- 17 -
On October 14, 1999, the ARB reviewed petitioner’s
application for the Grist Mill Woods subdivision. The ARB
understood that the development plan provided a sufficient buffer
between the subdivision and the Grist Mill and that lot 30 would
be donated to the Grist Mill. Although the ARB was concerned
about the potential for tree loss, ultimately the plans were
approved.
The Conservation Easement and Income Tax Deduction
On December 6, 1999, the same day FAC closed on its sale of
the Grist Mill property to MVD, FAC executed a conservation
easement deed, which was recorded on December 7, 1999. The deed
contained a description of the historical sites adjacent to the
Grist Mill property and indicated that MVLA and the Board wished
FAC to limit construction of the property to 30 single-family
residential lots. It contained the further statement that even
though FAC could have built 62 lots based on a PDH subdivision,
it voluntarily agreed to limit developing the Grist Mill property
to 30 lots to better serve the historic and scenic nature of the
Grist Mill. Despite the assertion that 62 lots could have been
built, the Grist Mill property was zoned R-2 and no plan for PDH
zoning had been approved or was pending before Fairfax County.
Neither the Fairfax County Attorney’s Office nor MVLA reviewed
the deed, and the purported grantee of the conservation easement
did not sign or acknowledge the deed.
Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: May 25, 2011