Advisory Neighborhood Commission 6B

Minutes of Regular ANC Meeting

November 8, 2005

 

 

Commissioners Present: Will Hill, Antonette Russell, Neil Glick, Scott Cernich, Ken Jarboe, Mary Wright, Francis Campbell, David Sheldon, and Executive Director, Bert Randolph.  Arrived after start of meeting: Sandra Brown Thomas and Julie Olson  

 

Commissioners Absent:  None

 

Chairperson Scott Cernich chaired the meeting and the Commissioners introduced themselves.

 

There was a quorum for conducting business.

 

Adoption of Agenda

 

Changes to the agenda – The Chair stated that under Planning and Zoning, HPA #05-232, 658-660 Independence Avenue, SE, will be removed to the December agenda.  Adding HPA #06-029, 1225-1227 Pennsylvania Avenue, SE, Concept/rehabilitation of storefront and one-story roof addition.  Under Committee Reports and Announcement will add A.) authorization of funds for ANC Fagon Guide Ad and B.) approval of minutes.  The Chair made the motion the Commission adopt the agenda as amended.  The motion was seconded by Commissioner Hill.  The Chair asked all in favor to raise their hands.  The vote was unanimous 8-0.

 

Community Speakout

 

None

 

Community and Commission Announcements

 

None

 

Presentations

 

DCRA – Dr. Patrick Canavan, Director of DCRA – His vision for DCRA

 

Dr. Canavan thanked the Commissioners for allowing him to join their meeting.  He started off by say that he was brought to DCRA because it had not been a great neighbor in the neighborhood and the customer service area was quite lacking in terms if its ability to follow-up on issues or to get back to constituents when needed.  He wants to partner with the community in addressing improvements in quality of life issues.  He stated that they have already taken a number of steps to start to improve the customer service actives, not the least of which was to bring on customer service specialists who ever crossed trained.  He stated that often times in the past, parts of DCRA did not talk to each other.  While one might need to get a basic business license for the rental unit, which you knew, you don’t know that you needed a CFO that was appropriate for the application, particularly because no one had told you.  What they are working on now is to make sure each department understands how they maybe impacting another department and vice versus to make the whole story is told and the process is as smooth a complete as possible.

 

He stated that his former job was the Director of Neighborhood Services and the whole idea behind Neighborhood Services was working together with DCRA to solve problems that were present to them.  He felt their ability to solve problems was improved when DCRA was honest with them and they had varying levels of success.  He was critical of DCRA from the outside and would say that they needed to be more involved.  Now that he is the DCRA Director he is creating positions in the inspection division in this area to focus on Ward 6.  Shortly he will be announcing the ward supervisors and all the inspectors who are housing inspectors, commercial inspectors and construction inspectors, and they will report to the

Ward 6 supervisor and he is confident that it will dramatically improve how they view Ward 6 and how they can better support Ward 6 to have a better quality of life in Ward 6.

 

Dr. Canavan also stated that they are an economic development agent of the city in terms of regulations of business licenses.   In the future we will see them taking a more active role in publicizing about basic business licenses and educating the people on the responsibilities of business owners and also on effective ways on improving itself.  

 

He stated that DCRA has spent a lot of time working with other agencies to improve its IT Systems.  Their latest count is that they have 51 databases that don’t talk to each other.  He is planning later in the week to turn on the switch to connect 6 existing databases that are necessary to do building permits.  It is his hope that by next Monday, that they will be able to retire the 3 old IBM electric typewriters they have currently use to type permits.  He went on to say this is not the ultimate system, but it is an attempt to start the modernization process and it will have in it some safeguards to prevent illegal duplications. He stated that he is attempting to demonstrate to the community that he is working to do something in the right direction and that is what is doing, which means he must improve the IT System first and he is very pleased with the Council’s support in getting the funds to start the initiative to make the needed IT improvements.

 

This year DCRA started a Chief Tenant Advocate Division to support tenants in these extremely difficult rental market and we will be hearing more about it in coming days.  They will look to protect affordable housing for all who rent in DC.  Their initial focus will be on organizing tenant groups and educating tenants on their rights.

 

Additionally, the Council has provided DCRA with some money and 8 positions to direct the efforts of the Office of Consumer Protection.  At one time the DC’s Office of Consumer Protection was the model that was used around the country.  But over time it was dismantled, but not is back.  Their initial focus is on automobile repair shops and home improvement contractors, which are the two professions they get the most complaints about.  He went on to say that business licenses are the way in which they can start to address consumer fraud and consumer protection issues.

 

He provided the Commissioners and community with a postcard on which to list their request and comments regarding needed services and actions or lack of action.  He stressed the importance of getting feedback and his desire to make DCRA the best it can be.  He also informed that group that there will be an ANC Liaison that will be up and running very quickly.

