Saw Mill Branch – Brief history on conservation status
· This 11 acre wooded site was deeded to Baltimore City by the Baltimore County Water and Electric Company in 1921.
· NeighborSpace was initially approached about acquisition and preservation of this property by the Hilltop/Maple Community Association in 2008.
· In 2009, at the City’s request, NeighborSpace paid for a survey of the property by Cobert, Matz and Rosenfelt, Inc. City representatives had agreed to transfer the property to Baltimore County for preservation purposes, and to grant a conservation easement to NeighborSpace.
· In 2011, concerns were raised by Maple Avenue residents at the City Board of Estimates that the property be preserved ”as is” as a natural watershed buffer, that Baltimore County not enable auto access or new parking areas and that no signage or publicity be placed to direct outsiders to this property.
· In December 2011, Baltimore County accepted the property “as is” and a deed was executed in February 2012 conveying the “fee interest” from the City to the County, with a deed restriction providing “the property shall remain an open space conservation area in perpetuity, and shall not be converted from outdoor recreation and open space without the prior written approval of NeighborSpace Baltimore County”.
· Prior to accepting the property, the County commissioned environmental assessments that revealed empty drums and soil contamination from dumping. In 2013, the County assumed responsibility for removing the empty drums and contaminated soil, paying $21,000 for remediation.
· With remediation complete, there are four scenarios for the property going forward:
o The status quo is maintained with the County remaining the owner, subject to the NeighborSpace deed restriction;
o NeighborSpace helps to secure a trail connection to Patapsco State Park and the County conveys the property in fee to the State, subject to NeighborSpace’s deed restriction;
o The County leases the land to NeighborSpace; and
o The County conveys the land to NeighborSpace in fee simple.
· The County is interested in transferring control of the property to NeighborSpace due to budget constraints. It doesn’t want to be responsible for managing or maintaining small sites that are isolated from other County properties. If NeighborSpace had not been willing to accept responsibility for the property, it is not clear that the County would have been willing to accept its transfer from the City.
· NeighborSpace has been approached by the County to enter into a two-year lease, followed by ownership in fee. Under County law, it can declare a property to be surplus, after which it can either offer the property for sale at public auction or lease the property. If leased, at the end of a two year lease, the County can sell the property to NeighborSpace at appraised fair market value. Declaration of surplus property is an administrative process, but any Council member may request the transaction be presented to the Council.
· What is the advantage of NeighborSpace ownership, rather than a deed restriction?
o A deed restriction has less protection under the law than a conservation easement or a fee interest;
o Currently, the County could lease the property to just about anyone. NeighborSpace can object if that entity did something to threaten the property's use as public open space, but we would be on the defense, not the offense in deciding what happens on the property, especially if it means suing the County.
o Currently, the County could potentially lease to the boy scouts, the YMCA, 4H, Outward Bound, etc. and neighbors would have no say. Collaborating with NeighborSpace on stewardship provides a direct and continuing community role.
· A two year lease period allows ample time for discussion of stewardship issues with the surrounding community. At a minimum these include:
o Access to the Patapsco State Park – in December 2013 Neighbor Space representatives met with representatives of Richmond American Homes and Councilman Quirk to discuss a possible easement over Richmond’s property to connect the Saw Mill Branch site to Patapsco State Park. Richmond American’s representatives reacted favorably, as the trail would be an amenity to their community;
o MDNR acquisition - R. Dyke from the Patapsco State Park has confirmed State rules on acquisition don’t preclude the State from acquiring. Richmond easement might encourage state acquisition, but this is not likely in near term.
o Public access – Neighboring residents and MDNR are both concerned about controlling access to the Park;
o The structural soundness of the dam and existing easements over the dam for access and electricity - Richmond American is providing the Bealmer property with access and utilities from Patapsco Reserve. As of December 2014, these are nearly complete. The County is assisting with termination of the Bealmer easement across the dam;
o Developing a better understanding of the existing ecosystem. The County Dept of Environmental Protection has provided a very rough analysis of environmental constraints via a hand-drawn document mapping significant trees, wetlands and forest buffer; and
o Developing a better understanding of historic/archaeological resources. The Maryland Historical Trust has designated the site as historically significant, due to the presence of a mid-late 19th century grist mill and dam, and a late 19th-early 20th century waterworks.
· May/June 2014. After several meetings with Councilman Tom Quirk, he agreed to host a Fall community meeting to discuss stewardship of the property.
· September 17, 2014 was the first community meeting, resulting in a volunteer workgroup to:
o Brainstorm guiding principles, stewardship issues and goals
o Evaluate options and define the preferred approaches to be shared with the larger community
o Form a stewardship committee in charge of implementation
· A Saw Mill webpage for the Workgroup was created on the NeighborSpace Site, containing various background materials.
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