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Planning commission approves family conveyance creating one additional lot on Westfield Lane
Summary
The commission approved a minor subdivision (family conveyance) for Lot 7A in Westfield Subdivision (06-11000134), allowing an additional lot on a private road subject to recording a road maintenance agreement prior to plat recordation.
The St. Mary's County Planning Commission approved a family-conveyance minor subdivision (MU-SUB-06-11000134) that creates an additional lot (Lot 7A) on Westfield Lane on Oct. 2007, subject to a recorded road-maintenance agreement.
Staff said the proposed lot meets the criteria in Section 30.11.4 of the county subdivision ordinance for family conveyance and that the applicant agreed to execute a maintenance agreement covering the private road. "Pursuant to section 30.11.4 ... the planning commission may approve an additional lot for the purpose of family conveyance, providing the 8 requirements are met," Bob Bowles said.
Surveyor Jerry Nuckelby told the commission the road has a 50-foot right-of-way and a 10-foot travel way with ample pull-offs, and that the recorded maintenance agreement will be modified to include the new lot prior to plat recordation. "There is a recorded road maintenance agreement ... and this will be modified to include our additional lot at the time of recording," Nuckelby said.
A motion to approve the family conveyance included a condition that agreements ensuring access, use and maintenance of the road be recorded prior to recordation of the plan; the motion passed by voice vote.
The approval requires the owner to record the family conveyance agreement and a maintenance agreement, and the new lot cannot be transferred to a third party for at least five years as required by the ordinance.
