MINUTES OF ANC 3D MEETING - JULY 2005
Advisory Neighborhood Commission 3D met at the Ernst Auditorium of Sibley Hospital on Wednesday, July 6th, 2005, at 7:30 pm. Present were Commissioners A. H. Gates, A. Haas, A. Heuer, H. Mullane, S. S. Shapley, J. Stern and R. Thompson. There were about 25 people in the audience.
1. POLICE REPORT – PSA 205
1.1. Lt. Jeannie Sullivan and Officer Tony McElwee presented the monthly police report for PSA 205. A total of 121 Notices of Infraction (NOIs) were issued for traffic during the month: 31 on the 3600 block of Canal Road; 26 for the 2900 block of New Mexico Avenue; and 15 at the turning from Dalecarlia to Rockwood. The crime rate was lower than in the previous year but still involved 26 offenses, mostly thefts. Overall crime reduction has earned the Second District an award for best performance within the Metropolitan Police Department.
1.2. A new law is in effect in the District requiring police officers making traffic stops and handling traffic accidents to obtain proof of insurance in addition to driver’s license and car registration. Failure to provide insurance documentation will incur a fine of $300. Failure to provide proof of coverage by DC residents may result in a suspended license; commuters may only incur a fine. There is a grace period to comply.
1.3. The second Tuesday in August has been set aside as “National Night Out”. The officers reminded the public that extra precautions should be taken when going away on vacation during the summer.
2. RESOLUTION ON NEW COMMISSIONER FOR ANC-3D-08
2.1 It was announced
that Carl Ross, who had met the filing requirements with the Board of Elections,
would fill the vacancy in Single Member District 08. The resolution certifying
this was read by the Chairman and received a unanimous vote of acceptance. Mr.
Ross joined the other commissioners on the dais but, pending his swearing in,
was not qualified to vote.
3. COMMUNITY CONCERENS
3.1. Beth Kostelac, resident at 4705 MacArthur Blvd., raised the need for action to stop the construction of an intrusive addition to the adjacent neighboring house. Mr. Cliff McKinney, neighbor at 4711 MacArthur Blvd., appeared to support the Kostelac appeal. She had appeared before the ANC earlier in the spring and had since then obtained copies of the permits for the construction (dated May) which showed approval by DCRA only for electrical and plumbing work but not for the structure itself or zoning compliance. On June 23rd the neighbor, Mr. Mehrings, delivered architect’s drawings to her and now there are other signs of imminent construction activity.
3.2.
ANC 3D ACTION: The option of securing a Stop Work Order was discussed if
necessary permits are not posted prior to the start of construction, and the ANC
Zoning Chair pledged support of the committee.
4. CENTER FOR CHILD PROTECTION & FAMILY SUPPORT
4.1. An appeal for mentors was made on behalf of this community-based program that receives grants from a variety of federal agencies and private foundations. The project, called MASEY or “Mentoring and Supporting Each Youth”, helps youth in grades 4 – 8 from DC Public Schools in weekly one-on-one sessions of mentoring and academic support. They have 60 children enrolled now. The contact number is 202-544-6192, ext. 15.
5. CAROME APPEAL OF ECONOMIDES CONSTRUCTION, 4825 DEXTER TERRACE
5.1.
Patrick Carome was invited to say a few words about his successful appeal
to the BZA citing the Zoning Administrator erred in issuing a permit to Frank
Economides to construct a “retaining wall” around the rear of his property. Mr.
Carome acknowledged the support of the ANC and close involvement of the Chair
throughout the hearing process. Mr. Carome’s law firm, Wilmer, Cutler and
Pickering, Hale and Dorr, provided an enormous amount of support for the
appeal. The National Park Service also provided expert testimony as did George
Watson, who remarked that this success shows that special overlay districts,
such as the Wesley Heights Overlay District, do have teeth and can succeed
against violators. The next steps are review of the written BZA Order and
pursuit of an order from DCRA to remove the structure erected in the rear yard
set back. Mr. Carome remarked that it is his opinion that the BZA has the
authority to require removal of the structure, but has deferred to DCRA.
6. BENDER DEVELOPMENT ON CHAIN BRIDGE ROAD
6.1. The Chair asked for confirmation of our position on whether or not Morton Bender should be granted a second continuance for his hearing before the BZA for his proposed development at 2800 Chain Bridge Road. The Chair cited the necessity for Mr. Bender to provide the Office of Planning with requested documents and to consider redesign of his proposed development which the commission unanimously opposed in an earlier vote.
