MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION

MINUTES

 

June 25, 2002

 

 

TRUSTEES PRESENT:

 

Lloyd C. Jones, Jr., Acting Chairman

Allen H. Cohey

Mildred H. Darcey

Lewis Logan, representing Treasurer Kopp

Judith C. Lynch

Hagner Mister, Secretary, Maryland Department of Agriculture

Joseph K. Scott

Joseph F. Tassone, representing Secretary of Maryland Department of Planning

Gerald Thorpe, representing Comptroller Schaefer

Maurice L. Wiles

Robert E. Wolf

 

TRUSTEES ABSENT:

 

Douglas H. Wilson, Acting Executive Director

 

OTHERS PRESENT:

 

Bill Amoss, Harford County Program Administrator

Darlene M. Athey, Secretary

Kevin Clark, Queen Anne=s County Program Administrator

Michael P. Cody, Reporter, Howard County Times

Jim Conrad, Administrator

Caitlan Dennison, Prince George=s County Landowner

Donna Dennison, Prince George=s County Landowner

Dwayne Dennison, Prince George=s County Landowner

John D. Dennison, Prince George=s County Landowner

Jeff Everett, Howard County Program Administrator

Debra Fialka, representing Greg Bowen, Calvert County Program Administrator

Nancy Forrester, Department of General Services

Iva L. Frantz, Administrative Officer

Eric Hines, representing Barbara Polito, Anne Arundel County Program Administrator

Dave Kelleher, Asst. Chief, Appraisal & Valuation, Department of General Services

Carla Martin, Kent County Program Administrator

Craig Nielsen, Assistant Attorney General

Bill Powel, Carroll County Program Administrator

Charles Rice, Charles County Program Administrator

Dan Rosen, Maryland Department of Planning

Donna Sasscer, St. Mary=s County Program Administrator

Tammy Scheidt, Caroline County Program Administrator

Tom Tyson, Prince George=s County Program Administrator

Elizabeth Weaver, Administrative Officer

Susan Wilson, Frederick County landowner

John Zawitoski, Montgomery County Program Administrator

 

 

Lloyd C. Jones, Jr., Acting Chairman, called the meeting to order at 9:00 a.m. at the Maryland Department of Agriculture building, Annapolis, Maryland.

 

 

I.          APPROVAL OF MINUTES/ADDITION OR DELETION OF AGENDA ITEMS:

 

A.         APPROVAL OF MINUTES: May 28, 2002

 

Motion #1:         To approve the minutes of May 28, 2002 with correction of the date.

 

Motion:             Joseph Scott                                               Second:  Mildred Darcey

Status:              Approved

 

 

B.         APPROVAL OF EXECUTIVE SESSION MINUTES: May 28, 2002

 

Motion #2:         To approve the minutes of the Executive Session of May 28, 2002 with corrections.

 

Motion:             Allen Cohey                                                 Second:  Maurice Wiles

Status:              Approved

 

 

C.         ADDITION OR DELETION OF AGENDA ITEMS:

 

Jim Conrad, Administrator, stated that Foundation staff and Board members went to look over the situation at Sagamore Farm with Wally Lippincott, Program Administrator for Baltimore County, David Carroll, Director of the Baltimore County Department of Environmental Protection and Resource Management, and Dan Colhoun, Chair of the Baltimore County Agricultural Land Preservation Advisory Board.  They met with members of the Caves Valley Golf Club and the 2002 U.S. Senior Open event staff.  The landowners, Jim and Patsy Ward, were not present.  The reason for this visit was that the Wards leased MALPF easement land to the Golf Club for temporary parking for a golf tournament to be held the weekend prior to today=s Board meeting.  He further stated that the Board members met after the site visit and voted to ask Caves Valley for a bond to guarantee to that the property would be restored to its original condition.  The Caves Valley Golf Club put up a $100,000 bond later that week for that guarantee.

 

Maurice Wiles, Board member, asked what the vote was of the Board concerning allowing this situation to occur, with or without the bond.

