wicomico county, maryland

WICOMICO COUNTY, MARYLAND DEPARTMENT OF PLANNING, ZONING AND COMMUNITY DEVELOPMENT

125 N. DIVISION STREET, ROOM 203 P.O. BOX 870

SALISBURY, MARYLAND 21803-0870 PHONE: 410-548-4860 | FAX: 410-548-4955

John D. Psota John D. Psota Acting County Executive Director of Administration

Planning & Zoning Commission Wicomico County Board of Appeals Natural Resources Conservation Advisory Committee Historic District Commission Metropolitan Planning Organization Agricultural Reconciliation Committee Shore Housing Resource Board Agricultural Land Preservation Advisory Board

WICOMICO COUNTY AGRICULTURAL LAND PRESERVATION ADVISORY BOARD

AGENDA

Date of Meeting: April 13, 2021 Time: 7:00 P.M. Place: Room 301, Council Chambers

Government Office Building

MINUTES – Board Meeting of July 28, 2020

EASEMENT APPLICATIONS:

1. Gary Breeding #1 – Pocomoke Road – 150.49 acres - M-0058, G-0017, P-0110 –

Recommendation to County Council.

2. Gary Breeding #2 – Pocomoke Road – 58.84 acres - M-0058, G-0023, P-0111 – Recommendation to County Council.

3. Scrimgeour’s Farm All, LLC – Pittsville Road – 108.44 acres - M-0031, G-0006, P-0139 – Recommendation to County Council.

CLOSED SESSION - EASEMENT RANKING FY2022 Recommendation to County Administration ADJOURN

WICOMICO COUNTY, MARYLAND

DEPARTMENT OF PLANNING, ZONING AND COMMUNITY DEVELOPMENT 125 N. DIVISION STREET, ROOM 203

P.O. BOX 870 SALISBURY, MARYLAND 21803-0870

PHONE: 410-548-4860 | FAX: 410-548-4955

John D. Psota County Executive Director of Administration

MINUTES

The Wicomico County Agricultural Land Preservation Advisory Board met in regular session on July 28, 2020, in the Room 302, Government Office Building at 7:00 p.m. with attendance as follows: BOARD MEMBERS Eugene Lowe, Acting Chair Robert Guy Eddie Moore Jay Esham, Absent PLANNING STAFF Gloria Smith, Planner Jesse Drewer, Planner

Mr. Lowe called the meeting to order at 7:05 p.m.

PROCEDURES:

Mrs. Smith noted that due to COVID19 and in order to comply with the Open Meetings Law, public participation will be by teleconference. Interested parties were provided a Call-in telephone number and password for this meeting. It was determined that there had been no call-ins for the meeting.

Wicomico County Ag. Preservation Advisory Board July 28, 2020 Page 2

MINUTES: Upon a motion by Mr. Guy, seconded by Mr. Moore, and duly carried, the May

22, 2019 minutes were approved as submitted.

EASEMENT APPLICATIONS:

Delmarva Farms, LLC – Campground Road – 91.32 acres - M-46, P-141, G-18 – Recommendation to County Council.

Mrs. Smith presented the Staff Report and explained the applicant, Harold Scrimgeour, submitted an application to sell an easement in the land preservation program for this property. The farm meets the minimum soils requirements for the program. It was noted that this property had been approved for a 36-lot subdivision. The tax assessment records describe the land as fronting on Campground Road but by the maps, it has frontage on Siloam Road.

Upon a motion by Mr. Guy, seconded by Mr. Moore, and duly carried, the Board

voted to forward a Favorable recommendation to the Wicomico County Council for approval of the submission of an easement application on this farm.

Porter Mill Properties, LLC – Ocean Gateway – 129.05 acres - M-18, P-28, G-12 – Recommendation to County Council.

Mrs. Smith presented the Staff Report and explained the applicant, Harold Scrimgeour, submitted an application to sell an easement in the land preservation program for this property. The farm meets the minimum soils requirements for the program. It was noted that there is a small portion of this property on the south side of U.S. Route 50. The MALPF administrator, Chana Turner, has advised that this portion of the farm might not be accepted. Due to the split by a major highway, a separate set of easement documents would be necessary and it is not cost effective.

Upon a motion by Mr. Moore, seconded by Mr. Guy, and duly carried, the Board


William & Teresa McCain – Union Church Road – 85.13 acres - M-58, P-117, G-24 – Recommendation to County Council.

Mrs. Smith presented the Staff Report and explained the applicants submitted an application to sell an easement in the land preservation program for this property. The farm meets the minimum soils requirements for the program. It was pointed out that the property is across from Fox Chase subdivision, adjoins an existing MALPF easement property and a DNR property, and is larger than originally depicted by the Tax Maps. A survey was provided.




