [mailto:karen77merrill@gmail.comj Sent:Thursday,June 23, 2016 10:03 PM To: Francis MacCall<FMACCALL@albemarle.org> Subject: Family Farm Division in Western Albemarle Paty Saternye suggested that we contact you regarding questions about dividing a family farm (LLC) in Western Albemarle. With six siblings trying to determine how to best divide the land, there are many ideas and options on the table. We would appreciate your assistance in advising us about County rules and regulations so this land can be divided sensibly and fairly. Please find attached a parcel map along with a list of questions and comments. I would appreciate you informing me if there is another department that I should contact to gather this information. Thank you, in advance, your your assistance. Best regards, Karen Merrill (434) 409-3589 3 • Patricia Saternye From: Patricia Saternye Sent: Tuesday,June 28, 2016 4:13 PM To: Mollee Merrill Subject: RE:Alveley Farm Divisions Mollee, Sorry I wasn't able to respond yesterday. Here are the answers to your questions: 1. You do not have to do standalone plats for any of the parcels. As discussed previously, in order to avoid needing Health Department approval on some of these future lots you need to include the changes taking place in the same plat as with other changes. 2. It is a code requirement that we receive the Health Department's approval when a lot is created and there is no existing primary and reserve drainfields on the new lot. 3. The VDOT approval is not something you have to add to the plat. It is just something we have to have notification of so that no parcel is created that VDOT would not allow access to. The House site for parcels this large, as long as they have enough area not in steep slopes and/or stream buffers, is a note that needs to be added to the cover sheet. Your surveyor should know how to add that note and there is information on the wording of that note in the checklist that was submitted with the subdivision plat. Thanks, Paty Saternye Senior Planner Community Development ri SA APIAlbemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:mollee_merrill@msn.comj Sent:Sunday,June 26, 2016 2:20 PM To: Patricia Saternye<psaternye@albemarle.org> Cc: Robert Merrill<rmer@netzero.com>; Mollee Merrill<mollee_merrill@msn.com>;Susanne Merrill <scmerrill52@gmail.com>; Betsy Merrill<emrust2@gmail.com> Subject:Alveley Farm Divisions - Hi Paty, Thank you for your help so far. Dividing our large family farm is a serious undertaking for us, so we appreciate all your help. I have a few more questions. 1 moommonsamolillaw We may have a residue from parcel 84-44 after all. Isn't that life? Just when I was sure that we would not fi have any residue,the situation changes, and we may have two areas remaining in Alveley Farm parcel 84- 44. One possible residue area is about 46 acres. The other is about 28 acres. Here are the questions. 1. Does a residue need a stand alone plat? It will still belong to Alveley Farm Limited Partnership. 2. Is there any way to avoid having to have the Health Department soil test for the residue area/s? 3. I am guessing that the information confirming a house site and a VDOT approved entrance on a residue goes in the Notes section of a plat. If the residue does not require a stand alone plat, which plat does the information go on? There will be three divisions coming out of parcel 84-44. You have already seen one. Does the residue information go on all three? Finally,this is a question about VDOT approved entrances for the divisions that do not have existing driveways. I have already met with VDOT representative Dennis Seale to see where entrances will be approved. My question is does the plat have to show a proposed driveway or just the approved entrance location? There are no plans for any buildings on these divisions, only farming and forestry. Thank you again for all your help as we move forward. Mollee Merrill 2 • `ober Patricia Saternye From: Karen Merrill <karen77merrill@gmail.com> Sent: Tuesday,June 28, 2016 1:50 PM To: Francis MacCall Cc: Patricia Saternye Subject: Re: Family Farm Division in Western Albemarle Mr. MacCall, This is very helpful information. Thank you for your quick response! Best regards, Karen Merrill On Tue, Jun 28, 2016 at 1:35 PM, Francis MacCall <FMACCALL(a,albemarle.org>wrote: Mrs. Merrill, I have attached answers in the document you provided and the email below. I will not be here next week so I would ask that any further subdivision questions be posed to Paty. Hope this helps. Francis H. MacCall Principal Planner Albemarle County Department of Community Development 401 McIntire Road Charlottesville VA 22902-4596 ph. 434-296-5832 ext 3418 fax 434-972-4126 fmaccall@albemarle.org From: Karen Merrill [mailto:karen77merrill@gmail.com] Sent:Tuesday,June 28,2016 12:29 PM To: Francis MacCall<FMACCALL@albemarle.org> Subject:Additional Questions regarding Alveley Farm LLC/Merrill property division Dear Mr. MacCall, I am writing to follow up on my email to you on June 23 and am including two additional questions that I hope you can answer along with the others in the next couple of days: (1) whether a family subdivision can create two or more separate parcels in the name of one family member as part of that family subdivision, and Family subdivision would not work here because the property is in a partnership. (2) whether the parcels can be sold to an outside party (non-family member) in less than 4 years. If a family division could apply then you have to hold the land received and the original residue 4 years after the recordation of the plat. So no sale to others within the 4 years._ I look forward to hearing back from you soon. Sincerely, Karen Merrill From: Karen Merrill [mailto:karen77merrill@gmail.com] Sent:Thursday,June 23,2016 10:03 PM To: Francis MacCall<FMACCALL@albemarle.org> Subject: Family Farm Division in Western Albemarle 2 • Paty Saternye suggested that we contact