Minutes
Advisory Neighborhood Commission 3D
December 6, 2006 Monthly Meeting
The regularly scheduled monthly meeting was called to order at 7:05 PM by Chair Alma Gates. Commissioners present: Heuer, Haas, Thompson and Mullane. Commissioner Shapley arrived shortly after the start of the meeting. Commissioner Wells was late with prior notice.
Police Report
After announcing the date of the 2nd District Metropolitan Police Christmas party, Officer Tony McElwee reported there were 11 crimes in PSA 205 in November, down from 19 for the same period of 2005. Crimes included the daytime robbery of a Bank of America branch near the corner of Massachusetts Avenue and 49th Street. There were two burglaries of homes: on the 4200 block of Reservoir (entry through an unlocked front window) and the 5000 block of Klingle (entry by breaking rear window).
Officer McElwee said the police are available to make community presentations about home and neighborhood safety issues. Following a series of three robberies in the Wesley Heights area a presentation requested by Commissioner Mullane drew about a hundred neighbors.
2007 Lawyers Have a Heart Race Presentation – Patty Burke
This year’s Have a Heart Race will be held on Saturday, June 9. It begins at 8:00 a.m. and will conclude before 11 a.m. It will follow the same route as previous years, beginning in Georgetown and going out and back along Canal Road.
Chair Gates moved to approve the race. Commissioner Shapley seconded. Commissioners voted 6-0-0 to approve the event.
Thanks to Departing Commissioners
The Chair noticed retiring Commissioners Hugh Mullane and Sarah Shapley for their two terms of service on the Advisory Neighborhood Commission.
Presentation of Georgetown University Construction Traffic Management Plan – Linda Greenan
Excavation for a 170,000-square-foot business school was begun in November and is set to continue for 4 weeks beyond the date of this meeting. Dump trucks follow one of two paths: north on MacArthur to Loughboro and Dalecarlia Parkway; or south along Canal Road to Key Bridge. Trucks are averaging 30 in number per day. In comparison, the daily truck count during construction of the quadrangle was about 300.
The light at Georgetown’s rear entrance on Canal Road is supposed to be blinking but has been operating, at times, as an ordinary signalized light. Ms. Greenan said the light is controlled by DDOT and that it should always be blinking yellow. For more information she gave out the contact number she has for DDOT: (202) 687-5677.
Presentation by Palisades Citizens Association Airplane Noise expert Mat Thorp on study regarding use of Potomac River as flight path
Mat Thorp provided written information on the study results to date, as well as news coverage. The bottom line is that few airplanes headed for National Airport are using visual navigation along the river as they should be.
Residents with complaints about airplane noise should, at this point, contact Mat rather than one of the local airport noise complaint numbers. Mat’s phone number is (202) 363-4048 and his e-mail is mat.thorp@verizon.net.
Public Space Application for purpose of installing one driveway at 2913 University Terrace, N.W. – Joel Hafner, owner’s landscape architect
This address is in Chairman Gates’ district.
Chairman Gates explained that the application is actually not for a new driveway but for a proper apron for an existing driveway. Mr. Hafner, who lives in Gaithersburg, did not attend but informed the Chair prior to the meeting by phone that the intent of the owner is to install an apron that will complement an existing next door apron. She recommended approval of the application.
Chairman Gates moved to approve the application. Commissioner Heuer seconded. The vote was 6-0-0 in favor of approving the application.
Public Space Application for relocation of driveway at 4840 Dexter Street, N.W. – Mr. Michael Banks
This property is in Commissioner Mullane’s District. The Commission voted 6-0-0 to deny an application for a circular driveway at this location at its regularly-scheduled September meeting.
On this evening Mr. Banks presented revised drawings with a parking pad/turnaround in front of the residence which appeared to be a variation of the previously proposed circular driveway.
Chair Gates handed out copies of DCMR 11 (Zoning) §2116.2 which prohibits parking or the location of parking spaces in the front yard of a residence.
Commissioner Mullane distinguished between circular driveway - which cannot be used for parking but only for loading or circling around - and the proposed new parking pad which would clearly fall under §2116.2.
Mr. Banks said that in contrast to the earlier plan for a circular driveway, the grade for this space will remain unchanged. It would not necessarily be used for parking but could be a place to pull in and pick up kids.
Commissioner Shapley supported the request citing the ability of the owner to pull into the front yard to pick up children or deliver groceries. Chairman Gates noted the driveway would afford the same convenience as the parking pad.
