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provide tax benefits. The parties to this proceeding acknowledge
that the reference to 62 building lots “by-right” was incorrect
and would have required rezoning. Although Hyland signed this
letter, petitioner and his advisers had prepared it and requested
Hyland to sign it. Hyland relied on petitioner for the truth or
accuracy of the statements in the letter. At the time Hyland
signed the letter, he was unaware that petitioner had plans to
develop and sell 30 lots. Petitioner intended to use the letter
to substantiate a tax deduction he planned to take for a
conservation easement.
Ultimately, the Grist Mill property was subdivided into 29
residential lots. Some of the 29 homes built on the Grist Mill
property could be seen from the Woodlawn Plantation, especially
during the winter and spring months when there is less foliage.
The Grist Mill Woods subdivision plan was approved by the
Fairfax County Plan Control Section with an R-2 zoning
classification on March 23, 1999. In a letter dated October 14,
1999, MVLA agreed to the plan and asked the ARB to support
petitioner’s proposed development of a 30-residence subdivision.
MVLA also stated its understanding that petitioner would donate
lot 30 to MVLA for parking at the Grist Mill. MVLA’s letter was
based on the language recommended and supplied by petitioner.
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