 

Mr. Conrad stated that the vote of the Board members present at the meeting in Baltimore County was unanimous.  The motion on which they voted was:  (1) MALPF would request that Caves Valley Golf Club post a bond to guarantee that the property would be returned to its original condition to return as soon as possible to active agriculture; (2) MALPF staff would write a letter to the Wards stating that such use of the property in the future shall include a review by MALPF to protect their interest and MALPF=s interest in the property; and (3) MALPF staff would inform program administrators and local departments of planning and zoning that such use requests by landowners in the future include a review of whether the property is covered by a MALPF easement.  If MALPF has an interest in the property, the local program administrator should be notified to avoid such problems in the future.

 

Based on Counsel=s advice at the meeting that an injunction to stop the parking on the property was not possible because, after consulting with the State=s soil scientist on the issue of soil compaction, no permanent irreparable harm could be shown, the Board did not address by vote whether this activity was permitted on easement property.  However, Board members present expressed dissatisfaction with this activity and the lack of consultation.  Counsel indicated that, with the letter to the landowner, the landowner has been put on notice in advance that the Board shall be consulted if such an activity is contemplated in the future.

 

For the record, the members present for the site visit and the subsequent meeting were:  L. C. Jones, Jr., Acting Chairman, Robert Wolf, Mildred Darcey, Allen Cohey, and Lewis Logan.  Board members who could not attend but who had cast a Ano@ vote opposing this activity on easement property were Judy Lynch, Maurice Wiles and Joseph Scott.

 

Mr. Conrad stated that there are two additions to the Agenda.  The first is a memo from Joseph Tassone, Maryland Office of Planning, concerning the multiple owners and multiple parcels issue.  The second addition is a property from Somerset County applying for district establishment.

 

There are also three deletions.  The first is item II.G.2, the request from Joseph Riehl in Harford County for district establishment.  The second is item III.B.2-4, the request from Christine Claggett to approve the re-recording of three district agreements in Anne Arundel County.  The third deletion is item III.E.1 for Esther Gross, Washington County, for an agricultural subdivision.

 

 

II.         AGRICULTURAL PRESERVATION DISTRICT PETITIONS

 

L. C. Jones, Acting Chair, stated that because of the importance of the agenda item from Prince George=s County, being potentially the first district application approved in the County, because Secretary Mister is attending the meeting to recognize the significance of this application, and because the Denison family and Tom Tyson, the County program administrator, are present for this meeting, the Board will begin with the consideration of the Denison application from Prince George=s County.  Hagner Mister, Secretary of Agriculture, introduced the agenda item to the Board.

 

K.         PRINCE GEORGE=S COUNTY

 

1.         16-01-02-01       DENISON, John P. & Donna L.                   122.744 acres

 

Mildred Darcey, Board member, stated that this is a proud day for Prince George=s County as it has been 14 years since a property from Prince George=s has applied for district establishment.  She went on to introduce the Program Administrator from Prince George=s, Tom Tyson, and the Denison family, the landowners, as the first of many to be included in the program.

 

Motion #3:         To approve the request of John P. & Donna L. Denison to establish an agricultural land preservation district on their property.

 

Motion:             Mildred Darcey                                            Second:  Judy Lynch

Status:              Approved

 

 

A.         CALVERT COUNTY

 

1.         04-03-02-06       WARD, S. Dallas & Bette W. BACKES             218 acres

 

2.         04-01-02-07       EWALT, et al, Chloe B.                                 109.4 acres

 

Motion #4:         To approve the requests of S. Dallas Ward & Bette W. Backes and Chloe B. Ewalt, et al to establish an agricultural land preservation district on their properties.

 

Motion:             Robert Wolf                                                 Second:  Mildred Darcey

Status:              Approved

 

 

B.         CAROLINE COUNTY

 

1.         05-03-02-01       FOUNTAIN, Roland F.                                      128 acres

 

2.         05-03-02-02       FOUNTAIN, Roland F.                                  114.74acres

 

Joseph Tassone, representing Secretary of Maryland Department of Planning, stated that, because these two agenda items are composed of two separate parcels of land with a single owner coming into the program, a letter concerning the issue of how many owner=s and children=s lots will be permitted needs to be sent to the landowner so the owner is clear from the outset what rights he retains under the District Agreement.