 

Commissioner Campbell asked if they had issues or questions, who should they get in contact with.  Linda Argo, the Deputy Director responded that they can contact her directly (202) 442-8937 or they can go on the website: www.dcra.dc.gov and asked the director is on the left hand side.  He also gave the general information phone number of (202) 442-4400. 

 

Commissioner Jarboe asked when will the Home Owners Center open and when will the rent control forms part of the basic business license for tenants be online.  He stated that not have the forms online is one thing that he hears a lot of complaints about.  He went on to say that the Commission was very pleased Bill Crouse the Zoning Administrated and felt Dr. Canavan had made an excellent selection in choosing him. He is not only sensitive to the community’s needs, but he also knows the zoning laws down cold.  Commissioner Jarboe stated that they tried to go to a streamlined permit processing and they have not gotten their yet, but the downside of that is the need for strong enforcement on the backend.  He is concerned because what the ANCs often find is not just that DCRA screwed up, it is that people put down the wrong information.  He went on to say that he would not say that people lied, but they have come real close to it because there is no enforcement on the backend. 

 

Dr. Canavan responded that he did not know exactly when the Homer Owners Center would be open, but he thought it would be sometime in December.  Regarding the Rent Control Forms, there are over 125,000 files for rent control and they are all paper files.  Most of the big land development companies have their information computerized and print them out and present them to DCRA and he wants to be able to accept their information electronically.  He went on to say that they are doing a number of things to updated information on their website, including the desired form.  He also stated that he really wants to know what is happening and he spends time driving around the city in the alleys and else where to see exactly what is and is not happening so that he can hold people accountable.  He believes in trust and verify.

 

Commissioner Glick and several other Commissioners presented Dr. Canavan with their completed postcards outlining their complaints and suggestions seeking some action on his part.  Dr. Canavan assured the Commissioners and the people in the audience that his office would investigate each complaint and encouraged everyone to utilize the postcards and their online website to communicate with his office their complaints and comments.  He also informed everyone about the Inspector Generals Office and suggested that they utilize his office regarding issues.  He provided the IG’s e-mail contact information which is ig.dc.gov and he believes he is doing an excellent job and suggested we contact him.

 

Commissioner Campbell discussed condominiums and some problems related to them.  Dr. Canavan stated that they have had some problems with condominium developers and a couple of weeks ago his office won ten (10) of eleven (11) counts against the builders of Embassy Apartments who sued DCRA and him personally on a very very serious matter.  It was brought to his attention that they had not followed the law.  He is one of the first DCRA Directors to take that and investigate and to determine that they were liable and order up a cease and desist their activities.  When they (Embassy Apartments) appealed in court DCRA fought hard and crafted a legal argument that was success in them wining ten (10) of eleven (11) counts in their favor.  Therefore, he wanted everyone to understand that when it comes to condos he is willing to make sure they follow the law.

 

There was some discussion regarding illegal construction in various areas and Dr. Canavan stated that he’s got some excellent inspectors and they will investigate any and all complaints.  He also suggested that people contact the office inspectors to reports problems.  The number is 442-stop is for Stop Illegal Construction.

 

SEED Public Charter School of Washington – Rajiv Vinnakota, Co-founder

 

Mr. Vinnakota stated that SEED Public Charter School of Washington is the only public boarding school in the District.  It has been in business since 1998.  There are currently 320 students from grades seven to twelve that are being prepared at SEED for college.  Students enter SEED through a public lottery in sixth grade.  Students come to school on Sunday night and stay until Friday afternoon.  Every interested student has an equal chance at attending and all students attend tuition-free.  Most students come to SEED 2 to 3 grades levels behind where they should be.  Students come from neighborhoods around the District, including many from immediately adjacent communities.  They have graduated 2 classes since their inception 8 years ago and every student who graduated has gone on to a 4-year college.  They average every year 3 to 5 times the number of requests for attendance as they have slots.  They would like to serve more students.

 

For the last two years they have been working with the City Council and the Mayor’s office to try and identify a second campus.  After looking at over 100 sites they have arrived at using part of the RFK northwest parking lot, bounded on the north side by Benning Road and on the west side of Oklahoma Avenue, on the south side by C Street, and the east side by the Metro, which is actually 30 acres.  He further stated that they are not looking to use all of the land.  Mayor Williams approached Congress and created legislation that would transfer up to 15 acres to be used as a SEED boarding school.  The intention is to serve another 600 students in grades 7 through 12.  He went on to say that he was present because he wanted to inform neighbors and community members about the work they have been doing. 

