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HomeMy WebLinkAbout01-01 Comments (2)LAW OFFICES LAWSON AND SILEK P.L.C. Attorneys and Counselors At Law 160 Exeter Drive, Suite 103 Post Office Box 2740 Winchester, Virginia 22604. Telephone: (540) 665-0050 Facsimile: (540) 722-4051 A professional limited liability company ofprofessional corporations THOMAS MOORE LAWSON, P.C. JOSEPH F. SILEK, JR., P.C. THOMAS MOORE LAWSON* JOSEPH F. SILEK, JR + ANN K. CRENSHAW *also admitted in West Virginia +also admitted in North Carolina Mr. Steve Melnikoff VDOT 14031 Old Valley Pike Edinburg, VA 22824 Dear Steve: Sender's e-mail: tlawson@lsplc.com July 17, 2001 N RECEIVED VDC)I' - E-din}bui-g Residency JUL 2 0 2001 Front Royal Address: Post Office Box 602 Front Royal, Virginia 22630 Telephone: (540) 635-9415 Facsimile: (540) 635-9421 E-mail: silekj@rma.edu REBECCA G. LAWSON DEBORAHM. CHANDLER ROBERT J. LIGHT JOHN It McNEER Re: Right-of-way/Conditional Use Permit Our File No. 488.001 It was nice talking with you yesterday concerning the road requirements for the Wilson conditional use permit. As we previously discussed, I will see that the Wilsons contact you to further coordinate on the entrance issues. Also, as we discussed, the Turners are operating under a conditional use permit where VDOT put in the comments on the CUP that the Turners may need to construct a commercial entrance at the same site. It is my understanding you will review the file to determine what exactly was meant by those comments. It is my belief that there may have been some representations as to a minimal use of the entrance by the Turners but that in the event of a more intensive use, the Turners would be required to construct a commercial entrance. Given the Turners currently operate a landscaping business at this location, this may be an opportune time for the Wilsons and the Turners to jointly participate in the construction of a commercial entrance at the same location as a cost saving measure for both sides. After you have reviewed your file, please give me a call so we may discuss this further. For your convenience, I enclose a copy of the County's file on the matter. Mr. Steve Melnikoff July 17, 2001 Page 2 Thank you for your continued assistance and cooperation. I look forward to hearing from you shortly. Very truly yours, Thomas ore Lawson TML:clw Enclosure cc: Blaine and Keith Wilson COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 July 24, 1989 Nicholas P. Turner 12319 Popeshead Road Fairfax, Virginia 22030 Dear Mr. Turner: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of July 12,1989: Approval of Conditional Use Permit # 010-89 of Nicholas P. Turner, for a landscape and lawn service to be located on Route 645 in the Shawnee District. This conditional use permit is approved with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. Any existing setback violations must be rectified prior to issuance bf this permit.' . 4. Equipment used in conjunction with the business must be screened from adjoining properties. 5. No more than five vehicles associated with the business are to be parked on the premises. 6. No more than six employees working full time on premises. If you have any questions regarding your conditional use permit, please do not hesitate to call this office. Sincerely, 44q t4l�4 Robert W. Watkins Planning Director RWW/slk CONDITIONAL USE PERMIT #010-89 Nick TnrnPr Landscape and Lawn Service LOCATION: On Route 645 MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Agricultural & vacant land uses zoned RA (Rural Areas) PROPOSED USE AND IMPROVEMENTS: A landscape and lawn service, with pole barns for equipment and a small barn (25' x 25') for equipment. REVIEW EVALUATIONS: VA Dept. of Transportation - No objection to conditional use permit for this property. A commercial entrance may need to be constructed to our minimum standards to allow for safe egress and ingress. Health Department - No objections if no increase in water use. Only one person has been working in his shop. Sewage system appears to be functioning OK. Frederick County Fire Marshal - I do not believe this use will create any greater fire problem than other uses in the area. There is no water for hydrants available. I see no problems, providing all requirements of the Virginia State Fire Prevention Code are met. Planning and Zoning - A CUP for a public garage has just been revoked on this property due to an unresolved setback violation. Landscape contracting businesses are permitted in the RA zone with a CUP. STAFF RECOMMENDATIONS Approval, with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. Any existing setback violation be rectified prior to issuance of this permit. 