Planning commission approves family conveyance creating an extra lot on private Briscoe Thompson Way

The St. Mary's County Planning Commission on Jan. 28 approved a family conveyance for the land of Edna Thompson (MSUB 071100047), allowing creation of an additional lot on the private Briscoe Thompson Way, with conditions including a recorded road maintenance agreement and a five‑year prohibition on resale to a third party.

County planner Bob Boles told the commission the application meets the family conveyance rules in the St. Mary's County Subdivision Ordinance, section 30‑11‑4, and that the lot will be conveyed to a son of the property owner. Boles said the request would bring the total number of improved lots served by the private road to eight and that the applicant has agreed to execute and record agreements ensuring access, use and road maintenance prior to plat recordation.

Neighbors spoke during the public comment period. Jerry Thompson, who identified himself as a family member who helps maintain the lane, said he had no objection. Eric Sweeney, who lives opposite the proposed lot, said he believed a road maintenance agreement had been recorded when he bought his property and urged confirmation of recordation and shared maintenance responsibility. Karen Thompson asked to confirm that the family‑conveyance restrictions require a family owner for five years and whether transfer of development rights (TDRs) or future subdivision could affect the parcel; staff and the commission clarified that the five‑year restriction applies to the family conveyance provision and that road improvements or county road standards would be required for any future full subdivision.

Commissioners asked staff about the road width, condition and whether existing maintenance agreements were on record; Boles said the applicant reported a 40‑foot right‑of‑way with an 18‑foot gravel travel way and that the applicant would provide a maintenance agreement suitable for recordation. Boles recommended approval with the condition that agreements ensuring access and maintenance be recorded prior to plat recordation.

A motion to approve the family conveyance, with the condition that required agreements be recorded before plat recordation, passed by voice vote; the commission recorded the action as approved and directed staff to verify the required recorded documents prior to final plat recordation.

The approval is limited to the family conveyance criteria in the subdivision ordinance; any future subdivision that would change road status, increase lot counts beyond standards for private roads, or convert the private road to a public road would require separate review and county approvals.