Board of Appeals upholds planning director on W.A. Fraser Farmstead Lot 3 subdivision

St. Mary's County Board of Appeals members voted 3–2 on Oct. 11, 2007, to uphold the Planning Director's approval of a minor subdivision that would divide Lot 3 of the W.A. Fraser Farmstead into additional five-acre lots.

The appeal, filed by Alexandra Way resident Mike Lammon, argued that a note recorded on the original subdivision plat (General Note 13) prohibited further subdivision of the farmstead lots until the private road serving the subdivision was upgraded and made public. Lammon told the board he and other neighbors had bought into what they understood to be an eight-lot, low-density development and that the plat note should be enforced as a recorded restriction.

The board heard testimony from several adjoining property owners, including Richard Surback and Cutler Fenwick, who described the private road as narrow with blind curves and said additional lots would increase traffic and safety risks. Property owner George Nussberger and his wife, Joan Nussberger, told the panel they had followed county staff guidance and had sought the subdivision approval after confirming with…