4. Equipment used in conjunction with the business be screened from adjoining properties. 5. That some limit be placed on the number of vehicles and/or employees used in conjunction with the business. BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON H. K. BENHAM III BILLY J. TISINGER IAN R. D. WILLIAMS CHARLES S. McCANDLISH BRUCE E. DOWNING TRAVIS JOSEPH TISINGER STEPHEN L. PETTLER, JR. Thomas Moore Lawson, Esq. Lawson and Silek, P.L.C. Attorneys at Law P. O. Box 2740 Winchester, Virginia 22604 HARRISON 8 JOHNSTON ATTORNEYS AT LAW POST OFFICE BOX 809 WINCHESTER, VIRGINIA 22604 July 6, 2001 Re: Blaine and Keith Wilson Right of Way/Conditional Use Permit Your File No. 488.001 Dear Tom: STREET ADDRESS 21 S. LOUDOUN STREET WINCHESTER, VIRGINIA 22601 TELEPHONE AREA CODE 540 667-1266 FAX NO. 540-667-1312 We represent Mr. and Mrs. Nickson P. Turner with regard to the above matter. They have referred to us your letter to them of June 26, 2001. The purpose of this letter is to formally place you and your clients on notice of the Turners' objection to your clients' use of the so-called 30 foot right of way. Our advice to the Turners, for which we take responsibility, is that neither of the Wilsons have a right to use the so-called 30 foot right of way for shale mining purposes. There is no grant or reservation of the right of way and, at most, it appears that a prescriptive right of way may exist but certainly not for shale mining purposes which didn't begin in any meaningful way until well into the 90's. To say that that right of way is shown in the Turners' chain of title ignores the fact that in the relevant deed, there is no express i ^ oft r+nlh+ of � �g"aii� yr re$ei v'ativ:i vi lie i.b..� way but only a gratuitous mention of the location of it by the surveyor with no other mention of the subject anywhere in that document. Nor, it seems to me, can it be said that there is an implied reservation of that easement in that deed: "Where the servient estate is granted and the dominant reserved, the easement reserved by implication not only must be one that is apparent and continuous, and such as is indicated by the condition of the premises at the time of the sale, but also must be one strictly of necessity so that another cannot be substituted at a reasonable expense." 6B Michie's Jurisprudence, Easements, § 13. Thomas Moore Lawson, Esq. Page 2 July 6, 2001 At the time of the conveyance from Shade to Krueger, Shade still owned ample frontage on Route 645. All of which leads me to conclude that the easement at best is prescriptive in nature and the user during the prescriptive period does not include shale removal from the Wilson property. Let me make it clear that the Wilsons do not have the approval of the Turners to improve or enhance the right of way in any manner, including that which we understand VDOT is requiring. We are instructed to oppose that in any way required by the circumstances. We are perfectly open to consider any facts which may be unknown to us at this time and, for that reason, are willing to discuss the matter. WAJ:nh Very truly yours, Willia . Johnston cc: Mr. and Mrs. Nickson P. Turner Mr. Steve Melnikoff, VDOT Mr. Eric Lawrence, Frederick County Planning Board of Supervisors Individually (by fax or mail) facsimile TRANSMITTAL Name: Ty Lawson Fax: 722-4051 From: Eric Lawrence Date: June 26, 2001 Subject: Blaine Wilson Pages: 3 Comments: Hello Ty - Condition #1 on Blaine's CUP is a restatement from the Zoning Ordinance. Specifically, the ordinance allows for a CUP for shale mining, "provided that the following conditions are met". One of those conditions is that the EM District regulations are met. I've attached this excerpt from the Zoning Ordinance for your information. Please contact me with any