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Jack Hobbs
From: Jack HobbsSent: Monday, April 23, 2018 8:16 AMTo: 'Stacy Anderson'Subject: Leathers Lane Records Requests rec'd April 16, 2018; April 19, 2018; & April 21, 2018Attachments: Leathers Lane records request rec'd 180416.pdf; Syria Mountain Estates - compiled
correspondence 180418-180423.pdf
Mr. Anderson, A file containing the records you requested on April 16, 2018 is attached. Madison County has no policies or procedures that govern the review indicated in §55‐50.3 of the Code of Virginia. No records exist relative to your April 19, 2018 request pertaining to efforts by John and Maria Lain and John and Sherry Kirby to secure administrative review pursuant to VA Code Ann. § 55‐50.3 for repairs, alterations, improvements, modifications, or changes to the roads within Syrian Mountain Estates. No records exist relative to your April 21, 2018 request pertaining to an inspection of Leathers Lane by the Madison County Rescue Squad (“MCRS”) on that date. Jack Hobbs Madison County
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Cerniglia 180215
From: Jeanne Cerniglia [mailto:[email protected]] Sent: Thursday, February 15, 2018 10:14 AM To: Jack Hobbs <[email protected]> Cc: Jeanne Cerniglia <[email protected]>; Larry Cerniglia <[email protected]> Subject: Syria Mountain Estates Roadwork
Dear Mr Hobbs,
Attached is our notification of impending work to resolve our road condition issues. Also
included is the letter to be sent to the lot owners. You will be receiving a hard copy of both by
USPS.
Please feel free to contact me with any questions.
Thank you for your attention,
Jeanne Cerniglia
Jeanne Cerniglia
330-231-0612
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Smith 180312
From: Wes Smith Sent: Monday, March 12, 2018 8:40 AM To: Jack Hobbs <[email protected]> Cc: Matt Aylor <[email protected]>; Betty Grayson <[email protected]> Subject: RE: Syria Mountain Estates Roadwork
Jack – Per the scope of work as described by Jeanne Cerniglia, no permits would be required from the Inspections Dept.
Wes Smith Building Official Madison County 540-948-6102 ext. 2 www.madisonco.virginia.gov
From: Matt Aylor Sent: Monday, March 12, 2018 8:23 AM To: Jack Hobbs Cc: Wes Smith Subject: FW: Syria Mountain Estates Roadwork
Jack,
Good morning. I have forwarded you the email that I sent to Jeanne and her response. This is the last contact that I have had with them regarding the road work.
Thank you.
From: Jeanne Cerniglia [mailto:[email protected]] Sent: Friday, February 16, 2018 6:28 PM To: Matt Aylor Cc: Jeanne Cerniglia; Wes Smith; Jack Hobbs Subject: Re: Syria Mountain Estates Roadwork
Matt Aylor,
Thank you for your prompt response. We are repairing the existing road including grading and adding stone as the road has not been kept up for several years. The portion of the road at Tax Parcel 14-13, I believe I misnamed as a turnaround. It is the terminus or end of the work to be done and is simply going to be graded and graveled. There will be no roadwork done past this point. All of the work will be managed within the existing right of way. I am assuming that a land disturbance permit will not be required.
Please feel free to contact me with any questions or concerns. Again, I appreciate your immediate attention to this issue.
Thank you,
Jeanne Cerniglia [email protected] 330-231-0612
On Feb 16, 2018, at 3:34 PM, Matt Aylor <[email protected]> wrote:
Jeanne Cerniglia,
Good afternoon. The improvement of the existing road through grading or adding stone would not require a land disturbance permit. The addition of a “turn around” as mentioned, or any widening of the roadway, would most likely require a land disturbance permit. I think if you could provide a detailed scope of work then I could better determine if a permit would be needed. Also, I would be more than happy to meet you on site and discuss whether a permit may or may not be required. Please feel free to contact me with any questions that you may have.
Thank you.