you regarding questions about dividing a family farm (LLC) in Western Albemarle. With six siblings trying to determine how to best divide the land, there are many ideas and options on the table. We would appreciate your assistance in advising us about County rules and regulations so this land can be divided sensibly and fairly. Please find attached a parcel map along with a list of questions and comments. I would appreciate you informing me if there is another department that I should contact to gather this information. Thank you, in advance, your your assistance. Best regards, Karen Merrill (434) 409-3589 3 • 'owe 'twos Patricia Saternye From: Mollee Merrill <mollee_merrill@msn.corn> Sent: Sunday,June 26, 2016 2:20 PM To: Patricia Saternye Cr Robert Merrill; Mollee Merrill;Susanne Merrill; Betsy Merrill Subject: Alveley Farm Divisions Hi Paty, Thank you for your help so far. Dividing our large family farm is a serious undertaking for us, so we appreciate all your help. I have a few more questions. We may have a residue from parcel 84-44 after all. Isn't that life? Just when I was sure that we would not have any residue,the situation changes, and we may have two areas remaining in Alveley Farm parcel 84- 44. One possible residue area is about 46 acres. The other is about 28 acres. Here are the questions. 1. Does a residue need a stand alone plat? It will still belong to Alveley Farm Limited Partnership. 2. Is there any way to avoid having to have the Health Department soil test for the residue area/s? 3. I am guessing that the information confirming a house site and a VDOT approved entrance on a residue goes in the Notes section of a plat. If the residue does not require a stand alone plat, which plat does the information go on? There will be three divisions coming out of parcel 84-44. You have already seen one. Does the residue information go on all three? Finally, this is a question about VDOT approved entrances for the divisions that do not have existing driveways. I have already met with VDOT representative Dennis Seale to see where entrances will be approved. My question is does the plat have to show a proposed driveway or just the approved entrance location? There are no plans for any buildings on these divisions, only farming and forestry. Thank you again for all your help as we move forward. Mollee Merrill 1 fir' Patricia Saternye From: Patricia Saternye Sent: Wednesday,June 22, 2016 2:02 PM To: Mollee Merrill Subject: RE: SUB 201600100 Mary Lee Merrill - Rural Subdivision Mollee, Because you will be significantly changing the plat that you had already submitted, by adding the boundary line adjustment with another lot in order to avoid a VDH submission, go ahead and give me 3 copies of the resubmittal. With that significant of a change I will need to get engineering to look at it again. For the resubmittal of your first subdivision plat I would expect to see at least one additional sheet added to that plat in order to show the lot you were not previously showing, the lot that the property that the barn is on will be merged with. Even if you are submitting the multiple plats at once please keep in mind that each individual plat needs to be a standalone plat if you want to avoid things like we have discussed on the one you already submitted. If you want to sit down and go over all of the changes, and the individual plats you plan to submit, we could schedule a meeting once you have enough information to show me. Doing that before your submittal and before your surveyor has done too much work on the new plats might be beneficial. Some level of graphics would be needed, even if it is just GIS prints with lines drawn on them. Please feel free to call again to discuss if this is not clear. Thanks, Paty Saternye Senior Planner Community Development tih '�- 4' 4 Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:mollee_merrill@msn.com] Sent:Wednesday,June 22, 2016 12:49 PM To: Patricia Saternye<psaternye@albemarle.org> Subject: RE:SUB 201600100 Mary Lee Merrill- Rural Subdivision Thank you for replying. We will be submitting all the plats within six months. I estimate two or three months at most. When we submit the five new ones, I'll resubmit mine. I think you told me I would need only two copies of the revised plat. If that's not correct, please let me know. 1 (leo 1014 Thanks again, Mollee Merrill From: psaternye@albemarle.org To: mollee_merrill@msn.com Subject: RE: SUB 201600100 Mary Lee Merrill - Rural Subdivision Date: Mon, 20 Jun 2016 12:19:35 +0000 Mollee, a; Thank you for the information. From your letter it is my understanding that you will not be resubmitting the plat I recently reviewed until you have the others ready. Under ther circumstances that makes a lot of sense. Do you expect that to happen within the next 6 months? There is just a time frame for resubmittals that I would not want you to miss. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Mollee Merrill [mailto:mollee_merrill@msn.com] Sent:Saturday,June 18, 2016 12:44 PM To: Patricia Saternye<psaternye@albemarle.org> Cc: 'Bill Merrill'<wgkmerrill@gmail.com>; Robert Merrill<rmer@netzero.com>; Margaret Merrill<mmerrill@vt.edu>; Susanne Merrill<scmerrill52@gmail.com>; Betsy Merrill<emrust2@gmail.com>; Mollee Merrill <mollee_merrill@msn.com> Subject: RE:SUB 201600100 Mary Lee Merrill- Rural Subdivision Paty, please see the attached for responses to your review. I look forward to working with you as we progress through the process. Mollee Merrill 2 From: psaternye@albemarle.org To: mollee_merrill@msn.com Subject: SUB 201600100 Mary Lee Merrill- Rural Subdivision Date:Tue, 7 Jun 2016 22:05:24+0000 Ms. Merrill, Attached please find the comments on the SUB 201600100 Mary Lee Merrill - Rural Subdivision submission. If you have any questions please let me know. Thank you, Paty Saternye Senior Planner Community Development 4 f r si Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org 3