MARYLAND AGRICULTURAL LAND PRESERVATION
FOUNDATION
MINUTES
TRUSTEES
PRESENT:
Lloyd C. Jones, Jr., Acting Chairman
Allen H. Cohey
Mildred H. Darcey
Lewis Logan, representing Treasurer Dixon
Judith C. Lynch
Dan Rosen, representing the Secretary of the
Maryland Department of Planning
Maurice L. Wiles
Douglas H. Wilson, representing Secretary Maryland
Department of Agriculture
TRUSTEES
ABSENT:
Joseph K. Scott
Gerald Thorpe, representing Comptroller Schaefer
Robert E. Wolf
OTHERS
PRESENT:
Darlene M. Athey,
Secretary
Wendell R. Bietzel,
Garrett County Commissioner
Christel Brenneman,
Intern,
Debra Carpenter, Garrett County Planning
Carol S. Council, Administrative Specialist
Jo Donaldson, reporter for the Cumberland
Times-News
Ernest Gregg, Garrett County Commissioner
Brooks Hamilton, President, Garrett County Farm
Bureau
Frederick Holliday, Chairman, Garrett County
Commissioners
Joy Levy, Queen Anne’s County Program Administrator
Monty Pagenhart, Garrett
County Administrator
Paul W. Scheidt,
Executive Director
Tammy Scheidt, Caroline
County Program Administrator
Lloyd C. Jones, Jr., Acting Chairman, called the
meeting to order at 12:00 p.m. at the Garrett County Courthouse, 203 S. Fourth
St., Oakland, Maryland.
I. APPROVAL OF
MINUTES/ADDITION OR DELETION OF AGENDA ITEMS:
A. APPROVAL OF MINUTES,
Motion #1: To approve the minutes of June 28,
2001.
Motion: Mildred Darcey Second: Allen Cohey
Status: Approved
B. ADDITION OR DELETION OF AGENDA ITEMS:
Paul Scheidt, Executive
Director, opened the meeting by introducing the members of the Board to the
Garrett County Commissioners.
Mr. Scheidt stated that
State Delegate George Edwards, a resident of Garrett County, is the Co-Chairman
of the Joint Sub-committee on Program Open Space and Agricultural Land
Preservation. He would have liked to
have attended the meeting today; however, he was called to Annapolis. He is the sponsor of the Gas and Oil Rights
bill which was modified to allow mining of gas on district properties.
Fred Holliday, Chairman, Garrett County
Commissioners, welcomed the Board and stated that the county is very interested
in agricultural land preservation.
Ernest Gregg, Garrett County Commissioner, stated
that the farmers in the county work under different soil and weather conditions
than most in the state of Maryland.
Considering this, they are hoping that through legislation, the farmers
will be allowed to conduct the mining of gas on easement properties.
Debra Carpenter, Garrett County Planning and
Zoning, gave an outline of the day’s activities and distributed itineraries and
maps to the Board members.
II. AGRICULTURAL PRESERVATION DISTRICT PETITIONS
No Items.
III. DISTRICT/EASEMENT AMENDMENTS
A.
1. 07-04-88-05e MACKIE,
Joseph & Beverly 223.0000
acres
Request for approval to exclude a 1.0 acre child’s
lot from easement property for daughter, Heather H. Lukk,
to construct a dwelling for her personal use.
Mr. & Mrs. Mackie are the original owners of
the 223.0 acre easement property. Their
current request is for the exclusion of a 1.0 acre child’s lot for their
daughter, Heather H. Lukk, to construct a dwelling
for her personal use.
According to Cecil County, the proposed 1.0 acre
lot will have fee simple access onto Rock Church Road, will be located in an
area currently used for pasture, and will cause minimal impact to the overall
farm operation. The landowners state that
a perc test has not yet been performed at this
location.
There are two pre-existing dwellings on the
property. This proposed lot adjoining a
1.0 acre child’s lot which has been approved for the landowners’ son,
Sean. Sean’s lot is in the process of
being released from the easement. Mr.
& Mrs. Mackie do not own any other district or easement property.