 

Motion #5:         To approve the requests of Roland F. Fountain to establish an agricultural land preservation district on each of his properties.

 

Motion:             Joseph Tassone                                           Second:  Maurice Wiles

Status:              Approved

 

 

3.         05-05-02-03       KIRK, Sarah Nagel                                            60 acres

 

Mr. Tassone stated that he had reservations on withholding 4 acres for a cell tower.

 

Tammy Scheidt, Program Administrator for Caroline County, stated that this was not a cell tower but a microwave tower.  Four acres are required because there is a line of these microwave towers already in place.  This structure is already in place and has been so since the early 1970's.  The tower has guide wires that hold it in place.  According to the deed, any rights to this tower revert to the original owners.  At this time,  the Kirk=s have no jurisdiction over either the tower or the 4.0 acres it sits on.

 

Motion #6:         To approve the request of Sarah Nagel Kirk to establish an agricultural land preservation district on their property.

 

Motion:             Joseph Tassone                                           Second:  Maurice Wiles

Status:              Approved

 

 

4.         05-08-02-04       NAGEL, Gary & Jennifer.                               84.55 acres

 

5.         05-08-02-05       NAGEL, Harry C. & Janice F.                         88.23 acres

 

6.         05-06-02-06       WOOD, Eileen T. & M. David                         189.7 acres

 

7.         05-02-02-07       EDWARDS, Richard A. & Janice M.             309.38 acres

 

Motion #7:         To approve the requests of Gary & Jennifer Nagel, Eileen T. & David M. Wood, and Richard A. & Janice M. Edwards to establish an agricultural land preservation district on their properties.

 

Motion:             Joseph Tassone                                           Second:  Maurice Wiles

Status:              Approved

 

 

8.         05-02-02-07       WILLIN, Harvey V. & Hilda M.                             23 acres

 

Mr. Tassone asked who farms this land.

 

Ms. Scheidt stated that the landowners farm the land.  She further stated that the Willins have other property but that this parcel does not adjoin it.  This is the reason for the separate parcel as a separate district.

 

Motion #8:         To approve the request of Harvey V. & Hilda M. Willin to establish an agricultural land preservation district on their properties.

 

Motion:             Judith Lynch                                                Second:  Joseph Tassone

Status:              Approved

 

 

C.         CARROLL COUNTY

 

1.         06-06-02-06       WOLFE, Vernon C. & Florence H.                  28.85 acres

 

2.         06-07-02-07       NOTTINGHAM, Guy D. & Dawn G                  90.77 acres

 

3.         06-01-02-08       ZIMMERMAN, Doris G.                                140.35 acres

 

4.         06-11-02-09       HAINES, John W. & Melanie R.                        119 acres

 

5.         06-04-02-10       FROCK, Myron R. & Laura J                          67.05 acres

 

6.         06-04-02-11       STAIR, Charles A.                                           100 acres

 

Motion #9:         To approve the requests of Vernon C. & Florence H. Wolfe, Guy D. & Dawn G. Nottingham, Doris G. Zimmerman, John W. & Melanie R. Haines, Myron R. & Laura J. Frock, and Charles A. Stair to establish an agricultural land preservation district on their properties.

 

Motion:             Allen Cohey                                                 Second:  Maurice Wiles

Status:              Approved

 

 

D.         CECIL COUNTY

 

1.         07-06-02-05       MAHONEY, Joseph & Andrea                           136 acres

 

Motion #10:       To approve the request of Joseph & Andrea Mahoney to establish an agricultural land preservation district on their property.

