Official Defends Altering Site Plan

Moreover, staff can make additional changes through "staff amendments" that don't require public hearings or a vote by the board.

According to officials, initial plans for Clarksburg Town Center stated that residential buildings could be four stories or 45 feet. But when the developer submitted the site plan in 1998, the height requirements in the official report were 35 feet for townhouses and 45 feet for multi-family buildings. The staff report, however, continued to maintain the limits were four stories.

Witthans said she was just trying to get the site plans to conform to the staff report and earlier plans. Although she now concedes that was improper, she said her hectic workload, driven by the crush of development in the county, contributed to her actions.

Krasnow, the former mayor of Rockville, said she understands Witthans's frustrations. "I have . . . the most overworked and understaffed division that I have ever been associated with."

Planning officials are expected to recommend that the board fine Newland and five builders about $1.2 million. That would be one of the largest penalties ever levied against a developer in Montgomery County, Krasnow said.

But residents who uncovered the violations want a steeper penalty and a broader inquiry into how the subdivision was planned and built.

According to the plans, Newland was responsible for building a tree-lined walkway, connecting the new homes with Clarksburg United Methodist Church and the rest of the town's historic district.

Amy Presley, a Clarksburg resident, said that area is "now nothing but an asphalt street with townhouses flanking each row."

Presley wants the board to review the matter as well as whether Newland has been too slow to build promised amenities. The site plan states that "all community wide facilities" must be completed before the 540th building permit is issued. Officials said Newland has finished at least 700 homes.

Calls to Newland were not returned yesterday.