BELMONT MANOR

BACKGROUND: In 1964, the Smithsonian Institution purchased Belmont from David Bruce. The purchase price for the 350-acre property was about $500,000. The Smithsonian established and ran a conference center at Belmont and continued ownership until 1983.

In 1983, the Smithsonian divided the original 350-acre property into two parts. One part, 268 acres, was sold to the State of Maryland for $1,168,755 (the “DNR property”), the fair market value of the property at that time[1]. The remaining acreage (68.26 acres around Manor House and 13 acres around the Dobbin House) were sold to the American Chemical Society (“ACS”) for $780,000.

When the Smithsonian sold the original Belmont property to the American Chemical Society in 1983, it created an “Architectural and Scenic Easement” by granting to the Maryland Historical Trust (“MHT”) certain rights and authorities to monitor, approve or disapprove modifications to the existing buildings or the construction of new buildings on the property, and to monitor the maintenance of the Manor House. There are no current violations of the easement in effect.

The American Chemical Society operated Belmont as a conference center from 1983 until 2004. In 2001, Belmont opened itself to use by Howard County organizations and citizens; prior to that time, Belmont remained a well kept secret. Since then, however, under the ownership of both the American Chemical Society and HCC, Belmont has become a strong resource for the Elkridge and greater Howard County communities.

DEED OF EASEMENT: The Smithsonian granted to MHT a Deed of Architectural Exterior and Scenic Easement (“Deed of Easement”) over 68.26-acre Belmont Manor that was subsequently sold to ACS.[2] This Deed of Easement is divided into two zones, Zone 1 and Zone 2. A plat is attached that outlines these two zones.

Zone 1 includes the land, consisting of about 28 acres, that incorporates the Manor House, the vista from the front of the Manor House looking south and east, and the back of the Manor House to the cemetery, including the existing rear gardens. Provisions of the easement that affect Zone 1 include the architectural aspects of the original exterior façade and roof of the Manor House, the stone smoke house, the slave quarters, and the exterior front façade and the east and west sides of the stone barn (the “Protected Buildings”).

Zone 2 of the Deed of Easement created a scenic easement that was designed to protect “the essential historic and cultural aspects of Belmont House.” Zone 2, which consists of approximately 40 acres, is divided by the Zone 1 property, with a portion to the north of the Manor House and a portion to the south of the Manor House.

ZONE 1 REQUIREMENTS: In essence, no alterations, improvements or other changes may be made to certain portions of the Protected Buildings without prior approval of the Maryland Historical Trust.[3]

Certain trees may not be removed unless they are dead or dangerously decayed, and above-ground utility or transmission lines or regulated. Of particular importance, additional buildings, facilities or structures may be built in Zone 1 only with the prior approval of the Maryland Historical Trust and only if such construction is “reasonably related to the use and maintenance of the property.”

Within the architectural easement, there is a further limitation regarding Zone 1. There can be no industrial or commercial activity that would require the altering of the original exterior façade of the Manor House, the stone smoke house, the slave quarters, or exterior front façade and the east and west sides of the stone barn.

The Manor House is further protected under the easement. The Manor House must be maintained so that “the exterior appearance of said house (including, without limitation, all of the exterior walls, roofs, and chimneys) in a good and sound state of repair….”

ZONE 2 REQUIREMENTS: The purpose of Zone 2 “is to permit additional facilities and structures to be constructed on the subject property, to maintain the economic viability of Belmont.” No structure may be taller than the Manor House (elevation of 383.14 feet). Excavations, except in maintenance of access or the construction of additional structures as permitted under the easement, are also limited.

The term “economic viability” is not defined in the easement, and it is not a term of art recognized under Maryland case law. However, since the Smithsonian was operating Belmont as a conference center, and since other provisions of the easement contemplate that commercial activities would be undertaken on the property, this term must be considered as being applied to the economic viability of the business interests that may be undertaken at Belmont from time to time.

Existing structures may be altered or expanded; provided, however, that any such changes to the Protected Buildings shall not be made without prior permission from the Maryland Historical Trust. If such alterations or expansions are approved, they must be removable in the future without permanently impairing those buildings.

MHT’s ENFORCEMENT RIGHTS UNDER THE EASEMENT: MHT is a state organization under the Maryland Department of Planning. Among many other things, MHT is charged with enforcing approximately 700 easements across the State of Maryland. In the case at Belmont, the easement defines MHT’s obligations and responsibilities. These include the right of MHT to enforce the provisions of the easement, through regular inspections of the Manor House (both inside and outside), and to control the construction of any structures on the property by requiring that permission be obtained by the owner of Belmont before and structures are built, among other things. MHT uses an Easement Committee drawn from employees and experts at MHT to review any alleged violations of the easement and to approve any plans for construction. This Easement Committee then makes its recommendations to the Director of MHT, who is charged with making the ultimate decision about any issue. Appeals from a decision of the Director may be taken to MHT’s Board of Trustees.

