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The District
of Columbia

 

ADVISORY NEIGHBORHOOD COMMISSION- ANC3D MINUTES

September 3, 2008

 

The regularly scheduled monthly meeting of ANC 3D was called to order at 7:05 PM on Wednesday, September 3, 2008, by Chair Betsy Sandza.  Other Commissioners present were Alma Gates, Ann Heuer, Ann Haas, Stu Ross and Nan Wells. Commissioners Lee Minichiello and Tom Smith were absent with notice.  There were 12 people in the audience

 

Police Report:  There was no report. 

 

Community Concerns:

            1. Potential Development of Property in Wesley Heights: Mark Vershbow, 4661 Garfield Street, presented his concerns regarding the proposed development on property at the end of 49th Street. The property is located at 2929 49th Street. It consists of 3 adjacent parcels assessed by the city as Square 1406, Lot 0822; Square 1406, Lot 0821; and Square 1524, Lot 0805. According to Mr. Vershbow, the property is currently zoned R-1-A and is within the Wesley Heights Overlay District. 

 

A large house, known as “Acclimation” which was owned by the Truland family, is located on the site. The property, currently owned by Acclimation, LLC, is apparently under contract to a group owned by Felipe Paraud and William Prior, developers of the Phillips Property, on Foxhall Road. 

 

Mr. Vershbow stated that he is not opposed to development, but he and other neighbors are concerned about potential impacts to their neighboring properties and the Federal parkland (Battery Kemble Park). The impacts could include flooding, severe erosion, loss of trees and clear cutting of the lot, and impacts from construction and truck traffic related to the project. 

 

Vershbow provided copies of a letter that he sent to Harriet Tregoning, director of the Office of Planning, asking that OP undertake a “large tract” review of the property. He requested that the ANC support his requests to the Office of Planning.  Copies of the letter were also sent to other public officials including Mayor Adrian Fenty and Councilmember Mary Cheh.

 

In his letter, Vershbow explained that he believes that the property has been incorrectly measured as smaller than the actual size. He indicated his concern that the new owners may seek to develop the land on a “matter of right” basis which would not require public hearings. He believes that public hearings are required because of the actual size of the property. He also noted that the developer is likely to seek DDOT approval to pave the present stump of 49th Street through to Cathedral Avenue.

 

Commissioner Gates moved to send a letter to the Office of Planning acknowledging and supporting the Vershbow letter.  Commissioner Haas seconded the motion which passed unanimously 6-0-0.

 

            2. New Ambulance Service: Mike Morton, CEO of Team Critical Care Ambulance Service of Maryland, which is located in Gaithersburg, outlined the services his company would provide to the District of Columbia. He noted that his company is based on the model used for air transport ambulances which are fully staffed with critical care equipment and personnel. At the request of local hospitals, the company has been working to obtain a Certificate of Need in the District of Columbia to allow their ambulances to transport patients from hospital to hospital inside and outside the District. (Since the ANC meeting, they have received the CON.)

 

Team Critical Care has been providing services to patients at Suburban Hospital and Children’s National Medical Center and wants to add Sibley and Georgetown to their service area. The company will provide private ambulance service for critical care patients who need transport between hospitals, a service not regularly provided by the District’s EMS ambulances. The company participates with Medicare, Medicaid, and numerous private medical insurance companies. 

 

            3. Improvement to Dangerous Intersection: Howard Bray, 1506 44th Street in Foxhall Village, reported that the intersection of Canal and Reservoir Roads is perilous and a significant danger for pedestrians, bikers and drivers wishing to cross over Canal Road to access Fletcher’s Boathouse and the C&O Canal National Historical Park towpath.  Mr. Bray noted that there is no crosswalk on Canal Road at the Reservoir Road intersection and that the 2002 Palisades Traffic Study indicted the need for the intersection to be signalized as a mid-term solution with a possible foot bridge as a long-term solution. 

 

Mr. Bray was joined by Sherry Rich, a Palisades resident, who informed the Commission that she uses the tow path on a daily basis and has been forced to drive to Fletcher’s rather than ride her bicycle because the traffic has increased and travels at great speeds.  She reported that she has made many attempts to get DDOT action on the installation of a crossing signal but to no avail.

 

Audience member Kent Slowinski noted that DDOT owns Canal Road, but the National Park Service owns the property adjacent to the road. Congresswoman Eleanor Holmes Norton recently conducted a review of federal parks in DC and he suggested that it would be useful to send a letter seeking her support for the light. 