 

He stated that the process is like a 9 inning baseball game and this is the 2nd inning.  The active legislation passes the Mayor has to go through a whole process.  There has to be a definition of exactly which up to 15 acres of the land will be used, and that will be a community process with many members of the city to figure what would work best, taking into account number of different issues and concerns.  There will be a number of community meetings that will held at St. Benedict the Moor Church, which on Oklahoma Avenue.  He provided the Commissioners and community handout material on the SEED school and upcoming meetings and referred everyone to the Hill East listserv for additional information.  He also provided his contact phone (202) 785-4123 and e-mail:

 

Commissioner Glick stated that he appreciate what they were doing.  He then asked Mr. Vinnakota what they were paying for the land.  He responded that they are not paying anything.  Commissioner Glick stated that this was another handout in the Hill East community from the city, like St. Coletta’s and National Capitol Medical Center and he just wish that someone would pay for the land.

 

Mr. Vinnakota responded by saying that he understands and there are a number of issues involved in looking at different pieces of land.  He went on to say that there is also a competing bill on Capitol Hill that is looking to sell the land to the highest bidder and the piece of land they are talking about is in that bill. 

 

Commissioner Glick asked if they receive money from DC Government for education and he responded that that was correct.  He went on to say that they receive 2 streams of funding.  Number 1 is for the academic program in which they receive a per pupil allotment on an average they receive about $10,000.00 per student.  In addition to the education budget there is a line item that funds boarding and that is an additional $15,000.00 per student.

 

Commissioner Sheldon thanked Mr. Vinnakota for coming and for the excellent job they are doing at the school.

 

Commissioner Jarboe stated that he too appreciates their program, but what is extremely disturbs him is the way in which they are going about the process.  He went on to say that if is the Mayor’s office or Congress that the Commission needs to yell, then that is what needs to be done because he like everyone else is tired of people parceling out Hill East land like they did with St. Coletta’s and the hospital, yet again is very upsetting.  RFK at some point in time will no long be there and the Commission and community must plan for the use of that land.  He went on to say that he understood his dilemma in finding adequate space for his expansion and hope he would reconsider the process.

 

National Marathon – Greater Washington Sports Alliance – Christopher D. Brown, Manager, Sports Initiatives & Business Development

 

Mr. Brown stated that Greater Washington Sports Alliance is the Regional Sports Commission for Washington, Maryland and Virginia and they do bids for sporting events in the respective states.  His mission was to provide information on a new race for the area the National Marathon, which the Alliance have been working over the past year with the Mayor’s office to secure, and they have received approval from the Mayor’s Special Events Taskforce for the race.   He spent a few minutes reviewing the route of the race and its potential impact on the neighborhoods of ANC 6B.  The race is scheduled for Saturday, March 25, 2006 and will start and finish at RFK Stadium.  The race will have approximately 5,000 participants and it is a qualified race, which means a runner must have pre-qualified in two previous races with a running time of four (4) hours and thirty (30) minutes.  This allows for the route that can be quickly opened once the participants pass through a neighborhood.  The race will start at 7:00 a.m. and end at 1:30 p.m.  Goodwill Industries will have their people following the last runner cleaning up any derby left by the runners and their support people.  They have worked with fire department and police and will be using rolling openings and closings of streets, which should help reduce traffic congestion.  He went on to encourage neighborhoods to give involved in the race effort by volunteering.

 

Commissioner Jarboe asked if when they do road closure will there be any parking restrictions.  His response was no and that the DDOT was assured that there would not be towing in the neighborhoods prior to the race.

 

Commissioner Glick asked Mr. Brown is the route he has laid out would be the permanent route.  He stated it would not.  He went on to say that they were attempting to highlight the various neighborhoods so that they could showcase the work that has been done in the communities.  Commissioner Glick asked by the city needs another race when it has the Marine Marathon and what are the benefits of this race.  Mr. Brown responded that this Washington area ranked 3rd in the United Stated as a runner’s market and part of their role is the highlight the assets of the residents that live here in the various neighborhoods.  The Marine Marathon is a race in which anyone can participate.  This race is to be a special high level event and it will generate much need funds to support the local youth investment organizations and the anticipated economic impact on the region.

 

Commissioner Campbell expressed his concerns regarding the potential disruption to his SMD with parking and traffic associated with the event.  Mr. Brown said they will be asking participants to utilize the metro and centralized local parking facilities that will be setup.

 

Commissioner Russell questioned the real impact the runners will have on the neighborhoods, which will only be compounded by the normal Saturday travel and activities in the various neighborhoods.  Mr. Brown stated that there will be a flow pattern that will be established to illustration when runners will be coming through the various neighborhoods.  He stated that he will come back and review the specific flow patterns with the Commission.