1. Does the easement require that a Master Plan for Belmont be approved by MHT? The short answer is “no.” The easement does dictate whether structures can be built at Belmont, and for each structure, MHT must be satisfied that it is required to help provide for the economic viability of the Belmont Conference Center. There is no provision in the easement that suggests that a master plan be prepared or approved by MHT. Indeed, the current master plan was prepared solely as a planning tool to help HCC plan for possible future activities at Belmont. It was never intended to establish final design parameters for Belmont. Therefore, MHT would not be able to evaluate the master plan using the criteria set forth in the easement, with the result hat neither approval nor disapproval could be provided at this time.

2. Does MHT determine what activities can be held at Belmont? No, MHT has no authority under the easement to approve any activities at Belmont. The easement does give MHT the responsibility for preserving the scenic features so that “the essential historic and cultural aspects of Belmont House will be preserved,” while allowing “additional facilities and structures to be constructed on the subject property, to maintain the economic viability of Belmont.” This type of easement is sometimes called a “sticks and bricks” kind of easement since “use” is not a direct factor.

3. Are there any current violations of the easement at Belmont that have not been resolved? No. There was one incident shortly after Belmont was sold in late 2004 involving a vent that was constructed at the Manor House. Because of the sale, the Howard County Health Department required proper ventilation be provided for the kitchen, something that was not required of the prior owner, the American Chemical Society. The vent was added to the Manor House without first obtaining permission from MHT. HCC and MHT worked together, however, to correct this problem in a very timely and cooperative manner. Since that time, MHT has noted no further violations of the easement.

4. Has HCC involved MHT in the master plan process for Belmont? From the very beginning, representatives of HCC have worked closely with the Director and staff at MHT to seek advice and direction regarding matters relevant to the easement. For example, prior to the purchase of Belmont, representatives of MHT met with HCC several times to discuss possible uses of the property. The proposed master plan was discussed with the Easement Committee at MHT, on an informal basis, in January 2006, well over one year ago. And, MHT has provided oversight for the improvements to the Carriage House and has granted permission to make improvements to the Stone Barn. Thus far, there has been a very positive and substantial history of cooperation between MHT and HCC about Belmont.

5. Is MHT responsible for ensuring that Belmont Manor is well maintained? Yes. HCC, when it took possession of Belmont, agreed to “maintain the [Manor House], and the exterior appearance of the said home… in a good and sound state of repair.” Further, MHT may make inspections, both of the interior and the exterior of the Manor House “to ensure maintenance of structural soundness.”

6. Why is HCC the proper steward of Belmont? The prior owners of Belmont, the Smithsonian Institution and the American Chemical Society, had no other contacts to Howard County or to Elkridge. Thus, they didn’t treat Belmont as part of their home. HCC is all about Howard County, and HCC’s mission is to honor and preserve Belmont’s history, while integrating Belmont into the fabric of Howard County. By developing a business model that incorporates developing and maintaining Belmont as a world-class conference center, while educating its students to satisfy a growing need for people in the culinary and hospitality industries, and integrating Belmont into the community, HCC is proposing a sustainable business model that will benefit both Belmont and our community long into the future.

7. Will HCC’s proposed use of Belmont hurt Belmont? Actually, it will be just the contrary. By developing a sustainable business model, the care and maintenance of Belmont will no longer be side thought, but will be a focus for HCC. This is because a major component of HCC’s business plan is maintaining the Manor House and scenic easement at the highest of levels. This was not always the focus of the prior owners[4]. Also, for those who believe that “Belmont can be loved too much,” there is the satisfaction that maintaining the structural soundness of the Manor House is an integral part of MHT’s responsibilities under the easement. It should be noted, however, that the current and proposed number of people who visit Belmont each day is fairly minimal. According to statistics provided by the neighbors, there were approximately 87 people, on average, visiting Belmont each day in 2006.

[1] State procurement regulations required that the fair market value be paid.

[2] See the Deed of Architectural Exterior and Scenic Easement that was filed in the Land Records of Howard County, Maryland at Liber 1191, folio 164. Note that easement is NOT a conservation easement or an environmental easement.

[3] The Deed of Architectural Easement details precisely those portions of the Protected Buildings that fall within the purview of the easement.

[4] For example, the Stone Barn’s condition of deterioration is a major concern to HCC. There was no investment by the prior owners in maintaining this wonderful feature at Belmont.