To: Baltimore Sun Editorial Page
January 8, 2012
Concerning your recent article about the Essex SkyPark
I would like to point out and clarify the Essex SkyPark Association's (ESA)
understanding of the Shapiro Property easement. This easement was prepared by the
Trust for Public Land for Mr. Shapiro before Baltimore County acquired the property. It
was the Shapiro's Trust decision as landowner that determines what conditions would be
placed on the property. Upon donating the property to Maryland Environmental Trust
(MET) Mr. Shapiro put in the stipulations that he wanted MET, as the recipient of the
easement, to be responsible for assuring that the conditions and the conservation values
of the easement are upheld. Any issues that MET has are enforceable upon the owner of
the property which is now the Baltimore County. The perpetual easement dated
December 28, 2000 from the Shapiro Trust "grantor" to the Maryland Environmental
Trust "grantee" is the guiding document that controls the land. Paragraph A8 states "The
continued operation and use of the existing airport, provided however that (a) in
the event there has been no airport activity for one year, the present use of the airport shall
be deemed abandoned." It is very clear Messrs Gardinia and Mohler plan to force the
pilots out and state the airport has been abandoned as a way around the easement and
completely ignore the intent of the perpetual Shapiro Trust document. The ESA has never
been told we had to have an exit strategy or make plans to move. Our course of action
was always to stay at the airport as stipulated in the easement. The county signed off on
two grants from the Maryland Aviation Agency for a new runway and lights. They also
signed off on removal of certain trees that were causing safety issues to aircraft
operations. The Army Corps of Engineers also signed and approved the removal of the
obstructions. Both documents are dated September 2011. ESA just completed the repair
of a storm damaged roof on our community hangar at a cost of $38,000.00. Our course
of action and the county's course of action with their approval letters and e-mails over the
past five years would indicate ESA and Baltimore County were not discussing an exit
plan or a gradual move to another site as stated by the county attorney in a letter dated
November 18, 2011. It is inconceivable to the ESA that the county would completely
ignore the fact the Lower Back River Community Action plan dated in 2000 supports the
continued use of the airport. This was confirmed by Carl Maynard, President of the Back
River Community Association, in The Baltimore Sun article. I believe Mr. Kamenetz
needs to counsel his direct reports and explain course of dealings and it's implications as
they pertain to agreements both verbal and written.
From Brian Dolan Financial Chairman Essex Sky Park Association