MARVIC Associates, LLC – Laws Road – 167.29 acres - M-60, P-17 & 19, G-5 & 12 – Recommendation to County Council.

Mrs. Smith presented the Staff Report and explained the applicants submitted an application to sell an easement in the land preservation program for this property. The farm meets the minimum soils requirements for the program. It was pointed out that the property is on both sides of Laws Road. MALPF administrator, Chana Turner has requested a revised map if the farm. Additional parcels were originally submitted but because of the woodlands, did not qualify for the program.

Upon a motion by Mr. Moore, seconded by Mr. Guy, and duly carried, the Board


William & Mary Todd – Cross Road – 87.9 acres - M-6, P-146, G-15 & 16 – Recommendation to County Council.

Mrs. Smith presented the Staff Report and explained the applicants have submitted an application to sell an easement in the land preservation program for 87.9 acres of this property. The reduced acreage of the farm meets the minimum soils requirements for the program. The excluded acreage would have prevented the application from meeting the minimum soils criteria. The farm is surrounded by other State and County easements.



EASEMENT RANKING: – FY2021 Recommendation to County Administration.

Mrs. Smith presented the Staff Report and explained that the ranking is based primarily on soils and soil type production estimates for corn yields. The properties that rose to the top of the list have good soil types for production, and also surrounding or nearby easement properties.

There was discussion regarding concerns for the #1 application due to in-the-field

flooding conditions. Mrs. Smith also updated the Board on the applications that received offers in the

last easement cycle. Upon a motion, seconded, and carried, the Board approved the forwarding of the

ranking to the County Administration.

OTHER INFORMATION:


Mrs. Smith noted that due to the timing of receipt of the applications, all were reviewed by the Wicomico County Planning Commission prior to July 1. The applications had been submitted to MALPF. Staff now has until October 1 to submit the Board’s recommendation and the County Council’s approval of the applications.

She added that MALPF administrator, Chana Turner, had reviewed the applications and some supplemental information also needs to be submitted.

ADJOURNMENT

With no further business, the Board meeting was adjourned at 7:45 PM.

This is a summary of the proceedings of this meeting. Detailed information is in the permanent files of each case as presented and filed in the Wicomico County Department of Planning, Zoning and Community Development.

_________________________________ Eugene Lowe, Acting Chairman __________________________________ Keith D. Hall, AICP Deputy Director




PHONE: 410-548-4860 | FAX: 410-548-4955 John D. Psota John D. Psota Acting County Executive Director of Administration

Lori A. Carter Director


STAFF REPORT

MEETING OF APRIL 13, 2021

MARYLAND AGRICULTURAL PRESERVATION EASEMENT APPLICATION

RECOMMENDATION TO COUNTY COUNCIL

I. PROPOSED AGRICULTURAL DISTRICT

NAME: Gary Breeding Easement Application Location: Westerly side of Pocomoke Road, near Salisbury, Maryland County Tax Map #58, Parcel #110, Grid #17 Size: 150.49 Acres

II. INTRODUCTION An application has been filed by Gary Breeding to sell an easement on property on the westerly

side of Pocomoke Road to the Maryland Agricultural Land Preservation Foundation. (See Attachments #1, 2, and 3.)

Maryland’s Agricultural Land Preservation Program requires the Planning Commission’s review of applications to sell Agricultural Land Preservation Easements. The duties of the Planning Commission are as follows:

1. To advise County Council if the easement is compatible with existing and approved County

Plans and overall County policy; and, 2. To recommend to County Council if an easement should be created.

Gary Breeding Agricultural Preservation Easement #1 Page 2 March 24, 2021

III. MARYLAND PROGRAM SUMMARY The following is a brief overview of Maryland’s Agricultural Land Preservation Program.

Participation in the program is entirely voluntary on the part of landowners:

* Agricultural Land Preservation Easements may be sold by landowners whose land meets eligibility requirements of the Maryland Agricultural Land Preservation Foundation;

* An Agricultural Easement is perpetual and the land must be kept in agriculture. The subdivision and development of land for residential, commercial or industrial purposes is prohibited;

* Support on an easement application is an official acknowledgment from the County and Foundation that farming is the preferred use of the land, which may aid farmers in defending against nuisance complaints;

IV. EASEMENT CRITERIA The qualifying criteria of the Foundation for sale of easements under the provisions of the

Maryland Program are:

* Criterion #1: The land is currently being used for producing food or fiber or has the capability to do so.