questions. -Eric Eric R. Lawrence, AICP, CZA Deputy Planning Director Frederick County Department of Planning and Development 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 540.665.6395 fax elawrenc@co.frederick.va.us § 165-51 ZONING § 165-51 screen at least five (5) feet in height. This fence or screen shall be adequately maintained. X. Sand, shale and clay mining, provided that the following conditions are met: (1) All mining shall be above the mean, existing grade level of a parcel of land. U r� I LA i L 7 Cd PS —s T}I f 16574.1 (Cont'd on page 16575) f-(' ZoN►^1('- /1i Ai Lam,, 6-25-95 § 165-50 ZONING § 165-54 (2) All mining operations shall meet all applicable requirements of state and federal agencies. (3) Such mining operations shall meet the landscaping and screening requirements, supplementary regulations, height, area and bulk regulations and site plan requirements contained in the EM Extractive Manufacturing District regulations. Y. Cottage occupations. Z. Veterinary office, clinic or hospital. AA. Day-care facilities. [Added 8-8-19901 BB. Humanitarian aid organizational office. [Added 1-27-19991 CC. Schools (with residential component). [Added 10-27-19991 § 165-52. Permitted residential density; exception. [Amended 12-11-1991] A. The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit per five acres as determined by the size of the parent tract as it existed on the date of adoption of this section. B. Exception to permitted density. On lots containing between seven and 10 acres which were lots of record prior to the adoption of this article, lots of two or more acres may be created despite the density limit of one unit per five acres, provided that they meet the requirements of § 165-54B of this chapter. Within subdivisions utilizing rural preservation lots, the forty -percent parcel shall not count against the permitted density of the parent tract. § 165-53. Minimum lot size. [Amended 12-11-1991] The minimum lot size for permitted uses shall be two acres. § 165-54. Permitted lot sizes. [Amended 8-8-1990; 12-11-1991] The following types of lots shall be permitted: A. Traditional five -acre lots. On any parcel, lots of five acres in size or greater shall be permitted. 16575 12-15-99 COUNTY of FREDERICK Department of Planning and Development MEMORANDUM TO: Jay Cook, County Attorney's Office FROM: Eric R. Lawrence, Deputy Director J RE: Wilson CUP; Right -of -Way DATE: June 1, 2001 540/665-5651 FAY: 540/665-6395 I am seeking direction on the legality of Blaine and Keith Wilson extending an existing right-of-way to a third property (76 -A -137A). A timely response would be appreciated as a Conditional Use Permit associated with these properties is scheduled for a June 6', 2001 Planning Commission public hearing. The CUP is for a shale mining operation. Attached is information regarding a recorded right-of-way to enable PIN 76-A-137 to access Airport Road (RT 645). The question I have been asked is whether this same right-of-way may be used to access another property. The owner of PIN76-A-13713(TURNER) feels that the right-of-way has been established solely for the benefit of PIN 76-A-137 (Keith WILSON). The Wilson's have been utilizing, and intend to continue utilizing, the right-of-way to access PIN 76 -A -137A (Blaine WILSON). Please contact me with any questions. Thank you for your direction. Attachment 11 )7 Ni)rtri Keni Slrrii J��x: x���izr. V rghiia 22601-50 A) Zi wnr e: k rata zi ' w ti e � G 12 so 464 ma 12 . The Accompanying Plat is a Division Survey of the Ramining Fertl n of the Land conmee7vd to Earl Shade by Deed dated 16 July 1936 in Deed Book 171 rage 583 and the•Northeastern Portion of the Land con myed to E. Earl Shade by Deed dated 19 June 1942 in Dead ,Boots 185 rage 354. The said Land fronts the Cantor Lines of the Bufflick toad -rout& 645. and lies in Shawnee District, Frederick county. Virginias FARCtrL "A" - 7.15 Acmes* Beginning at a point in the Center Line of Route 645, a corner to the Miller Land, running with the Northwestern Line of the said Land S 53 36' 06" H - 19.28 ft. to a post* and em- tinuing S 530 36' 06" N - 696.99 ft. to a post co, -nor to r•arerl Ds thence with the two following Lines of the said larcel 1.1 40 35' 40" N - 526.32 ft. to an iron vini°thence N 53° 36' 06" E - 514.71 ft. to an iron pin, and continuing N 53 36. 