Planning commission defers Edisto Drive waiver after residents demand written maintenance agreement

MONCKS CORNER, S.C. — The Berkeley County Planning Commission on Aug. 26 deferred consideration of a waiver that would have allowed a one‑lot subdivision to avoid paving Edisto Drive after residents and staff raised concerns about road maintenance and neighbor notification.

Staff told commissioners the application by Legia Esperanza Guerrero Gallo would create a 1.84‑acre lot and raise the number of lots served by Edisto Drive from 21 to 22, crossing the county threshold that triggers paving under section 59‑45 of the county land development regulations. Staff said the applicant would otherwise be required to pave roughly 1,285 linear feet from Highway 52 to the new access point and that a recorded hold‑harmless/maintenance agreement and evidence that affected property owners have been notified are required if the commission grants relief.

Why it matters: Paving would shift long‑term maintenance obligations and costs; residents said the road is privately maintained and that, without a binding agreement and identified funding, responsibility would be unclear.

During public comment, Benjamin Weeks said he has been “basically, the sole person who maintains that road with my own money, my own equipment,” and said he was not personally notified about the application beyond posted signs. Tony Weeks, who described family history on the land, said he opposed paving because residents currently maintain the road and do not want the county’s paving requirement imposed without clear maintenance authority.

Applicant Alma Lacefield said the subdivision would allow a home for her daughter; she told the board she believed neighbors agreed informally not to require paving but acknowledged she did not have written documentation. Planning staff repeatedly told commissioners they were not aware of any recorded maintenance agreement and recommended the applicant obtain written proof that those served by the road agree to a maintenance regime.

Commissioners said they could waive the paving standard only if the applicant supplied a maintenance agreement and proof of notification. The applicant consented to a deferral to obtain the requested documentation, and the commission accepted the consent to defer the item to a future meeting.

What’s next: The waiver will return when the applicant submits a written road‑maintenance agreement (or equivalent proof that all affected property owners agree) and documentation of neighbor notification; county staff said they can provide a template and guidance.

Quotes: “I do not want the road paved… Without some kind of 100% ironclad maintenance agreement of who's gonna maintain it, who's gonna foot the bill for it, I am 100% against this,” resident Benjamin Weeks said. Planning staff warned commissioners a paving waiver requires demonstration that an effective maintenance program is in place and recorded concurrently with the plat.

The commission did not make a final decision on the waiver at the meeting.