Board allows 14th lot on private right of way at Williams Refuge, with conditions

The Saint Mary''s County Board of Appeals on May 8 approved a variance allowing a 10-acre parcel in the Williams Refuge subdivision to be subdivided to create a second building lot accessed from Plum Lane and East Plum Lane, private rights of way that already serve 13 parcels.

Stacy Clements, a planner with Land Use and Growth Management, told the board the application seeks an exception to the subdivision ordinance's private-road standards (chapter 20, sec. 3.3) to permit the additional user without upgrading the private right of way to county road standards. "Plum Lane and East Plum Lane currently serve 13 lots and parcels. With this application, they're proposing a fourteenth lot with access onto those private right of ways," Clements said.

Barrett Buckner (presented as surveyor on the record) explained the proposal was reconfigured to minimize environmental impact and shorten the new driveway by accessing East Plum Lane rather than Bushwood City Road after neighborhood concern. Buckner said the owners would record a road-maintenance agreement and noted that the subdivision as proposed depends on retirement of density through the county's density rules and potential use of transfer-of-development rights (TDRs).

Public commenters raised local road-maintenance and drainage concerns. Rhonda Hill, a nearby property owner, said she was satisfied the applicant would access East Plum Lane rather than Bushwood City Road but asked county staff to address recurring drainage problems on Bushwood City Road. "Only concerns we have is the county maintaining and uplifting what needs to be done as far as modifications to our road," Hill said. Director-level staff from Public Works confirmed field visits and offered to follow up with Hill after the hearing.

Board action and conditions: The board found the variance consistent with the subdivision ordinance's purpose and intent and approved the request to allow 14 lots to be served by Plum Way and East Plum Way without upgrading the private ways to county standards (VAAP 24-0244). The board noted that any future development of the outparcel would require additional subdivision review and approvals and that applicants would need to comply with TDR requirements to realize additional density.

Why it matters: The decision allows creation of a new building lot without immediate road upgrades, relying on private-maintenance arrangements and standard future subdivision review for further development. Nearby residents sought assurances that county road maintenance and drainage issues would be addressed even if the new driveway does not use Bushwood City Road.

Follow-up: Staff will prepare an order reflecting the decision; the board recorded a unanimous vote. The applicant's representative said the family intends to proceed with the new lot and will record or coordinate a road-maintenance agreement among users; the outparcel remains restricted until further subdivision compliance is completed.