Matt Aylor Erosion & Sediment Administrator Madison County (540) 948-6102 ext 120 www.madisonco.virginia.gov
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Cerniglia 180313
From: Jeanne Cerniglia [mailto:[email protected]] Sent: Tuesday, March 13, 2018 10:05 AM To: Jack Hobbs <[email protected]> Cc: Larry Cerniglia <[email protected]> Subject: Re: Syria Mountain Estates Roadwork
That would be great. I appreciate you making yourself available. Thank you.
Have a great day!
Jeanne Cerniglia
Sent from my iPhone
On Mar 13, 2018, at 9:25 AM, Jack Hobbs <[email protected]> wrote:
Mrs. Cerniglia,
I could meet with you and your husband in my office (302 Thrift Road) on the morning of March 29. Would 10 AM that day work for you?
Jack Hobbs Madison County
From: Jeanne Cerniglia [mailto:[email protected]] Sent: Sunday, March 11, 2018 3:10 PM To: Jack Hobbs <[email protected]> Cc: Jeanne Cerniglia <[email protected]>; Larry Cerniglia <[email protected]> Subject: Re: Syria Mountain Estates Roadwork
Hello Mr Hobbs,
My husband and I would like to arrange a meeting with you to help us with a couple of questions
we have in regards to this process. We will be in Madison County during the last week of March.
We were wondering if an appointment could be arranged sometime during that week, possibly
Tuesday March 27, Wednesday March 28, or Thursday March 29.
We appreciate your effort in this regards.
Thank you for your attention,
Jeanne C
Jeanne Cerniglia
330-231-0612
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Cerniglia 180330 From: Jeanne Cerniglia [mailto:[email protected]] Sent: Friday, March 30, 2018 12:34 PM To: Jack Hobbs <[email protected]> Subject: Road Meeting
Mr Hobbs, I want to thank you for taking time to meet with us yesterday. We did have subsequent conversations with neighbors including two conversations with the Wigbys. We appreciated your insights.
Have a good day, Jeanne Cerniglia
Sent from my iPhone
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Anderson 180416
From: Stacy Anderson [mailto:[email protected]] Sent: Monday, April 16, 2018 5:14 AM To: Jack Hobbs <[email protected]> Subject: Inquiry Regarding Leathers Lane Road Maintenane Project and FOIA Request
Dear Mr. Hobbs:
I own a home in the Syria Mountain Estates subdivision, which is served by Leathers Lane. I recently received a letter from a neighbor, Jeanne Cerniglia, indicating that she was going to undertake “efforts to repair the [subdivision] road to a sound and safe condition” pursuant to VA Code Ann. § 55-50.3. You were copied on the letter, and so I am hoping that you have some information you can share.
After contentious litigation over road maintenance and improvements, the Madison County Circuit Court recently ruled that Leathers Lane is a public road. The statute upon which Ms. Cerniglia relies provides that where a public road is no longer publicly maintained, “any one of the property owners may maintain, repair, or improve the road at his own expense without the express permission of the other property owners but only after administrative review by the local government.” VA Code Ann. § 55-50.3 (emphasis added).
Although Ms. Ceniglia’s letter does not expressly indicate that Madison County has reviewed and approved her project, it suggests as much. Operating under the assumption that it has, I am writing to inquire about the review process and approval of Ms. Cerniglia’s project. To facilitate this request, I have attached a Freedom of Information Request Form seeking all documents related to Madison County’s administrative review of Ms. Cerniglia’s project, along with the policies and procedures that govern Madison County’s review under § 55- 50.3. I am happy to receive materials electronically, but I am also willing to pay for paper copies of the documents.
The lot owners within Syria Mountain Estates have very different views of what should and needs to be done to “maintain” the now “public” road and others would like their views considered. There is a particular concern about removal of trees from the public right-of-way and the widening of what is now a single-lane road. Such changes have the potential to fundamentally alter the character of the subdivision.
