Planning Commission approves two family‑conveyance lots on Birch Road in St. Mary's County

On July 28, 2008, the St. Mary's County Planning Commission approved two minor‑subdivision family‑conveyance plans for lots in the Hodges Subdivision (M‑Sub 06‑11000148 Lot 3 and M‑Sub 06‑11000153 Lot 2), subject to recorded agreements guaranteeing access, use and maintenance of the private road that serves the properties.

County staff said the two requests were combined for review because the background, ordinance provisions and required findings were the same even though the recipient family members differ. "Pursuant to section 30.11.4 of the subdivision ordinance, the planning commission may approve an additional lot or lots for the purpose of a family conveyance providing the following requirements are met," David Berry of the Department of Land Use and Growth Management told the commission.

The commission's action matters because both lots will use a private segment of Birch Road. Staff reported that Birch Road is a 14‑ to 16‑foot‑wide gravel road and that the property owner must demonstrate the road is adequate for added traffic; a maintenance agreement suitable for recordation is required before the plat can be recorded. Berry told the commission the county received certified notice to private‑road users and contiguous owners as required by the zoning ordinance.

Jerry Nuckelby, the applicant's agent, said much of the road and the surrounding property has been owned and maintained by the Hodges family for decades. "This property was all owned by the family at one time... the road was built and has been maintained for 63 years by the Hodges family," Nuckelby said, and added his clients will prepare a road‑maintenance agreement prior to recordation.

Staff described other limits required by the family‑conveyance provision: the lots may be transferred only to family members identified by the ordinance, a grantee may not receive more than one lot, and the granter must covenant that a conveyed lot will not be transferred to a third party for at least five years except for severe hardship as determined by the director of land use and growth management. Berry said staff will ensure those conditions are met before plat recordation.

The commission approved the two family‑conveyance plans on separate motions. For M‑Sub 06‑11000148 Lot 3, Commissioner Hayden moved approval with the condition that agreements ensuring access, use and maintenance of the road be recorded prior to plat recordation; the motion was seconded by Commissioner McNeil and approved without recorded objection. For M‑Sub 06‑11000153 Lot 2, Commissioner Payton moved the same condition; that motion was seconded by Commissioner McNeil and also approved without recorded objection.

Next steps for the applicants include execution and recordation of the road‑maintenance agreement and the family‑conveyance agreement, and title verification during the plat recordation process. Staff retains responsibility for verifying those requirements before the plats are filed in the land records.