 

Motion:             Joseph Scott                                               Second: Robert Wolf

Status:              Approved

 

 

E.         FREDERICK COUNTY

 

1.         10-05-02-03       GRIMES, Charles & Nancy                             24.87acres

 

2.         10-05-02-04       GRIMES, Eugene & Karen                                 96 acres

 

3.         10-05-02-05       GRIMES, Charles & Nancy                          158.35 acres

 

4.         10-01-02-06       ALBAUGH, Ronald L. & Bonnie L.                  86.92 acres

 

5.         10-19-02-07       BURRIER, Kenneth E. & Reba B.                 101.48 acres

 

6.         10-10-02-08       BRIGGS, Donald N. & Elizabeth P.                84.48 acres

 

7.         10-10-02-09       HARBAUGH, Charles H. & Vonnie E.           161.34 acres

 

Mr. Tassone stated that a letter should go to Charles & Nancy Grimes clarifying the rights they retain under the District Agreements on their two parcels.

 

Motion #11:       To approve the requests of Charles & Nancy Grimes (with stipulations) Eugene & Karen Grimes, Ronald L. & Bonnie L. Albaugh, Kenneth E. & Reba B. Burrier, Donald N. & Elizabeth P. Briggs and Charles H. & Vonnie E. Harbaugh to establish an agricultural land preservation district on their property.

 

Motion:             Maurice Wiles                                             Second:  Mildred Darcey

Status:              Approved

 

 

F.         GARRETT COUNTY

 

1.         11-16-02-05       BRENNEMAN, Kenneth P.                          151.18 acres

 

Mr. Wiles stated that there are only 30 acres of cropland on this parcel and 116 acres of woods so there does not seem to be a lot of farming on the land.

 

Discussion continued.

 

Robert Wolf, Board member, noted that the staff report says that a Forest Management Plan is still Ain progress.@  He stated that before the parcel comes before the Board the Forestry Management plan should be in effect along with the Soil Conservation plan.

 

Ms. Scheidt stated that the Soil Conservation plan already must be in effect before a property can go to easement sale.  Also, that the Forestry Management plan is required for all properties where the forest encumbers 50% or more of the land.

 

Mr. Wolf stated that he feels that if only 5 acres of a district is forested, a Forestry Management plan should be in effect.  The landowner does not have to perform a timber operation but he should demonstrate how he is going to handle the forested land.

 

 

Allen Cohey expressed concern about the desire by the landowner to withhold 7.1 acres to construct Aadditional buildings around his farm buildings,@ particularly given local zoning ordinances in Garrett County.  Discussion followed by Board members expressing concern over acreage withheld from District Agreements more generally.

 

Motion #12:       To approve the request of Kenneth P. Brenneman to establish an agricultural land preservation district on his property conditioned on his agreement to include the 7.1 acres in the District Agreement.

 

Motion:             Joseph Tassone                                           Second: Lewis Logan

Status:              Approved

 

 

G.         HARFORD COUNTY

 

1.         12-03-02-05       LAMBROS, Daniel M. & Cheryl A.                91.398 acres

 

Motion #13:       To approve the request of Daniel M. & Cheryl A. Lambros to establish an agricultural land preservation district on their property.

 

Motion:             Judith Lynch                                                Second:  Lewis Logan

Status:              Approved

 

 

2.         WITHDRAWN

 

 

3.         12-34-02-04       JAMES, Mary-Dulany                                       125 acres

 

Mr. Tassone stated that there are four issues concerning this property to discuss:  soil productivity, the size of the property; the location of the property relative to other agricultural, preserved, and/or developed land; and value of the land and the rights remaining on the land.

 

In terms of the soil productivity, the Harford County Cooperative Extension Service says that it seems to be exceptionally productive.  From seeing the cropland during the site visit, it is above average compared to other cropland.  The farm is average size for the State.