Moreover, I have many questions about the project and thus far Ms. Cerniglia has provided no information to us about her plans other than what is contained in her April 8 letter. For instance, does Ms. Cerniglia have sufficient assets to cover any liabilities she may incur if she causes injury to lot owners or their property? Will there be a disruption of electric and telephone service during the project and will the property owners be notified in advance? Has the county authorized Ms. Cerniglia to disturb private property that inadvertently encroaches on the road right-of-way? Has the county approved the removal of trees from public property? I wonder if these matters, and many others, were considered and addressed by the County and I am hoping that you can provide some insight into the process that may have led to approval of Ms. Cernigila’s project. I am also wondering what steps we may take now to address this matter with Madison County.
I look forward to hearing from you.
Sincerely,
Stacy L. Anderson 5909
9th Street, N. Arlington, VA 22205 (571) 334-1760
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State Code §55-50.3
§ 55-50.3. Public road easements; maintenance and improvements. Whenever a public road that has never been abandoned but is no longer publicly maintained serves as access for
more than one property owner and operates as the primary source of ingress and egress for that property, any one
of the property owners may maintain, repair, or improve the road at his own expense without the express permission
of the other property owners but only after administrative review by the local government. All other property owners
shall be notified by mail of any pending maintenance, repair, or improvements prior to commencement of the work.
Nothing in this section, however, shall be construed as allowing the property owner who is doing the maintenance,
repairs, or improvements to the road to interfere with the other property owners' use of the road for ingress and
egress. 2008, c. 599.
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Jack Hobbs
From: Stacy Anderson <[email protected]>Sent: Saturday, April 21, 2018 10:10 PMTo: Jack HobbsCc: [email protected]: Syria Mountain Estates MCRS Inspection
Dear Mr. Hobbs: I am sorry to bother you with another Freedom of Information Act request. But, I learned that the Madison County Rescue Squad (“MCRS”) inspected Leathers Lane today to assess its safety for MCRS vehicles pursuant to a Syria Mountain Estates resident's request. I would appreciate it if you could provide me with all documentation related to that inspection. Sincerely, Stacy Anderson
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Jack Hobbs
From: Stacy Anderson <[email protected]>Sent: Saturday, April 21, 2018 6:40 AMTo: [email protected]: Jack Hobbs; [email protected]: Syria Mountain Estates Road MaintenanceAttachments: SME Road Maintenance Letter.pdf
Ms. Cerniglia, Attached you will find my response to your April 8, 2018 letter regarding Syria Mountain Estates road maintenance. I would appreciate it if you would acknowledge receipt. Stacy L. Anderson 5909 9th St. N. Arlington, VA 22205 (571) 334-1760
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Jack Hobbs
From: Jeanne Cerniglia <[email protected]>Sent: Sunday, April 22, 2018 2:31 PMTo: Stacy AndersonCc: Jack Hobbs; [email protected]: Re: Syria Mountain Estates Road Maintenance
Hello Stacy, There is a lot in your letter I can identify with. I certainly can identify with your passion for having a place in the mountains especially with all the family memories. I have only been down your end of the road once in a walk with my mom so it has been a couple of years. From your description and my conversation with the Lain's, it seems you did everything necessary to have a functional and maintainable road. To make sure there is no misunderstanding, the loop road to your house is not a part of this effort (only Leathers Road to Kirbys). When my mom passed away we used a significant amount of our savings to repay her hefty reverse mortgage so we could keep our "place in the mountains" in the family. We have lots of memories since our first Thanksgiving in 1979. I think we share a desire to maintain the feel of the area. My mom struggled with all the changes but if it wasn't for the Whidby's and Lain's we wouldn't have been able to have her stay as long as she did in her home. Your father in law also was always a great friend to the end. My husband and I spoke to Mr Hobbs to get advice on how best to proceed with the road now that we know the county owns the road. The Lain's and Kirby's have both committed to provide financial support to whatever might be agreed upon. We were advised to let the property owners know that the road was being surveyed with the possibility of restoration being made. I'm not a lawyer but I did that to the best of my ability. In trying to be cautious in following the law, it seems it is possible that I may have been too vague and allowed confusion. Also there seems to confusion about the two letters to Mr Hobbs. The first letter to lot owners sent with the initial correspondence was a draft to work off of. The second, which was sent, is the revised letter after our consultation with Mr Hobbs. Hence, the differences. However, in my two considerable conversations with Whidby's during the two days we were able to be there, I was clear that the survey and consultation with contractors was a fact finding process and we would be coming back to have conversations with neighbors. In my letter, I also wanted to make sure people knew they would not be held financially accountable for anything. No plan has been finalized. It is our understanding the logical sequence is to survey the road and have professional people give their advice to restore the road. It is our hope then that the community would come to a consensus on how to proceed. However, determining and acknowledging the right of way protects everyone's property. I assume that you and Barbara were aware of and respected the right of way in the work you had done. We are trying to do the same. I appreciate you reaching out and I hope we continue to communicate openly going forward. Jeanne Cerniglia Sent from my iPhone On Apr 21, 2018, at 6:39 AM, Stacy Anderson <[email protected]> wrote:
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Ms. Cerniglia,
Attached you will find my response to your April 8, 2018 letter regarding Syria Mountain Estates road maintenance. I would appreciate it if you would acknowledge receipt.
