Minutes of Regular Meeting

Tuesday, February 8, 2011—7:00 p.m.

The Church of Jesus Christ of Latter-day Saints

 

 

Commissioners Present: Francis Campbell, Jared Critchfield, Brian Flahaven, Ivan Frishberg, David Garrison, Carol Green, Neil Glick (Chairing), Norman Metzger, Kirsten Oldenburg, Brian Pate.

 

Commissioners Absent: none.

 

Also in attendance: ANC6B Staff Assistant Bert Randolph.

 

1.   Adoption of Agenda

Commissioner Critchfield announced that he wanted to add Approval of Minutes of the February Special Call meeting to the agenda as 11a.  Commissioner Metzger moved (with a second from Commissioner Flahaven) that the agenda be adopted as amended; it was adopted without objection.

 

2.  Community Speakout

Ms. Donna Hanousek of the Capitol Hill Restoration Society announced a February 16, 2011 Preservation Café event on house history.

 

Mr. Michael Robinson, who spoke during the January 2011 ANC 6B meeting about loud music emanating from Results, The Gym at 315 G Street, SE, expressed his appreciation to Commissioner Metzger and the office of Councilmember Wells for their assistance in modulating the music.

 

Ms. Ellen Opper-Weiner offered concerns that there’s a lack of public input in issues related to Eastern Market and legislation affecting Eastern Market to be introduced by Councilmember Wells.

 

3.  Community and Commission Announcements

 

Commissioner Glick announced that he attended the DC Auditor’s meeting and that Ward 6 is the sole Ward in the city wherein all ANCs consistently file quarterly reports on time.  A certificate was presented to ANC 6B for its timely fiscal reports; Commissioner Green was praised for her efforts as Treasurer.

 

Commissioner Flahaven announced Neighborhood Walks on Sunday evenings at 6 p.m. and 8 p.m., starting in front of Harris Teeter, 1350 Potomac Avenue, SE and the Orange Hat patrol walks on Friday evenings at 7:30 p.m., starting at 14th and Kentucky Streets, SE.

 

4.  Presentations

 

Ms. Kim McCall, Outreach and Community Engagement Director of the DC Homeland Security and Emergency Management Agency (HSEMA), announced 2011 Community Preparedness Initiatives, which include updating neighborhood preparation base plans and inviting community participation.  For more information, consult dcema.dc.gov or contact Ms. McCall kim.mccall@dc.gov or 202.481.3015.

 

Mr. Compton Douglas and Mr. Justin Carl of the DC Water and Sewer Authority (WASA) spoke about the Combined Sewer Overflows (CSO) Long Term Control Plan which will build tunnels 100 feet deep across the city for sewage and rainwater to comply with the Clean Water Act.  Specific to ANC 6B are three CSO projects.  CSOs 15, 16, 17—M Street Diversion Sewer, are along M Street, SE, between 9th Street, SE and Water Street, SE.  Construction is estimated between April 2012 and December 2013.  The CSO 18 drop shaft is near Barney Circle and part of the larger Anacostia River Tunnel.  The entire estimated timeline for this tunnel is November 2013 until January 2018.  CSO 19—Overflow and Diversion Structures is near Robert F Kennedy Stadium (RFK), with construction planned between September 2011 and August 2013. Mr. Compton can be reached at compton.douglas@dcwater.com or 202.787.7071.

 

 5. Election of Committee Chairs

 

Commissioner Glick nominated (with a second from Commissioner Metzger) Commissioner Green for Chair of the Alcohol and Beverage Committee.  Commissioner Green was elected without objection.  Commissioner Green announced that Commissioner Metzger would serve as Vice-Chair.

Commissioner Green nominated (with a second from Commissioner Metzger) Commissioner Campbell for Chair of the Planning and Zoning Committee. The motion passed with 9 affirmative votes; Commissioner Frishberg abstained. Commissioner Campbell announced that Commissioner Oldenburg would serve as Vice-Chair.

