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Patricia D. Thomas, P.L.C. Attorney at Law 201 Chestnut Street Post Office Box 300 Middleburg, Virgina 20117 January 26, 2009 Middleburg, Virgini 20118 Fax (540) 687-8042 (640) 687-6400 Fauquier County Animal Control via email Attn: Animal Warden lane.ptullippe @ fauquiercounty.20v 78 West Lee Street Douglas montelone@ fauquiercounty.go¥ Warrenton, Virginia 20186 erin golden @ fauquiercounty.gov Via fax: (540) 349-2284 Gentlemen: telephoned earlier this morning and spoke with your dispatcher, however, I was so upset it was difficult for me to provide information. Thave just returned from Paris, Virginia near the Ashby Inn at the intersection of Route 50, State Route 701 and Route 17 where there is a property on which there are some animals that are being kept in bad conditions, and at least one of them needs medical care. I believe the street address for this property is 1037 Gap Run Road, Paris, Virginia 20130. It is tax map 6034-98-2331- 000. The property is owned by Martha Malawer. [ have never observed any human being attending the animals on this property. I will send by email some photographs I took this morning of a small pony whose hooves have grown out about 8 inches and the animal is in pain and can hardly walk. There is also an Emu, which is without shelter or proper food for this type of bird. T have occasionally fed the birds some cracked com, and I believe the man who rents the pasture for his cattle has recently placed a round bale of hay because the animals never have any food. There are 3 Hama or alpaca, one Emu, two miniature donkeys, and this small pony. I urgently request your help in having at least the small pony seized and taken in for work by a blacksmith, The pony was wearing a halter which was so tight it ‘was shaping the bones on his head, and that has been changed after I observed that a couple of weeks ago. These animals have been at this property for a couple of years now without proper shelter or food. There aever seems to be anyone om the property. For a Jong time there were pigs trapped in a downstairs stall under the old dairy barn and this was witnessed by my construction crew who also fed the animals on and off when they were at our property across the street. Thave been told that the woman that owns the property, Martha Malawer, has not been responsive to requests by neighbors to take care of the animals or get rid of them. 1 have heard that she is supposed to be running some sort of animal rescue operation. ‘That isa joke. Twill help the Fauquier County Animal Control with the prosecution of this case by signing any affidavits, meeting the inspector there, providing other witnesses, and { will pay for the blacksmith that this poor pony needs desperately. I repeat. the animal's feet are causing him pain and he can barely walk Please have someone call me immediately so that I can meet your inspector there. Yours sincerely, Patricia D. Thomas PDT/rcu Encls: Photos, by separate email Sherwood, Rond: ee From: Patricia Thomas Sent: Wednesday, May 23, 2012 10:28 AM To: ‘Thomas, Phillip Subject: Malawer, Paris barn Attachments: Zoning Appeal, Martha Boneta.pdf ‘5/22/2012 11:14:11 AM ler@pecva.org Malawer, Paris barn Dear Chris, “Attached please find a copy of the Board of Zoning Appeals matter regarding Martha Malawer's occupancy Violations for her house in Paris (although the incident also involved her use of the barn). We are monitoring this case brought by Andrew Hushhour at Zoning because it my belief that facts will come out during the testimony or the BZA appeal which may be helpful to the PEC to back PEC’s ongoing concen bout her ase of the Paris barn. There was quite a bit of investigation done by the Sheriff's department and ‘Andrew Hushhour prior to bringing this complaint and I understand there is one other pending which will very shortly reach the 30-day mark for Malawer's reply. | will either attend the June 7th BZA hearing or have a record made of the testimony Call me later on this if you wish, and I would appreciate your passing this along to Diana Norris. Thank you Patricia Thomas Patricia D. Thomas, PLC ‘Attorney at Law P.O. Box 300 201 Chestnut Street Middleburg, VA 20118 Phone: (540) 687-6400 Fax: (540) 687-8042 Email: : t » é Russell L, Rabb, {11 Senior Assistant Commonwealth's Attorney 29 Ashby Street, 4" Floor Warrenton, VA 20186 (540) 422-8120 April 18, 2013 Dear Mr. Robb, ‘Thank you for your time and consideration shown to Phil Thomas and myself on Monday, April 15, 2013, regarding our concems associated with Mrs. Martha Boneta, of Paris, Virginia. The issues as discussed, are complex and layered when dealing with an individual who is uncooperative and troublesome to her neighbors, community, and county The information and documents presented at our meeting, will hopefully, upon your review, provide an additional element of focus with the issues as discussed. Of immediate concern, is the identifying of my name and location of our residence in ‘Mrs, Boneta’s comments posted online in response to the article published in Northern Virginia magazine. Both my wife and I share safety concerns for ourselves and our residence based on Mrs, Boneta's past associations and behavior. Again, thank you for your patience and attention. We look forward to your comments and overview of the situation, Best Regards, John Miller Mailing address: P.O, Box 623 Upperville, VA 20185 (540) 592-3105 STG RES Te AT iba ToSATTOME PHILLIP S. THOMAS cairn MIDDLEBURG, VIRGINIA Russell L. Rabb, III Esquire Assistant Commonwealth Attorney Fauquier County 29 Ashby Street Warrenton, VA. 20186 April 16, 2013 Dear Mr. Rabb, Thank you for meeting with John Miller and myself yesterday. I know we sounded like a bunch of gibberish but, hopefully after reading the material we left for you, we make some sense of normalcy. Enclosed please find a celebration article regarding my Fifty years in the Middleburg real estate community. Would appreciate the opportunity to meet with you again, at your convenience, to go over your thoughts regarding the Boneta issues. Again thank you for your time and consideration regarding the above. Wishing you wy the best, LAA Lipa Encl. PST/ cles APR 17 2013 FAUOUER COUNTY GPCR GR THE AER CERT JAMES F. FISHER COMMONWEALTH’S ATTORNEY Deputy Commonwealth's ‘Attorney Jamey E. Cook Senior Assistant Commonwealth's ‘Attorneys, Russell L. Rabb, I! Paul R. Walther Assistant Commonwealth's ‘Attorneys Stephanie A. Siege! ‘Abigail J. Owens M. Alexandea Hazel Amy M. Cassandra Anita B, Baldock-Bryant Vietim-Witness ‘Case Manager’ Investigators | foger Baron Majorcrimes | Lori Jones Crimes Against Children ‘and Vulnerable Vietims 29 Ashby Sree. Commonwealth’s Attorn: ev &, April 25, 2013 Johri Miller Phillip Thomas Gentlemen: L appreciate you raising your concerns to me regarding the allegations that you set forth in our meeting on April 13, 2013 While I understand your concerns regarding Martha Boneta, there is not sufficient evidence to proceed forward with a criminal prosecution. With that in mind, I have forwarded your information to detectives with the Criminal Investigations Division of the Fauquier County Sheriff's Office. As they are the appropriate investigating agency, I feel it necessary to make them aware of your concerns. If any concerns arise in the future, especially any immediate concerns, I urge you to contact law enforcement 80 that they will be able to further an investigation. I did read over all the documents you provided and further read over prior complaints regarding Mrs. Boneta. It is after a review of all the information I have that I have come to the decision that no criminal prosecution is warranted at this time. 1 do feel that based on your concerns it is important to forward this matter on to law enforcement so that they may be aware of it, Sincerely, Kai RLRijej ce: Lieutenant Hartman ja 20185 Phone (540) 422-8120 | Facsimile (540) 422.812) JAMES P, FISHER COMMONWEALTH’S, ATTORNEY Deputy Commonveatth’s Attorney Jamey E. Cook Senior Assistant Commonwealth's ‘Attorneys Russell L. Rabb. IIL Paul R. Walther Assistant Commonwealth's ‘Attorneys, Stephanie A. Siege! Abigail J. Owens M. Alexandra Hazel Amy M. Cassandra Anita B. Baldock-Bryant Vierim-Wikness Case Manager! Investigators Roger Baron Major Crimes, Lori Jones Crimes Against Children ‘and Vulnerable Victims} 29 Ashby Street, Fourth Floor Fauquier County Uinice 01 ine Commonwealth’s Attorney April 25, 2013 Lieutenant James Hartman Fauquier County Sheriff's Office 78 West Lee Street ‘Warrenton VA 20186 Dear Lieutenant Hartman: I've copied you in a letter to Phillip Thomas and John Miller regarding concerns they have regarding an individual named Martha Boneta. [met with them on April 15, 2013 to discuss their concerns. ‘They provided information regarding their concerns and I ask that you review it. As you can see from my letter, my review of what they gave me did not warrant criminal prosecution, but I did inform them that should other matters arise in the future that it would be appropriate for them to contact law enforcement. Ifyou feel differently about criminal prosecution, I urge to make contact me with so that I might become aware of your reasons. I also have discussed this matter with Detective Zeets and reviewed his report regarding an allegation of filing a false police report that occurred on August 23, 2009, that was investigated by Detective Zeets. Should you have any questions regarding the contents I have reported to you, please feel free to contact me. Sincerely, Lf UAe?e , Russell L. Rabb, III 8 5. Tomas SewOR EACH, vec Vinainsa Mr. Bradiey J. Ui Bisley ; (28 West Market Strect __ Leesburg, Virginia 20176 November 26, 2008 Yn Patricia D. THOMAS, P.L.C. ATTORNEY AT Law 2 South Madison Strect Post Office Box 300 Middleburg, Virginia 20118 Middleburg, Virginia 20117 Fax (540) 687-8042 ee (S40) 687-6400 Mr, Peter B. Schwartz P.O, Box 159 Delaplane. Virginia 20144 Re: Martha Malawer/PIN 6034-98-2331 Dear Peter: Shortly before Martha Malawer settled the case against her brought by Piedmont Environmental Council (September 2, 2011), she filed the enclosed