Commissioner Mullane said he believes Mr. Banks has an obligation to obtain neighbors’ support. Commissioner Thompson said it was not of concern to her how many other houses may have circular driveways, as the area is losing tree cover and there ought to be rules on percent impervious surface. Chairman Gates asked the Banks’ to come back with driveway plans that do not have any parking in the front yard.
Commissioner Mullane said he doesn’t see this case as a tipping point in environmental terms but does see an aesthetic dimension. He said he would like to see the Banks come to terms with their neighbors. Commissioner Shapley agreed.
Chairman Gates noted that Councilmember Patterson recently spearheaded a change to the language in DCMR 11 (Zoning) to permit parking in a circular driveway.
Commissioner Mullane said his recommendation was to reject the proposed new driveway plan for two reasons: a) its failure to conform with §2116.2; and b) objections from neighbors. He said he didn’t want to base the decision on environmental impacts.
The motion was seconded by Commissioner Haas. It passed by a vote of 5-1-0.
Public Space Application for an existing retaining wall and fence at 4815 Dexter Street, NW – Cynthia Wilcox
This property is in Commissioner Mullane’s District. The Commission has heard this application several times before. It was on the agenda this evening because it is long-running and controversial, and this is Commissioner Mullane’s last meeting. Chairman Gates asked for a vote by the Commission on a proposal by the homeowner, Mrs. Cynthia Wilcox, to remove a section of the corner of the wall.
Chair Gates summarized an ongoing dispute over whether the proposed trimmed-back wall has received the proper agency approvals. She then distributed an engineer’s report funded by opposing neighbors which questioned the wall’s structural integrity.
Several neighbors spoke about the condition of the property at the time Mrs. Wilcox acquired the property. There were berms initially, and the first retaining wall was introduced as part of her renovations to the house.
Mrs. Justine Kingham, the abutting neighbor immediately downhill of the Wilcox property and a registered architect, said the wall’s footing is insufficient and existing steel supports will be further weakened if the existing wall is trimmed.
[Commissioner Wells arrived].
Commissioner Shapley asked if there could be grounds for compromise between the neighbors and Mrs. Wilcox. Mrs. Kingham said that regardless of whether the wall as built was structurally sound, it was highly objectionable. Mrs. Wilcox said her problem is that the wall was permitted and has been paid for. A neighbor across the street, Monica Lack, said that if there was to be a wall it should be more attractive.
Another Dexter Street resident, Jonathan Gottlieb, said the wall is actually in public space.
Commissioner Mullane offered a motion: Assuming the current proposal to trim the wall back, the Commission should reject it because based on an engineer’s report the wall does not appear to be a stable structure, and slicing off a piece of it will not change this. As the second part of the motion he proposed that when Mrs. Wilcox submits revised plans she should take into account the many concerns of her neighbors. Commissioner Shapley seconded this motion.
Commissioner Mullane said the fundamental, narrow question is whether the Commission should approve the most recent set of plans (with the trimmed wall).
Commissioner Haas asked whether the Commission couldn’t alternatively recommend that Mrs. Wilcox remove the wall entirely and return the yard to its natural grade. Commissioner Thompson said she did not believe it was within the Commission’s authority to prevent Mrs. Wilcox from building any retaining wall whatsoever. She asked whether the first part of the motion shouldn’t be absolutely clear that the existing wall must be removed because of the lack of structural integrity.
Out of this discussion came a final motion that a) recommends removal of the front (street-facing) retaining wall; and b) states that any future proposal for another retaining wall in this location – regardless of its height – should be brought to the ANC for review. This motion was introduced by Commissioner Mullane and seconded by Commissioner Shapley. It was adopted by a vote of 7-0-0.
Public Space application for a new driveway per DC standards as per plans at 4948 Lowell Street, N.W. – Discussion and vote
This property is located in Commissioner Thompson’s district. The Grennans were not present.
This application initially came before the Commission at its November meeting and a vote was delayed pending the outcome of discussions between the owners, the Grennans, and the Urban Forestry Administration; and a survey of the location of mature hollies along a property line shared with neighbors Mr. and Mrs. Speyer.
Commissioner Thompson said she understood the Urban Forestry Administration, in the person of arborist Earl Eutsler, has strong reservations about the impact of the proposed new driveway on a Willow Oak in the tree box nearby.