The land is suitable for corn, soybeans and timber production. * Criterion #2: The majority of the land area of any district should consist of either of USDA

Soil Capability Classes I, II, and III; USDA Woodland Groups 1 & 2; or at least 60 percent of the two classifications combined.

The site contains 68.3 percent Class II, III and Woodland Group I soils. * Criterion #3: An Agricultural Easement generally should not be less than 50 contiguous

acres, unless certain conditions are met. The total size of the proposed easement is 150.49 acres. * Criterion #4: Land within the boundaries of a 10-year water and sewerage service district

may be included in an Agricultural Easement only if it is outstanding in productivity and of significant size.

The Gary Breeding property is not located within the boundaries of a 10-year water and sewer service district. The closest district is that of Fruitland located 2.5 miles to the northwest.


V. DESCRIPTION OF PROPOSED AGRICULTURAL EASEMENT The Gary Breeding property is located southeast of Fruitland on the westerly side of Pocomoke

Road. The farm totals 150.49 acres and contains a residence.

VI. COMPREHENSIVE WATER AND SEWERAGE PLAN The Gary Breeding property is not within the boundaries of a 10-year water and sewer service

district. The closest district is that of Fruitland located 2.5 miles to the northwest.

VII. WICOMICO COUNTY COMPREHENSIVE PLAN The County Comprehensive Plan identifies the following policies, which pertain to

agriculture/resource areas:

1. Support the agricultural industry and associated jobs. 2. Afford agricultural uses with maximum protection and freedom from nuisance complaints

in zoning regulations and through “right to farm” ordinances. 3. Give priority to public improvements directed toward agriculture related uses. In addition, with the adoption of the 2017 Comprehensive Plan, a Priority Preservation Area was adopted that includes all of the A-1 Agricultural-Rural zoned areas of the County.

The Plan’s Overall Development Policy concerning the formation of Agricultural Land Preservation Easements provides for their sale on farmland situated in the agricultural/resource areas when consistent with the criteria set forth in the Maryland Agricultural Land Preservation Act. The Gary Breeding property is located in an area designated as Agriculture/Resource and within the Priority Preservation Area in the County Plan, which encourages the sale of Agricultural Preservation Easements. In addition, the property is zoned Agricultural-Rural and is located in a predominantly agricultural area.

VIII. ELIGIBILITY TO SELL AND EASEMENT The Planning Staff finds that the proposed easement meets the minimum criteria established by

the Agricultural Land Preservation Foundation for the sale of an easement in regards to location, size and soils suitability.

IX. COUNTY AGRICULTURAL ADVISORY BOARD ACTION State Law requires that the Wicomico County Agricultural Land Preservation Advisory Board

review potential easements in regards to soils suitability, farm size, and other criteria described in Section IV. Staff recommends that the Board forward a Favorable recommendation to the Council for the support of the sale of an Agricultural Land Preservation Easement on the Gary Breeding #1 farm as it meets the minimum requirement for size, soils suitability, and current production status.


X. PLANNING COMMISSION ACTION State Law requires that the Wicomico County Planning Commission review the request for

consideration of the location of the proposed easement. The Gary Breeding property is located in an area designated Agriculture/Resource by the Comprehensive Plan and in the Agricultural-Rural zoning district, near the City of Fruitland. The Planning Commission forwarded a Favorable recommendation to the Council for support of the sale of an Agricultural Land Preservation Easement on the Gary Breeding #1 property based on compliance with the County Comprehensive Plan on March 18, 2021. COORDINATOR: Brian Soper, Planning Manager DATE: March 24, 2021







STAFF REPORT





NAME: Gary Breeding Easement Application #2 Location: Westerly side of Pocomoke Road, near Salisbury, Maryland County Tax Map #58, Parcel #111, Grid #23 Size: 58.84 Acres

II. INTRODUCTION An application has been filed by Gary Breeding to sell an easement on property on the westerly

side of Pocomoke Road to the Maryland Agricultural Land Preservation Foundation. (See Attachments #1, 2, and 3.)















The site contains 93.3 percent Class II, III and Woodland Group I soils. * Criterion #3: An Agricultural Easement generally should not be less than 50 contiguous



The Gary Breeding property is not located within the boundaries of a 10-year water and sewer service district. The closest district is that of Fruitland located 2.5 miles to the northwest.


V. DESCRIPTION OF PROPOSED AGRICULTURAL EASEMENT The Gary Breeding property is located southeast of Fruitland on the westerly side of Pocomoke

Road. The farm totals 58.84 acres and contains no structures.

VI. COMPREHENSIVE WATER AND SEWERAGE PLAN The Gary Breeding property is not within the boundaries of a 10-year water and sewer service

district. The closest district is that of Fruitland located 2.5 miles to the northwest.