in the land records on May 17, 2011. This is another of her businesses utilizing the batn. ‘There is a significant amount of activity with the public coming and going, sometimes by the vanload, at her property. She states on this Certificate that she is conducting the business of “farmstore” Th addition to the other things she lists. Is she permitted fo have a farmstore without permits? And if so, is there a requirement that the items sold be produced on the property, because to my knowledge, nothing is actually being grown there. There are two layers of “regulations” that govern her property, the first set imposed by the Deed of Conservation Easement/PEC/VOF, and the second by County zoning. She claims to have a 501C3 organization operating there, “Liberty Hall Livestock Rescue, Inc”, taking in about $63,000 a year in donations! as well as whatever she does with “Piedmont Agriculture Academy, LLC”, and now “Paris Barns”, which is an entity that pops up an internet search as an agritourism destination. Will you please took into this at the County level regarding what is permitted as « commercial endeavor on that parcel, what permits are necessary, what building code Tequitements are called for, what is actually being conducted there versus what is permitted, and whether the definition of farmstore allows tours and sale of things not produced on the property. ‘Thank you. Yours sincerely, / we Patricia D. Thomas pote Encl. Ce: John Miller Patricia D. THOMAS, P.L.C. ATTORNEY AT LAW 2 South Madion Steet Post Office Box 300 Middleburg, Virginia 20117 March 23, 2012 Middleburg, Virginia 20118 Fax (540) 687-8042 23, 2012 (540) 687-6400 Mr, Peter B. Schwartz P.O. Box 159 Delaplane. Virginia 20144 Re: Martha Malawer/PIN 6034-98-2331 Dear Peter: Shortly before Martha Malawer settled the case against her brought by Piedmont Environmental Council (September 2, 2011), she filed the enclosed in the land records on May 17, 2011. This is another of her businesses utilizing the bam. There is a significant amount of activity with the public coming and going, sometimes by the vanload, at her property. She states on this Certificate that she is conducting the business of “farmstore” Pn addition to the other things she lists. Is she permitted to have a farmstore without permits? And if so, is there a requirement that the items sold be produced on the property, because to my knowledge, nothing is actually being grown there. There are two layers of “regulations” that govern her property, the first set imposed by the Deed of Conservation Easement/PEC/VOF, and the second by County zoning. She claims to have a 501C3 organization operating there, “Liberty Hall Livestock Rescue, Inc.”, taking in about $63,000 a year in donations! as well as whatever she does with “Piedmont Agriculture Academy, LLC”, and now “Paris Bars”, which is an entity that pops up an internet search as an agritourism destination. Will you please look into this at the County level regarding what is permitted as = ‘commercial endeavor on that parcel, what permits are necessary, what building code requirements are called for, what is actually being conducted there versus what is ‘whether the definition of farmstore allows tours and sale of things not permitted, and produced on the property. ‘Thank you. Yours sincerely, yD, Patricia D. Thomas ao Brels. Ce: John Miller Patricia D. THOMAS, P.L.C. ATTORNEY AT Law yaSah Maion Suse wef ee Box 200 jeburg, Virginia Middleburg, Virginia 20118 Fax (540) 687-8042 March 23, 2012 ($40) 687-6400 Mr. Peter B. Schwartz P.O. Box 159 Delaplane, Virginia 20144 Re: — Martha Malawer/PIN 6034-98-2331 Dear Peter: Shortly before Martha Malawer settled the case against her brought by Piedmont Environmental Council (September 2, 2011), she filed the enclosed in the land records on May 17, 2011. This is another of her businesses utilizing the bam. There is a significant amount of activity with the public coming and going, sometimes by the vanload, at her property. She states on this Certificate that she is conducting the business of “farmstore” fn addition to the other things she lists. Is she permitted to have a farmstore without permits? And if so, is there a requirement that the items sold be produced on the property, because to my knowledge, nothing is actually being grown there. There are two layers of “Tegulations® that govern her property, the first set imposed by the Deed of Conservation Easement/PEC/VOF, and the second by County zoning. She claims to have @ 501C3 organization operating there, “Liberty Hall Livestock Rescue, Inc.”, taking in about $63,000 a year in donations! as well as whatever she does with “Piedmont Agriculture Academy, LLC”, and now “Paris Barns”, which is an entity that pops up an internet search as an agritourism destination. Will you please look into this at the County level regarding what is permitted as a commercial endeavor on that parcel, what permits are necessary, what building code requirements are called for, what is actually being conducted there versus what is permitted, and whether the definition of farmstore allows tours and sale of things not produced on the property. Thank you. Yours sincerely, ( Patricia D. Thomas PDT/reu Enels Ce: John Miller Paraicia D. THOMAS, PLC. > Arraesyy at Law 2 Sowth Madicar Sereer Pont OFRee Boa 108 Middlebury, Vingris 20117 7 Muntebure, Vigo 20s Kaes (5405 687-8042 February 2, 2009 10: GB? OO Ms. Matic Leibson, Vive President, Senior tender Souabank, NA 550 Broaiview Avenue Warrenton, Virgior BH86 Re: Sanabartk Loan Mumtber: $2-45-000005 Dear Ms. Leibsou: Reference is marie ts & Deed of Trust town may by Sonabank, NA te Martha i amount 0 PDTrew Brel JAMES P. FISHER COMMONWEALTH’S ATTORNEY Deputy ‘Commonwealth’s Attorney Jamey E. Cook Senior Assistant Commonwealth's Attorneys Russel L. Rabb, ILL Paul R. Walther Assistant ‘Commonwealth's ‘Attorneys Stephanie A. Siegel Abigail J. Owens M, Alexandra Hazel ‘Amy M. Cassandra Anita B. Baldock-Bryant Victim-Witness Case Manager! Tavestigators Roger Barton Major Crimes ‘Lori Jones ‘Crimes Against Children and Vulnerable Victims 29 Ashby Street, Fourth Floor | Warrenton, Virginia 20186 | Phone (540) 422-8120 | Facsimile (540 Fauquier County Office of the Commonwealth’s Attorney August 15, 2014 John Miller Phillip Thomas Gentlemen: I appreciate you raising your concerns to me regarding the allegations that you set forth in our meeting on April 13, 2013. While I understand your concerns regarding Martha Boneta, there is not sufficient evidence to proceed forward with a criminal prosecution. With that in mind, I have forwarded your information to detectives with the Criminal Investigations Division of the Fauquier County Sherifi’s Office. As they are the appropriate investigating agency, | feel it necessary to make them aware of your concerns. If any concerns arise in the future, especially any immediate concerns, I urge you to contact law enforcement so that they will be able to further an investigation. I did read over all the documents you provided and further read over prior complaints regarding Mrs. Boneta. It is after a review of all the information I have that I have come to the decision that no criminal prosecution is warranted at this time. I do feel that based on your concerns it is important to forward this matter on to law enforcement so that they may be aware of it. Sincerely, Russell L. Rabb, Ill RLRijej ce: Lieutenant Hartman JAMES P. FISHER COMMONWEALTH'S ATTORNEY Deputy ‘Commonwealth's Attorney Jamey E. Cook Senior Assistant ‘Commonwealth's Attorneys Ruseell L. Rabb, fi. aul R. Walther Assistant Commonwealth's Attorneys Stephanie A. Siegel Abigail J. Owens M, Alexandra Hazel ‘Amy M. Cassandra Anita B. Baldock Bryant Vietim-Witness Case Manager! Investigators. Roger Barton Major Crimes Lori Jones Cyimes Against Children ‘and Vulnerable Vietims 29 Ashby Street, Fourth Floor | Warrenton, Vi Fauquier County Office of the Commonwealth’s Attorney August 15, 2014 Lieutenant James Hartman Fauquier County Sheriff's Office 78 West Lee Street Warrenton VA 20186 Dear Lieutenant Hartman: P've copied you in a letter to Phillip Thomas and John Miller regarding concerns they have regarding an individual named Martha Boneta. I met with them on April 15, 2013 to discuss their concerns. ‘They provided information regarding their concerns and I ask that you review it, As you can see from my letter, my review of what they gave me did not warrant criminal prosecution, but I did inform them that should other matters arise in the future that it would be appropriate for them to contact law enforcement. If you feel differently about criminal prosecution, I urge to make contact me with so that I might become aware of your reasons. T also have discussed this matter with Detective Zeets and reviewed his report regarding an allegation of filing a false police report that occurred on August 23, 2009, that was investigated by Detective Zeets. Should you have any questions regarding the contents I have reported to you, please feel free to contact me. Sincerely, Russell L. Rabb, Ill ia 20186 | Phone (340) 422-8120 | Facsimile (540) 422-812 Join M. Miller Post Office Box 623 Upperville, Virginia 20185 P So May 25, 2012 Mr. Peter B. Schwartz Marshall District, Supervisor c/o Fauquier County Board of Supervisors Warren Green Building 10 Hotel Street, Suite 208 Warrenton, Virginia 20186 Dear Mr. Schwartz, ‘Thank you for your conversational and continued efforts addressing developing issues affecting the quality of residency in Fauquier County. As we discussed on Wednesday, May 23, 2012, circumstances directly associated with the Boneta’s involving intensity of lighting, noise, nuisance levels with barking dogs, disruptive and devaluation of property are of primary concern. As you noted, we did complain about the introduction of students being housed in the Boneta’s residence and farm facilities which resulted in enforcement action by the Zoning Board which has influenced diminished activity by Mrs. Boneta for the present time. We take note that an appeal has been filed and as you indicated, there is a possibility that the results of the appeal may be in her favor