Montgomery to Probe Alteration of Site Plan

Charles Maier, a spokesman for the developer, Newland Communities of San Diego, said the company abided by all relevant laws. "We have built each and every home in strict compliance with government plans," Maier said.

Council members are demanding an investigation. "I believe the credibility of Park and Planning and all of these agencies are at stake," said County Council President Tom Perez (D-Silver Spring), who said the council could hold a hearing on the matter next month.

The alleged building and setback violations, first reported by the Washington Times, were uncovered by about 15 residents who formed the Clarksburg Town Center Advisory Committee after a dispute with the developer.

The residents, most of whom bought their homes in 2003, said they moved into the community after assurances that it would have a pedestrian-friendly town center with shops, cafes and an upscale grocery store. Instead, the residents said, Newland was trying to build a conventional suburban strip mall.

Concerned about the direction of their yet-to-be completed subdivision, they began to investigate. The group said it discovered that many townhouses were taller than the maximum 35 feet for single-family homes.

The group took the evidence to several county officials, including council member Michael Knapp (D-Up County), who contacted Derick P. Berlage, chairman of the Planning Board. Berlage told Knapp in a Dec. 23, 2004, e-mail that there were no height violations.

A spokeswoman for Berlage said he could not comment because of his role as a member of the Planning Board.

In an April hearing requested by the group, Witthans produced a site plan that had "35 feet" blacked out and replaced with "four stories." Board members, who declined to comment, ruled 4 to 1 that there were no height violations.

After a copy of the original site plan was found, the residents committee approached Loehr about the apparent discrepancy.

On May 10, Loehr left a phone message at the home of Amy Presley, a leader of the group. "Wynn did admit that she changed the drawing after you all brought the height issue to her," he says in the message, which Presley saved.

Although 35 feet was the prescribed height in the legally binding site plan, officials said, less formal staff reports put the limit at four stories.

Why Witthans might have doctored the plan remains a mystery. Council member Nancy Floreen (D-At Large) said Witthans was a longtime employee with a solid reputation.

"It's not like it's a person who's not familiar with the high standards of ethics," Floreen said.