 

6.  Alcohol and Beverage (ABC) Committee

 

Review of Voluntary Agreements for Nooshi (ABRA-085618) and Moby Dick Grill (ABRA-085584). Commissioner Green announced that liquor licenses are protested based on issues of peace, order, and quiet, and overconcentration.  She said the owners to minimize the protest issues had agreed to concessions of closing earlier, reduced seating, screening their roof mechanicals, utilizing valet parking, encouraging employees and customers to park in the lot at 8th and I Streets, SE, and offering a food delivery service..  Commissioner Green then moved (with a second from Commissioner Critchfield) to support the liquor licenses and sign Voluntary Agreements (VA) with Nooshi and Moby Dick Grill.  The motion passed 9-1 (Commissioner Garrison voted no).

 

7.  Planning and Zoning (P & Z) Committee

32nd Annual Capitol Hill Classic 10K - Don Montuori

Commissioner Campbell read the Committee’s report about the Capitol Hill Classic.  Commissioner Garrison requested the report be amended as follows (additions are italicized and removed words struck through): “The Capitol Hill Classic is comprised of three races, a 10K, 5K and a fun run for kids. The race will take place on Sunday May 15, 2011 starting at 8:30am and ending by noon (12pm). The race will close only one street, Massachusetts Ave, the two (2) blocks directly in front of the Peabody School on Stanton Park where the race will start and finish. All streets in the race will close only one lane of traffic and Intersections will be lined with officers from MPD who will allow cross street traffic flow as the race progresses. Involved streets are Independence Avenue SE & SW, 3rd Street SW, East Capitol Street SE & NE, and Massachusetts Avenue SE & NE. 19th Street at East Capitol Street will be closed and East Capitol Street will have rolling closures until the road clears of participants.”  Commissioner Campbell moved (with a second from Commissioner Pate) that the report be accepted with the changes.  All 10 Commissioners voted affirmatively.

P.S. #  XXXXX.  A Clock for Barracks Row - Sharon Bosworth, Barracks Row and Xavier Cervera, Senart's Oyster House

Commissioner Campbell read the Committee’s recommendation of sending a letter of support for the clock on public space after reviewing the agreement.  Commissioner Garrison requested the italicized clarification that follows: “The Committee recommends approval of a letter to be sent in support of the project to DDOT’s Open Space Committee from the full ANC with the understanding that the parties agreed to sign a "letter of agreement" relating to the responsibilities of the clock’s management.”   Commissioner Garrison moved (with a second from Commissioner Green) that the amended report be accepted and the letter sent.  All 10 Commissioners voted affirmatively.

HPA #11???, 720 L Street SE – Bavarian Beer Garden – Plans to build a new structure to house a new establishment.

Mr. Mark Brody, owner, presented letters of support from neighbors for the new structure. Discussion among Commissioners included the one-story v. two-story building, size of doors and windows of the establishment, access to the street for trash removal, the building materials and look, or presence, of the block, and the rooftop deck.  Commissioner Oldenburg moved (with a second from Commissioner Garrison) that the Commission oppose the plans allowing for a month-long delay at the Historic Preservation Review Board (HPRB) and an opportunity to revise the design plans.  Commissioners Campbell, Green, and Frishberg announced objections to the motion. The motion failed 7-3 (Commissioners Garrison, Metzger, and Oldenburg voted yes; the other 7 Commissioners voted no).

Commissioner Metzger moved (with a second from Commissioner Campbell) that the Commission take no position on the plans.  The motion failed 5-4 (Commissioner Glick abstained; Commissioners Campbell, Garrison, Metzger, and Oldenburg voted yes; the other 5 Commissioners voted no).

Commissioner Pate moved (with a second from Commissioner Frishberg) that the Commission approve the plan and send a letter of support outlining concerns of safety regarding the rooftop deck, inconsistency of design, and size of the doors. The motion passed 7-3 (Commissioners Garrison, Metzger, and Oldenburg voted no).

BZA # 17860, 1442 Pennsylvania Avenue SE (Jemal’s KFC, LLC) – Request for Two-Year Extension. 

The Commission voted 10-0 to support the Committee’s recommendation of granting the extension.

BZA # 18174, 732 15th Street SE - Variances from lot occupancy and off-street parking requirements to allow the conversion of an existing one-story commercial building (Laundromat) to a three-story apartment building in the C-2-A District.