06" E - -530.00 ft., V. ALL, to a point in the Center Line of Route 6451 thence with the four following Center Lines - with the Arc Line 190.00 ft. (Chord S-51 a 29' 42" E - 189.86 ft. - a. 1,422.48 ft.)s thence S 55 19' 17- F. - 180.53 ft.s thence with the Are Line 128.17 ft. (Chord S 630 18. 11- E - 127.76 ft. - R..460.03 ft.)t thence S 710 17. 06" E - 69.38 ft. to the beginning. PARCEL "D" - 40.0 Acreas Beginning at a point in the Center T•ino of Route 645, a corner to the Rctaired Portion, running with the three following Center Lines - with the Arc Line 340.41 ft. (Chord S 23° 45' 33" E - 336.31 ft. - R. 674.56 ft.)s thence s 300 12' SO- E - 309.?4 ft.1 thence with the Arc Line 234.73 ft. (Chord S 42° 56' 28" E - 234.46 ft. R. 1,422.48 ft.) to a corner to Parcel As thenar,. vith the two following Lines of the said rarcol s 53° 36' 06- N - 1:.29 ft. to an iron lain, and continuing S 53° 36' 06- �i - 530.00 ft., rl ALL, to an iron pint thence S 40° 35' 400 E - 526.32 ft. to a post corner to the Miller Lands theneo with the Southwestern Linc of the said Land S 36° 31' E - 05.03 ft. to an iron pin (found) corner to the a ilson Lands thence with the five following Linosof the said Land S 720 10' 35" ter - 554408 ft. to an iron pin (fouad)s thence S 82° 15' 12" M - 22.18 ft. to a posts. thence S 09 46' 06" i%- 84.10 ft. to a poststhence S 64 38' 44" K - 342.11 ft. to a posts thence S 54 05' 370 N - 747.67 ft. to a post corner to the 8.279 Acre Tract said to be under a contract of sales thence with the two following _roes of the said Tract .1; 620 460 500 W - 110.17 ft. to a gate posts thence V 86 56' 48" N - 454,75 ft. to a post in the southeastern Line of tha :detained Portions thence with the four following Lines of the said Cther Land X 40° 40' 26" E - 2.059.85 ft. to a white oak trees thence m 11C 02' 42" £ - 239.69 ft. to a posts thence N 31 31. 22" r - 434.68 ft. So a posts thence N 75° 56' 32" E - 26.02 ft. to a post, and continuing K 75 56. 32- E - 40.20 ft., r. ALL, to the beginning. X Also shown on the Plat are the four Center Lines of the 30.0 Pt. R/W across rarcel A from the Center Line of Route 645 to the Northeastern Line of sarcel D. u LSF A. EgEJi Surveyed - - March 24. 1976.. ^ (7 N' � • 4 row r T O P!.- a.1 M, Ste• r� .tAr jVwd N Q tul 'Z ., 3� j V'* z kr� oo VIP {� ' 'GIN1A cOu-%-rY. scr. oras pTcaucel to -Cuy of - y m. on V. ansl Mth sbrlifwrta acts 19 t ZS -:2 -.-t to recoil, TdA � rxt +bslrsto +aa,,�codwa„ � —'-Z Qty ` x -�C I of .and S .-s! have been. if . Ia q i, loci 464 pw 1.3 .41, ROUTC 01 OL 64 q Iwo _r rM N • o)m PAACEE A 4 ? Jt- ,• rM P tv jm + �OrO J,Z` .tAr jVwd N Q tul 'Z ., 3� j V'* z kr� oo VIP {� ' 'GIN1A cOu-%-rY. scr. oras pTcaucel to -Cuy of - y m. on V. ansl Mth sbrlifwrta acts 19 t ZS -:2 -.-t to recoil, TdA � rxt +bslrsto +aa,,�codwa„ � —'-Z Qty ` x -�C I of .and S .-s! have been. if . Ia q i, May 16, 2001 h _ _ man L Fauver 1915 Airport Rd Mach ster VA 22602-4532 RECEIVE® MAY 17 2001 DEPT OF PLANNING/DEVELOPMENT Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Gentlemen: Please find enclosed a copy of a petition signed by concerned residents of a section of Airport Road in opposition of a commercial shale operation in the 1900 block of Airport Road. We also plan to attend the meeting concerning a permit for this operation. We respectfully request that you consider our concern for the safety of our children who ride school busses on this road, our personal safety in driving in our neighborhood and the depreciation of our property. Thank you for your consideration in this matter. Sincerely yours, Herman L. Fauver The following residents of Airport Road are fully opposed to th operation ofa commercial shale it d �' �l� � l� due to concern ofpersonalsafety of residents, and conditions of highway and bridges.. We feel that Airport road is not Nvdde enough to safely Dandle commercial trucking. 