which is a circumstance of events that you have no control over. Of absolute concern, is the possibility of some form of retaliation orchestrated by the Boneta’s to intimidate, harass or to demonstrate that she has the ability to circumvent the authorities with perceived immunity. Her perception appears to be that the Fauquier County obstacles are essentially a minor irritant. Since Mrs. Bonete’s arrival in Paris, Fauquier County, there appears to be a continuous mark of aggressive, confrontational and disruptive behavior, which directly affects the community’s standard and quality of life. It is our belief that the ordinances require serious attention and adjustment to effectively control those who ignore the basic courtesies of social intercourse. Those responsible for enforcing the zoning ordinances are hampered by what appears to be weak and outdated applications in today’s environment, as is evidenced by Mrs. Boneta’s behavior. It is both an exhausting and debilitating exercise to continuously be required to contact and explain on a repetitive basis, repetitive issues associated with one individual’s contentious behavior and attitude toward society and a regulatory component. It is a frustrating proposition. ‘Thank you again Peter, for your extension of courtesy and patience, fl. i, Mr. Peter B. Schwartz Post Office Box 159 Delaplane, Virginia 20144 Commonwealth Attorney Mr. James P. Fisher 29 Ashby Street Warrenton, Virginia 20186 Fauquier County Department of Community Development Zoning, Permitting & Inspections Ms. Kimberley A. Johnson Chief of Zoning, Permitting & Inspections 29 Ashby Street, Suite 310 Warrenton, Virginia 20186 ‘The Piedmont Environmental Council Mr. Chris Miller, President Post Office Box 460 Warrenton, Virginia 20188 John M, Miller Post Office Box 623 Upperville, Virginia 20185 { 7 ‘ May 25, 2012 Mr. Peter B. Schwartz Marshall District, Supervisor c/o Fauquier County Board of Supervisors Warren Green Building 10 Hotel Street, Suite 208 Warrenton, Virginia 20186 Dear Mr. Schwartz, ‘Thank you for your conversational and continued efforts addressing developing issues affecting the quality of residency in Fauquier County. As we discussed on Wednesday, May 23, 2012, circumstances directly associated with the Boneta’s involving intensity of lighting, noise, nuisance levels with barking dogs, disruptive and devaluation of property are of primary concern. ‘As you noted, we did complain about the introduction of students being housed in the Boneta’s residence and farm facilities which resulted in enforcement action by the Zoning Board which has influenced diminished activity by Mrs. Boneta for the present time. We take note that an appeal has been filed and as you indicated, there is a possibility that the results of the appeal may be in her favor which is a circumstance of events that you have no control over. Of absolute concern, is the possibility of some form of retaliation orchestrated by the Boneta’s to intimidate, harass or to demonstrate that she has the ability to circumvent the authorities with perceived immunity. Her perception appears to be that the Fauquier County obstacles are essentially a minor irritant. Since Mrs. Boneta’s arrival in Paris, Fauquier County, there appears to be a continuous mark of aggressive, confrontational and disruptive behavior, which directly affects the community’s standard and quality of life. It is our belief that the ordinances require serious attention and adjustment to effectively control those who ignore the basic courtesies of social intercourse, Those responsible for enforcing the zoning ordinances are hampered by what appears to be weak and outdated applications in today’s environment, as is evidenced by Mrs Boneta’s behavior. MON EAT OF VR, © ounty oF Fauquier 1°%C4 mene sans rst oc amar ‘Commonwealth's Attorney Assistant Commonwealth's Attorneys JAMEY E. COOK Chief Deputy Commonwealth's Attomey ROGER D. BARTON ‘Spec nsesignor, Major Crimes OFFICE OF THE vo COMMONWEALTH’S ATTORNEY 29 Ashby Street + Warrenton, Virginia 20186 Telephone: (540) 422-8120 + Fax: (540) 422-8121 Email: commonwealth.atiorney@ fauquiercounty.gov ‘Website: http://jamesfisher.org, ‘ic Witness Case Manager comes Asuna Children & Valmet Vitis November 2, 2015 MEMORANDUM To: James P. Fisher From: Russell L. Rabb, Ill Subject: Meeting with John Miller and Phillip Thomas In April of 2013, I was instructed to follow-up with John Miller and Phillip ‘Thomas regarding a complaint about Marsha Boneta, I met with them that month and they expressed their concerns about Ms. Boneta which involved the possibility of a threat. This was non-specific in that they believed she might recruit someone to do them harm and as such I was unable to determine if there had been a criminal violation. Shortly after the meeting I sent Mr. Miller ‘and Mr. Thomas a letter detailing my review of the matter and my conclusion that there was not sufficient evidence to proceed forward with criminal charges. Contemporaneously, I sent a letter to Lieutenant James Hartman of the Fauquier County Sheriff's Office regarding this meeting. { provided him with any and all documents that I received from Mr. Miller and Mr. Thomas ‘At this time, I do not have any independent recollection of what these documents contained other than that all such documents were sent to the Sheriff's Office. This matter never came to this office as a formal investigation, but more so as an informal complaint. As such, a file was never officially opened. Further, November 2, 2015 Page 2 of 2 this office is not an investigating agency which is one reason I referred Mr. Miller and Mr. Thomas to the Fauquier County Sheriff's Office should they feel an investigation was warranted. I do not recall if there was any contact after the letter was sent. One of them may have called at some point to thank me for taking the time to meet with them. My only contact with Lieutenant Hartman about this matter, other than the letter, was a phone call by me to him in which | informed him that I would not be taking any action and would be forwarding the matter to him. Our office did not keep a file copy of my letter declining action, so the only record we had (and which was later produced per FOIA) was an electronic copy of the letter which, when produced for FOIA production, included an incorrect date. The printed copy of that letter erroneously resulted in a date approximately a year later via the automatic data macro built into the word processing program. McCull ———— ee Sherwood, Ronda From: Sent: Wednesday, August 08, 2012 12:51 PM To: Schwartz,Peter Subject: [ArcMail Restored! Brief Meeting Importance: High Mr. Schwarz. Mr. Thomas would like to meet with you for approx.. 20 minutes Would you be available after 11:00am on one of the following dates? ‘Thursday. Aug. 9" Friday, Aug. 10" Monday, Aug. 13" Thank you for your time and consideration Sincerely, Ronda Sherwood Personal Assistant to Phillip S. Thomas (540) 687-8174 Direct McCulla, Paul ‘Sherwood, Ronda Thursday, August 09, 2012 1.59 PM Schwartz, Peter [AreMail Restored] Philip Thomas, Peter Schwartz Mr. Schwartz, Mr. Thomas would prefer meeting from 11:30am to Noon, Tues. Aug. 2st and then he would like to take you to lunch. Please confirm. Thank you. Ronda Ronda Sherwood Personal Assistant to Phillip S. Thomas McCull: jul From: Thomas, Philip Sent: Friday, April 11, 2014 11:42 AM To: Schwartz,Peter (ArcMail Restored] Thank you Mr. Peter B. Schwartz Board of Supervisors Fauquier County, Marshall District Via Email Dear Peter, Thank you for your support last night regarding the cell tower. We all agree it was needed and without your support it would not have happened. Someday, I'd like to talk to you about our friend at Sky Meadow State Park. I find it curious that he choose to voice his personal opinion regarding the tower rather than those of the park. Again, thank you for your kind support and I know our area will be better off for having better cellular coverage. All the best, Phillip Thomas Peter & Sehwares fpbs 19 nb net Ls ony emer 29, 2008 7:47 AM Subject: [AroMad Rastored} RE: Malawar Animals Foltow Up Flag: Follow Flag Status: Cempiated ‘Traeks very much Pau, (atta. Paul Memerdiawervaviky.o2) Sent: Thursday, Jarsary 29, 2008 7.36 AM Ta Peter 8. Sctvartz Me, Sehwearte, ‘span we issues ste is concerned abe: complete evaluation af sry and assured her Deputy Phillippe would continue to follow-up * Sg. 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Percig >. thom ic Pos aie Res Patti, fyi Peter seq | t ‘SHUBYS ueWeses BulpreBas jon O23 Win 4938u9 HMA \Uapue; ey) yUEqeUOS hq payENE sem uoIsSiuUad SsajUN jsm) Jo PASC ur BSnelp S1eS UO SNP sia stelorn O| suede Awepeay yeurnouBy jWoLpaig Oy sejsueL; “sup Sney SiUaWIsACIdW) Pappe-enjeA juEDyUBIS OU yey) UAE 000'00¥$ 40; peseysund Bureg 000008 10) padeByou: sem Ayedoud ou yey Susarayuy "Mesuod ay) Oo} Nok Woy seDYy [SSBIUN 1s1S39¢ SUORIPUCS aUuTsse yun) “SUORENIEaSsge sNOA UO Baseg yeam sig Jeoio auewny, EUS YN “ABIOP Bt 10) Aug “pUBYeEM Sed SRA aBEYORd NOK YBNONA peal isne ~seMeey -] “Buymoyo} BY) UO BSEq YONG} OF PAUEAA “AEpHOY BOOB & Dey pus DUE nok adoLy ‘smates SNOUEA ADeIqng SRWOU) Meg, 104 WW 029 6002 ‘ey Arenuer ‘hepcony Mag Geurunaes@ooisnd) 2 Ss Bd smosy Law Clerk Patricia Thomas Tuesday, July 03, 2012 12:15 PM Hushour,Andrew dnortis@pecva.org; hrichards@pecva.org [ArcMail Restored] Martha Malawer Boneta barns Andrew, See You Tube, DC Honeybees TV 1-31-12, Paris Barns See You Tube, Historic Blacksmith Blower demonstration 6-18-2012, may have been deleted by author. See www.mlive.com for comment on alternative spring break http://blog.mlive.com/saginawnews impact/print.html?entry=2012/03/45_svsu_students travel _acro ss.htm! See pennappetit. blogspot.com 3-28-12 for comment about alternative spring break and the dates thereof See www.passingdaisies.net/2012/03 from March 2012 reference alternative spring break See www.houghtonlakeresorter.com/.../SVSU student from Roscommon reference alternative spring break 3/08/12 See www,valleyvanguardonline.com , same. see www.facebook.com/events/159041004157016 where 64 persons were invited for an alternative