 

This property is bordered by the town of Havre de Grace on the northwest and the northeast sides.  South of the subject property is a large area of agricultural land that Harford County wishes to keep in agriculture and open space, as shown in part by its being zoned agricultural.  There are approximately 1,500 acres of agricultural land in this contiguous block on the peninsula.  Within this 1,500 acre area of agricultural land is the Swan Harbor Farm Park, an agricultural district and two additional County-owned parks.  East (inland) from the James farm and the agricultural area more generally is large lot development.  Along Swan Creek, there are a variety of 20 acre parcels with development potential.

 

Bill Amoss, Harford County Program Administrator, explained the overall agricultural significance of the properties along the peninsula.

 

Mr. Tassone stated that the reason for looking at this block of land is the advisability of taking this 125 acre tract into the program based on what is going to happen to the surrounding area.  He further stated that he is not aware of how many dwellings are presently located on the property.  One document indicates residences, Foundation documents indicate four residences, and information from John Bernstein of Maryland Environmental Trust indicates there are two dwellings.  There is no clear count of dwellings on the property, but this may be accounted for in part because some dwellings are in fact tenant houses that cannot be subdivided from the main parcel.  There is a Resource Conservation overlay on this property as a critical area that further complicates the issue.

 

Mr. Tassone noted that, in his opinion, this is a valuable piece of land, both overall and in terms of the remaining development rights.  Under the current Maryland Environmental Trust easement, one owner=s lot and two children=s lots could be developed.  His recommendation is to accept the property as a district if an agreement can be reached with the landowner to limit the remaining potential residential rights to the property to one sub-dividable lot.

 

Mr. Amoss stated that this property and the other preserved parcels are surrounded on one side by municipalities, general industrial properties and low to medium density residential areas.  These areas are mainly to the west as this is a peninsula protected to the east by the Chesapeake Bay.

 

Mr. Tassone stated that the Foundation will need to ensure that the Foundation=s interests are protected in a District Agreement and in any potential permanent easement.  Above all, the Foundation needs to be getting something of substance in return for participation in the program, whether or not an easement is ever purchased on the property.  He stated that an agreement with the Maryland Environmental Trust will needed concerning how its easement will work in conjunction with the Foundation=s District Agreement and any possible future MALPF easement.  He further stated that a District Agreement (and any potential permanent easement) must include language that the landowner could subdivide only one residential lot.

 

 Motion #14:      To approve the request of Mary Dulany James to establish an agricultural land preservation district on her property conditioned on (1) verification of the County=s intent to preserve a significant area of adjacent properties in agricultural and open space use; (2) verification of the land-use of adjacent properties and future intentions of the city of Havre de Grace; (3) an agreement with the land owner to limit the remaining potential residential rights to the property to one sub-dividable lot; and (4) to work out with Maryland Environmental Trust how the District Agreement and any potential MALPF easement would work with the restrictions of the existing MET easement.

 

Motion:             Lewis Logan                                                Second: Robert Wolf

Abstain:            Gerald Thorpe

Status:              Approved

 

 

H.         HOWARD COUNTY

 

1.         13-04-02-01       DALY, Henry K. & Betty A.                            25.76 acres

 

Mr. Conrad stated that this parcel is not contiguous to any other MALPF property, however, it backs up to Patuxent State Park and its significant acreage of managed forestland and is in an area that contains properties that are in the Howard County agricultural land preservation program and is near parcels targeted by the Rural Legacy Program.

 

Mr. Tassone asked how a property of this size could sustain a viable farming operation.

 

Jeff Everett, Howard County Program Administrator, stated that the property has recently supported a small herd of cattle on a grazing rotation.  Corn and hay is grown on the property for feed.  The property has supported a horse operation in the past and will soon have horses on it again.

 

Discussion continued.

 

Mildred Darcey, Board member, stated that she felt the farm was too small to be economically viable and was not in favor of approving the district.

 

Motion #15:       To deny the request of Henry K. & Betty A. Daly to establish an agricultural land preservation district on their property.

 

Motion:             Mildred Darcey                                            Second:  Allen Cohey

Abstain:            Joseph Tassone

Status:              Denied

 

2.         13-04-02-02      HANSON, James C. & LAVINE, Elizabeth M.     21.22 acres

 

Mr. Conrad stated that this property is adjacent to a Howard County Agricultural Easement property.  It is a horse farm.