7 . RECEIVED MAY 17 2001 DEPT. 01: PLANNAG/DPVFLOPMENT Department of Mines, Mineredy and Energy Division of Mineral Mining PO. Box 3727 Charlottesville, Virginia 22903-0727 (843) 951-6310 Conrad T. Spangler Iii, Division Director p. `t March 6, 2001 Pyr. S. War` a Wilson S. Blaine ; Keith A. Milson 3076E Sha nee Drive Wincheste4l Virginiu 22601 RE. Rene%*al for Permit No, 13731AA Dear Mr, Thi# letter is to acknowledge receipt of the permit renewal and fees submitted for Permit/Lico'nse No, 13731 AA located in Frederick County. T he receipt number for your fees is 20378. if y'vu need a hard copy of your receipt Please let me know. If y this office. c: Dave is now approved and will he in effect until March 14, 2002. have any questions or meed assistance, please contact Dave Cress, Mine Inspector, or Sincerely, Patsy Martin Program Support Technician }dine inspector EQUAL OPPORT41NITV i:MPLOYER -n)T) (8CO) 829-1) 20 — Virginia Relay Center MPY-15-2001 01:57 PM AMEM k, lluguft 19, 1987 8141as wftpou A:e•i_ "Alta Wilao;i wilsor's aisii®ina SorvicV. Inc. 2264 Papartill M5ad Winchester,ylrganias 73601 Dear Blaine seta Keith: P. 03 COUNTY of FREDERICK .^prztt€nanu of Fiuniliea and Building Toa«bs•;�sn LYNCHEtvP._ r.3FNC E Zt is out unite§tin ln8 that YOU will be removing ehalc± From tax parcels 76w00 ±�00-0000-QS!s't1 :33 A a�ai 7b00 -ADO -0000-0000-137-0 in order to �r�as e9nd ims-:o ri @n3 oils. Rlaa1 it ig our underatanding that the ramrninl aE ahnee will be a tefrourar;y use and that it will not constitute the establishment of an extractive industry. If the Una baeomeF parmapet't " lueenaive enough to cOT14titote an extractive industry, a raxoning to the lik( (Exteac[iuo ManufacturinH District) will be required. However, it 1s our opinion that the tneoporery rcmoval »$ materials for the purpose of i proving a site, is fill allowed ACt�viEy in the Ama sricaaitasral Central District. Y! morttl ficin 10'000 square lest of 4"a is to be diaturbgd, you ai41 be required to obtain a land disturbance permit from the Coun€p. r� y.ou ways any further guaerions, plea®e do not he9ltate to call. Sin6ot'©li► ti R*hcrt 14. WaLkime Planning Diractur RWtf/dkS 9 Cotert Square _ P.O. Box 60-1. o Winchester, Virginia 22601 THIS PERMIT/LICENSE GOOD ONLY FOR THE AREA SHOWN ON THE MAP ATTACHED TO APPLICATION. THIS PERMIT/LICENSE IS NOT TRANSFERABLE COMMONWEALTH OF VIRGINIA DEPAR'T'MENT OF MINES, MINERALS AND ENERGY DIVISION OF MINERAL MINING P. O. BOX 4499 LYNCHBURG, VA. 24502 (804) 239-0602 PERMIT/LICENSE TO OPERATE A MINE Permit/License Number 13731AA Receipt Number Was issued to 5. Blaine & Keith A. Wilson Whose main office is located at 2264 Papermill Road, Winchester, VA 22601 For type of mineral(s) Shale 8062 Located at -5 mile South of Rto 50 in Frederick on Road County of Frederick No. 644 THIS PERMIT/LICENSE IS ISSUED PURSUANT TO CHAPTER 1 AND 16, TITLE 45.1, CODE OF VIRGINIA (1950), AS AMENDED Being an Act to require permits/licenses for certain mining operations and to fix conditions for issuance thereof; to provide that certain safety and reclamation practices be performed by mine operators and for inspection thereof; and to advise on satisfactory compliance; to require an annual report on progress of reclamation and tonnage of mineral mined; to provide for the Director to seek injunctive relief; to provide for a Board of Surface Mining Review and to provide for appeals from rulings of such Board; and to provide penalties for violations. Issued this 15th day of March Covering 30.,0 acres Cash Bond Received N/A Surety Bond No. N/A Surety Company Name NSA Safetv Fee $75, 00 DMM-115 8/87 19 89 3-14-88 - original issue date DIVISION OF MINERAL MINING A6�7 4�" JWl THIS PERMIT/LICENSE MUST BE POSTED AT THE MINE OFFICE 017 k,6-1 r;vS u l I ✓An/ -q- 6j"I-SWIE-SrA71C ®- 0.4e Ilk - FILE COPl ESTATE t¢"L��Eo s7oNE SACT/O� �CC��'�40 .v. r. s. pr,4 r�.�6 ,v�o�SEO M/,t�i.V6 LactTay.V3 . BL�1/U� o�d ISE/7W S .640.0 10f p' S t'r;Cr, "rAMf riiCrr Cow,t y, Vv SCols : /• • �' - apt . /8, /9BT IAV Wly4Y1AV C&* GREE��i FEB -07-2001 01:04 PM 'COMMERCIAL L lcr WNA.E19•' To: • v ATTN: f Date: I have �_ pages to'follow. r Comments: /��C➢� i t'�p ���1�-� Thank you, Problems? (540) 662-1903 3076-E Shawnee Drive • Winchester, VA 22591 • (540) 6612-1903 Fax (540) 6625 FFR -2262081 11_09 AM .._._,_.� ----------- 1- 04:41 PM LARRI FEb-CK S. DR' '?9 1 §dor 4A 192 i F ' Thia insi!bitu to 6i waiice3 was piodldad 4$ I&d 6t; iho 1. 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