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Commission tables Dennis family-conveyance minor subdivision after neighbor notice concerns
Summary
A proposed family-conveyance minor subdivision for Dennis Property Lot 2 (07-110000002) on Hill Road was tabled after objections from a neighboring owner about notice and right-of-way documentation; the planning commission asked staff and the surveyor to verify right-of-way deeds and encouraged parties to resolve a road-maintenance agreement.
The St. Mary's County Planning Commission tabled a proposed family-conveyance minor subdivision (MU-SUB-07-110000002) for the Dennis property on Hill Road on Oct. 2007 following objections from a neighbor who said certified notice of the meeting was not received and concerns about whether the 50-foot right-of-way and maintenance agreement documentation were complete.
Staff presented the application as a request for an additional lot on a private road in accordance with Section 30.11.4 of the subdivision ordinance and reported the applicant had submitted materials and agreed to record a maintenance agreement. Surveyor Jerry Nuckelby said the owner and his son were present and that signatures had been gathered from most users; he acknowledged a tax-map omission had caused one resident to miss earlier notice but said Nuckelby Survey had attempted notification.
Neighbor John DeLozier and his mother, Kathy DeLozier, who own multiple lots on Hill Road, told the commission they had not received certified notice and raised questions about the road maintenance agreement, whether the 50-foot right-of-way actually exists across the entire length of the road and whether past deed descriptions were accurate. "I was not notified of this meeting," Kathy Delosier said. She and other neighbors described recurring problems with traffic and usage at the end of the driveway near the Dennis property.
Planning commission members expressed concern about the alleged notice irregularity and requested staff verify deed references cited for a 50-foot right-of-way (MRB52268 and MRB52273) and confirm who holds legal title to the road right-of-way. At least one commissioner said verifying ownership and ensuring all affected parties had been properly notified warranted delaying action.
A motion to table the Dennis family-conveyance application passed by voice vote. The commission asked the applicant and neighbors to try to resolve differences and directed staff and the surveyor to recheck deed records and bring the item back when notice and documentation questions are resolved.