 

Allen Cohey, Board member, stated that he did not view this as a viable farming operation and that it was not in the best interest of the Board to approve this request.

 

Mr. Tassone stated that other properties have been approved today that are similar to this property.  This property has two agricultural easements adjacent to it which provides a larger agriculturally preserved area.

 

Motion #16:       To approve the request of James C. Hanson & Elizabeth M. Lavine to establish an agricultural land preservation district on their property.

 

Motion:             Robert Wolfe                                               Second:  Gerald Thorpe

Opposed:          Allen Cohey, Mildred Darcey, Maurice Wiles

Status:              Approved

 

 

I.          KENT COUNTY

 

1.         14-02-02-06       JOHNSON, Anthony C.                                 227.9 acres

 

2.         14-01-02-07       GREEN FOREST FARM LLC                           228 acres

 

Mr. Tassone stated that in the case of the Green Forest Farm LLC the lot rights retained under a District Agreement by a corporate entity be communicated to the landowners.

 

Motion #17:       To approve the requests of Anthony C. Johnson and Green Forest Farm, LLC to establish an agricultural land preservation district on their properties, with the stipulation that a letter be sent to the Green Forest Farm LLC concerning retained development rights.

 

Motion:             Joseph Tassone                                           Second:  Judy Lynch

Status:              Approved

 

 

J.        MONTGOMERY COUNTY

 

1.         15-11-02-01       MDR FRIENDLY ACRES                           109.539 acres

 

2.         15-03-02-02       MDR FRIENDLY AHOY LLC                        231.07 acres

 

3.         15-11-02-03       MDR FRIENDS ADVICE LLC                       150.97 acres

 

Mr. Cohey asked for clarification on the ownership of these properties and what development rights these entities expect to retain under the MALPF Program.  He also expressed concern on the amount of acreage being withheld from these districts.

 

John Zawitoski, Montgomery County Program Administrator, stated these three LLCs or corporations are owned by the same person.  As corporate entities, they should be able to retain one lot as a corporate lot.  The properties were originally purchased by General Wiedemeyer after World War II.  The current landowner rents out the land to individuals who farm the land.  The landowner wants to retain the right to have one corporate lot on the three parcels.  He has no need for children=s lots.  The acreage being withheld represents acreage connected to pre-existing dwellings at a density of 1:25.  He wishes to retain the ability to dispose of these dwellings separately from the farming acreage which he wishes to retain.  Because these are pre-existing dwellings built to the maximum county density, there will be no additional dwellings built on the excluded acreage.  One reason he wishes to remove the dwellings from the farming acreage is to limit corporate liability in the larger farming operation.

 

Motion #18:      To approve the requests of MDR Friendly Acres, MDR Friendly Ahoy, LLC and MDR Friends Advice, LLC to establish an agricultural land preservation district on their properties.

 

Motion:             Joseph Tassone                                           Second:  Maurice Wiles

Status:              Approved

 

 

L.         ST. MARY=S COUNTY

 

1.         18-04-02-13       FARMER, James F. & Helen H.                  193.048 acres

 

Mr. Tassone requested clarification on the reasons for the exclusion of 5 acres on this property.

 

Donna Sasscer, St. Mary=s County Program Administrator, stated that the Farmers are requesting the lot exclusion as it is their intent to sell the pre-existing dwelling, a large historically-significant house, with the 5 acre parcel surrounding it.  The Farmers are interested only in the farming property, and do not wish to retain ownership of the house.

 

Motion #19:       To approve the request of James F. & Helen H. Farmer, to establish an agricultural land preservation district on their property.

 

Motion:             Gerald Thorpe                                              Second:  Mildred Darcey

Status:              Approved

 

 

6.         18-02-02-18       PUSSLER, et al, Edward                               163.5 acres

 

Mr. Tassone requested clarification on the reasons for the exclusion of 5 acres on this property.