 

Commissioner Jarboe invited Mr. Brown to come back at a later date to specifically talk about the traffic problem because they will be blocking of two main thoroughfares on a Saturday.  This will help alleviate the fears in the neighborhood when he has the specific traffic and flow patterns to review with everyone.  To which Mr. Brown responded that that is exactly what the Professional Race Management company is doing in getting the actual traffic lane closures and the Alliance is more than willing to come back and review the details to get the Commission and community input and involvement.

 

Someone from the community asked if they had a qualified marathon planner setup the race.  Mr. Brown response was yes.  The person went on say that he was a marathon running and the course they had outline was very difficult.

 

Commissioner Sheldon asked Mr. Brown based upon his discussion regarding the marathon’s growth, what type of numbers was he looking at for the future, was he looking for numbers like the Marine Marathon which is 30,000 participants.  Mr. Brown responded that he was not looking for numbers like that in fact they are looking at over a three year growth that the number would be more like 8,000 participants.

 

Planning and Zoning Committee

 

The Chair turned the meeting over to Commissioner Russell, Planning and Zoning Committee, Vice Chair.

 

Commissioner Russell presented the Committee Report:

 

BZA # 17397, 1008 South Carolina Ave. SE, Variance lot Occupancy, non-conforming structure, addition two-family flat

 

Architect, H.L. Walker present representing David Jackson, owner. Due to deterioration of the rear wall of the structure it had to be demolished. Owner, secondary to demolishing existing rear wall, wishes to reconstruct the rear wall to eliminate the rear recess which will add 44sq. ft. to the building. This will increase the lot occupancy from 60% to 71%. This will exceed, by 1% the allowed BZA allowance of 70%. 

 

Applicant is also seeking a variance for the 1% excess. However, the 1% over 70% is within the Zoning Administrators discretion (the Administrator may allow up to 2% over lot occupancy under section 407 of the zoning regulations), we don’t see why he should have had to apply for a variance in the first place, just for the special exception going over 60%.  With the addition to the lot the structures will fill in a rear access, the addition will be in line with existing structures on either side and therefore will not adversely or impinge on issues of light, air and privacy of adjourning structures.

 

Applicant has letters of support from neighbor of 1006 South Carolina Ave. SE, Peter & Deborah Hernandez and 1010 South Carolina Ave SE, Charles Thomas. As there exist no concerns from the audience members or Commissioners the Committee recommends this to the full ANC for approval.

 

Commissioner Jarboe stated that one other item not listed in the report is that this case does meet the variance test because it is a strange shaped lot and if it was not for the strange shape of the lot, it would stay within the 70% requirement, therefore it does meet the variance test of having an extra ordinary circumstance.

 

The Chair asked if there was any new information and there was none.  The Chair then stated that this matter comes before the Commission as a recommendation by the Committee in the form of a motion requiring no second.  He then asked all in favor of adopting the Committee’s recommendation to raise their hands.  The vote was unanimous 10-0.

 

Committee Chair, Francis Campbell then presented the next case.

 

BZA # 17400, 325 A St. SE Special exception rear addition court requirement S.F.D.

 

Matt Ossolinski, Architect representing Peter & Katherine Powers, owners. Owners seek a special exception to construct a rear addition while maintaining the existing width of an open rear court. Due to the height of the addition the court should be 8ft. 2in.  Applicant is seeking a special exception to the court yard requirement as this is not possible secondary to the lot size to maintain the rear court at 6ft. There exist no issues of light air or privacy of adjourning neighbors and the proposed addition is in keeping with the size and mass of existing properties.

 

Support of this addition by a neighbor is alleged in section (a) of the applicant’s proposal. Applicant is encouraged to produce letter/s of support from neighbors. There exist no concerns from audience members or members of the Committee, therefore the Committee recommends the application to the full ANC for approval.

 

Commissioner Campbell asked if there was anyone present representing the case.  Mr. Ossolinski stood and addressed the Commission.

 

Mr. Ossolinski stated that he had letters of qualified support from both neighbors for the project.   In response to their qualified support he has changed the design slightly to satisfy their concerns.  Therefore, he is coming before the Commission to support the amendment to his original design. 

 

Commissioner Campbell then read one of the letters which read as follows:

 

“To Whom It May Concern:

 

We have looked over the plans for the rear addition to 325 A Street, SE, next door to our home.  They are acceptable to us.”  Commissioner Campbell then stated that the letter has written in by hand the comment “However, I prefer windows facing my property.” The letter was signed by Susan Ryerson, 323 A. Street, SE.

 

Both Commissioners Campbell and Olson asked Mr. Ossolinski if the neighbor wants windows facing her property and he responded yes.

 

Commissioner Jarboe asked if the windows would be on a party wall.  Mr. Ossolinski stated that they would and went on to say that he would use a drawing to illustrate later.

