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Planning commission approves three family-conveyance lot requests; road-maintenance conditions required
Summary
At a February 2008 meeting the St. Mary's County Planning Commission granted preliminary approval to three minor subdivisions under the family-conveyance provision, subject to recorded maintenance and access agreements. Two approvals were unanimous; one passed 6–1.
St. Mary’s County Planning Commission members approved three preliminary minor-subdivision requests under the county’s family-conveyance provision during their February 2008 meeting. Staff told the commission each applicant agreed to record access and road-maintenance agreements before plat recordation.
Key outcomes
- MSUB 06-110000076 (Part of North Hollywood, Lots 4 and 5): Planning staff said the application met the eight criteria for family conveyance under the county subdivision ordinance (section 30.11.4). The commission approved the family-conveyance subdivision with the condition that recorded agreements ensuring road access and maintenance be in place prior to plat recordation. Motion by Commissioner Evans, second by Commissioner Chase; vote unanimous.
- MSUB 07-110000092 (Somerville Subdivision, Lot 7): Staff reported the 3-acre parcel already existed as an out-parcel and had acceptable percolation tests; the applicant agreed to record road-maintenance language. The planning commission approved preliminary family-conveyance subdivision with the same condition. Motion by Commissioner Chase; second by Commissioner McNeil; vote unanimous.
- MSUB 07-11000109 (Catherine Milner / Naylor property): Staff again recommended approval conditioned on recorded access/maintenance agreements. The commission approved the family-conveyance subdivision plan by a 6–1 vote; Commissioner McNeil recorded the sole “no” vote. The approval requires the grantor and grantee to complete a recorded family-conveyance agreement and a maintenance agreement prior to plat recordation.
What staff said: Bob Boles of the Department of Land Use and Growth Management summarized the ordinance requirements, including that conveyed lots be limited to family members of record at the ordinance effective date, that a grantee may not receive more than one lot under the provision, and that the grantee may not transfer the conveyed lot to a third party for at least five years. “The applicant has met or agreed to meet all the criteria of this section of the ordinance, including the family conveyance and road maintenance agreements,” Boles said about the first application.
Road maintenance and neighborhood concerns: Several applicants presented maps and photographs of existing private roads and explained that the roads vary from 10- to 24-foot travelways within recorded rights-of-way. Agents and surveyors said many of the private roads already have road-maintenance agreements; staff and the commission conditioned approval on updating or recording maintenance agreements to assure long-term upkeep. For one application neighbors testified about concerns that incremental approvals on a private road could increase traffic and leave maintenance burdens unevenly distributed; commissioners and staff noted the recorded agreement requirement was intended to address that.
Next steps: Each preliminary approval is conditioned on recorded agreements ensuring access, use and maintenance of the private road before the subdivision plat can be recorded in the St. Mary’s County land records.