Commissioner Campbell read the Committee report, suggesting two changes: “The owner argues that if he were required to reduce the existing building footprint to 60% lot occupancy, it would result in considerable hardship as it would compromise the existing foundation, structure and systems as well as possibly damage adjourning adjoining structures” and “The owner also plans to provide incentives to encourage potential owners/renters to use public transit.”  Architect Jeff Goins provided the Commission with the variance application for lot density and the parking requirement.  Owner Gary Cohen said new residents would be given a one-year public transportation pass and a one-year membership to the Capital Bikeshare program to minimize parking issues in the neighborhood.  Commissioner Flahaven announced he was meeting with the District Department of Transportation (DDOT) representatives and Councilmember Wells’ office to discuss the possibility of opening parking spaces on the western side of the 700 block of 15th Street, SE. The Commission approved the Committee’s recommendation with a 9-1 vote (Commissioner Critchfield voted no).

 8.  Proposal: Project Review Checklist

 

 Commissioner Garrison moved (with a second from Commissioner Metzger) to adopt the ANC 6B Checklist for Applications for Approval of Projects as a means to help applicants properly prepare for appearing before the ANC Committees and at ANC meetings.  The checklist includes information pertaining to: Board of Zoning (BZA) adjustments; the Historic Preservation Review Board (HPRB) within the Historic Preservation Office (HPO) of the DC Office of Planning; the Alcohol Beverage Control Board (ABC) of the Alcohol Beverage Regulation Administration; and the Public Space Committee within the Office of Public Space in the District Department of Transportation (DDOT). The motion was passed with 9 affirmative votes (Commissioner Oldenburg departed earlier).

 

9.  Proposal: Consent Calendar

 Commissioner Flahaven moved (with a second by Commissioner Frishberg) that the Commission adopt a consent agenda for its meetings, beginning with the March 2011 meeting.  The motion passed with 9 affirmative votes.

 

10.  Eastern Market Report

Naomi Campbell of Councilmember Wells’ office clarified that legislation concerning Eastern Market is not yet drafted and she expects ANC and community input to be part of the ongoing discussion.  Commissioner Glick clarified that he, as Chair of the Commission, designated Commissioner Pate to serve as the Commission’s representative to the Eastern Market Metro Community Advisory Committee (EMCAC).  Commissioner Frishberg will serve as the standby Commissioner, if needed.

 

11.  Approval of Commission Minutes: January 2011

 

 Commissioner Critchfield moved (with a second by Commissioner Metzger) that the Commission approve the minutes of the January 11, 2011 regular monthly meeting. The Commission voted 9-0 to adopt the minutes.

 

11a. Approval of Commission Minutes: Special Call Meeting February 2, 2011

Commissioner Critchfield moved (with a second by Commissioner Flahaven) that the Commission approve the minutes of the February 2, 2011 Special Call “Hine Jr. High School Redevelopment Project” meeting. Commissioner Garrison announced the PowerPoint presentations presented that evening are now available on the hineschool.com website and the minutes should be amended to include that information.  The Commission voted 9-0 to adopt the minutes with the additional web links.

 

12. Adjournment

The meeting was adjourned at 9:35 p.m.

 

Attest: Andrew Jared Critchfield, Secretary __________________________________________  

 

Attachments:

Agenda, as adopted

Planning & Zoning Committee Report

Eastern Market Report

Meeting Agenda

Church of Jesus Christ of LDS

Location: 522 7th Street, SE

(The Old Safeway Building)

February 8, 2011 – 7:00 PM

Agenda

1.   Adoption of Agenda

2.   Community Speakout

3.   Community and Commission Announcements

4.   Presentation

·        DC Homeland Security and Emergency Management Agency and Emergency Preparedness – Kim McCall, Director of Outreach and Engagement (5 minutes)

·        DC Water Long Term Control Plan/Combined Sewer Overflow Project Update – Compton Douglas, Program Support Manager (5 minutes)

5.    Election of Committee Chairs

6.   ABC Committee – Review of Voluntary Agreements for Nooshi (ABRA-085618) and Moby Dick Grill (ABRA-085584) – This matter will only be heard at the full ANC meeting on February 8, 2011.

7.  Planning and Zoning Committee

            (These items will also be considered by the P & Z Committee on February 1, 2011 at 7:00 p.m., and will be held at the Caesar Chavez Public Charter School, located at 714- 722 11th Street, SE)

·        Home Run Classic 10 K – George Banker – Informal Presentation will only be heard on February 1, 2011.