spring break 5/20- to 5/22/11 Friday to Sunday for $20 each, includes lodging, meals and transportation--carpooling cout there to Paris and Sky Meadows. and the application to be filled out via" Holley@masonlive.gmu.edu and/or Center for Leadership and Community Engagement 703 995-2900 apparently at GMU THIS WAS 2011. Google “alternative break Summer Conservation/animal rescue farm” a public event on Facebook 5/20/11 From: Thomas, Phillip Sent: Friday, May 25, 2012 4:30 PM To: cmiller@pecva.org ce: Schwartz,Peter Subject: {ArcMail Restored] Malawer Boneta BZA Importane High Dear Chris, {As you know, Martha Michael Malawer Boneta's appeal to the BZA is being heard June 7 at 2 p.m. in the Warren Green Building This is an opportunity for PEC and others to attend and listen carefully to the presentation and especially her evidence because the same can be instrumental for the enforcement of PEC’s covenants, I will ask Peter Schwartz (by copy of this email) to pleasc contact the Commonwealth Attomey and the zoning administrators to verify they have the proper witnesses lined up, such as the deputies who interviewed the "students" (Martha refers to them as" guests") and photographs, and testimony from other Paris residents who noted the activity. There should also be information from the Liberty Hall Livestock Rescue website, and Paris Bars website evidencing her “agritourism" efforts. That is a commercial activity. Ifthe students mentioned the organization that sponsored or sent them, then that was arranged for valuable consideration or for the exchange of something valuable, so that should be explored. (ie. school credit for work, or work as @ donation) They were not there as free guests. They arrived in airport vans, and were part of an organized effort. They were expected to do certain chores, and one neighbor overhead the kids’ dissatisfaction verbalized. Surely the deputies have a record of their interviews. If their labor was considered a donation, then that is valuable consideration unto Malawer’s charity, the 501¢3 organization, named Liberty Hall Livestock Rescue which is operating at the barn premises. If one reads her BZA appeal by her attorney, Michelle Rosati, one can see that she is ready to spin it, same as during the PEC suit to enforce the covenants. Itis also apparent that she has closed up her operations at the Barn in advance of the upcoming hearing in the same fashion as during the prior judicial hearing, The property continues to look unkept, and the bam facade bears no relation to an 18th century structure anymore. The fencing is built from scrap and the lighting and signs are not within the law, nor the private covenants. Please urge a PEC rep to attend the BZA hearing, Sincerely, Phillip S. Thomas Co: Peter Schwartz McCulla, Paul From: Patti Thomas Sent: Friday, September 09, 2011 12:56 PM To: Peter B. Schwartz; Graham, Ray; Trumbo,Holder; Schwartz,Peter; Nyhous, Terry Subject: {AreMail Restored] winery ordinance Motion last night Gentlemen’ ‘Thank you for voting to defer the winery ordinance adoption and for acknowledging that the additional information you feceived in the last few weeks was a positive development that deserved further consideration. | am sorry some of us wore late to the process, but | volunteer to assist henceforth in whatever way is appropriate and helpful for the Board to make a right decision. As someone who served on a town council as well as a planning commission, | know firsthand that an extraordinary time commitment I represents in your lives, and often how litle contribution you get from the public. | sincerely appreciate the efforts the Board has made on this project and for your wilingness to continue on to achieve 2 balanced result. Again, thank you for the additional time you decided upon—this was the right thing for everytody. Patti Thomas Patricia D. Thomas, PLC Post Office Box 300 Middleburg, Virginia 20118 tel (640) 687-6400 fax (540) 687-6042 pathomas@erols.com McCulla, Paul From: Thomas, Philip Sent: ‘Thursday, August 09, 2012 3:10 PM To: Schwartz,Peter Ce: Culbertson, Renee Subject: [ArcMail Restored] RE: Philip Thomas, Peter Schwartz From: Schwartz,Peter [mailto:Peter Schwartz@fauquiercounty.gov} Sent: Thursday, August 09, 2012 2:32 PM Sherwood, Ronda Cc: Culbertson, Renee Subject: RE: Philip Thomas, Peter Schwartz er from 42 1 (and alas, afew mare after that} Much as | would like to, | have another appointment at 11:39 and the! ---~Original Appointment —- From: Sherwood, Ronda [mailto;ronda@thomasandtalbot.com] Sent: Thursday, August 09, 2012 1:59 PM chwartz,Peter ‘Subject: Philip Thomas, Peter Schwartz When: Tuesday, August 21, 2012 11:00 AM-11:30 AM (GMT-05:00) Eastern Time (US & Canada). Where: BOS Office, 10 Hotel St., Warrenton, VA Mr. Schwartz, Mr. Thomas would prefer meeting from 11:30am to Noon, Tues. Aug, 21st and then he would like to take you to lunch, Please confirm. Thank you, Ronda Ronda Sherwood Personal Assistant to Phillip S. Thomas McCulla, Paul From: Patricia Thomas Sent: Monday, November 11, 2013 3:49 PM To: TrumboHolder Subject: {AreMail Restored] Re: Zoning Ordinance Text Amendment to Sections 3-318, 6-102 and 15-300 Related to Sales of Agricultural Products and Agricultural Events Novernber 11, 2013 Mr. R. Holder Trumbo, Jr. Scott District Supervisor Mr. Chuck A. Floyd, Assistant Chief Zoning/Development Services Re; Zoning Ordinance Text Amendment to Sections 3-318, 6-102 and 15-300 Related to Sales of Agricultural Products and Agricultural Events Dear Holder and Mr. Floyd: Even a cursory review of the proposed text amendment regarding the sale of agriculture products and value- added agricultural products reveals loopholes which can cause unintended results. For example, if landowner is allowed by-right to sell value-added agricultural products made from items grown in Virginia from the property, whether such items are made on or off the property, you have essentially morphed a farm into a sales center, By way of example, as the landowner, I could obtain peanut butter and jellies from other farms or producers provided I could trace those products to peanuts and fruit grown in Virginia, and 1 could utilize my land, without farming at all, as a sales center for such products, At the same time, I could invite the public in large numbers to take part in hayrides, meetings, and events, with no restrictions on numbers thereby turning my property into space for hire, all the while not being required to farm or produce anything on that property 80 long ‘as I labeled it a “farm” and myself a “farmer”, Conducting those types of activities without getting my hands dirty is tantamount to redefining a farm and farmer. [ am certain that is not what was intended by this ordinance, but this is one simple illustration of what could occur lawfully after this ordinance is in place Here's an example for you: if wanted to sell and serve ham sandwiches and peanut butter and jelly sandwiches, Lwill be able to do that provided T use Virginia ham on bread that { can prove was made in Virginia, (whether on a farm or not), and using peanuts and jelly traceable to Virginia, and [can do that without limitation. 1 will build lunch counter displaying an educational video of sheep-shearing techniques, and then essentially I have created a lawful eating establishment on my “farm”, Also, sandwich making is not food processing and would fall outside of reach of that layer of regulation. So one can essentially establish a restaurant on an agricultural tract. Using your imagination, you can come up with other scenarios utilizing the parameters of the ordinance. The limits which are placed on the by-right activities are going to be unpoliceable and will require greater expense by County personnel to audit these types of activities. It will require accounting details to establish the percentage of sales from the property, and to trace whether the products are actually grown on the property or in Virginia and whether the “50%” limits are met. Most farmers selling vegetables deal in cash and without receipts from their farm stands, and farmers to farmers generally deal the same way, and without those kinds of records. ‘The fact that there is practically no limit on the scope of agricultural events could potentially result in farms becoming host sites for events under the guise of the authorizations provided by this new ordinance. The terms “processing”,” meetings”, “farm tours”, “farm-related”, and indeed, “farm” itself, will need to be defined which will be an impossible task and will create contention! certainly between legislators and farm operators. I propose that the Special Exception/Special Permit is the correct process to allow the County to deal with the expansion of permissible farm related activities. envision unanticipated consequences as a result of what is contained in the expansion of the by-right definition Selling caps, bags, T-shirts, having meetings, tours and the inclusion of the word “event” with seemingly no limitation on number and scope, is not advisable, nor beneficial to true farming, I Timothy 1:9, Law is not made for a righteous person, but for those who are lawless and rebellious... The tru Fauquier County farmer who wants to sell his produce has little problem operating in the current Fauquier County framework, but the landowner who wishes to strain this ordinance to unimaginable ends will be easily able to accomplish that because of the vagueness of the new ordinance. Patricia D. Thomas Pavricia D. Thomas. PLC Attorney at Law P.O. Box 300 201 Chestnut Street Middleburg, VA 20118 Phone: (540) 687-6400 Fax: (340) 687-8042 Email: gathomas@erols.com No virus found in this message. Checked by AVG - www.ave.com Version: 2014.0.4158 Virus Database: 3629 6819 - Release Date: 11 08.13 McCulla, Paul Patricia Thomas Thursday, June 14, 2012 11:25 AM Culbertson, Renee Sherbeyn, Lee; Schwartz,Peter; Trumbo Holder; Stribling, Chester; Granger, Chris [ArcMail Restored] Farm Winery Ordinance draft, une 14 Board of Supervisors hearing Faug Co Board of Supervisors letter 6-13-12.doc; Photos attached to FQ BD of Sup. It. 6-13 12pdf Importance: High Please see attached