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Planning commission approves family conveyance for Dennis property, conditions road maintenance agreement before plat recordation
Summary
The commission approved a family conveyance subdivision plan for the Dennis property (MSUB 07-11000002) with a condition that agreements on access and road maintenance be recorded before the plat is recorded after public comment about ownership and maintenance of the private road.
The St. Mary's County Planning Commission on Nov. 13 approved a family-conveyance subdivision (MSUB 07-11000002) for the Dennis property (Lots 1 and 2), contingent on recorded agreements assigning access and maintenance responsibilities for the private road before plat recordation.
Bob Boles, with the Department of Land Use and Growth Management, summarized that the item had been continued from a prior meeting for additional information. Boles said the road ownership is recorded as John B. Thompson and that the road has a variable right-of-way width; he reported a good-faith effort had been made to craft a road-maintenance agreement but that it was not yet finalized. "For the record, I'm Bob Boles with the Department of Land Use and Growth Management," Boles said at the start of his presentation.
Neighbors and road users addressed the commission. John Delosier told the commission he had declined meetings because he opposed unspecified costs of improvements and wanted accurate right-of-way and ownership information recorded before signing documents. A Mrs. Gatton and other neighbors described long-term maintenance by a local resident (Mister Gatton) and said the road "does not have to be paved" but does need continued maintenance. Attorney/agent Jerry Nuckabee told the commission a recorded road maintenance agreement exists with multiple signatures but that the agreement did not specify a right-of-way width and that the recorded plats show differing notations; he said the road is "within the right of way as far as we could ascertain."
Commissioner Thompson moved to approve the family conveyance, with the condition that recorded agreements ensuring access and maintenance of the road be finalized prior to plat recordation. The motion was seconded by Commissioner Evans and passed unanimously.
Staff said the approval is allowed under Section 30.11.0.4 of the subdivision ordinance (family conveyance provision) and that staff will confirm the required documents are recorded and plat notes added before recordation to assure the conveyance is limited to a family member and restricted from transfer to a third party for five years, as required by the ordinance.
The commission’s approval applied the family-conveyance criteria and left documentation and plat recordation requirements to be completed by staff and the applicant before final recording.
