Since HLT’s early history, its
founders and supporters have acted to preserve the health, beauty, and quality
of life in the Deer Creek Watershed. In recent years, the HLT became a landowner
on Deer Creek and a neighbor to the local residential and farm community, as
well as H.P. White Laboratories, a munitions research and testing facility. The
Harford Land Trust found itself in a unique position when our board was asked
to evaluate H. P. White’s land and business situation as a result of the
company’s request of a zoning change. The business wanted to expand its
operations, and to do so, would require upzoning Agricultural (AG) zoned land
to General Industrial (GI) zoning. The HLT board gathered information from
local organizations, neighbors and people who care about the environment. We
spoke with the landowners, investigated the property, and with the help of
concerned members of the community, considered whether the zoning change would
be positive. HLT decided to take action.
When H. P. White’s Vice President,
Eric Dunn, presented HLT with their zoning situation and business plan, we
realized that the proposal was a “measured” expansion and that the company did
not need, or plan to use, the benefits of full “GI” zoning. HLT found that the landowner was willing to
accept severe restrictions that would keep building and development to the
agreed limits and prevent any future residential development of the land. As a
result legal negotiation and creation of a permanent deed restriction that runs
with the land, the HLT supported the requested change in zoning to GI. HLT knew that it could help protect natural
resources and at the same time enable a neighbor to have a measured expansion
of its business operations even if that meant the property would be zoned General
Industrial.
According to the agreement, the
HLT will monitor the restrictions, limitations, and covenants on the deed. Those
restrictions stay with the land in perpetuity. The deed restriction easement is
one of many that the HLT holds. In this case, the deed is restricted in order
to ensure that development and construction activities stay within the
negotiated area and that impervious surface is minimal. These restrictions are
in addition to all local, state, and federal laws and are applicable to the
future development including stormwater management.
The Harford Land Trust
obtained independent legal guidance and
technical assistance in drawing up a legal document to restrict the deed. We
secured expertise in the areas of real estate deed restrictions, environmental
management and future land monitoring. Mike Elder, an attorney and
environmental specialist, was hired by the HLT to help create the document and
negotiate the terms of the agreement with H. P. White. John Gessner, of Gessner, Snee, Mahoney &
Lutche represented H. P. White Laboratories.
Saving land and protecting a
watershed sometimes necessitates rethinking the connection landowners have with
their surroundings. The White project involved protecting land from unfettered
commercial development and residential sprawl, while at the same time improving
a business’s long-term viability. The H. P. White Laboratory case is an example
of why we need a strong land trust working in our community. It is for that
reason that we are trained to assist landowners in evaluating their options and
then manage that land in perpetuity to ensure it is safeguarded by ongoing stewardship.
Since HLT’s early history, its
founders and supporters have acted to preserve the health, beauty, and quality
of life in the Deer Creek Watershed. In recent years, the HLT became a landowner
on Deer Creek and a neighbor to the local residential and farm community, as
well as H.P. White Laboratories, a munitions research and testing facility. The
Harford Land Trust found itself in a unique position when our board was asked
to evaluate H. P. White’s land and business situation as a result of the
company’s request of a zoning change. The business wanted to expand its
operations, and to do so, would require upzoning Agricultural (AG) zoned land
to General Industrial (GI) zoning. The HLT board gathered information from
local organizations, neighbors and people who care about the environment. We
spoke with the landowners, investigated the property, and with the help of
concerned members of the community, considered whether the zoning change would
be positive. HLT decided to take action.