If this request is approved, the required payback
for the 1.0 acre of easement property will be $2,564.00.
Foundation staff recommended approval based on the
landowner’s rights contained in the deed of easement’s covenants, conditions,
limitations, and restrictions, Section A(1)(b) A. The Grantee, on written application from the
Grantor, shall release free of easement restrictions only for the Grantor who
originally sold this easement, 1.0 acre or less for the purpose of constructing
a dwelling for the use only of that Grantor or the Grantor’s child.
Motion #2: To approve the request of Joseph &
Beverly Mackie to exclude a 1.0 acre child’s lot from easement property for
daughter, Heather H. Lukk, to construct a dwelling
for her personal use.
Motion: Maurice Wiles Second: Lewis Logan
Status: Approved
2. 07-09-86-02e MILLER,
Jr., Francis G., et al 110.0330
acres
Request for approval of a 50.0 acre agricultural subdivision
of easement property.
The 110.033 acre easement property is owned jointly
by Francis & Arlene Miller and John & Barbara Miller. Their current request is for a 50.0 acre
agricultural subdivision to be conveyed to a third party at a later date.
According to Cecil County, the Millers plan to
continue to use the remaining 60.0 acres as part of a large dairy operation
which they operate on this easement and an adjoining 193.0 acre easement
property. There is no known buyer of the
proposed 50.0 acre parcel at this time.
Also according to Cecil County, the proposed 50.0
acre agricultural subdivision contains 85% U.S.D.A. Soils Classes II and III
with 32.0 acres of cropland, 6.0 acres of woodland, and 9.0 acres of
pasture. The 60.0 acres to be retained
by the Millers contains 95% U.S.D.A. Soils Classes II and III and U.S.D.A.
Woodland Group I soils, with 38.0 acres of cropland and 12.0 acres of woodland.
The Cecil County Department of Assessments and
Taxation states that while both parcels are of adequate size to qualify for
agricultural use assessment, the new owner of the 50.0 acre parcel will have to
apply separately and actively farm the parcel for a minimum of 5 years.
There are no pre-existing dwellings on this
property. A 1.0 acre child’s lot for
John & Barbara’s son, John was approved on April 25, 2000. A 1.0 acre owner’s lot for John &
Barbara’s use was approved on June 28, 2001.
Neither lot has been released from the easement. On the adjoining 193.0 acre easement
property, a 1.0 acre child’s lot has been approved and released for Francis
& Arlene’s daughter, Diane Miller Russell.
There have been no previous requests for agricultural subdivisions on
either easement property.
Foundation staff recommended approval as the
proposed agricultural subdivision meets the criteria set forth in the
Foundation’s Policy on Agricultural Subdivisions.
Mildred Darcey, Board
member, asked about the development rights on the remaining property.
Mr. Scheidt stated that
the only request that could be made would be for a tenant house. There are no pre-existing dwellings on the
remaining parcel and a request for a child’s lot has been made.
Doug Wilson, representing Secretary Maryland
Department of Agriculture, stated that the subsequent landowner would not be
entitled to building lots.
Dan Rosen, representing the Secretary of the
Maryland Department of Planning, asked if the Foundation knew what farming
activity would be performed on this agricultural subdivision. He suggested that action on this parcel be
tabled until the Foundation was able to ascertain the new landowner’s intended
use.
Mr. Scheidt stated that
the current landowner is requesting the agricultural subdivision for farm,
estate planning, and health reasons. He
further stated that this request has met all of the criteria for agricultural
subdivision.
Mr. Wilson stated that with the passing of the new
laws, this parcel could come in as a separate district and apply for an
easement. Based on the fact that it is in
a very desirable area and contingent to an existing easement, this property
would rank very highly on the prioritization list.
Carol Council, Foundation staff, stated that the
potential buyer of the agricultural subdivision may in the future wish to purchase
an additional 20.0 acres. Mr. Miller
would then incorporate the 30.0 residual acres into the190.0 acre easement
which would make a 210.0 acre easement.
The landowner is not asking for the Board to approve this request today,
rather he is requesting the Board’s opinion on this proposal.