Stacy L. Anderson
5909 9th St. N.
Arlington, VA 22205
(571) 334-1760
<SME Road Maintenance Letter.pdf>
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Jack Hobbs
From: Jeanne Cerniglia <[email protected]>Sent: Sunday, April 22, 2018 3:39 PMTo: Stacy AndersonCc: Jeanne Cerniglia; Jack Hobbs; [email protected]: Re: Syria Mountain Estates Road Maintenance
I did want to add that I believe additional confusion was over the two letters for the lot owners sent to Mr Hobbs. The first letter to lot owners sent with the initial correspondence was a draft to work off of. The second is the revised letter sent to lot owners after our consultation with Mr Hobbs. Hence, the differences. This is a copy of the letter I will forward to the lot owners noted on your letter. I included the above paragraph in the body of the third paragraph. I changed the first sentence in the last paragraph to emphasize that no plan has been finalized. Again, thank you for reaching out. I appreciate the chance to respond. Hello Stacy, There is a lot in your letter I can identify with. I certainly can identify with your passion for having a place in the mountains especially with all the family memories. I have only been down your end of the road once in a walk with my mom so it has been a couple of years. From your description and my conversation with the Lain's, it seems you did everything to have a functional and maintainable road. Your road is not a part of this effort (Leathers Road to Kirbys). When my mom passed away we used a significant amount of our savings to repay her hefty reverse mortgage so we could keep our "place in the mountains" in the family. We have lots of memories since our first Thanksgiving in 1979. I think we share a desire to maintain the feel of the area. My mom struggled with all the changes but if it wasn't for the Whidby's and Lain's we wouldn't have been able to have her stay as long as she did in her home. Your father in law also was always a great friend to the end. My husband and I spoke to Mr Hobbs to get advice on how best to proceed with the road now that we know the county owns the road. The Lain's and Kirby's have both committed to provide financial support to whatever might be agreed upon. We were advised to let the property owners know that the road was being surveyed with the possibility of restoration being made. I'm not a lawyer but I did that to the best of my ability. In trying to be cautious in following the law, it seems it is possible that I may have been too vague and allowed confusion. Also there seems to confusion about the two letters to Mr Hobbs. The first letter to lot owners sent with the initial correspondence was a draft to work off of. The second is the revised letter after our consultation with Mr Hobbs. Hence, the differences. However, in my two considerable conversations with Whidby's during the two days we were able to be there, I was clear that the survey and consultation with contractors was a fact finding process and we would be coming back to have conversations with neighbors. In my letter, I also wanted to make sure people knew they would not be held financially accountable for anything. No plan has been finalized. It is our understanding the logical sequence is to survey the road and have professional people give their advice to restore the road. It is our hope then that the community would come to a consensus on how to proceed. However, determining and acknowledging the right of way protects everyone's property. I assume that you and Barbara were aware of and respected the right of way in the work you had done. We are trying to do the same. I appreciate you reaching out and I hope we continue to communicate openly going forward.