letter and photos Thank you Patricia Thomas Patricia D. Thomas, PLC Attorney at Law P.O, Box 300 201 Chestnut Street Middleburg, VA 20118 Phone: (540) 687-6400 Fax: (540) 687-8042 Email: pathomas@erols.com by IncrediM. Click Here! FREE Animations for your em: x June 14, 2012 Fauquier County Board of Supervisors BOS‘ fauguiercounty gov Mr. D, Lee Sherbeyn Jee.sherbeynu Fauquiercounty.zov Mr. Peter B. Schwartz peter Schwartz/a fauguiercounty.zov Mr. H. Holder Trumbo, Jr holder.trumbo.a fauquiercounty.cov Mr. Chester W. Stribling chester. stribling.a fauquiercounty.gov Mr. Christopher N. Granger chris. granger‘a fauquiercounty .20v Re. Farm Winery Ordinance, draft June 14 Board of Supervisors hearing Gentlemen: I am concemed about the content and latitude of the proposed farm winery ordinance presently under consideration. Thave heard the refrain that because the process has taken so long that the Board of Supervisors feels compelled to adopt “something”. I have also heard the cry that if the Board of Supervisors doesn’t give the wineries “something”, that the County of Fauquier will be sued. These are not legitimate reasons to sponsor. promote. or adopt a law. I know that the group of which I'm a member, Virginians for Responsible Wine Promotion, as well as the Zoning Administrator, have reviewed and can discuss with you other counties” farm winery regulations. For example. when Rappahannock adopted its regulations for farm wineries. it construed and then followed the Code of Virginia parameters narrowly. It stands. So Rappahannock did so without fear of being sued by the Attorney General or those who represent the powerful wine lobby, Now, you say, well Fauquier has more farm wineries. I say, it should make no difference to the County officials what size weapon a lobby is wielding. Famous wine territories have many more farm wineries and wineries. I have visited wineries in California, Italy, France, Germany, and Argentina. None had ancillary uses like recreational features, tot lots, portable tents, contests, music, or loud speakers, nor allowed dogs. My recollection isthe facilities were fairly quiet places that were seriously selling wine and wine only. Lawmakers are responsible to the citizens, taxpayers, and landowners. This Board of Supervisors should have absolute confidence in the propriety, advisability, and future possible effects of an ordinance before it adopts one. Can you assure the citizens this is the right ordinance? For example, { wonder that you propose to limit at all the number of events a farm winery can have. Why is 61 the number? If there are no deleterious effects, why limit the events at all? If something is “good”, why not have more of it? You are contradicting yourselves: proposing limits is tantamount to admitting that there might be a problem with having multiple, simultaneous events for hundreds of people, frequently, by dozens of farm wineries in rural settings. Zoning should follow an orderly development pattern. If commercial events at wineries are something you feel benefits the county, then you should create an Agricultural-Farm Product zoning category that would allow those type of commercial ventures in appropriate areas, such as where other commercial but agricultural-oriented endeavors are being conducted, such as farm stores, farmer's markets, livestock markets, feed stores, and those kinds of things. That way the grape grower, beef producer, horse breeder and corn farmer will all be treated similarly. Why do grapes and wine get special treatment? Because its lobby has threatened to hammer Fauquier County? Under the current version of this ordinance, once all the events and permitted uses for farm wineries are tallied up under the current schedule, itis very easy to see that the ordinance goes too far because this ordinance will insinuate commercial uses at an inappropriate level smack dab in the middle of agriculturally zoned areas. Some of these areas have important overlay historic districts (districts which the Board of Supervisors created and routinely cites as reasons to limit certain activities or property uses!). And some areas have large collections of private conservation easements, which to me, indicates a citizenry that worked hard for decades to produce a climate of preservation, quietude and open space-the very beautiful landscapes that draw the winery Operators, This ordinance has the potential of allowing wineries with disruptive events to wreck this forever. A proliferation of farm wineries and expansion by-right of those of certain non- farming type operations like “events” will ruin the landscape and impact property values. How does the Board of Supervisors justify its shoehorning of this pseudo commercial spot zoning into agricultural areas, areas already defined and set by the Comprehensive Plan and the Zoning Ordinance? We could spend a great deal of time discerning the good farm wineries from the bad apples. but the old adage, one bad apple spoils the lot, is so true. It is prudent to judge any new ordinance by its worst-case scenario result. T am not against farm wineries. I am against the type of loud, crowded, low-end, self-serving operations that some farm wineries have become and which this ordinance will allow to proliferate. [attach photographs to this letter in case the phenomenon has escaped your attention. Picture that The proposed new ordinance does not take into account that we have a hybrid and varied collection of farm wineries in this county. A few have a benign or no effect on their neighbors and some have a terrible effect on the neighbors. “The negative repercussions of the bad-apple wineries are irreversible. The Zoning Administra office has the current complaint files which VRWP reviewed. The negative effects of commercial luses and events at a farm winery can be viewed and experienced presently out there. Fauquier County does not have the enforcement capability or staff to deal with the bad apple results inevitable from this proposed new ordinance. The citizens cannot get from you a satisfaction warranty with this new ordinance, so please start with less, not more. Allow time to verify that the industry can police itself, be good neighbors, and build a positive track record in practice and at the Zoning Administrator's office. ‘The ordinance needs to go back into the shop for further discussions and collection of data from the Sheriff's Department, the Zoning Administrator's existing files, VDOT, Building and Development reference Code issues for winery structures, and the Health Department for sewage and water supply issues. Refer to these photos and imagine this as your nearest neighbor, operating legally, every weekend. every week, all day long, Is that a good thing for any of us or for Fauquier County to be proud of? Sincerely, Patricia D. Thomas McCulla, Paul Thomas, Philip From: Sent: Tuesday, July 10, 2012 4:02 PM To: Schwartz, Peter; Peter 8. Schwartz Subject: {(AreMail Restored] Philip S. Thomas - Greater Setbacks needed inFarm Winery Ordinance Attachments: PST LETTER GREATER SETBACKS pdf; PLAT Lpdf; PLAT 2.pdf; AERIAL pdf, EXHIBIT A.paf EXHIBIT B.pdf Mr. Peter B. Schwartz Supervisor, Marshall District Fauquier County Via email and First Class Mail Dear Peter, Please see the attached. Sincerely, Phillip S. Thomas Sherwood, Ronda Patricia Thomas Fro: Sen: Thursday, June 07, 2012 3:34 PM To: Sherwood, Ronda Subject: malawer Andrew Hushour the assistant zoning administrator Fauquier is going after Malwer for operating a farm store without a permit. | remember you and Al went in there and took some pictures and bought something. Do you still have the little bag and soap.? | think you were putting it in Mr. T's office for this rainy day. ‘Also do you have the photos and the date? { will make copies, and send them to Andrew for supplemental evidence for his file and the case. thank you. Patricia D. Thomas, PLC Attorney at Law P.O. Box 300 201 Chestnut Street Middleburg, VA 20118 Phone: (540) 687-6400 Fax: (540) 687-8042 To: vatu.omas u etole gon Subject: Martha Michael! Boneta (Piedmont Agriculture Academy } Zont Rachel Attached is copy of the Piedmont Agriculture Academy appeal, which is scheduiec to be considered at the July 5, 2012 BZA meeting. The sta‘f report will be available or Monday, July 2™ and | will make a note to send you a copy. Fran From: Patricia Thomas [maitto:pathomas@erols.com] Sent: Tuesday, June 19, 2012 1:51 PM To: Williams, Frances Subject: Re: FW: Martha Michae! Bonete Zoning Appea! Hey Fran, The only thing Mrs. Thomas picked up was a 1-page Notice of Violation. Would you please send her the materials filed by the defendant? Her appeal. And. if there is a staff report. that too, please Thank you Rachel Patricia D. Thomas, PLC Attomey at Law P.O. Box 300 201 Chestnut Street Middleburg. VA 20118 Phone: (540) 687-6400 Fax: (540) 687-8042 Email pathomas@erois.com -Original Message From: Williams, Frances Date: 6/19/2012 12:26:04 PM To: pathomas@erols.com Subject: FW: Martha Michael Boneta Zoning Appeal pustate a HoHAd PERSONAL chirp, July 10, 2012 Mr. Peter B. Schwartz Supervisor, Marshall District, Fauquier County P.O. Box 159 Delaplane, Virginia 20144 Re: Greater setbacks needed in Farm Winery Ordinance Dear Peter: I feel it is absolutely imperative to increase the required setbacks from any property line for the conduct of farm winery uses or the placement of farm winery structures, meaning any building or area where the public will gather, including parking lots. The proposed ordinance states 100-feet which, in the scheme of things, is a very short distance when confronted with issues such as dust, noise, car alarms, slamming car doors, loud voices, shouts, car radios, back and forth traffic, lighting, including headlights, and exhaust fiom idling limos and buses. A minimum of 300-feet should be # required as a setback for farm winery uses and activities from any property line and hopefully more where there is an existing residence on adjoining property unless that existing residence owner specifically waives in writing a lesser setback, Fauquier County is full of historical older buildings and typically these