 

Commissioner Campbell then read the letter from David Ottaway who is at 327 A Street, SE,:

 

“To Whom It May Concern:

 

We have looked over the plans for the rear addition to 325 A Street, SE, next door to our home.  There are acceptable to us provided that the upstairs east wall extending past our kitchen extension wall is brick and not glass.”

 

Commissioner Campbell stated that he did not remember any mention of the wall being glass. 

 

Mr. Ossolinski explained that they had originally put windows in facing east and the party wall facing west with no windows.  The neighbor with the windows facing east into the court decided that they did not like the windows.  The neighbor on the west said that they did not like looking at a concrete wall.  So what they did was reverse their scheme to put windows not on the property wall (party wall), but recessing in 3 feet, which is the new plan he would like to submit.

 

Commissioner Jarboe asked if he was recessing the windows in 3 feet on what was the party wall before, was he creating an illegal court on that side.  Mr. Ossolinski said yes.  Commissioner Jarboe then stated that he would then need a different special exception now.  Mr. Ossolinski responded that he would need to amend his special exception to allow a court on both side.  He went on to say they the changes are being made to satisfy the neighbors.

 

Mr. Ossolinski spent some time reviewing the original design and the revised design and the reasons for the modifications. 

 

Commissioner Jarboe stated that he would move that the Commission amend the Committee Report to support the amended submission and it was seconded by Commissioner Russell.

 

Mr. Ossolinski then asked that should BZA not allow them to have the new non-conforming court that the Commission give a secondary support for the original proposal.  He went on to say that he was trying to anticipate what BZA might say about the revised proposal in rejecting it and with them supporting the original proposal. 

 

Commissioner Campbell stated that he did not have a problem with this approach. 

 

Commissioner Cernich then asked if that would mean that the Commission would be supporting the design that the neighbors did not like. 

 

Commissioner Sheldon stated that he would not support anything that the neighbors are not in favor of.  He went on to explain how some constituents in his SMD had a conflict relating to a neighbors construction and it ending up costing hundreds of thousands of dollars in legal fees to get it resolved, and he wants to avoid that type of situation if possible.

 

Mr. Ossolinski asked if the submittals he previously submitted to the Planning and Zoning Committee in spite of the objections from the neighbors is not the issue about the effect of the addition on light, air, and privatize of the neighbors.

 

Commissioner Sheldon stated that as long as the neighbors have objections he will not be supporting the original design.  He further stated that since Mr. Ossolinski had revised his design to satisfy the neighbors’ wishes, he is willing to support the amendment regarding the revised plan, but not the original plan.

 

Commissioner Campbell stated that he could not see a reason why BZA would not approve the revised plan, therefore he did not see the need for him wanting the Commission to do a backup support for the original design.

 

Commissioner Jarboe and Mr. Ossolinski discussed the issue of matter-by-right and Commissioner Jarboe stated that the design change will help the neighbor on one side regarding their light, air and privatize, but under the special exception it isn’t their light, air, and privatize that is at issue.  It is the light, air, privatize of the neighbors on the other side.  Commissioner Jarboe then stated that he would be inclined to support the original design even though the neighbors would not be happy with it, because he could not see a logical rational to deny his original request.

 

Commissioner Campbell said the matter is only complicated in that when the original design was presented at the Planning and Zoning Committee meeting Mr. Ossolinski stated that he had the neighbors’ approval.  But when he bring them in their letters specifically states what they do and do not agree with, which now complicates the matter somewhat regarding the recommendation on the original design.  He went on to say that the Commission can not vote to support your revised plan as Commissioner Jarboe’s motion is to do, and turn around and back support your original plan and would go against what the Commission is actually supporting which the revised plan.  So Mr. Ossolinski can not have it both ways. 

 

Commissioner Olson pointed out that the Committee recommended the approval, so the Commission will need to vote and that first, and then it can vote on amendment.  She went on to say that the Commission has spent the last two (2) months in a battle to try and to get the neighbors to work with the owners of 644 Independence and the majority of the Commissioners agreed with the neighbors for the most part.  Once again in this case believes the Commission should side with the neighbors and not approve the original plan and approve the second plan.

 

Commissioner Cernich asked Commissioner Olson why she wants to side with the neighbor, not to challenge her, but just understand her logic.

 

Commissioner Olson stated that she was not siding with the neighbors.   But she felt that the issues had been discussed with the neighbors and the design had been changed to satisfy the neighbors concerns, which she was quite pleased with, and she would rather see neighbors getting along and she would prefer to see something that will satisfy all parties and if the parties are satisfied with the new design, she can see any reason why the Commission should not approve the revised design and why BZA would not approve it based upon the Commission’s “great weight”.