·        32nd Annual Capitol Hill Classic 10K – Don Montuori

·        PS # 60039, A Clock for Barracks Row – Sharon Bosworth, Barracks Row and Xavier Cervera, Senart’s Oyster House

·        HPA # 11-145, 720 L Street, SE – Bavarian Beer Garden – Plans to build a new structure to house new establishment

·        BZA # 17860, 1442 Pennsylvania Avenue, SE (Jemal’s KFC, LLC) – Request for Two-Year Extension

·        BZA # 18174, 732 15th Street, SE – Variances from lot occupancy and off-street parking requirements to allow the conversion of an existing one story commercial building (Laundromat) to a three-story apartment building in the C-2-A District

8.      Proposal Project Review Checklist

9.   Proposal Consent Calendar

10. Eastern Market Report

11. Approval of Commission Minutes January

11a. Approval of February Special Call Minutes

12. Adjournment

 

NOTE:  Late-Breaking ABC, BZA, Zoning, or Historic Preservation Cases may be added to this Agenda.

For additional information, call 202.543.3344 or e-mail: office@anc6b.org, website: www.ancb6.org.

Next Meeting: March 8, 2011

Report of the Planning & Zoning Committee

Caesar Chavez Public Charter School

714-722 11th Street, SE

February 1, 2011

7:00 pm

Commissioners present: Francis Campbell, Kirsten Oldenburg, Norman Metzger, David Garrison, Neil Glick, Jared Critchfield, Brian Flahaven, and Carol Green. Bert Randolph, Staff Assistance was also present.

32nd Annual Capitol Hill Classic 10K - Presenting Don Montuori

The Capitol Hill Classic is comprised of three races, a 10K, 5K and a fun run for kids. The race will take place on Sunday May 15, 2011 starting at 8:30am and ending by noon (12pm). The race will close only one street, Massachusetts Ave, the two (2) blocks directly in front of the Peabody School on Stanton Park where the race will start and finish. All streets in the race will close only one lane of traffic and intersections will be lined with officers from MPD who will allow cross street traffic flow as the race progresses. Involved streets are Independence Avenue SE & SW, 3rd Street SW, East Capitol Street SE& NE, and Massachusetts Avenue SE & NE, 19th Street at East Capitol Street will be closed and East Capitol Street will have rolling closures until the road clears of participants.

Maps and additional information can be obtained at don@capitolhillclassic.com or from Don Montuori at 240-747-3028 or dmontuori@marketresearch.com

The Committee having reviewed the applicants submissions and owing to past positive history with the race organizers recommends that the Commission write a letter of support as requested by the applicant.

P.S. #  60039.  A clock for Barracks Row - Sharon Bosworth, Barracks Row and Xavier Cervera, Senart's Oyster House

Presenting were Sharon Bosworth and Martin Smith, Executive Director of Barracks Row Main Street (BRMS), who are seeking ANC6B support for a Public Space Permit to allow the installation of a Barrack Row’s clock.  As proposed, the clock will be placed in front of the Senart's Oyster House restaurant at 520 8th Street SE. The owner of Senart's, Mr. Xavier Cervera, will provide electrical service, and maintenance. Barrack Row Main Street will be the owner of the clock. At this time there exists no written agreement between the parties as to any arrangements regarding the service, upkeep and paying for the electrical service. The Committee recommends that there be a written agreement between the parties, Senart’s and Barracks Row Main Street, outlining the specifics of the ownership, service agreements and maintenance.  The Committee recommends approval of a letter to be sent in support of the project to DDOT’s Open Space Committee from the full ANC once the parties agreed to sign a "letter of agreement" relating to the responsibilities of the clock’s management.

HPA # 11-145, 720 L Street SE - Bavarian Beer Garden - Plans to build a new structure to house a new establishment.

Mark Brody, owner, and Matt Battin, architect, presented a conceptual design for one-story building with a roof deck and "summer garden seating approximately 400 people total. Plans show a gated driveway with Wood privacy fencing and wood rainscreening on the South and East elevations. A simulated brick painted wall is proposed for the North elevation. The roof deck would be an open design with wood screen walls and on the East elevation with an open patina steel railing system

The Committee expressed a number of concerns regarding the design aspects relating to the proposed materials, the open deck design, and the lack of letters of support from other establishments and or affected neighbors. The Committee also expressed concerns regarding the "unfinished appearance" and incomplete application related to views of the affected area with relationship to existing structures and plat specifications.

