The sale of any existing units is also on hold at least until the developer has a modified site plan approved by the planning board, whose next meeting is not scheduled until December.
The turnabout – until last week’s hearings, the town staunchly supported the developer’s actions – came after a blistering presentation by plaintiffs’ counsel, Steven N. Mogel, of the results of a court-ordered site inspection of the property.
“Until this inspection,” Mr. Mogel said, “we only believed that illegal additional apartments were being built in this development. Now we know – they are already there.”
He then opened an easel and presented picture after picture, blown up from the inspection report, showing separate boilers and heating units, separate plumbing and separate electric panels – all clearly marked for separate apartments in the townhouse units. Accessory apartments are illegal in the zone in which the development is built.
The developer’s counsel, Joseph Haspel, attempted to defend. “In my own house,” he said, “I have three electric panels, not counting my barn.” Judge Kelly appeared unconvinced. “In your house,” he shot back to Mr. Haspel, “are they also marked for separate apartments?”
But Mr. Mogel did not stop there. He produced a series of pictures showing an additional kitchen installed where the plans showed a walk-in closet. Mr. Mogel explained that this new Pesach kitchen is needed since the Pesach kitchen called for on the plans was now the primary kitchen for the additional apartment. The builder apparently made no attempt to hide the switch from walk-in closet to kitchen: studs are marked “Pesach kit,” “stove” and “sink,” and what was supposed to be a closet has gas, hot and cold water lines and a plumbing drain.
“Although I’m reluctant to use the term in a civil action,” Mr. Mogel said, citing what he deemed were material misstatements made by the developer in his building permit application and condominium offering plan, “ but this is a fraud committed on the town, the neighbors and the Attorney General.”