The District of Columbia

ADVISORY NEIGHBORHOOD COMMISSION 3D MINUTES

July 2, 2008

The regularly scheduled monthly meeting of ANC 3D was called to order at 7:10 PM on Wednesday, July 2, 2008 by Commissioner Alma Gates, Vice Chair.  Commissioner Betsy Sandza arrived at 7:15 PM and assumed the Chair. Other Commissioners present were Thomas Smith, Ann Heuer, Lee Minichiello, and Ann Haas. Commissioner Nan Wells was absent so that she could attend a meeting convened by DC Delegate Eleanor Holmes Norton on the recent closure of Ft. Reno Park. Commissioner Stuart Ross was absent with notice. 

Community Concerns: Larry Seftor, a resident of Upton Street in Spring Valley, expressed his concern about the possible location of the Potomac Farmer’s Market across from his house.  Expressing relief that the public space application for the market had been withdrawn in response to strong community opposition, Mr. Seftor explained his concern that other entities could apply for a public space permit to use the open space across from his house. He asked the ANC to be diligent on this issue.  Commissioner Smith noted that the residents of Spring Valley should be commended for their strong stand in opposition to the location of the market at this site and said that the community has succeeded in winning a grant of ten new trees from the Casey Tree Endowment Fund to transform the site into a park-like setting.

Police Report:  Lt. Hayes of the 2^nd District reported on a series of crimes in the area, including two burglaries and several stolen autos. He reported that auto theft was chronic throughout the city.  A member of the audience asked about limits on visitor parking permits. Lt. Hayes said there was no limit on renewing guest parking passes.  Commissioner Smith reported on several accidents recently in the 4600-4800 blocks of Massachusetts Avenue due to excessive speeding and requested additional traffic enforcement. Mr. Rafo Khalili, a resident of Arizona Avenue, also complained about speeding at that location and asked for additional enforcement. Lt. Hayes indicated the police would give both locations some added attention. 

Resolution on ANC Appointment: Commissioner Sandza read a Resolution appointing Stuart P. Ross the new Commissioner for ANC 3D-04. She moved approval of the Resolution.  The motion was seconded by Commissioner Gates and approved by a vote of 6-0.

Report Of Stakeholders Group and Approval of Concept Drawings for the Entrance to Palisades Park:  Sherry Frear, a landscape architect for Department of Parks and Recreation (DPR), discussed three options for the entrance to the Palisades Park.  She provided information on the number of cars that could be accommodated in the parking lot for each design concept. She noted that designs had been reviewed by the stakeholders group and tentative agreement on a design concept had been reached.  She added, however, that residents participating in a meeting of the Palisades Citizens Association (PCA) were unhappy with this choice because they did not feel it provided adequate parking.  She said the drawings provided for review of the ANC included some redesign to add some parking spaces, but questioned whether the site could accommodate the parking sought by the neighbors.

Christine Hackett of Sherier Place expressed an interest in more parking at the site saying the lot should accommodate a minimum of 30 cars.  She said the excessive number of cars parking on the street instead of in the lot has proven to be disruptive to the surrounding community.  She also expressed some concern about safety issues associated with the design selected by the stakeholders group.  She expressed concern that children would be forced to walk through the parking lot to get to the field, if the design approved by the stakeholders group is put in place. 

Ms. Hackett also noted that residents of Sherrier Place did not know of the existence of the stakeholders group and were not members of the stakeholders group despite living in closest proximity and being most directly affected by changes in design at the park entrance.

Keith Jones of MacArthur Boulevard noted that on-street parking is a “mess” in the area.  He favored more green space at the site.  He noted that the park entrance design is a divisive one in the neighborhood because of the controversy surrounding the Jesse Baltimore House. He expressed concern that the site of the Jesse Baltimore House would be turned into a parking lot without adequate green space.

Jay Rouse of Sherrier Place questioned the value of conducting a traffic study during the summer. He supported maximizing the number of parking spaces, but also expressed concerns about insufficient green space near the homes surrounding the park entrance.  He expressed concern that the concept approved by the stakeholders group would create an “eyesore” on Sherrier Place with the parking located closer to the street. He also noted the design for the parking lot would require vehicles to make a sharp left turn onto Sherrier Place that could further disrupt traffic flow at the entrance to the park.

Mark Binstead supported an L-shaped design to minimize pedestrian-vehicle conflict.  He said this design would allow for smoother traffic flow. He favored more green space and angled parking. 

Jane Byerly, who said she lived next to the park, commented that residents would never be satisfied with the number of parking spaces in the lot.  She said the whole area could be turned into a parking lot and it would still not have an adequate number of spaces. She encouraged more green space and consideration of separate space set aside for a dog park.

Commissioner Gates said that no action should be taken by the ANC on the design concept at this time given the views expressed by the residents. She commented to Ms. Frear that this could mean the April deadline would be missed, but Ms. Frear indicated that DPR may still be able to make this deadline.  Commissioner Smith noted that the Palisades Citizens Association had taken a vote opposing the stakeholders’ group recommendation in favor of trying to ensure more parking at the site.  He stated that the ANC should give great weight to those views and give preference to the views of the residents most directly affected.

