Board allows one additional house on Montana Way private lane after hours of neighbor testimony; requires recorded road‑maintenance agreement

LEONARDTOWN, Md. — Following extended public testimony and questioning, the St. Mary’s County Board of Appeals voted 4–1 on March 13 to permit a one‑lot minor subdivision that will create an additional buildable lot served by Montana Way, a privately maintained right of way in the Leonardtown area.

The application (VAAP 24‑0338) seeks a variance from the county subdivision standards that would otherwise require an upgrade of the private right of way when more than seven lots rely on it. Board staff reported Montana Way currently serves seven platted lots and four farmsteads. The Cullison parcel is about 6.81 acres; the applicants propose one new single‑family buildable lot intended for family use.

Why it matters: neighbors testified at length that Montana Way is narrow in places, has steep drop‑offs and limited pull‑off areas, and currently lacks a county‑recorded road‑maintenance agreement. Several speakers said business activity at the road’s end increases traffic and wear; others noted past cases where access from Montana Way was denied for nearby lots.

Applicant Chris Longmore, representing Clayton and Jessica Cullison, said upgrading Montana Way to county road standards would be cost‑prohibitive (likely six figures) and would change the rural character of the lane. Longmore told the board the Cullisons propose only a single house — initially for the owners’ parents — and that the property otherwise meets other subdivision and zoning requirements for a buildable lot. He said the property owners are willing to record the required road‑maintenance agreement and to cooperate with neighbors over maintenance and snow removal.

Neighbors urged denial or delay. Representative comments included Heather Farren’s statement that “the majority of the neighbors … ask you to not approve this,” and Heather Wilt’s concern that “I don’t want to add more to it” given the narrow roadway and safety issues for children and pets. Multiple residents said they had not been contacted by the applicants before the hearing and asked for a recorded maintenance agreement and clearer communication among property owners.

Staff noted that a signed road‑maintenance agreement is required by the county’s subdivision procedures and that applicants must record appropriate documents if the variance is granted. Longmore said his clients will execute and record the county form of road‑maintenance agreement and are willing to negotiate additional neighbor maintenance arrangements.

After deliberation the board approved the variance 4–1. The approval includes the condition that the Cullisons submit and record the required road‑maintenance agreement and comply with other pre‑recordation requirements listed in the staff memorandum; staff will prepare the formal order for signature within 60 days. The order’s signature starts a 30‑day appeal period.