buildings were built near the roads during the horse and buggy days. With the advent of cars, the disturbances coming from the public road increased. The typical example is my Liberty Hall at Paris, which dates to 1790 and the barn across the street is already less than 100- feet fiom the property line. The same phenomenon occurs, for example, for Piedmont Vineyards which has an eighteenth-century house and barn near the front of the property. This exists in real estate footprints all over Fauquier—improvements are typically not constructed smack-dab in the middle of large acreage where their existence would be more insulated, but rather improvements are pulled up near the public road. This proximity becomes a problem when one neighbor starts a farm winery use because that activity de facto is a more intensive use and is disruptive to residential use, A strong and meaningful setback is an important component of the ordinance because it will also mitigate issues such as lighting and noise which are issues which a stronger setback would ameliorate. L enclose a sketch of the Malawer-Boneta property to compare with my Liberty Hall directly across from her barn. Unfortunately, my PEC conservation easement does not mention setbacks and the County imposed setbacks are woefully inadequate to deal with adjoining landowners’ protection from farm winery disturbances. Namely, it does not protect the neighbors’ investment and well being of a late 18" Century stone residence such as mine. We need to protect these properties so that caring owners can have quiet enjoyment of their historical homes. I am confident that you understand and realize what a travesty it would be to set a precedent that allows a carnival-like and tacky atmosphere immediately adjacent to such a treasured property. Please beef up the setback to at least 300-feet where there is a residential use that pre-dates a farm winery use. Should you have any questions regarding the exhibits enclosed, | am available at a moments notice. Office: (540) 687-6500, Residence: (540) 687-6300, Patti’s voicemail: (540) 687-6400. Yours sineerply, Klee. 4 Phillip $. Fhomas \ aynoy SN ou yee Guyadid 8°9 Dyawnied at Park drawing preporec funn Land Survey Berryilie, Virgi Malawer Property sco0001 326 Behibit What Malawers property looked like. Several months ag0- NOTICE FORBIDDING TRESPASS TO: Jol, Hedhr and Lucy VA Men O22 Fibenl St Fs, VA Qol3e YOU ARE HEREBY NOTIFIED THAT YOU ARE FORBIDDEN TO ‘TRESPASS OR ENTER UPON MY LANDS, DWELLINGS, OR CURTILAGE THEREOF, LOCATED AT: Lethe. (Onicha a bape Pla anes bn fidliel Sprit fans, Ws Dor0 FAILURE TO COMPLY WITH THIS NOTICE MAY RESULT IN YOUR ARREST AND PROSECUTION FOR TRESPASSING A CLASS ONE MISDEMEANOR PERSUANT TO 18.2-119 OF THE 1950 CODE OF VIRGINIA AS AMENDED. 7. el ‘Taney Gtoniy Thay ovnsn ownen's AGENT Lrexas MANAGER OF ADOVE BUSINESS Served in person by: DR.TK Seahek pares 4 rime: C7C> NOTE: IN ORDER TO OBTAIN SERVICE THIS NOTICE SHOULD BE COMPLETED IN SUFFICIENT COPIES SO TUAT EACH PERSON BEING NOTIFIED RECIBVES ONE, PLUS \ COPY TO BE RETAINED BY THE PROPERTY OWNER, 1S AGENT, THE TENANT OR MANAGER OF THE BUSIVESS, (TIS RECOMMENDED THAT THE, COPLES AE MAILED CERTIFIED MAIL, WITH RETURN RECEIFT REQUESTED. BE SURETO RETAIN YOUR RETURNED RECEIPT SO THAT SERVICE CAN BE ESTABLISIED. Cu sHeritt he Solo | Lilet Fawr Rabb,Russell Rabb Russell Thursday, April 1 2013 803 PM Fisher, James Chartier, Mary Subject: Re: Message tus please put the information in my in-box: ‘Also, please cali Mr. Thomas and set up a” appointment with him for Monday afternoon or Tuesday. Thanks Sent from my IPhone oon Apr 21,2013, t 5:09 PM, "Fisher, ames” lames jner@faugulercounty.gov> wrote: Please refer this to Russ to Jook into. James P. Fisher, Esq. Commonwealth's Attorney Fauquier County, Virginia 540-422-8120 From: Chartier, Mary Sent: Thursday, April 11, 2023 3:02 PM To! Fisher, James Subject: Message Mr. Fisher, sad a gentleman come by by the name of Philip Tom ‘of Thomas & Talbot Real Estate. He wants area an appt to speak with @ CA concerning Blog Yat ‘Martha Boneta has going that is very teeing to im, {have his Business card at my desk Mu Chartier Fauquier County Office of the Commonwealth's Attorney 29 Ashby Street Warrenton, Virginia 20186 Telephone: 540-422-8120 Facsimile: 540-422-8121 Rabb,Russell Frot Fisher, James Sent: ‘Thursday, April 11, 2013 5:09 PM To: Chartier, Mary Ce: Rabb Russell subject: RE: Message Please refer this to Russ to look into. James P. Fisher, Esq. ‘Commonwealth's Attorney Fauquier County, Virginia 540-422-8120 From: Chartier, Mary Sent: Thursday, April 11, 2013 3:02 PM To: Fisher, James Subject: Message Mr. Fisher, tad a gentleman come by by the name of Phillip S. Thomas of Thomas & Talbot Real Estate. He wants to set up an appt ta speak with a CA concerning blog that Martha Boneta has going that is very concerning to him. | have his business card at my desk. Mu Chartier Fauquier County Office of the Commonwealth's Attorney 29 Ashby Street Warrenton, Virginia 20186 Telephone: 540-422-8120 Facsimile: $40-422-8121 Rabb,Russell From: Rabb Russel Sent: Thursday, April 11, 2013 8:03 PM To: Fisher, James ce Chartier, Mary Subject: Re: Message MJ please put the information in my in-box. Also, piease call Mr. Thomas and set up an appointment with him for Monday afternoon or Tuesday. Thanks Sent from my iPhone On Apr 11, 2013, at 5:09 PM, "Fisher, James" wrote: Please refer this to Russ to look into. James P. Fisher, Esq. Commonwealth's Attorney Fauquier County, Virginia 340-422-8120 From: Chartier, Mary Sent: Thursday, April 11, 2013 3:02 PM To: Fisher, James Subject: Message Mr. Fisher, had a gentleman come by by the name of Phillip S. Thomas of Thomas & Talbot Real Estate. He wants to set up an appt to speak with a CA concerning blog that Martha Boneta has going that is very concerning to him. {have his business card at my desk. MJ Chartier Fauquier County Office of the Commonwealth's Attorney 29 Ashby Street Warrenton, Virginia 20186 Telephone: 540-422-8120 Facsimile: 540-422-8121 Rabb, Russell From: Fisher, James Sent: Thursday, April 11, 2013 5:09 PM To: Chartier, Mary Ce: Rabb Russell Subject: RE: Message Please refer this to Russ to look into. James P. Fisher, Esq. Commonwealth's Attorney Fauguier County, Virginia 540-422-8120 From: Chartier, Mary Sent: Thursday, April 11, 2013 3:02 PM To: Fisher, James Subject: Message Mr, Fisher, had a gentleman come by by the name of Phillip S. Thomas of Thomas & Talbot Real Estate. He wants to set up an appt to speak with a CA concerning blog that Martha Boneta has going that is very concerning to him. | have his business card at my desk, MJ Chartier Fauquier County Office of the Commonwealth's Attorney 29 Ashby Street Warrenton, Virginia 20186 Telephone: 540-422-8120 Facsimile: 540-422-8121 It is both an exhausting and debilitating exercise to continuously be required to contact and explain on a repetitive basis, repetitive issues associated with one individual's contentious behavior and attitude toward society and a regulatory component. It is a frustrating proposition, ‘Thank you again Peter, for your extension of courtesy and patience. Sincerely, fein Ll Lilo Cer Mr. Peter B. Schwartz Post Office Box 159 Delaplane, Virginia 20144 Commonwealth Attorney Mr. James P. Fisher 29 Ashby Street Warrenton, Virginia 20186 Fauquier County va Department of Community Development Zoning, Permitting & Inspections Ms. Kimberley A. Johnson Chief of Zoning, Permitting & Inspections 29 Ashby Street, Suite 310 Warrenton, Virginia 20186 ‘The Piedmont Environmental Council Mr. Chris Miller, President Post Office Box 460 Warrenton, Virginia 20188 Jenny Marie phoned back at 2:00 today, July 3% She said she was completely ignorant as to the hearings. Jenny said that Martha said that everyone in Paris had or was going to sign the affidavits / petition except for John Miller, which Jenny later learned wasn’t true at all, Martha lied to her. Martha told her “It was a petition in support of local farming and agriculture in Fauquier County” Jenny said that soon after it just didn't sit well with her. So she went to the neighbors and learned about Martha’s jawsuits, hearings, etc. Jenny went to Martha’s house and knocked and the door and called out. No one came to the door. She then saw Martha’s husband, who was in his car. He looked and her and drove off as if he didn’t want to get involved or engage with Jenny. Jenny then went to Fauquier County and retracted her affidavit. She said that she felt that Martha had misrepresented herself. She felt lied to and mislead and Jenny didn’t support her. She asked to negate her signature. Jenny said it would be filed and at the hearing on Thursday. Jenny said she heard that the following Did Not and/or Would Not sign: «= John & Lucy Miller + John 8 Roma Sherman + Paul & Kristine Carr = Talbot & Walta Warren And they had named a few others that didn't sign or that they knew that Martha wouldn't even approach do to past issues with her. Jenny said that she felt that the above people were trying to head this off at the pass. Toby Talbot had told Malawer that her place was an eye sore. ‘The Carr’s said they had issues with the fact that Martha hadn’t properly displayed her Permits. They were posted, but were not visible. They were posted behind trees and on fencing that were not visible. This was documented and nhotasranhs were taken as evidence. 