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Jeanne Cerniglia
On Apr 22, 2018, at 8:09 AM, Jeanne Cerniglia <[email protected]> wrote: Hello Stacy, There is a lot in your letter I can identify with. I certainly can identify with your passion for having a place in the mountains especially with all the family memories. I have only been down your end of the road once in a walk with my mom so it has been a couple of years. From your description and my conversation with the Lain's, it seems you did everything to have a functional and maintainable road. When my mom passed away we used a significant amount of our savings to repay her hefty reverse mortgage so we could keep our "place in the mountains" in the family. We have lots of memories since our first Thanksgiving in 1979. I think we share a desire to maintain the feel of the area. My mom struggled with all the changes but if it wasn't for the Whidby's and Lain's we wouldn't have been able to have her stay as long as she did in her home. Your father in law also was always a great friend. My husband and I spoke to Mr Hobbs to get advice on how best to proceed with the road now that we know the county owns the road. The Lain's and Kirby's have both committed to provide financial support to whatever might be agreed upon. We were advised to let the property owners know that the road was being surveyed with the possibility of restoration being made. I'm not a lawyer but I did that to the best of my ability. In trying to be cautious in following the law, it seems it is possible that I may have been too vague and allowed confusion. However, in my two considerable conversations with Whidby's during the two days we were able to be there, I was clear that the survey and consultation with contractors was a fact finding process and we would be coming back to have conversations with neighbors. In my letter, I also wanted to make sure people knew they would not be held financially accountable for anything. No specific plan has been reviewed because we aren't there yet. It is our understanding the logical sequence is to survey the road and have professional people give their advice to restore the road. It is our hope then that the community would come to a consensus on how to proceed. However, determining and acknowledging the right of way protects everyone's property. I assume that you and Barbara were aware of and respected the right of way in the work you had done. We are trying to do the same. I appreciate you reaching out and I hope we continue to communicate openly going forward. Jeanne Cerniglia Sent from my iPhone
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On Apr 21, 2018, at 6:39 AM, Stacy Anderson <[email protected]> wrote:
Ms. Cerniglia,
Attached you will find my response to your April 8, 2018 letter regarding Syria Mountain Estates road maintenance. I would appreciate it if you would acknowledge receipt.
Stacy L. Anderson
5909 9th St. N.
Arlington, VA 22205
(571) 334-1760
<SME Road Maintenance Letter.pdf>
Jeanne Cerniglia Math 7 [email protected] [email protected] 330-231-0612
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Jack Hobbs
From: Jeanne Cerniglia <[email protected]>Sent: Sunday, April 22, 2018 8:50 PMTo: Stacy AndersonCc: Jack Hobbs; [email protected]: Re: Syria Mountain Estates Road Maintenance
Stacy, I responded with my honest accounting. I was part of the Firewise grant but what you describe is not my understanding of what would happen. I will need to check that. I can't respond to that at this time. My meeting with Mr Hobbs was not cover for anything. It was what I expressed in my response. I put the Whidby's and Lain's in the same sentence because regardless of their relationship, each of them in their own way helped my mom to manage being in her home almost to the end. I have no knowledge of anything else you are stating in this letter about Kirby's or Lain's - any plans or secret motives. I'm not sure where you heard that. I asked if either the Lain's or Kirby's could have the fire department conduct a review and was very happy to hear that the gentlemen that came out don't feel there is a safety issue other than our distance from the fire department which is good news. There was nothing clandestine about it. I am trying to collect information. I am making an effort to be transparent in hopes of bringing people together to have an informed conversation. I too hope that the community can come together and come up with a reasonable plan to deal with the road. I hope you are part of that effort. Jeanne Cerniglia Sent from my iPhone On Apr 22, 2018, at 7:38 PM, Stacy Anderson <[email protected]> wrote:
Jeanne, I appreciate your response, but it leaves me at quite a loss. What you describe here makes a great deal of sense and something that we might be willing to support, but it does not comport with what is actually happening. The survey was completed today. Of course,"Barbara [and I] were aware of and respected the right of way in the work [we] had done." No one has ever questioned whether the existing road lies within the right‐of‐way. Grading it, topping it with gravel, and mowing the shoulder 4 feet on either side respects everyone's property rights. And, no survey is needed to accomplish this. But a survey is needed to remove trees and widen the road. Based on information we received late last week, we had reason to believe that Lain had arranged, starting as early as tomorrow, to remove trees from the public right‐of‐way with no notice to SME property owners and certainly with no authorization from the county to removed trees from pubic space. The project was funded through a state forestry grant. When several
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of us complained to the state forestry department on Friday, the state pulled the funding for this project. I have submitted a FOIA request to get the grant application, as it is our understanding that funding was approved based on a representation that all SME property owners had agreed to the tree removal. Obviously, this is not the case. You say you are working with the Lains and the Kirbys, so I can only surmise that you knew about this. Or, maybe you had no idea. But, your letter to SME lot owners and interactions with Mr. Hobbs provide the only cover for what is being done. Hence my April 21 letter to you. At this point I am going to assume that you were fully aware of Lain's intent to remove tress from the right‐of‐way as early as tomorrow and may have been involved with the grant application and the scheduling of the work unless I am given good reason to believe otherwise. Moreover, rumor has it that Kirby has bigger plans. People say he's said that he intends to subdivide his property and build homes. To do so, he's got to bring Leathers Lane up to certain standards to meet the requirements of the subdivision ordinance. Thus, it would appear that this is why he's footing the bill for what is being done, and of course a survey is needed if this is his plan. I was also surprised to see you use Lain's name in the same sentence with Jackie and Darryl. Since Lain had Darryl arrested, prosecuted on what many think were bogus and trumped up charges, then jailed, its surprising that you claim allegiance to both. Our allegiance lies with Jackie and Darryl, who oppose Lain's and Kirby's efforts. In your April 8 letter, you justified your actions based on a concern about emergency fire and rescue equipment being able to access the SME residences. As I and others have said, we believe there is no safety issue with the road. The Madison County Volunteer Fire Department surveyed Leathers Lane from the entrance to the Kirby home on Saturday to determine whether ambulances and fire equipment could safely navigate the road, then spent time speaking to Lain. Thus, I can only surmise that this was done at his request. I have heard about the fire department's conclusions, have you? Sufficed to say, I don't expect the fire department will be a source of support for your endeavors. I will leave you with these parting thoughts, I once trusted Lain and Kirby and got burned. Moreover, Lain has made very clear that your mother, and now you, have something he wants very much‐‐unfettered access to the pond. Draw whatever conclusions you want from that. I do hope at the end of the day that those property owners who truly want to preserve the character of Syria Mountain Estates as it was envisioned when is was created nearly 50 years ago, as well as their relationships with their neighbors, can come together and agree to a reasonable plan to maintain the roads, but the current trajectory of things gives me little hope. Stacy
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From: Jeanne Cerniglia <[email protected]> Sent: Sunday, April 22, 2018 2:31 PM To: Stacy Anderson Cc: [email protected]; [email protected] Subject: Re: Syria Mountain Estates Road Maintenance Hello Stacy, There is a lot in your letter I can identify with. I certainly can identify with your passion for having a place in the mountains especially with all the family memories. I have only been down your end of the road once in a walk with my mom so it has been a couple of years. From your description and my conversation with the Lain's, it seems you did everything necessary to have a functional and maintainable road. To make sure there is no misunderstanding, the loop road to your house is not a part of this effort (only Leathers Road to Kirbys). When my mom passed away we used a significant amount of our savings to repay her hefty reverse mortgage so we could keep our "place in the mountains" in the family. We have lots of memories since our first Thanksgiving in 1979. I think we share a desire to maintain the feel of the area. My mom struggled with all the changes but if it wasn't for the Whidby's and Lain's we wouldn't have been able to have her stay as long as she did in her