Howard County Board of Appeals hears appeal over stream‑buffer and specimen‑tree waivers for 3956 Old Columbia Pike

ELLICOTT CITY, Md. — The Howard County Board of Appeals on Thursday heard an appeal from property owners Aghila Sundaram and Mukesh Kumar challenging a Department of Planning and Zoning (DPZ) panel decision that denied two alternative‑compliance requests for a proposed two‑lot subdivision at 3956 Old Columbia Pike.

The petitioners asked the board to reverse the panel’s denial of (1) a waiver to remove three specimen trees and (2) a waiver to allow disturbance within the 75‑foot stream bank buffer to construct a driveway, utilities easement and a stormwater pond. Appellants’ counsel (identified in the hearing as “Mr. O”) argued the denials prevent the property owners from creating a legally allowed second lot on a 1.15‑acre parcel and raised concerns about a possible regulatory taking. The board recessed the hearing to obtain legal guidance and set deadlines for further filings and a deliberation date.

Appellants’ case and engineering testimony

Appellants were represented at the hearing by counsel identified in the transcript as Mr. O. Mr. O framed the appeal around two central facts presented by the appellants’ engineering witness: the lot’s size and shape, and the presence of a stream and associated buffer that cross the rear of the parcel. Mr. O told the board the three‑member DPZ panel (the director of DPZ, the director of Recreation and Parks, and the director of the Office of Community Sustainability) “did not understand the constitutionality” of denying the waivers and urged the board to reverse the decision; he also said the appellants would ask the board to order refund of appellate fees if the panel’s denial is overturned.

Sam Alomer, a civil engineer who gave testimony for the appellants, described the property and the proposal. Mr. Alomer identified himself as “Sam Alomer” and said he is “the president of Miltenberg, Bowinder and Associates.”…