4 Jenn Jenny also said that Toby Talbot had written a letter TL calle \ Ur hearing and the Carr's had also. ba oe and Len hor cel. a’ she Cot us & Copy oF her \eler. Mrs. Talbot Warren (Walta) called back at 2:54pm July 3, 2012 he said that Martha absolutely did not approach them about the petition, nor had they actually seen it. She said it was a scam. She said she heard about it last night from the Carr’s. She said that based on Jenny’s letter, if she were on the Board of Supervisors she would negate the entire petition, if in fact, Martha goes through with it. The Carr's said that Martha was seen on Republican Street with a Basket of fruits and vegetables. The Carr’s were trying to warn others on Republican Street about the scam. She said both she and (Talbot) Toby are unable to attend the hearing but both have sent written letters to the Board. She said there are two appeal meetings: 625 Federal Street and the other about the Barn. She wrote about the Citation at 625 Federal Street - running a Boarding House. She said that she saw college kids that were completely distraught in front of The Asbhy Inn with what was assumed their belongings in garbage bags. Malawer got wind of the violation and the children had to quickly get out of her house Toby wrote a letter about the Barn. Sho said Wood ge Shoot Clouf pidgeons avo mss— he bia Ho © John Miller Post Office Box 623 FZ Upperville, Virginia 20185 Faity ual vouvEn Mr. Kevin Burke Fauquier County Attorney 10 Hotel Street, Suite 204 Warrenton, Virginia 20186 pr (Such4aa~ZOlo 5.2412 “Aller ater! ne 70 on copy of the. letter immediately Patricia D. THOMAS, P.L.C. AtTorNey AT Law ua Sauth Madson Stet Post Office Box 300 Middleburg, Virginia 2 i a Midaleburg, Virginia 20118 Fax (540) 687-8042 March 23.2012 (540) 687-6400 Mr, Peter B. Schwartz, P.O. Box 159 Delaplane. Virginia 20144 Re: Martha Malawer/PIN 6034-98-233 | Dear Peter: Shortly before Martha Malawer settled the case against her brought by Piedmont Environmental Council (September 2, 2011), she filed the enclosed in the land records on May 17, 2011. This is another of her businesses utilizing the barn. There is a significant amount of activity with the public coming and going, sometimes by the vanload, at her property. She states on this Certificate that she is conducting the business of “farmstore” in addition to the other things she lists. Is she permitted to have a farmstore without permits? And if so, is there a requirement that the items sold be produced on the property, because to my knowledge, nothing is actually being grown there. There are two layers of “regulations” that govern her property, the first set imposed by the Deed of Conservation Easement/PEC/VOF, and the second by County zoning. She claims to have a S0LC3 organization operating there, “Liberty Hall Livestock Rescue, Ine.”, taking in about $63,000 a year in donations! as well as whatever she does with “Piedmont Agriculture Academy, LLC”, and now “Paris Barns”, which is an entity that pops up an internet search as an agritourism destination. Will you please look into this at the County level regarding what is permitted as a commercial endeavor on that parcel, what permits are necessary, what building code requirements are called for, what is ac sally being conducted there versus what is permitted, and whether the definition of farmstore allows tours and sale of produced on the property. Thank you Yours sincerely, Patricia D. Thomas PDTireu Encls. Ce: John Miller Sherwood, Ronda From: Patricia Thomas Sent: ‘Tuesday, March 20, 2012 10:17 AM John Richardson Ce: Thomas, Phillip Attachments: Scan re deed and easement for J. Richardson. pdf Dear John, {was concerned about your remark the other day that Georgia Herbert said she did not have anything to do with the Malawer mess as far as the conservation easement that is so messed up. Quite the contrary. She negotiated the whole thing on behalf of PEC. Please see the 2006 memo and the authorship of both the deed of conveyance and the deed of gift of easement. Plus, as I recall, the PEC Form 990 for those years shows about $150,000 - $200,000 paid to her office for her involvement as a lawyer for PEC. She coined the phrase "porkchop" to describe the parcel. Just sayin’. Patti T. Patricia D. Thomas, PLC ‘Attomey at Law P.O, Box 300 201 Chestnut Street Middleburg, VA. 20118 Phone: (540) 687-6400 Fax: (540) 687-8042 Email: pathomas@erols.com RCC Animations for your email__by Ineredi Peter B. Schwartz Wednesday, May 30, 2012 3:54 PM Thomas, Phillip ‘Chris Miller’ Subject: Boneta Phil, Thanks for copying me on your note to Chris. Our zoning office will be prepared top address this appeal on the 7th and to argue that the citation be upheld by the BZA. John Miler indicated to me that a number of neighbors may attend. | think that is a good thing. Hopefully,the BZA will see that Ms. Boneta’s behavior has affected a lot of folks in the Paris community Peter Sherwood, Rond: From: pthomas@thomasandtalbot.com Sent Wednesday, May 30, 2012 4:10 PM To: John Richardson (jrichardson@johnirichardson.com); pathomas@erols.com Subject: FW: Boneta Fyi From: Peter 8. Schwartz (mailtopbs100@earthlink.net Sent: Wednesday, May 30, 2012 3:54 PM To: Thomas, Philip Phil, ‘Thanks for copying me on your note to Chris. Our zoning office will be prepared top address this appeal on the Tir and fo sear tnt the cation be upheld by the BZA. John Miler indicated to me that a number of neighbors may atend. | think Hat's a good thing, Hopefully,the BZA wil see that Ms. Boneta's behavior has affected a lot of folks in the Paris ‘community Peter John M, Miller Post Office Box 623 Upperville, Virginia 20185 May 25, 2012 Mr. Peter B. Schwartz Marshall District, Supervisor c/o Fauquier County Board of Supervisors Warren Green Building 10 Hotel Street, Suite 208 Warrenton, Virginia 20186 Dear Mr. Schwartz, ‘Thank you for your conversational and continued efforts addressing developing issues affecting the quality of residency in Fauquier County. As we discussed on Wednesday, May 23, 2012, circumstances directly associated with the Boneta’s involving intensity of lighting, noise, nuisance levels with barking dogs, disruptive and devaluation of property are of primary concern. As you noted, we did complain about the introduction of students being housed in the Boneta’s residence and farm facilities which resulted in enforcement action by the Zoning Board which has influenced diminished activity by Mrs. Boneta for the present time. We take note that an appeal has been filed and as you indicated, there is a possibility that the results of the appeal may be in her favor which is a circumstance of events that you have no control over. Of absolute concern, is the possibility of some form of retaliation orchestrated by the Boneta’s to intimidate, harass or to demonstrate that she has the ability to circumvent the authorities with perceived immunity. Her perception appears to be that the Fauquier County obstacles are essentially a minor irritant. Since Mrs. Boneta’s arrival in Paris, Fauquier County, there appears to be a continuous mark of aggressive, confrontational and disruptive behavior, which directly affects the community's standard and quality of life. It is our belief that the ordinances require serious attention and adjustment to effectively control those who ignore the basic courtesies of social intercourse. Those responsible for enforcing the zoning ordinances are hampered by what appears to be weak and outdated applications in today’s environment, as is evidenced by Mrs. Boneta’s behavior. It is both an exhausting and debilitating exercise to continuously be required to contact and explain on a repetitive basis, repetitive issues associated with one individual's contentious behavior and attitude toward society and a regulatory component. It is a frustrating proposition. ‘Thank you again Peter, for your extension of courtesy and patience (ana Mr. Peter B. Schwartz Post Office Box 159 Delaplane, Virginia 20144 Commonwealth Attorney Mr. James P. Fisher 29 Ashby Street Warrenton, Virginia 20186 Fauquier County Department of Community Development Zoning, Permitting & Inspections Ms. Kimberley A. Johnson Chief of Zoning, Permitting & Inspections 29 Ashby Street, Suite 310 Warrenton, Virginia 20186 ‘The Piedmont Environmental Council Mr. Chris Miller, President Post Office Box 460 Warrenton, Virginia 20188 Sherwood, Ronda From: Patricia Thomas Sent: Friday, May 25, 2012 12:46 PM To Sherwood, Ronda Subject: john miller Hi Ronda, | think Mr. T brought a letter to you to redo for John Miller. The cc goes to Commonwealth Attorney, Fauquier County, James P. Fisher, 29 Ashby Street, Warrenton, VA 20186. Thank you. Patti Patricia D. Thomas, PLC Attorney at Law P.O. Box 300 201 Chestnut Street Middleburg, VA 20118 Phone: (540) 687-6400 Fax: (540) 687-8042 Email: pathomas@erols.com 4 _SA- Yee-&lZ0 )\aaert Fake - Dear Peter. ‘Thank you for your conversational and continued efforts addressing developing issues affecting the quality of residency in Fauquier County. 'As we discussed on Wednesday ~ 5/23/12, circumstances directly associated with the Bonetta’s involving, intensity of lighting, noise, nuisance levels with barking dogs, disruptive and devaluation of property are if primary concer. ‘As you noted, we did complain about the introduction of students being housed in the Bonetta’s residence and farm facilities which resulted in enforcement action by the zoning board which has influenced diminished activity by Mrs. Bonetta for the present time. We take note that an appeal has been filed and as you indicated, there is a possibility that the results of the appeal may be in her favor which is a circumstance of events that you have no control over. Of absolute concer, is the possibility of some form of retaliation orchestrated by the Bonett’s to intimidate, harass or to demonstrate that she has the ability to circumvent the authorities with perceived immunity. Her perception appears to be that the Fauquier County obstacles are essentially a minor irritant. Since Mrs. Bonetta’s arrival in Paris, Fauquier County, there appears to be a continuous mark of aggressive, confrontinial and disruptive behavior, which directly affects the ‘community's standard and quality of life It is our belief that the ordinances require serious attention and adjustment to effectively control those who ignore the basic courtesies of social intercourse. ‘Those responsible for enforcing the zoning ordinances are hampered by what appears to be weak and outdated applications in today's environment, as is evidenced by Mrs. Bonejta’s behavior. It is both an exhausting and debilitating exercise to continuously be required to contact and explain on a repetitive basis, repetitive issues associated with one individual's Contentious behavior and attitude toward society and a regulatory component. It’s a frustrating proposition. ‘Thank you again Peter, for your extension of courtesy and patience. Sherwood, Ronda pthomas@thomasandtalbot.com Friday, May 25, 2012 4:30 PM cmiller@pecva.org ‘peter.schwarta@fauquiercounty.gov Malawer Boneta BZA Importance: High Dear Chris, ‘As you know, Martha Michael Malawer Boneta's appeal to the BZA is being heard June 7 at 2 p.m. in the Warren Green Building. This is an opportunity for PEC and others to attend and listen carefully to the presentation and especially her evidence because the same can be instrumental for the enforcement of PEC's covenants. I will ask Peter Schwartz (by copy of this email) to please contact the Commonwealth Attomey and the zoning administrators to verify they have the proper witnesses lined up, such as the deputies who interviewed the "students" (Martha refers to them as " guests") and photographs, and testimony from other Paris residents who noted the activity. ‘There should also be information from the Liberty Hall Livestock Rescue website, and Paris Barns website evidencing her "agritourism" efforts. That is a commercial activity. Ifthe students mentioned the organization that sponsored or sent them, then that was arranged for valuable consideration or for the exchange of something valuable, so that should be explored. (i.