home. Your father in law also was always a great friend to the end. My husband and I spoke to Mr Hobbs to get advice on how best to proceed with the road now that we know the county owns the road. The Lain's and Kirby's have both committed to provide financial support to whatever might be agreed upon. We were advised to let the property owners know that the road was being surveyed with the possibility of restoration being made. I'm not a lawyer but I did that to the best of my ability. In trying to be cautious in following the law, it seems it is possible that I may have been too vague and allowed confusion. Also there seems to confusion about the two letters to Mr Hobbs. The first letter to lot owners sent with the initial correspondence was a draft to work off of. The second, which was sent, is the revised letter after our consultation with Mr Hobbs. Hence, the differences. However, in my two considerable conversations with Whidby's during the two days we were able to be there, I was clear that the survey and consultation with contractors was a fact finding process and we would be coming back to have conversations with neighbors. In my letter, I also wanted to make sure people knew they would not be held financially accountable for anything. No plan has been finalized. It is our understanding the logical sequence is to survey the road and have professional people give their advice to restore the road. It is our hope then that the community would come to a consensus on how to proceed. However, determining and acknowledging the right of way protects everyone's property. I assume that you and Barbara were aware of and respected the right of way in the work you had done. We are trying to do the same.
4
I appreciate you reaching out and I hope we continue to communicate openly going forward. Jeanne Cerniglia Sent from my iPhone On Apr 21, 2018, at 6:39 AM, Stacy Anderson <[email protected]> wrote:
Ms. Cerniglia,
Attached you will find my response to your April 8, 2018 letter regarding Syria Mountain Estates road maintenance. I would appreciate it if you would acknowledge receipt.
Stacy L. Anderson
5909 9th St. N.
Arlington, VA 22205
(571) 334-1760
<SME Road Maintenance Letter.pdf>
1
Jack Hobbs
From: Stacy Anderson <[email protected]>Sent: Sunday, April 22, 2018 7:39 PMTo: Jeanne CernigliaCc: Jack Hobbs; [email protected]: Re: Syria Mountain Estates Road Maintenance
Jeanne, I appreciate your response, but it leaves me at quite a loss. What you describe here makes a great deal of sense and something that we might be willing to support, but it does not comport with what is actually happening. The survey was completed today. Of course,"Barbara [and I] were aware of and respected the right of way in the work [we] had done." No one has ever questioned whether the existing road lies within the right‐of‐way. Grading it, topping it with gravel, and mowing the shoulder 4 feet on either side respects everyone's property rights. And, no survey is needed to accomplish this. But a survey is needed to remove trees and widen the road. Based on information we received late last week, we had reason to believe that Lain had arranged, starting as early as tomorrow, to remove trees from the public right‐of‐way with no notice to SME property owners and certainly with no authorization from the county to removed trees from pubic space. The project was funded through a state forestry grant. When several of us complained to the state forestry department on Friday, the state pulled the funding for this project. I have submitted a FOIA request to get the grant application, as it is our understanding that funding was approved based on a representation that all SME property owners had agreed to the tree removal. Obviously, this is not the case. You say you are working with the Lains and the Kirbys, so I can only surmise that you knew about this. Or, maybe you had no idea. But, your letter to SME lot owners and interactions with Mr. Hobbs provide the only cover for what is being done. Hence my April 21 letter to you. At this point I am going to assume that you were fully aware of Lain's intent to remove tress from the right‐of‐way as early as tomorrow and may have been involved with the grant application and the scheduling of the work unless I am given good reason to believe otherwise. Moreover, rumor has it that Kirby has bigger plans. People say he's said that he intends to subdivide his property and build homes. To do so, he's got to bring Leathers Lane up to certain standards to meet the requirements of the subdivision ordinance. Thus, it would appear that this is why he's footing the bill for what is being done, and of course a survey is needed if this is his plan. I was also surprised to see you use Lain's name in the same sentence with Jackie and Darryl. Since Lain had Darryl arrested, prosecuted on what many think were bogus and trumped up charges, then jailed, its surprising that you claim allegiance to both. Our allegiance lies with Jackie and Darryl, who oppose Lain's and Kirby's efforts. In your April 8 letter, you justified your actions based on a concern about emergency fire and rescue equipment being able to access the SME residences. As I and others have said, we believe there is no safety issue with the road. The Madison County Volunteer Fire Department surveyed Leathers Lane from the entrance to the Kirby home on Saturday to determine whether ambulances and fire equipment could safely navigate the road, then spent time speaking to Lain. Thus, I can only surmise that this was done at his