 

Commissioner Cernich stated that the had an academic question based upon his observations, since he has been on the Commission, it appears that the Commission lets the neighbors veto projects and he wanted to know if that was the way in which the Commission would be making decisions or are they exercising their independent judgment on the issues.  He reminded the commissions that they represent both the neighbors and the applicants in the matters and wanted to make sure he understood the logic and rational on how decisions are arrived at, just to inform his decision making efforts.

 

Commissioner Glick stated that he always vote in favor of something with the neighbors on both sides are not opposed to is how he makes his judgments.  Commissioner Cernich then stated that the neighbors can veto a project.  Commissioner Glick said not that they can veto it, but they need to show that they have tried to work with the neighbors to resolve problems in a good-faith effort, which he can see being done in this case.

 

Commissioner Jarboe stated that he did not want to take a vote on the original design now because there are not neighbors her to voice their opinions on the matter.  He would vote to support the revised plan and if for some reason BZA votes against it, he can come back and the Commission will take it up because as it stands today the Commission is neutral on the first design.

 

The Chair asked all in favor of amending the Committee Report to recommend the support of the revised plan that were present here this evening to raise their hands.  The vote was 9-0-1.

 

The Chair then asked all in favor of supporting the revised application to raise their hands.  The vote was 9-0-1.

 

S.O. (Surveyor Office) # 05-2341 Alley Closure Square 1076 between 15th, 16th, E St. & Potomac Ave SE Rear

 

Michael Berman & Tom Sherman owners of properties consisting of storage lockers facilities in the rear alley, Sq. 1076, lots 69, 79-86 & 832. Owners wish to secure dead end alley, which has a cinder block wall at one end and secured by a gate at the other end.

There exist some concerns as to how and if this closure will impact in any way the owner of lot 87.

 

Tacit approval is recommended for this project to the full ANC pending any impact statement from the owner/s of lot 87.

 

Commissioner Campbell asked if anyone was present representing the applicants.  Mr. Berman stood and approached the commissioner’s table.

 

Mr. Berman stated that the one house that might be affected by this is the abandoned one.  Commissioner Olson asked if he had confirmed that it is a vacant house and he said yes.

 

Commissioner Jarboe asked if he was correct when he say there is not a garage at that location and Mr. Berman agreed with him.  Commission Jarboe stated that he wanted to make sure someone did buy the house and trying to turn into a garage, which would be a problem.  No garage no problem.

 

Commissioner Russell stated that the alley in question is basically a grass area therefore she would support the closure.

 

After Commissioner Campbell and the other Commissioners reviewed the drawings, they agreed that there were no issues associated with the closing of the alley that would negative affect the neighbors, therefore the word tacit in the report should be removed and will say approval.

 

The Chair asked all in favor of supporting the Committee’s recommendation to raise their hands.  The vote was 8-0-2.

 

P.S. #15084, 422 3rd Street, SE – St. Peter’s Parochial School – Erection of sign in front of school

 

Don Denton, President of the School Board addressed the Commission regarding the application.  He stated that there are 436 students attending the school, which is located on Capitol Hill.  He described the location of the school and stated they would like to put up a sign that would be similar to ones already in place for other schools.  The sign would be 4 ½ feet by 4 ½ feet and would be located about 16 feet from the edge of the sidewalk up on a hill facing southwest.  He also stated that HPRB had already looked at the sign and had approved it.

 

Commissioner Olson stated that St. Peter’s was in her SMD and she had no objections to the sign placement.  Commissioner Olson then made the motion that the ANC support the placement of the sign.  The motion was seconded by Commissioner Wright. 

 

The Chair then asked all in favor of the public space permit to raise their hands.  The vote was unanimous (10-0).

 

HPA #06-029, 1225 – 1227 Pennsylvania Avenue, Replace existing ground floor storefront with new wood storefront and add second floor atop existing building

 

Mr. Roderick Williams on of the prospective owner of the 1225-1227 Pennsylvania Avenue property stated that the property has been vacant for approximately 8 years.  He is proposing that they add a second story to the structure.  He stated that the bottom floor is divided by a wall that creates two separate 630 sq. ft. areas and they would like to have the some on the second floor.  He introduced his Architect, Damon P. Ward of DPW Design & Development. 

 

Mr. Ward stated they are looking to add a second story to an existing one-story structure.  Mr. Ward said that his design was based upon the desire to stay within the keeping of Pennsylvania Avenue and Capitol Hill and with the idea of at least one of the offices being used as law office space.  He went on to say that he looked over the city to find storefronts where they had added a second story to the structure with a setback, but he couldn’t find very many.  But their main objective of setting the second floor back is to make it as transparent as possible.  The structure spans over two lots and therefore there needs to be a party wall on the lot line, so they are planning to do that on both floors.  What they are planning to do is a matter-of-right. 