¢. school credit for work, or work as a donation) They were not there as free guests, They arrived in airport vans, and were part of an organized effort. ‘They were expected to do certain chores, and one neighbor overhead the kids’ dissatisfaction verbalized. Surely the deputies have a recotd of their interviews. If their labor was considered a donation, then that is valuable consideration unto Malawer's charity, the 501c3 organization, named Liberty Hall Livestock Rescue which is operating at the bam premises. If one reads her BZA appeal by her attorney, Michelle Rosati, one can see that she is ready to spin it, same as during the PEC suit to enforce the covenants. Itis also apparent that she has closed up her operations at the Barn in advance of the upcoming hearing in the same fashion as during the prior judicial hearing. The property continues to look unkept, and the bam facade bears no relation to an 18th century structure anymore. The fencing is built from scrap and the lighting and signs are not within the law, nor the private covenants. Please urge a PEC rep to attend the BZA hearing. Sincerely, Phillip S. Thomas Ce: Peter Schwartz Sherwood, Ronda pthomas@thomasandtalbot.com Friday, May 25, 2012 4:30 PM. cmiller@pecva.org ‘peter.schwart@fauquiercounty.gov' Malawer Boneta BZA High Dear Chris, ‘As you know, Martha Michael Malawer Boneta's appeal to the BZA js being heard June 7 at2 p.m. inthe Warren Green Building. ‘This is an opportunity for PEC and others to attend and listen carefull tothe presentation and especially her evidence because the same can be instrumental for the enforcement of PEC’s covenants. [will ask Peter Schwartz (by copy of this email to please contact the Commonwealth Attorney and the 7oning ae dekatone to verify they have the proper witnesses lined up, such as the deputies who interviewed the mfudents” (Martha refers to them as " guests’) and photographs, and testimony from other Paris residents who sa the activity. There should also be information from the Liberty Hall Livestock Rescue website, and Paris, aoe ee nite evidencing her "agritourism’ efforts. That is @ commercial activity. “Ifthe students mentioned the organization that sponsored or sent them, then that was arranged for valuable consideration ot for the exchange of something valuable, so that should be explored. (ic. school eredit for work, or work as a Gonation) They were not there as free guests. They artived in aiport vans, and were part of an organized effort. ‘They were expected to do certain chores, and one neighbor overhead the kids’ dissatisfaction verbalized. Surely the deputies have a record of their interviews. If their labor was considered a donation, then hat is valuable a oer on unto Malavwer's charity, the 501c3 organization, named Liberty Hall Livestock Rescue which is operating at the barn premises. Ione reads her BZA appeal by her attorney, Michelle Rosati, one can see that she is ready to spin it, same as during the PEC suit to enforce the covenants. It is also apparent that she has closed up Her operations at the Paar mcvance of the upcoming heating in the same fashion as during the prior judicial hearing. |The property aa acs to look unkept, and the bar facade bears no relation to an 18th century structure anymore, The fencing is built from serap and the lighting and signs are not within the law, nor the private covenants Please urge a PEC rep to attend the BZA hearing, Sincerely, Phillip S. Thomas Co: Peter Schwartz Dear Chris {As you know, MMMB's appeal to the BZA is being heard June 7 at 2 p.m. in the Warren Green Building This is an opportunity for PEC and others to attend and listen carefully to the presentation and especially her evidence because the same can be instrumental for the enforcement of PEC’s covenants. I will ask Peter Schwartz (by copy of this letter) to please contact the Commonwealth Attorney and the zoning administrators to verify they have the proper witnesses lined up, such as the deputies who interviewed the "students" (Martha refers to them as" guests") and photographs, and testimony from other Paris residents who noted the activity. There should also be information from the Liberty Hall Livestock Rescue website, and Paris Barns website evidencing her "agritourism” efforts. That is a commercial activity. If the students mentioned the organization that sponsored or sent them, then that ‘was arranged for valuable consideration or for the exchange of something valuable, so that should be explored. (i.e. school credit for work, or work as a donation) ‘They were not there as free guests. They arrived in airport vans, and were part of an organized effort. They were expected to do certain chores, and one neighbor overhead the kids’ dissatisfaction verbalized. Surely the deputies have a record of theit interviews. If their labor was considered a donation, then that is valuable consideration unto Malawer's charity, the 501c3 organization, named Liberty Hall Livestock Rescue which is operating at the barn premises. If one reads her BZA appeal by her attorney, Michelle Rosati, one can see that she is ready to spin it, same as during the PEC suit to enforce the covenants. It is also apparent that she has closed up her operations at the Bam in advance of the upcoming hearing in the same fashion as during the prior judicial hearing. The property continues to look unkept, and the barn facade bears no relation to an 18th century structure anymore. The fencing is built from scrap and the lighting and signs are not within the law, nor the private covenants. Please urge a PEC rep to attend the BZA hearing. ce Peter Schwartz Sherwood, Ronda. ‘Thursday, June 07, 2012 3:54 PM ‘Patricia Thomas’ Subject: RE: malawer up with your mail tomor will s g and merchandis From: Patricia Thomas [mailto:pathomas@erols,com] Sent: Thursday, June 07, 2012 3:34 PM To: Sherwood, Ronda Subject: malawer ‘Andrew Hushour the assistant zoning administrator Fauquier is going after Malwer for operating a farm store without a permit. | remember you and Al went in there and took some pictures and bought something. Do you still have the little bag and soap.? | think you were putting it in Mr. T's office for this rainy day. ‘Also do you have the photos and the date? | will make copies, and send them to Andrew for supplemental evidence for his file and the case. thank you. Patricia D. Thomas, PLC Attorney at Law P.O. Box 300 201 Chestnut Street Middleburg, VA 20118 : (540) 687-6400 Fax: (540) 687-8042 |: pathomas@er rols.com Betty Slack returned PST’s call at 3:00pm July 3, 2012 PST phoned her back at 3:40pm July 3, 2012 Betty said no one contacted her and she had no knowledge of a petition. She did say that she heard that the Ashby Inn was putting a cell system in the old church steeple in Paris or applying for it. Jenny Marie — 634 Federal St Cell (540) 272-1805 LM on VM at 12:16Pm 7/3/12 Toby & Walta Warren 592-3609 LM on VM at 12:30pm 7/3/12 Betty Slack (DJ’s Grandmother) 592-3827 LM on VM at 12:25pm 7/3/12 — Nc comtact-No Encwledge, Neal Wavra- The Ashby Inn | 592-3900 7 Chueh steele cetl Spoke with Andrew. Neal is out of town and won’t be back until Friday, but Andrew would send him an email to call us. Heather Allan — 687 Federal St 592-7475, She said she wasn’t approached and she didn’t know anything about it. Michael Carr 592-9530 LM on VM 12:35pm 7/3/12 Mr. Thomas said it appears that Martha Malawer is trying to get a farm operation to sell to the public started to establish the Agricultural farm use and then later slip in a Winery application. Sherwood, Rond: From: Patricia Thomas Sen Wednesday, May 23, 2012 10:28 AM To: ‘Thomas, Phillip Subject: Malawer, Paris barn Attachments: Zoning Appeal, Martha Boneta.pdf jomas Dato: 5/22/2012 11:14:11 AM To: cmiller@pecva ora Subject: Malawer, Paris barn Dear Chris, ‘Attached please find a copy of the Board of Zoning Appeals matter regarding Martha Malawer’s occupancy violations for her house in Paris (although the incident also involved her use of the barn). We are monitoring this case brought by Andrew Hushhour at Zoning because it my belief that facts will come ‘out during the testimony or the BZA appeal which may be helpful to the PEC to back PEC’s ongoing concen ‘about her use of the Paris bam. There was quite a bit of investigation done by the Sheriff's department and ‘Andrew Hushhour prior to bringing this complaint and I understand there is one other pending which will very shortly reach the 30-day mark for Malawer's reply, I will either attend the June 7th BZA hearing or have a record made of the testimony. Call me later on this if you wish, and I would appreciate your passing this along to Diana Norris, Thank you. Patricia Thomas Patricia D. Thomas, PLC Attomey at Law P.O. Box 300 201 Chestnut Street Middleburg, VA. 20118 Phone: (540) 687-6400 Fax: (540) 687-8042 Email: pa!

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