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request. I have heard about the fire department's conclusions, have you? Sufficed to say, I don't expect the fire department will be a source of support for your endeavors. I will leave you with these parting thoughts, I once trusted Lain and Kirby and got burned. Moreover, Lain has made very clear that your mother, and now you, have something he wants very much‐‐unfettered access to the pond. Draw whatever conclusions you want from that. I do hope at the end of the day that those property owners who truly want to preserve the character of Syria Mountain Estates as it was envisioned when is was created nearly 50 years ago, as well as their relationships with their neighbors, can come together and agree to a reasonable plan to maintain the roads, but the current trajectory of things gives me little hope. Stacy
From: Jeanne Cerniglia <[email protected]> Sent: Sunday, April 22, 2018 2:31 PM To: Stacy Anderson Cc: [email protected]; [email protected] Subject: Re: Syria Mountain Estates Road Maintenance Hello Stacy, There is a lot in your letter I can identify with. I certainly can identify with your passion for having a place in the mountains especially with all the family memories. I have only been down your end of the road once in a walk with my mom so it has been a couple of years. From your description and my conversation with the Lain's, it seems you did everything necessary to have a functional and maintainable road. To make sure there is no misunderstanding, the loop road to your house is not a part of this effort (only Leathers Road to Kirbys). When my mom passed away we used a significant amount of our savings to repay her hefty reverse mortgage so we could keep our "place in the mountains" in the family. We have lots of memories since our first Thanksgiving in 1979. I think we share a desire to maintain the feel of the area. My mom struggled with all the changes but if it wasn't for the Whidby's and Lain's we wouldn't have been able to have her stay as long as she did in her home. Your father in law also was always a great friend to the end. My husband and I spoke to Mr Hobbs to get advice on how best to proceed with the road now that we know the county owns the road. The Lain's and Kirby's have both committed to provide financial support to whatever might be agreed upon. We were advised to let the property owners know that the road was being surveyed with the possibility of restoration being made. I'm not a lawyer but I did that to the best of my ability. In trying to be cautious in following the law, it seems it is possible that I may have been too vague and
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allowed confusion. Also there seems to confusion about the two letters to Mr Hobbs. The first letter to lot owners sent with the initial correspondence was a draft to work off of. The second, which was sent, is the revised letter after our consultation with Mr Hobbs. Hence, the differences. However, in my two considerable conversations with Whidby's during the two days we were able to be there, I was clear that the survey and consultation with contractors was a fact finding process and we would be coming back to have conversations with neighbors. In my letter, I also wanted to make sure people knew they would not be held financially accountable for anything. No plan has been finalized. It is our understanding the logical sequence is to survey the road and have professional people give their advice to restore the road. It is our hope then that the community would come to a consensus on how to proceed. However, determining and acknowledging the right of way protects everyone's property. I assume that you and Barbara were aware of and respected the right of way in the work you had done. We are trying to do the same. I appreciate you reaching out and I hope we continue to communicate openly going forward. Jeanne Cerniglia Sent from my iPhone On Apr 21, 2018, at 6:39 AM, Stacy Anderson <[email protected]> wrote:
Ms. Cerniglia, Attached you will find my response to your April 8, 2018 letter regarding Syria Mountain Estates road maintenance. I would appreciate it if you would acknowledge receipt. Stacy L. Anderson 5909 9th St. N. Arlington, VA 22205 (571) 334-1760
<SME Road Maintenance Letter.pdf>
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