 

Mr. Ward spent time reviewing the specifics of his design with the Commissioners.  He was asked by Commissioner Russell what would the exterior be made of.  He responded that the first floor would be brick and the second floor with be, on the corners, and aluminum siding between glass windows.

 

Commissioner Campbell asked how far back would the setback be and Mr. Ward said it would be 4 feet.

 

Commissioner Cernich asked if they had passed their plans by HPBS.  Mr. Ward responded yes and that they had been instructed to begin the process with the ANC and then come back to them.  They did not comment on this design at all. 

 

Commissioner Jarboe stated that is concern was the potential loss of retail space along Pennsylvania Avenue and he wanted to know if he was allowing for the option of making some of this space retail.  Mr. Ward responded that he was and mostly on the ground floor.  He went on to say that part of the decision on dividing the first (ground) floor was to allow for potential retail space, even thought it would not be very large space, but it would allow for expansion.

 

Commissioner Cernich asked Mr. Williams if he had a tenant lined up.  Mr. Williams stated that he is a lawyer and he was looking at potentially occupying part of the structure for his office.

 

Commissioner Jarboe stated that he was willing to support the application, however he was concerned about the aluminum siding and wanted to know if there was any other material that could be used in its place.  As far as the setback was concerned he likes the design and suggested that the look at the building across from Eastern Market where they put the second floor on and set it back as well as a good example he can use.

 

Commissioner Cernich told Mr. Ward that the structure was not in his SMD, but he would support it and suggested that he look at the exterior material to keep it in line with the area.

 

Commissioner Campbell asked if they had considered asking HPRB for permission to remove the storefront from the structure.  Mr. Ward and the other Commissioners felt that HPRB definitely would not consider favorable such a change.

 

Commissioner Sheldon made the motion that the ANC support the application with the caveat that the developer look carefully at the material they will be using on the second floor.  The motion was seconded by Commissioner Cernich.

 

The Chair asked all in favor of supporting Commissioner Sheldon’s motion to raise their hands.  The vote was unanimous (10-0).

 

ABC Committee

 

Congress Market – 421 East Capitol ST, SE-Lic # 60537, Class Retail B

Eastern Thrifty Market – 1620 A Street, SE-Lic 685, Class Retail B

7th Street & L Market – 700 L Street, SE – Lic # 60537, Class Retail B

Roland’s of Capital Hill – 333 Penn Ave SE, J&K, Lic # 60916, Class Retail B

Pennsylvania Avenue Market – 1501 Penn Ave SE, Lic # 71197, Class Retail B

 

Applicants are following the Voluntary Agreement and there are no objections from the community.  The ABC Committee recommends that the full ANC do not oppose their license renewals.

 

On a separate note, Pennsylvania Avenue Market requests that we consider holding ABC meetings at a different time of the day. Early evenings are the busiest times of the day for most store owners because of the Lotto.  I support the ANC giving this additional consideration. 

 

Lincoln Park Mini-market – 1023 East Capitol Street, SE - Lic # 60703, Class Retail B        

Motts Market – 233 12th Street, SE– Lic # 10545, Class Retail B

 

No representatives were at the ABC Committee meeting.  The ABC committee makes no recommendation to the full ANC, at this time.

 

Commissioner Jarboe made the motion that the first five (5) be considered in block. The Chair stated that the recommendation from the Committee comes as a motion requiring no second and the Commission will be voting on the first five (5) applications. 

 

Commissioner Jarboe stated because of past history with Pennsylvania Avenue Market, if this was the new owners or not.  Commissioner Wright responded that it was not new owners, that it was in fact the same owners. 

 

Commissioner Hill stated that his concern was that they did not have a Voluntary Agreement.  Commissioner Wright looked through the file and responded that they did have one in place.

 

The Chair then asked all in favor of supporting the ABC Committee recommend to not oppose the license renewals to raise their hands.  The vote was unanimous (10-0).

 

Commissioner Jarboe stated that the other two (2) establishments were in his SMD and he has not heard any complaints or concerns about them.  He asked if any of the owners of Lincoln Park Mini-market and Motts Market were present.  No one was present from either establishment.  Commissioner Jarboe then recommended that since there were no outstanding complaints that the Commission take no action.