The Plan’s Overall Development Policy concerning the formation of Agricultural Land Preservation Easements provides for their sale on farmland situated in the agricultural/resource areas when consistent with the criteria set forth in the Maryland Agricultural Land Preservation Act. The Gary Breeding property is located in an area designated as Agriculture/Resource and within the Priority Preservation Area in the County Plan, which encourages the sale of Agricultural Preservation Easements. In addition, the property is zoned Agricultural-Rural and is located in a predominantly agricultural area.



IX. COUNTY AGRICULTURAL ADVISORY BOARD ACTION

State Law requires that the Wicomico County Agricultural Land Preservation Advisory Board review potential easements in regards to soils suitability, farm size, and other criteria described in Section IV. Staff recommends that the Board forward a Favorable recommendation to the Council for the support of the sale of an Agricultural Land Preservation Easement on the Gary Breeding #2 farm as it meets the minimum requirement for size, soils suitability, and current production status.


X. PLANNING COMMISSION ACTION

State Law requires that the Wicomico County Planning Commission review the request for consideration of the location of the proposed easement. The Gary Breeding property is located in an area designated Agriculture/Resource by the Comprehensive Plan and in the Agricultural-Rural zoning district, near the City of Fruitland. The Planning Commission forwarded a Favorable recommendation to the Council for support of the sale of an Agricultural Land Preservation Easement on the Gary Breeding #2 property based on compliance with the County Comprehensive Plan on March 18, 2021. COORDINATOR: Brian Soper, Planning Manager DATE: March 24, 2021







STAFF REPORT





NAME: Scrimgeour’s Farm All, LLC Easement Application Location: Both sides of Pittsville Road, Parsonsburg, Maryland County Tax Map #31, Parcel #139, Grid #6 Size: 108.44 Acres

II. INTRODUCTION An application has been filed by Scrimgeour’s Farm All, LLC to sell an easement on property on

both sides of Pittsville Road to the Maryland Agricultural Land Preservation Foundation. (See Attachments #1, 2, and 3.)




Scrimgeour’s Farm All, LLC Agricultural Preservation Easement Page 2 March 24, 2021











The site contains 93.2 percent Class III and Woodland Group I soils. * Criterion #3: An Agricultural Easement generally should not be less than 50 contiguous



The Scrimgeour’s Farm All, LLC property is not located within the boundaries of a 10-year water and sewer service district. The closest district is that of Pittsville located 1.5 miles to the southeast.


V. DESCRIPTION OF PROPOSED AGRICULTURAL EASEMENT The Scrimgeour’s Farm All, LLC property is located northwest of Pittsville on both sides of

Pittsville Road. The farm totals 108.44 acres and contains one mobile residence and one shed. It also adjoins an existing Maryland Agricultural Land Preservation Easement (Dorn, formerly Wells).

VI. COMPREHENSIVE WATER AND SEWERAGE PLAN The Scrimgeour’s Farm All, LLC property is not within the boundaries of a 10-year water and

sewer service district. The closest district is that of Pittsville located 1.5 miles to the southeast.





The Plan’s Overall Development Policy concerning the formation of Agricultural Land Preservation Easements provides for their sale on farmland situated in the agricultural/resource areas when consistent with the criteria set forth in the Maryland Agricultural Land Preservation Act. The Scrimgeour’s Farm All, LLC property is located in an area designated as Agriculture/Resource and within the Priority Preservation Area in the County Plan, which encourages the sale of Agricultural Preservation Easements. In addition, the property is zoned Agricultural-Rural and is located in a predominantly agricultural area.



IX. COUNTY AGRICULTURAL ADVISORY BOARD ACTION State Law requires that the Wicomico County Agricultural Land Preservation Advisory Board

review potential easements in regards to soils suitability, farm size, and other criteria described in Section IV. Staff recommends that the Board forward a Favorable recommendation to the Council for the support of the sale of an Agricultural Land Preservation Easement on the Scrimgeour’s Farm All, LLC farm as it meets the minimum requirement for size, soils suitability, and current production status.


X. PLANNING COMMISSION ACTION State Law requires that the Wicomico County Planning Commission review the request for

consideration of the location of the proposed easement. The Gary Breeding property is located in an area designated Agriculture/Resource by the Comprehensive Plan and in the Agricultural-Rural zoning district, near the City of Salisbury. The Planning Commission forwarded a Favorable recommendation to the Council for support of the sale of an Agricultural Land Preservation Easement on the Scrimgeour’s Farm All, LLC property based on compliance with the County Comprehensive Plan on March 18, 2021. COORDINATOR: Brian Soper, Planning Manager DATE: March 24, 2021

wicomico county, maryland

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