6.2. ANC 3D ACTION: The Commission voted 7-0-0 to support a second continuance but was clear that a third continuance would not be granted.
7. WASA UPDATE ON LEAD LINE REPLACEMENT
7.1. Commissioner Rachel Thompson had requested that WASA address their specific plans for our area, as there were complaints and uncertainty about the testing, coverage, and timing of lead line replacements. Tanya DeLeone, WASA Rick Manager, and Neal Kavanaugh, WASA Construction Manager, presented an overview and a hand-out with the streets designated for some lead line replacement in 2005. They pointed out the boundary between public and private property and detailed the option available to homeowners to have their private connections remediated at the same time work is being performed by city contractors. All residents will receive at least 45 days notice before work begins. WASA stated that they were coordinating this work with DDOT’s street repair agenda. The WASA contact number is 202/787-2732.
8. PUBLIC SCHOOL PLAYING FIELDS – RICK GERSTEN
8.1. Rick Gersten appealed for support for city action to enable the public schools that have playing fields to open them to the community outside of school hours. This would add much needed fields to those operated by the Department of Parks and Recreation (DPR). The question of maintenance was discussed, as DPR does not seem to have any resources to provide maintenance for more fields. It was noted that some schools have cut sports because of inadequate and unsafe playing fields. Mr. Gersten is taking his appeal to ANCs across the city as well as citizens groups to rally support for the citywide initiative.
8.2.
ANC 3D ACTION: The Commission voted 6-1-0 to support a resolution asking
that school playing fields be made available for youth athletic organizations
when fields are not on line with schools for their own use; that the Department
of Parks and Recreation treat the current condition of fields as an urgent
matter and assign appropriate resources to their prompt restoration and ongoing
maintenance; and that the City Council require DPR and DCPS to timely and
periodically report on ongoing efforts on field use, restoration and maintenance
to assure appropriate long-term attention to this important issue.
(Commissioner Haas voted against the resolution.)
9. TAHI’S GOURMET GROCERY & DELI – 4418 MACARTHUR BLVD.
9.1. The owners of the new Tahi’s Gourmet Grocery & Deli, through their attorney, Michael Fonseca, presented ABRA application #78710 for a Class A liquor license, which would authorize the sale of spirits, wine and beer. However, the owners will initially offer wine and beer and expect only to add spirits as customer demand warrants. The site was formerly Foxhall Liquors. The owners have operated a dry cleaning establishment in the same neighborhood retail complex for 14 years. The deli has four adjacent parking spaces. The hours of operation would be 8 am to 8 pm, Monday through Friday, and 9 am to 6 pm on Saturday. However, to comply with city liquor laws, liquor sales will start only after 9:00 AM. Mr. Fonseca informed the Commission that the request is for an initial “stipulated” license to allow for operation before the ABRA hearing, which is scheduled for August 10th. Filing must be done by July 26th. The license would come up for its 3-year renewal, in any case, in the spring of 2006.
9.2. Discussion centered on restrictions that the ANC might impose, particularly the sale of single cans of beer and ale. Other retail stores with liquor licenses in the community have agreed to this restriction under a “voluntary agreement.” Question was raised about whether or not similar restrictions are placed on the larger stores in the area, such as Whole Foods and Balducci’s. The license of the former establishment, Foxhall Liquors, had no such restrictions as it was in Ward 2 when established.
9.3.
ANC 3D ACTION: The Commission, at the suggestion of Commissioner Mullane
bifurcated the application. First, the Commission considered the approval of the
stipulated license and voted 5-2-0 to approve it. Second, the Commission voted
5-2-0 to require a voluntary agreement that would prohibit the sale of single
cans of beer or ale. The owners did not assent to this but did state that they
would consider a voluntary agreement, a draft of which the Chair promised to
provide them promptly.
10. AMERICAN UNIVERSITY – NEW BUILDINGS
10.1. David Taylor, Chief of Staff, Office of the President, and Jorge Abud, Assistant Vice-President, Facilities and Administrative Services at American University presented plans for two building projects to be accomplished over the next several years.