Mr. Scheidt stated that
the size of the agricultural subdivision has changed from 20.0 acres to 50.0
acres by law. Some landowners are of the
impression that because they put their property in while the old law was in
place, that the new policy does not pertain to them. It is the Foundation’s longstanding policy
that landowners can request an agricultural subdivision but they must adhere to
policies, laws, and regulations of both the State and County that govern these
requests at the time the request is made.
The current regulations require 50.0 acres of a minimum size with a
remaining balance of 50.0 acres. If the
remainder is less than 50, then the subdivision cannot be approved. In this case there are 110.0 acres which
leaves a remainder of 60.0 acres.
Mr. Wilson stated that all the Board would be doing
is approving the 50.0 acre subdivision, the remaining 50.0 acres would be
joined with the other easement property owned by the Millers.
Mr. Wilson further stated that since this is a 50.0
acre agricultural subdivision with no residual property, the new landowner
could not subdivide the parcel further.
This is beneficial to the program.
Tammy Scheidt, Caroline
County Program Administrator asked if the new policy indicated that the minimum
size is 50.0 acres, would this be an “add-on” parcel.
Mr. Wilson stated that this may technically be an
agricultural subdivision, but from the Foundation’s perspective the parcel no
longer is since it has been transferred to another owner. It would be beneficial to allow the addition
of the 20.0 acres because it could not be subdivided.
Ms. Scheidt stated that
she did not agree with this acreage being cut out of the center of the farm,
leaving the residue for a farming operation, knowing that the 50.0 acre
subdivision is going to be sold as a separate farming operation.
Mr. Wilson stated that the owner’s lot is in the
corner of the property.
L. C. Jones, Acting Chairman, stated that there is
a creek running through the property creating a natural boundary.
Ms. Darcey asked if there
could be another agricultural subdivision on the remaining Miller property.
Mr. Scheidt stated that
it could be possible on the adjoining easement.
Ms. Darcey asked if they
added on the residual property from the other parcel, would they be entitled to
two 50.0 acre subdivisions.
Mr. Scheidt stated that
they are entitled to one per full 50.0 acres.
Mr. Wilson stated that even though the Board may
make a decision today, in the future when the landowners applied for another
agricultural subdivision this Board may not be the ones that make the
determination. This would depend on when
the landowner makes his request.
Mr. Scheidt stated that
the subsequent owner will have to comply with local zoning laws and with the
regulations of the Foundation.
Motion #3: To approve the request of Francis G.
Miller, et al of a 50.0 acre agricultural subdivision of easement property.
Motion: Mildred Darcey Second: Doug Wilson
Status: Approved
B.
1. 10-11-86-02e WILT,
Sr., Marvin D. & Elsie N. 134.5000
acres
Request for approval to increase an approved
owner’s lot from 1.0 acre to 1.2719 acre.
Mr. & Mrs. Wilt are the original owners of the 134.5
acre easement property. Their current
request is to increase an approved owner’s lot from 1.0 acre to 1.2719 acre in
order to accommodate the requirements of the Frederick County Health
Department.
On March 26, 1991, the Foundation’s Board of Trustees
approved a 1.0 acre owner’s lot for Marvin & Elsie Wilt’s personal
use. This lot has not been released from
the easement.
The preliminary release was recorded on May 13,
1999. Since that time, the Wilts have
proceeded with the recordation of the lot under the Frederick County
Subdivision Regulations. However, in
order to obtain a satisfactory percolation under the County Health Department’s
requirements, there has been a minor reconfiguration of the lot, including an
enlargement from 1.0 acre to 1.2719 acre.
There are two pre-existing dwellings on the
property. A 1.0 acre child’s lot for
son, Marvin, was approved on June 28, 1989 and has been released from the
easement. A 1.0 acre child’s lot for
son, Leroy, was approved on January 24, 1989 and has not yet been released.