The Committee cannot at this time make any recommendation until the applicant can furnish additional information related to letters of support, views of the area, such as Google maps, and more specific building designs. The Committee therefore makes no recommendation pending additional information from the applicant.

BZA # 17860, 1442 Pennsylvania Avenue SE (Jemal's KFC, LLC) - request for Two year extension

The presentation was made by Mr. Paul Millstein of Douglas Development.  Mr. Millstein requested a two year extension for application No. 17860. Mr. Millstein stated that the company has not been able to secure funding to proceed with the proposed development of the site.  The applicant has no substantial changes to this original proposal from March of 2009. Additionally the applicant included a copy of the current MOU (Memorandum of Understanding) between the developer and neighboring residents. Per Mr. Millstein it is the company’s intention to continue to honor this MOU. Neighbors have raised some concerns regarding snow removal from the street area bordered by the property as well as a desire for better lighting. Mr. Millstein said these are reasonable requests and that the company would address these issues. Additionally, Mr. Millstein indicated that the property would be available for lease if a suitable tenant could be found in the short term until the property is developed.

The Committee has no issues of concern at this time and recommends the full ANC approve the applicant’s request for the extension.

BZA # 18174, 732 15th Street SE - Variances from lot occupancy and off street parking requirements to allow the conversion of an existing one story commercial building (Laundromat) to a three-story apartment building in the C-2-A District

Gary Cohen, owner and Jeff Goins, Architect, presented. Mr. Cohen is requesting variances for the conversion of this commercial property which is presently a Laundromat that he intends to convert into a three story residential building. The current building is at 68.8% lot occupancy and because it is now proposed to be residential use is limited to the 60% rule.

The owner’s packet includes letters of support as well as a petition of opposition to the request for the parking variance. The owner is requesting a variance from the parking requirement that three parking spaces be provided.  The owner argues that the unique narrowness of the rear access to the property justifies the request. Due to the configuration of the lot, the access off of the public alley access is only 5ft wide (a 9ft width is required to provide a suitable roadway for parking).

Secondly, the existing structure, because of its prior commercial use, was allowed 100% lot occupancy by law and presently occupies 68.8%. With its proposed change of use to residential it would now fall within the 60% lot coverage as allowed in a C2A zone.  Thus a variance from the lot coverage limit is needed.  The proposed addition would be less than 70% lot occupancy, the level to which ANC 6B and the BZA have traditionally permitted properties to expand in similar circumstances. The owner argues that if he were required to reduce the existing building footprint to 60% lot occupancy, it would result in considerable hardship as it would compromise the existing foundation, structure and systems as well as possibly damage adjoining structures.
 

The owner cites the close proximity of multi-modal public transportation along with the environmental impact of the addition to be in keeping with the public good. The owner also plans to provide incentives to encourage potential owners/renters to use public transit.  Many neighbors were at the meeting to speak on the project, with a majority in support.  The Committee recommends approval of this project to the full ANC.

Eastern Market Community Advisory Committee (EMCAC) Report

January 26, 2011

Commissioner Brian Pate

Foul weather prevented the necessary quorum required to conduct an official meeting.  With several hearty souls in attendance, the group conducted a general conversation roaming across several topics:  results of the Eastern Market Christmas Market, pending legislation to change the governance structure of the market and the replacement of a gas main underneath 7th St. 

Pending legislation - A task force assembled by CM Wells will deliver a report recommending the future governance structure of the Market in early February.  The Council Member’s office will draft legislation that will be subject to a period of public comment.  EMCAC is beginning to discuss possible transition strategies in anticipation of changes. 

Gas main replacement - Washington Gas will replace a 107-year old gas line underneath 7th St, between C and Independence in the near future.  Washington Gas is on record stating that they will not replace the cobble stone pavers on 7th St once the pipeline replacement is complete.   The Eastern Market Community Advisory Committee sent a letter to both the utility and various public works agencies seeking guarantees that Washington Gas will repair the street to its current condition.

The next EMCAC meeting is scheduled for 23 February at 7:00 PM in the North Hall.