 

Commissioner Haas moved that a letter be written to DDOT Acting Director Frank Seales and Mary Cheh requesting that DDOT expeditiously implement the 2002 traffic study and install a signal light at the Canal/Reservoir Road intersection. Commissioner Wells seconded the motion and amended it to add that a second letter be sent to Congresswoman Norton. The amended motion passed 6-0-0.  Commissioner Haas will draft the letters.

 

 

 

            4. Dan Moring Joins Cheh’s Office: Dan Moring of Councilmember Cheh’s office introduced himself to the ANC and the audience and gave the following contact email DMoring@dccouncil.us  and telephone number 202-724-5355.

 

Public Space Application #37497 to Occupy Public Space - For the purpose of installing a steel platform supported by concrete piers adjacent to a utility pole at premises 2401 Foxhall Road, NW: Hillorie Morrison of Network Building&Consulting, LLC (NB&C), reviewed the Sprint request to install a steel platform supported by concrete piers on the property of the Kreeger Museum. The location of the platform will be adjacent to a utility pole at 2401 Foxhall Road. The purpose of the installation is to provide better coverage for Sprint subscribers along the Foxhall Road corridor. Sprint has an agreement with PEPCO that would include installation of a taller utility pole replacing the current pole in order to ensure worker safety.

 

Under this application, there would be no equipment on the pole except for the cell antennae at the top. The underground cable running from the pole to the utility cabinet behind the wall on the Kreeger property and a small corner of the platform are the only portions of the equipment that would occupy public space. 

 

In response to a question regarding the selection of the site, Ms. Morrison reported that prior to approaching the Kreeger, NB&C investigated using the roofs of the Field School buildings, but she reported that they did not offer sufficient height to be effective. There were also questions regarding the impact on birds, but they were reported not endangered. 

 

Commissioner Sandza moved approval of the application and the motion was seconded by Commissioner Ross. The motion was approved by a vote of 5-0-1. Commissioner Haas abstained.

 

Report of ANC 3D Zoning Committee on Proposed changes to “height” regulations:   Commissioner Gates, chair of the ANC Zoning Committee, reviewed the committee’s report and its recommendations relative to the proposed Zoning Code changes on the height of buildings. Gates noted this section of the code is being rewritten in conjunction with the rewrite of the entire Zoning Code, which rewrite will take place over approximately a two year period.

 

Commissioner Gates noted that the committee found the wording offered by the Office of Planning to be unnecessarily complex and often not clear; the word “building” is used interchangeably to describe residential and commercial property; and, she noted that certain definitions need to be added or clarified. She said that this issue is particularly important since there will be a number of institutions including schools and universities seeking zoning changes. 

 

Commissioner Gates specifically pointed to the provision regarding the height of residential properties and stated that the committee strongly urges the Zoning Commission to make the “top of the roof” the point of measurement for height rather than the “ceiling of the top floor.” 

 

Commissioner Gates moved that ANC 3D accept the report and appoint someone to present the findings to the Zoning Commission hearing on September 25.  Commissioner Sandza seconded. Commissioner Haas amended the motion to add that Commissioner Gates represent the ANC.  The motion passed 6-0-0.

 

Commission Business:

 

1. Second Reading of Bylaws Revision:  Commissioner Sandza read the proposed changes to Article VI: Voting, Section 3. Proxy Voting.  Commissioner Wells sought clarification of the word “may” as it relates to “will” and received assurance that requests will be approved. The language of the amendment is reproduced below.

 

Amendment:  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.

 

2. Approval of July Minutes: Commissioner Haas noted that several changes she had sent to the Secretary had not been entered into the minutes. Commissioner Wells moved that the minutes be approved as amended with changes proposed by Commissioner Haas. The motion was seconded by Commisioner Sandza and approved by a vote of 4-2-0.

 

3. Treasurer’s Report: There is currently a balance of $27,111.64 in the ANC3D checking account. Commissioner Heuer stated that we have been approved for our next quarterly allotment, although it has not yet been received.  The treasurer’s report is attached.

 

4. Presentation of Proposed FY 2009 Budget: Commissioner Sandza made the first presentation of the budget with a review of the categories and proposed dollar amounts associated with them. The Commission discussed maintenance of the website and the inclusion of funds for retaining experts in cases in which the Commission needed additional assistance. The budget will be presented again at the October meeting for final approval.

 

There being no further business, the meeting was adjourned at 8:28 PM

 

The next scheduled meeting will be held on October 1, 2008, at 7:00 PM. 

 

Respectfully submitted,

 

Nan Wells

Secretary