Foundation staff recommended approval based on
Agricultural Article, Section 2-513, Annotated Code of Maryland, which allows a
minimum lot size of up to 2.0 acres to be released, if the purpose for
excluding the lot is to construct a dwelling house intended for the owner or
the owner’s child(ren) and the regulations adopted by
the Department of the Environment requires a minimum lot size of not less than
2.0 acres or the regulations adopted by the county require the lot to be larger
than 1.0 acre but not to exceed 2.0 acres.
Motion #4: To approve the request of Marvin D.
& Elsie N. Wilt, Sr. to increase an approved owner’s lot from 1.0 acre to
1.2719 acre.
Motion: Doug Wilson Second: Allen Cohey
Status: Approved
C. QUEEN ANNE’S COUNTY
1. 17-04-86-26e SCHULZ,
Jody 99.1000
acres
Request for approval to swap 7.0 acres of easement
property for 14.0 acres of non-easement property.
Mr. Schulz is the subsequent owner of the 99.1 acre
easement property. His current request
is for a swap of 7.0 acres of easement property for 14.0 acres of non-easement
property.
According to Queen Anne’s County, if this request
is approved, the 7.0 acres to be removed from the easement will be developed
with 5 to 7 dwellings as a part of the existing Kirwan’s
Landing community. As you can see on the
attached plat, several lots of Kirwan’s Landing
already exist and approval of this request would fill in an open space which
exists along Kirwan’s Landing Lane.
According to McCrone,
Inc., the 7.0 acre parcel is tillable land which consists of 100% U.S.D.A.
Soils Class II and III soils. The 14.0
acre parcel is 100% U.S.D.A. Soils Class II and III soils consisting of 5.47
tillable acres and 8.53 acres of woodland.
The majority of the members of the Queen Anne’s
County Agricultural Land Preservation Advisory Board do not favor this
proposal. In addition, the Queen Anne’s
Planning & Zoning Office does not give their concurrence for the request as
they have several issues which are not favorable for the development of the 7.0
acre parcel. They include:
·
an unresolved issue as to whether the proposed 5 to 7 lots would have
public sewer access;
·
the 7.0 acre area is outside of the Chester growth area;
·
the majority of the 7.0 acre area is within the Critical Area;
·
in order to develop 5 to 7 lots, the parcel would have to be re-zoned as
current zoning is for agriculture, with density of 1 dwelling per 8.0 acres,
with 85% becoming deed restricted open space.
This property has no pre-existing dwellings. A 1.0 acre owner’s lot was approved and
released for the original owner’s use. A
tenant house was approved in 1990 but has not yet been constructed. In 1999 Mr. Schulz received approval to
relocate an existing utility easement which runs across the property. Also in 1999 a swap of 0.5 acre of easement
property for 1.0 acre of non-easement property was approved to allow conveyance
to adjoining county-owned land. This
conveyance was never completed and the easement boundaries were not changed.
Mr. Wilson stated that it appears that the
Agricultural Land Preservation Advisory Board for Queen Anne’s County and the
Queen Anne’s County Department of Planning and Zoning are not in favor of this
land swap.
Joy Levy, Queen Anne’s County Program Administrator,
stated that if the Board approves this there are many issues at the county
level that would need to be resolved. At
this point in the juncture, Ms. Levy reiterated that the County is not in favor
of this land swap.
Motion #5: To deny the request of Jody Schultz to
swap 7.0 acres of easement property for 14.0 acres of non-easement property.
Motion: Doug Wilson Second: Maurice Wiles
Status: Approved
D.
1. 03-08-94-02e VOSS,
Katherine (Merryman) 109.1050
acres
Request for approval to swap 4.636 acres of
easement property for 6.8 acres of non-easement property.
Ms. Voss is the original owner of the 109.105 acre
easement property. Her current request
is for approval to swap 4.636 acres of easement property for 6.8 acres of
adjoining non-easement property.
According to Baltimore County, the 4.636 acre
easement parcel contains the pre-existing right-of-way to an adjoining 16.722
acre parcel owned by Mr. J. Watson. The
remainder of the 4.636 acre parcel is wooded and separated from the rest of Ms.
Voss’ easement property by the right-of-way.
