Board of Appeals approves variance to allow one additional farmstead on Beam Lane private-road network

On Jan. 23, 2025, the St. Mary's County Board of Appeals approved a variance (VAAP24-0144) allowing an owner to subdivide a roughly 38.32-acre parcel in Leonardtown into two farmstead lots and to use the existing private roads—Josie Way, Beam Lane and Cartwright Road—without bringing Beam Lane up to the county's private-road standard.

The variance matters because county rules normally require private roads to meet specific standards once they serve more than seven lots; the property owner requested one additional farmstead instead of upgrading long private roads that attendees said would be costly. The board voted unanimously to approve the request and staff will prepare the written order.

County staff's presentation said the advertised owner on file is Jane Scass and described the parcel at 21824 Beam Lane as about 38.32 acres; the applicant's counsel said his client, “Mr. Gass,” owns the lot being subdivided and is proposing one 15-acre farmstead and one roughly 23-acre farmstead. The application seeks a variance from the subdivision ordinance's private-road standards (section 30.14.5) so the new farmstead may access Josie Way rather than requiring the road upgrade.

Neighbors and the applicant's attorney described how maintenance of Beam Lane and Josie Way has historically been handled. The applicant's counsel said his client “has done most of the maintenance on this road,” and that the applicant has paid invoices and solicited contributions from neighbors. In public comment, Dr. Anthony Malatesta of 21842 Beam Lane told the board, “Mr. Gas is near retirement and how long is he going to be able to maintain the road?”

Deputy County Attorney John Sterling Hauser fielded a question about firearms raised during public comment and told the board, “Recreational discharge of firearms is not regulated by the county.” He added that commercial shooting operations would require land‑use review if they constituted an established commercial use.

Board members and staff discussed how the county applies the private-road standard to connected private-right-of-way networks and why the variance request included Beam Lane, Cartwright and Josie Way together. A board staff slide and the applicant's presentation showed aerial photos, a plat excerpt and measurements: Josie Way was estimated at about 20 feet at its entrance and narrowing to roughly 12–14 feet in places.

Members of the public described potholes and sections of the roads that they said are not shown in the presentation photos. The applicant said a recorded road-maintenance agreement is not currently on file for the neighborhood; counsel said that as a condition of subdivision approval the new lot owner would be required to record an agreement concerning the new lot's share of maintenance obligations, but that securing a neighborhood‑wide maintenance agreement signed by all owners was not in place.

After public comment and rebuttal, a board member moved to approve the variance "to allow 24 lots and 6 farmsteads to be served by Josie Way, Beam Lane, and Cartwright Road without upgrading Beam Lane to private road standards." The motion passed unanimously. Staff will prepare the order and circulate it; an aggrieved party has 30 days after the order is signed to appeal to circuit court.

The decision does not change the county's process for future requests on the same private‑road network: any further subdivision that increases the number of lots served by this network would require a new application and review by the board.

Votes at a glance: VAAP24-0144 — Approved (unanimous).