More housing units cleared for construction permits at Clarksburg

After a week-long delay, Montgomery County planning board members Thursday approved an order to release 65 more building permits for Clarksburg Village.

The only caveat is that the developer must first provide written assurances the project’s seven builders are not deceiving homebuyers about the ongoing zoning problems at Clarksburg.

Concerns were raised last week about what is being told to potential purchasers when staff members discovered some builders are still selling lots, even though Elm Street Development Inc. is months away from completing a compliance plan to deal with zoning issues.

Board President Derick Berlage also showed promotional material he received by mail advertising a special deal on Clarksburg property that, in his mind, did not adequately spell out the possibility that the development’s design could change.

At this week’s meeting, Vice Chairwoman Wendy Perdue said she was worried not about the 65 units up for debate — since they are in locations that would fill up blocks and not interfere with Elm Street’s compliance plan — but about the sale of the hundreds of other units in phase one.

“There are reasons to go forward with these 65; it’s a better community for the people who are there if more houses are built,” Perdue said. “On the other hand, it would be of great concern to me if the conduct on the part of the builder was in less than good faith. … Homebuyers are being told, ‘Come here, buy fast’ and then as they’re about to sign up, ‘Did we mention that we might not be able to build that house?’ That’s an odd posture for a buyer.”

The lone board member who voted against the release of the permits was Meredith Wellington, who said she was disturbed by the revelation that lots still are being sold.

“Buying a house is a very major decision in a person’s life; it’s most peoples’ largest asset,” she said. “I am not comfortable issuing permits when we have this going on.”

Altogether about 200 housing units have been built at Clarksburg Village. With the exception of the 83 permits Planning Board members released in May, staff members have stopped reviewing permits for any properties until an ultimate settlement with the developer is reached in September.

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