 

Ms. Sasscer stated that the reason for the exclusion was the pre-existing dwelling is a historical site and the requested 5 acres is to accompany the dwelling.

 

Mr. Tassone stated that the Board should know what is going on with the excess land and that we can say to the landowner that the Board is not going to purchase the easement until the Board is satisfied with the activity on the withheld land.

 

Ms. Scheidt stated that the landowners come to the program administrators looking for guidance to have their property enrolled in the program.  For years, the program administrators have been told to have exclusions, etc., presented to the Board up front at the meetings.  This seems to be changing.  The program administrators need to know how to educate the landowners as to how the Board wants to proceed.  Should landowners be up front with the uses and exclusions or wait until easement time to make changes.

 

Mr. Tassone stated that until the Board is satisfied with the activity on the excluded land the entire parcel should not be allowed into the program.  In addition, an offer on an easement should not be made until the Board is satisfied that the potential activities on the excluded acreage will not undermine the investment of the State in larger parcel.

 

Discussion continued.

 

Motion #20:       To approve the request of Edward Pussler, et al to establish an agricultural land preservation district on their property.

 

Motion:            Mildred Darcey                                              Second:  Gerald Thorpe

Opposed:         Joseph Tassone

Status:            Approved

 

 

2.         18-04-02-14       RUSSELL, Paul B.                                      86.236 acres

 

3.         18-02-02-15       SPRINGER, Jr., et al, Robert I.                     44.78  acres

 

4.         18-05-02-16       DEFREITAS, Obberron                                    98.6 acres

 

5.         18-04-02-17       HILL, James T. & Dora Lyn                            24.28 acres

 

7.         18-02-02-19       MORRIS, Malcolm & Charlotte                       35.59 acres

 

Motion #21:       To approve the requests of Paul B. Russell, Robert I. Springer, Jr., et al, Obberron Defreitas, James T. & Dora Lyn Hill, and Malcolm & Charlotte Morris to establish an agricultural land preservation district on their properties.

 

Motion:             Judy Lynch                                                  Second:  Mildred Darcey

Status:              Approved

 

 

M.        TALBOT COUNTY

 

Mr. Tassone stated that all of these properties presented today should be reviewed, after the vote on the lot policy, for the lot rights retained based on the ownership structure and number of parcels.  All but one of the properties have exclusions on them, and this is a concern where retained development rights are concerned.  He further stated that a line needs to be drawn as to how much acreage will the Board allow to be excluded up front and what acreage is acceptable.

 

Frank Hall, Talbot County Program Administrator, stated that the law has determined that 50 acres is the acceptable minimum to establish a district.

 

Mr. Cohey stated that it appears that the Delahays want to preserve the land but make money at the same time by developing their excluded acreage.

 

Mr. Tassone stated that it is not the Board=s place to determine how a landowner makes money off of their land.  However, the Board can determine which properties receive offers to purchase an easement.

 

Mr. Hall stated that the more profitable land on the Delahay property is on the waterfront.  However, this is not the area from which acreage is being excluded.  They chose an area by the road to minimize the impact on the farm.  On the other Delahay property, the landowners wish to live there, and they want enough acreage to be able to have a smaller operation.  The daughter and son-in-law who will be living on the farm are in their 40s, therefore, there will be no child=s lots.

 

Motion #22:       To reserve the right to return to discussion on the Mark R. & Victoria L. Sump properties and the Charlotte Delahay and Charlotte Delahay, et al properties after the vote on the Lot Policy.

 

Motion:             Joseph Tassone                                           Second:  Gerald Thorpe

Status:              Approved

 

 

1.         20-04-02-06       SUMP, Mark R. & Victoria L.                      63.0000 acres

 

2.         20-04-02-07       SUMP, Mark R. & Victoria L.                    119.0000 acres

 

Motion #23:       To approve the requests of Mark R. & Victoria L. Sump to establish an agricultural land preservation district on their properties.

 

Motion:             Joseph Tassone                                           Second:  Gerald Thorpe