As Mr. Watson also owns a separately deeded 6.8 acre wooded parcel which
adjoins Ms. Voss’s easement, he would like to swap this 6.8 acre parcel for the
4.636 acres currently covered by the easement.
Both of the proposed parcels are completely wooded
and consist of 100% U.S.D.A. Soils Classes II and III soils.
The easement property contains 1 pre-existing
dwelling. There have been no requests
for owner’s or children’s lot exclusions.
Ms. Voss owns 1 other easement and 2 district properties, all located in
Baltimore County.
Mr. Wilson asked if there are any development
rights on the 16.0 acres.
Ms. Council stated that she had spoken to Wally Lippincott, Baltimore County Program Administrator, and he
indicated that there are no development rights on the 16.0 acres.
Mr. Scheidt stated that
one of the concerns of the Foundation is the question about whether or not the
easement is permanent. If there is a 25
year clause, in cases where farming is no longer viable after 25 years, there
is the option to repay the monies for the easement. If there are going to be land exchanges of
non-easement for easement property, this is going to further complicate the
situation.
Mr. Wilson stated that this issue is not a boundary
line issue, but a matter of access. This is not a normal access request.
Ms. Council stated that because some of the
easement property is on the other side of the access driveway the landowner is
asking for the entire area.
Allen Cohey, Board
member, asked about the value of the 4.0 acre wooded area.
Mr. Scheidt stated that
at this time the Foundation is not aware of the quality of trees in this
area. In addition, the 16.0 acres is not
in the program.
Ms. Council stated that the 6.0 acre parcel is not
owned by Mr. Watkins, Ms. Voss is the landowner.
Mr. Cohey asked if the
parties involved are involved in a real estate venture.
Mr. Scheidt stated Orebanks LLC is the name on the records.
Mr. Cohey stated that he
is of the opinion that this is land swap is part of a real estate enhancement.
Motion #6: To table the request of Katherine (Merryman) Voss for
approval to swap 4.636 acres of easement property for 6.8 acres of non-easement
property until the next Board of Trustees meeting so that the program
administrator can address the Board.
Motion: Lewis Logan Second: Mildred Darcey
Status: Approved
IV. PROGRAM POLICY/EASEMENT OFFERS
A. Update on Projects and Committees
1. Sand and Gravel
Ms. Council stated that there is nothing to report
at this time.
2. Greenprint
Mr. Scheidt stated that
in addition to the Federal funds made available to MALPF, there is
$8,750,000.00 Greenprint money available to
MALPF. The Foundation is looking into utilizing
this money as quickly as possible. There
is a deadline to encumber these funds by January, 2002. Therefore, the Foundation is looking to apply
this money to the applicants of the FY=2001 easement acquisition program. The Foundation
has supplied Department of Natural Resources (DNR) with a list of the
applicants for the FY=2001 easement offers to
determine whether or not they are in Greenprint
areas. DNR has identified and classified
these properties as excellent, good, fair or poor. MDA/DNR have agreed that if
there is only a small amount of Greenprint area in a
district, the whole district is eligible
for the money and it appears the Foundation can utilize the full $875 million
when available on properties which are good.
It is hoped that the Foundation would make Greenprint
easement offers at the September Board of Trustees meeting.
Mr. Scheidt passed out
the Memorandum of Agreement between DNR
and MDA. He further stated that DNR=s easement will be less restrictive and they are
mainly concerned with environmental issues.
A letter will be drafted to the landowners indicating that along with
the MALPF regulations, the DNR restrictions will also be placed on properties
receiving these funds.
Mr. Wilson stated that properties located in the Greenprint areas have already been identified by DNR. The landowners need to apply for an easement
in order to receive this money.
V.
INFORMATION AND DISCUSSION
No Items on the Agenda.
Motion # 7: There being no further business to
discuss, the regular session meeting should be adjourned.
Motion: Maurice Wiles Second: Lewis Logan
Status: Approved
The regular session Board meeting was adjourned at
Respectfully Submitted:
_______________________________________
Paul W. Scheidt,
Executive Director
_______________________________________
Darlene M. Athey, Foundation Secretary