10.2. A minor addition to the Kogod School of Business and the New Lecture Hall at the NW corner of the quadrangle was presented to the Commission for a second time. The addition would link two current buildings and add approximately 2,173 square feet of gross floor area. The addition requires a special exception approval of a further processing application of an approved campus plan. The University asked the ANC for support of the application which will be heard by the Zoning Commission in September. Details were presented also at the June meeting. The addition would not increase the university’s population or traffic on campus.
10.3. ANC 3D ACTION: The Commission voted 7-0-0 to approve a minor addition to the Kogod School of business and the New Lecture Hall.
10.4. A second building project, included in the Campus Plan, was presented for the new School of International Service building. Concept drawings and diagrams were introduced for an environmentally sensitive building on the parking lot space along Nebraska Avenue and will include underground parking to provide more spaces than at present (300, a net increase of 225). The University expects to file an application in the fall for a hearing before the Zoning Commission with construction to begin in summer 2007 for 2009 occupancy. Classroom space, faculty and other related resources are now spread over four locations; the new facility would consolidate space and upgrade the School of International Service. The height and set-back would conform to the other adjacent buildings, such as the Bender Library and Hurst Hall. The four level design would conform to the classical style of the other campus buildings. Mr. Alan Brick-Turin of the firm HNTB presented details of the university’s traffic study for the facility. The traffic study, undertaken by HNTB, found that there would be no significant decrease in the levels of service at the intersection of Nebraska and New Mexico Avenues, the proposed entrance site to the new parking facility where cars would enter and exit the parking facility. HNTB has monitored current traffic patterns on Nebraska and New Mexico Avenues, cars entering and exiting other campus parking areas and has assumed the same patterns for the SIS facility based on a morning peak hour of 9-10:00 AM. They concluded that it is likely there is no need for a special, new turning signal for northbound Nebraska Avenue traffic seeking entry into the garage. However, the study did conclude that a better timed signal for pedestrians at the T-intersection of Nebraska and New Mexico Avenues would be desirable.
10.5.
A second presentation will be made by the university closer to the Zoning
Commission hearing on the School of International Service.
11. NEW HOUSES ON 2810 UNIVERSITY TERRACE – BY STEPHEN B. KAY, DEVELOPER
11.1. Stephen Kay presented site plans for his proposed development for two new homes on this R-1-B property. He has filed an application with DDOT’s Public Space Committee for the purpose of constructing driveways, retaining walls, and leadable steps, and erecting two iron gates and stone piers, and tree protection and removal activities in the public space adjacent to 2810 University Terrace. Mr. Kay stated he has secured permits to remove certain trees on public space and has contributed to the city Tree Fund in compliance with UFA regulations.
11.2. Commission discussion addressed what Mr. Kay could do as a matter of right on his property. He admitted that he would be unable to place much of what is being proposed for public space including the stone piers, gates and necessary retaining walls on his property, and must use public space to complete what he proposes. Commissioner Heuer asked Mr. Kay to consider putting the driveways and garages at the back of the property in keeping with other houses in that square. He was unwilling to consider the request as he would have to redraw his plans.
11.3. Seven neighbors appeared to register their objections to the development. They said the houses seemed overly large and putting two on a lot where there is currently one house would over build the property. Neighbors were extremely concerned about water runoff and the use of storm water trenches given the additional paving involved on this steeply sloping property. They found the gates and piers to be grandiose and out of character with the surrounding neighborhood. Photographs presented for comparison of other piers and gates are in a different location where they are appropriate. One neighbor commented that the trees Mr. Kay proposes to remove are a “hallmark of the neighborhood.” Safety issues were also raised by neighbors who walk along University Terrace to reach their homes. The location is one block from Key Elementary School.
11.4.
ANC 3D ACTION: The Commission voted 6-0-1 not to support this
application to use public space at 2810 University Terrace. (Commissioner Stern
abstained.)
12. COMMISSION BUSINESS
12.1. The treasurer’s report was accepted, as was the quarterly report of expenses.
12.2. The minutes of the June meeting were accepted as presented.
12.3. The second reading of the revised by-laws for ANC 3D was accomplished with a few minor changes being agreed. These will be incorporated in the final version.
12.4. ANC 3D ACTION: The Commission voted unanimously to approve the revised by-laws.
Respectfully submitted
Sarah Stowell Shapley
Secretary