Tree-Cutting Proposal Near C& O Canal Spurs Debate

A developer wants to cut down a swath of trees where he is building a home overlooking the C&O Canal in Potomac, arguing that the Americans with Disabilities Act gives him the right because his two young children are allergic to nuts on the trees.

The request from Aris Mardirossian -- a self-made millionaire, holder of multiple patents and prominent Montgomery County developer -- goes before county planners tonight.

Mardirossian's plans for a three-acre tract off River Road where he intends to build his dream house have reignited debate over land use along the national park two years after a controversy over trees that were cut down on Redskins owner Daniel Snyder's nearby property. Many local residents are opposed, saying the park's ecosystem should not be altered for the allergies of Mardirossian's children, who are 6 and 7.

Critics of the project also say a proposed wrought-iron fence surrounding the property would interfere with well-worn animal paths along the canal.

"This would be a bad place to raise children who have an allergy to nuts whether he cuts down some of the trees or not," wrote Rockville residents John and Judy Mathwin to the county planning board. "If this is a serious concern of the owner, he should move. Please do not grant this exception. Should you grant this exception you may find a number of allergies developing among the privileged people living in this area."

The fight has grown so contentious that Mardirossian has twice filed a defamation lawsuit against a prominent civic activist who raised questions about his plans.

Mardirossian, 56, reached by telephone, said he had been advised by his attorneys to refrain from commenting. "The story will come out on Thursday, and it is quite a story," he said, referring to tonight's planning board hearing.

The National Park Service inadvertently granted Mardirossian permission to proceed last year, said Kevin D. Brandt, superintendent of the Chesapeake & Ohio Canal National Historical Park.

Brandt said the agency had been negotiating with Mardirossian and did not realize that his engineer, Huron Consulting, had submitted a letter that formally started a 30-day clock.

By failing to reply in the time frame, the park service essentially approved Mardirossian's plans to cut the trees and build a fence, though the agency did express, in writing, concerns that the proposed location of the house, deck and pool near steep slopes could create harmful runoff.

The park service's action comes two years after the agency was criticized by the Interior Department's inspector general for allowing Snyder to cut down more than 130 trees in 2004. The Redskins owner, who failed to get the necessary county permits, eventually paid $37,000 in a settlement with the county.

The county Department of Permitting Services, relying on the park service's approval, issued a permit for Mardirossian's fence. It hasn't been built, and plans for the property have been under review by the planning board's staff since August. The agency can reject the plans or seek changes if it finds that the environmental damage would be too great.