Commissioner Gates moved as follows: “That the design plans be returned to the stakeholders group for additional review and that additional input be solicited from residents, especially the residents of Sherrier Place.” 

The motion was seconded by Commissioner Sandza and approved by a vote of 6-0.

Public Space Application - 4737 MacArthur Blvd NW – Construct new driveway as per site plan:  Daniel Graham, the property owner and resident at the property, asked the Commission to approve a public space application to add a driveway in public space at the front of his property that would require a new curb cut.  He said he had two small children and to load and unload his children on MacArthur Boulevard was hazardous given traffic conditions on MacArthur Boulevard. He said there was adequate space for a driveway in front of his house. He noted there were concerns about the curb cut because of its proximity to a tree. He said he had spoken to Earl Eustler, DC arborist at DDOT Urban Forestry, who told him that Urban Forestry had a rule in which a new curb cut needed to be 7 feet from tree roots. He added there were no DC regulations stipulating this requirement. 

Graham also noted that the curb cut crosses the next door property which is currently vacant, but has been sold to a new owner.  Commissioner Heuer questioned why children could not be loaded and unloaded from the sidewalk. Commissioner Smith asked if the new owner supported the curb cut.  Mr. Graham indicated that the new owner was unaware of his plans. Commissioner Gates expressed concern about the tree roots.  Mr. Graham noted that the tree roots would not be affected.

Commissioner Heuer moved “to deny this public space application for a new driveway curb cut at 4737 MacArthur Boulevard because it has been determined by Earl Eustler, a certified arborist of DDOT Urban Forestry Administration, that any positioning for said curb cut would infringe too far on the abutting trees.” Commissioner Gates seconded. 

Commissioner Smith noted that he supported denying the application on the basis that the new owner of the adjoining property was not aware of the application, but that he would abstain from voting for the motion because of its singular focus on the tree.  Commissioner Haas also expressed concern that the motion did not include language opposing the placement of a parking pad in the front yard of the property.  Commissioner Smith moved to amend the motion to include “that it would result in the installation of a parking pad in the front yard; and due to the lack of support at this time from the immediate next door neighbor” at the end of the existing motion. The amendment was seconded by Commissioner Gates and approved by a vote of 6-0. 

The motion was reread as follows:  “Move to deny this public space application for a new driveway curb cut at 4737 MacArthur Blvd because it has been determined by Earl Eustler, a certified arborist of DDOT Urban Forestry Administration, that any positioning for said curb cut would infringe too far on the abutting trees; that it would result in the installation of a parking pad in the front yard; and due to the lack of support at this time from the immediate next door neighbor.”

The motion was approved 6-0.

Bylaws Revision: The Commissioner reviewed two proposed bylaws changes intended to clarify the recording of written statements from Commissioners when they are not able to participate in a meeting.  Commissioners indicated a preference for language offered by Commissioner Haas.  Commissioner Smith suggested inserting the words “and referenced in the minutes” at the end of the second sentence for added clarity.

The bylaws amendment was read as follows:  “No Proxy or absentee voting shall be permitted.  However, a Commissioner who shall be unable to attend a meeting at which a vote shall be taken may have his/her statement read before the vote, provided that such a request is made known to the Chair prior to the meeting.  Further, this statement may be entered into the record that the Commission maintains on that issue and referenced in the minutes.  The record is separate from the minutes of the meeting.” 

Commissioner Smith moved to approve the bylaws amendment.  Commissioner Heuer seconded, and the motion was approved 6-0.

June 4, 2008 Minutes: Commissioner Gates said the minutes on the voluntary agreement for Et Voila were confusing because it did not indicate previous hours of operation. Commissioner Smith moved to remove the language on the hours of operation for Et Voila.  Commissioner Heuer seconded.  The motion was approved 4-0-2 with Commissioners Sandza and Haas abstaining. Commissioner Smith moved to approve the minutes.  The motion was seconded by Commissioner Heuer.  The minutes were approved by a vote of 4-0-2 with Commissioners Sandza and Haas abstaining.

Quarterly Financial Report:  The quarterly financial report for April-June 2008 was read. Commissioner Smith moved to approve the report. Commissioner Haas seconded, and the motion was approved 6-0.

Other Business:  Commissioner Sandza reported that there was a need to purchase a new printer/fax machine/copier at a cost of $158.98.  Commissioner Sandza moved to approve the purchase. The motion was seconded by Commissioner Heuer.  The motion was approved by a vote of 6-0.

Commissioner Reports:  Commissioner Smith reported on the successful effort by the residents of Spring Valley to fight the location of a market stand on Upton Street that prompted Potomac Farm Market LLC to withdraw its public space application.  He indicated that all 39 households living adjacent to the proposed site of the market had signed a petition to oppose the location of the produce stand in the residential neighborhood. He also brought to the Commission’s attention new temporary legislation approved by the DC Council in May that enables “food markets” – unlike other vendors – to operate without first obtaining a business license or anything other than a public space permit. He noted that other sites within the ANC’s boundaries were being considered by the Potomac Farm Market for location of produce stands.

The next meeting will be September 2, 2008.  There will be no meeting in August.

The meeting was adjourned at 9:15 PM

Respectfully submitted

Thomas M. Smith

Acting on behalf of Commissioner Nan Wells, ANC 3D Secretary