The neighbor, Mary Speyer, confirmed that a survey showed the hollies are directly on the property line. She said she believes the Grennans have every intention of trying to preserve both the hollies and the Willow Oak but remains concerned about their long-term health.
Commissioner Thompson moved to deny the application based on a combination of factors: specifically a) the lack of a compelling need for the driveway, that it is more a matter of convenience; and b) the danger to the nearby trees, especially on a street known for having so many mature attractive trees.
Chairman Gates seconded the motion. The vote was 7-0-0 to deny the application.
BZA Appeal 17567 – Kenneth Kessler of 4853 Foxhall Crescent, NW arguing that Permit No. 73714 for new construction at 4818 Foxhall Crescent, NW was issued in error
This property is located in Commissioner Heuer’s district. Mr. Kessler was represented by attorney Andrew Strongin of the firm Knopf & Brown. An owner of 4818 Foxhall Crescent, Mr. Imad Samaha, spoke on his own behalf.
Commissioner Mullane read from a Board of Zoning Adjustment Order dated April 9, 1991 which stated that the 34 lots established by subdivision in the order could be built over a ten-year period. In fact 33 houses were built within the ten-year period, however, the 34th would be on the building lot in dispute for which Permit No. 73714 was granted. Commissioner Mullane told Mr. Samaha that “unless you can convince us that ten years doesn’t mean ten,” it does not appear authorization existed for the issuance of the permit.
Mr. Strongin argued that in
effect the city had granted a building permit for a theoretical lot which was
covered by the special exception, that the timeframe for building has expired,
and that the proposed building failed to comply with surviving requirements
placed on all of the 34 lots at the time of the BZA Order.
Mr. Samaha said the zoning for the lot does indeed exist and he has been paying
taxes on it. He said his determination was that with the lapse of the 1991 BZA
Order the property’s zoning should revert to the underlying R-1-A and this was
confirmed by Rick Nero of the Office of Zoning. He said R-1-A is more stringent
in several ways, such as lot coverage, than the limitations placed on each lot
by Agreements in the course of the subdivision process. Plus, said Mr. Samaha,
it took him 22 months to obtain the permit that is under dispute.
Chairman Gates read from the 1991 Order, “that the proposed Modification is Approved, Subject to the Condition that construction of the project may be phased over a period of Ten Years. In all other respects the Order of the Board dated August 17, 1990 shall remain in full force and effect.” She said that the Commission must decide whether it will support Mr. Kessler’s appeal and stated she is of the opinion the permit was issued in error.
Commissioner Mullane moved that the Commission support the appeal on the grounds that the timeframe for building by the Special Exception that established the lot in dispute has lapsed. Chairman Gates seconded, and clarified that the vote is committing the Commission to testify before the BZA in the Appeal. Commissioners voted 7-0-0 to support the Appeal.
Whitehurst Freeway Resolution
As decided at the Commission’s November meeting, Commissioner Thompson presented a draft resolution for discussion and vote to oppose removal of the Whitehurst Freeway. Commissioner Heuer moved to adopt the resolution. Commissioner Mullane seconded.
A Palisades resident, Osvaldo Kreimer, rose to speak and made the point that in his view the Commission’s draft was overly defensive, in terms of the possibility of removal, and lacked any statement in support of the existing freeway. He proposed additional language in praise of the Whitehurst. Commissioner Shapley offered further additional language concerning the impact of removing the Freeway.
Commissioner Thompson moved to include Mr. Kreimer’s and Commissioner Shapley’s language in the resolution and Commissioner Heuer seconded. A 7-0-0 voted followed to modify the resolution as proposed. The revised resolution was then adopted 7-0-0.
Commission Business
Commissioner Haas, as Treasurer, presented the monthly financial report. As of December 6, 2006, there is a balance of $24,695.34 in the Bank of America checking account.
Minutes: Commissioner Thompson, as Secretary, presented minutes from two meetings: the October 20th Special Meeting (regarding Sibley Memorial Hospital) and the November 1 regular monthly meeting.
Commissioner Heuer moved to adopt both sets of minutes. Commissioner Shapley seconded the motion. A 7-0-0 vote was taken to adopt both the minutes of both meetings without further modifications.
Chairman Gates concluded the meeting at 10:45 pm.
The next regularly scheduled meeting of the Commission is January 10, 2007.
Respectfully submitted,
Rachel Thompson
Secretary