Cecil County Agricultural Preservation Advisory Board Minutes

Thursday, April 10, 2003

Board Members Present: Bob Knutsen (Chair), David Davis, Wayne Stafford, Stephen Balderston, and Fred Orr, Sr.

Board Members Absent: None.

Others Present: David Black and Jocelyn Beland (OPZ staff).

Chairman Knutsen called the meeting to order at 1:00 p.m.  Mr. Black summarized the February minutes.  Chairman Knutsen asked for a motion on the minutes.  Mr. Davis made a motion to approve the minutes as written.  Mr. Stafford seconded the motion.  All were in favor, the motion carried.

Old Business

1. Reconsideration of district application from Mary Elizabeth Brown for property located at 145 State Line Road, Rising Sun, MD, 21911 (Tax Map 4, Grid 14, Parcel 8).  ACREAGE: 55.56 acres; 9th Election District.  PRESENTLY ZONED:  Northern Agricultural Residential (NAR).

Mr. Knutsen advised that he visited the property.  According to regulations, the only way to create lots is for immediate children.  Ms. Brown wants to withhold property in order to create lots for nieces and nephews.  Mr. Stafford stated that Ms. Brown is withholding so much acreage that there wouldn't be much density left on the property, and the property being preserved couldn't be developed anyway.  He is concerned that it barely meets the 50-acre criteria and is not contiguous nor in the vicinity of other preserved ag lands.  Mr. Black explained that there are still two minor subdivision lots available on the property before it would have to be subdivided through the major subdivision process.  Mr. Knutsen is concerned about the size of the parcel and the fact that it is not contiguous to any other preserved property.  Mr. Orr opined that he would like to see larger tracts of land preserved.

Motion made by Mr. Orr, seconded by Mr. Stafford, and unanimously carried to disapprove, with a recommendation that Ms. Brown reapply at a later date if the amount of withheld acreage is reduced or if the former Marshall Farm (located immediately east of her property) enrolls in the MALPF program.

2. MALPF Program Funding

Mr. Knutsen spoke to Karen Smith, a governor's representative, about the MALPF program funding.  She advised him that it will probably be a minimum of three years before any funding is available for ag preservation.  Mr. Knutsen asked if the people that have sold easements, and not been paid for them yet, would not receive their money for three years?  Mr. Black advised that there are currently 40 properties state-wide, ten of which are in Cecil County, that have applied and done all the necessary paperwork.  They are just waiting for the state to cut a check.

New Business

1. Election of Vice-Chairperson

Mr. Orr nominated Mr. Davis for Vice-Chairperson.  Mr. Stafford seconded the nomination.  Mr. Davis unanimously elected Vice-Chairperson.

2. Request for Partial Termination of District Property:  Rosemarie Sherrard Linton.  Property located at 55 Rolling Hills Ranch Lane, Port Deposit, MD, 21904 (Tax Map 22, Grid 18, p/o Parcel 9).  ACREAGE: 2.41 acres; 7th Election District.  PRESENTLY ZONED:  Suburban Residential (SR).

Mr. Black advised the Board that Ms. Linton is requesting a partial termination of her district property, which was established in 1996 and has remained in effect beyond the required five years.  The proposed 2.41 acres would remove approximately 1.4 acres of Woodland Group II from the district, and the district size would be reduced to 116.5 acres and would still meet the 60% required soils.  The purpose of the termination is to create a lot for Ms. Linton's daughter.  If the Ag Board recommends approval, then the request would go to the State Board of Trustees for their approval or disapproval.

Mrs. Linton advised that they have never received any money for the property.  The daughter is an adopted daughter, who has been with the Lintons since the age of 16.

Motion made by Stafford, seconded by Balderston, and unanimously carried to approve.

3. Request for a Tenant House:  John L. Miller, Sr., et al. for property located at 64 Grove Miller Lane, North East, MD, 21901 (Tax Map 12, Grid 9, Parcel 24).  ACREAGE:  157.94, 9th Election District.  PRESENTLY ZONED:  Northern Agricultural Residential (NAR).

Mr. Knutsen stated that he didn't realize the Ag Board would have to approve a property for the placement of a tenant house.  Mr. Black advised that because the property has an easement on it, then the County Ag Board and the State Board would have to approve it.  If the property was in a district, then the Boards would not have to approve it.  The home would be for Mr. Miller's assistant herdsman, who is a full-time employee of the farm.  The County and State codes allow one tenant house per 100 acres.  Since he has 157+ acres, he is within the requirements.

Motion made by Orr, seconded by Stafford, and unanimously carried to approve.

4. Request for a child's lot exclusion for John L. Miller, Sr., et al. for property located at west side of Wood Valley Road, Rising Sun, MD, 21911 (Tax Map 12, Grid 3, Parcel 7).  ACREAGE:  51.96 acres, 9th Election District.  PRESENTLY ZONED:  Northern Agricultural Residential (NAR).

Mr. Knutsen advised that this is a lot for Robert, Mr. Miller's son.  Since this property is in an easement, the State Board would also have to approve it.  Mr. Black informed the Board that this will be the third child's lot.  There is one on the north side of Rte. 213 and one on the south side.  This lot is the second lot on the northernmost parcel.  Regulations state that there can be one child lot per 20 acres.  This meets those requirements.

Motion made by Balderston, seconded by Orr, and unanimously carried to approve.

General Discussion/Updates

1. Land Preservation Workshop

Mr. Knutsen advised that there is a land preservation workshop on Thursday, April 17, 2003, from 10:00 a.m. to 3:00 p.m. in the Commissioners' Board Room, hosted by the Cecil Land Trust.  The County set a goal to preserve 55,000 acres by 2010, and it appears that the goal is not going to be realized.  Perhaps Chesapeake Fields Enterprise will aid in this effort.  He explained that Chesapeake Fields are trying to raise funds to provide unique markets for farmers, such as certain types of wheat or soy beans, etc.  It is being patterned after a group in South and North Dakota that has been fairly successful.  They are trying to keep the farmers on the Eastern Shore.

With there being no further items to discuss, Mr. Knutsen adjourned the meeting at 2:20 p.m.