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Board approves variance to allow two lots off Crier Farm Lane without upgrading private road
Summary
The Board of Appeals approved VAP25‑0341 to permit a two‑lot subdivision (Norris) served via a 22‑ft access easement from Crier Farm Lane without upgrading private roads to county standards; the board required applicants to sign a road maintenance agreement and noted broader concerns about private‑road regulation in the comprehensive plan review.
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The St. Mary’s County Board of Appeals on March 12 approved a variance allowing two additional buildable lots from an agricultural parcel to be served by existing private roads (Crier Farm Lane/Robert Norris Lane) without upgrading those roads to county public‑road standards.
Staff said the Norris property is about 8.79 acres in the Rural Preservation District and that the applicant proposes two buildable lots accessed by a proposed 22‑foot easement off Crier Farm Lane. The plat and public notice were completed in February; staff noted the applicant will need two transferable development rights (TDRs) and a road maintenance agreement as part of any subdivision approvals.
Applicant counsel Steve Vaughn described the proposed access alignment and explained the existing 20‑ft right‑of‑way and how the proposed 22‑ft easement would connect to Crier Farm Lane. Sarah Norris testified that the family has historically maintained the private road and that informal maintenance arrangements exist among property owners. Board members queried staff on parcel counts (discussion whether nine vs. ten existing served parcels), septic and barn locations visible on aerials, and whether the action could encourage further piecemeal subdivisions on private roads.
Several members cited emergency‑access and public‑safety concerns for long, narrow private roads and said the recurring pattern of small subdivisions on private lanes is a matter the comprehensive plan review should address. Staff responded that new subdivisions must include a road maintenance agreement and confirmed the required TDRs for development rights.
After deliberation the board voted unanimously to grant the variance; staff will prepare a written order within 60 days, and the 30‑day appeal period will follow signature of the order.