 

National Capitol Medical Center Resolution

 

Commissioner Jarboe stated that the city has proposed to build a National Capitol Medical Center on Reservation 13 along Independence Avenue.  The ANC co-sponsored the forum at Hines a couple of weeks ago on this.  He has some great concerns about the facility and had shared them in an e-mail he sent around to Commissioners.  He has two basic problems with the proposed center.  First, he believes it is bad health care policy.  He keeps hearing people talk about the chronic health care conditions, but yet this is a hospital and it is not clear it is matching the need for what is there.  Second, he keeps hearing that the need is east of the river.  Well, they are building a hospital west of the river.  He went on to say that if there is a need for a hospital east of the river.  He also thinks this bad land use policy for Reservation 13.  He thinks an appropriate health care facility on the site was anticipated, but this thing just keeps spreading and growing in that it is now taking over the whole site.  They are not talking about now not putting in parking as called for in the Master Plan, but using RFK parking lot, they all talking about consolidating of the clinics not on the hospital site, but on a site next to the DC Jail.  He is afraid that the area will eventually turn into a medical campus on Reservation, which may be fine with some people, but that is not what they planned for.  What he really is disturbed about is the proposal by the City Administrator to circumvent the existing process.  There is a process called the Certificate of Need.  So when you need to build a health care facility, you need to go through this process.  In fact they are going through this process at Medlink.  They are selling the hospital and they are splitting the hospital and land at Medlink.  They are selling the hospital to one group and they will develop the other half as condos.  The City Administrator wants circumvent the Certificate of Need by saying that it is flawed and states have gotten rid of it.  He went on to say that that is find, get rid of it, but don’t come back in the middle of a process and say they will circumvent it.  Two years ago the city had an opportunity to get rid of the Certificate of Need, but did not.  There was a bill that just passed in January that streamlined the Certificate of Need Program.  It put mandatory deadlines of 90 days, it exempted schools when they got equipment, so if the Certificate of Need was so bad they should have fixed it then rather than now come in a try to circumvent the process. Commissioner Jarboe had provided each Commissioner with a copy of the Resolution, which he reviewed with them.

 

 

Resolution

National Capitol Medical Center

November 8, 2005

 

Whereas: the City Administration has proposed in conjunction with Howard University to build a $400 million, 250-bed hospital with Level 1 trauma capabilities, a medical office building and a research complex to be know as the National Capitol Medical Center (NCMC);

 

Whereas: the original justification given for the NCMC is to serve currently medically underserved residents, especially those east of the Anacostia River;

 

Whereas: the NCMC would be located west of the Anacostia River on lots B and C of Reservation 13, within the boundaries of ANC 6B;

 

Whereas: the serious unmet medical needs of Washington residents are primarily for chronic care for conditions such as asthma, hypertension, heart disease, diabetes, cancer, HIV-AIDS, conditions which are better treated by family doctors and in outpatient specialty clinics and offices than in a hospital, emergency room or trauma center;

 

Whereas: construction and operation of the NCMC is likely to result in the closure or dramatic downsizing of the current Howard University hospital and Greater SE Hospital and result in a negative impact on the viability of Prince Georges Community Hospital;

 

Whereas: the loss of these medical facilities due to the construction the NCMC will decrease the access to health care facilities in the currently underserved areas;

 

Whereas: a more appropriate health care facility on Reservation 13 could both strengthen the existing health care facilities and provide a spur to expanded health care in underserved areas;

 

Whereas: the cost of the NCMC would preclude the expansion of ambulatory care in underserved areas;

 

Whereas: the cost of the NCMC will put heavy burdens on the District’s ability to borrow funds for other needs, such as school modernization;

 

Whereas: the proposed agreement between Howard University and the District may put the District at risk for ongoing and continued annual outlays of expenditures for the operation of the NCMC;

 

Whereas: the proposed location of the NCMC has spread beyond the limits of lots B and C of Reservation 13 to included the use of the RFK parking lots for hospital parking and to included the consolidation of certain city medical facilities currently on Reservation 13 to a site on lot L located along the proposed extension of Massachusetts Avenue;

 

Whereas: the NCMC proposal is incompatible with the Master Development Plan for Reservation 13 in that it eliminates underground parking and reconfigures roads including those in what were to be residential areas;

 

Whereas: the City Administration has proposed to legislatively circumvent the established Certificate of Need process specifically for this project;

 

Whereas: legislation proposed by the City Administration concerning the Certificate of Need process does not seek to reform or eliminate the process but solely to exempt the NCMC project.

 

Be it therefore resolved that ANC 6B:

 

  1. opposes the proposed National Capitol Medical Center;

 

  1. urges the City Administration and the Council to develop alternative proposals that will better address the health care needs of the citizens of the District of Columbia, including more appropriate health care facilities on the Hilliest Waterfront; and,

 

  1. a) strongly opposes any attempt to circumvent existing decision making processes, specifically the proposal to circumvent the Certificate of Need process;

 

b) admonishes the Administration for proposing such actions to undercut the process; and.

 

c) strongly opposes against any other attempts to exempt this project from existing rules and regulations.

 

Commissioner Jarboe moved that the Resolution be accepted as a motion and it was seconded by Commissioner Wright. 

 

Commissioner Sheldon stated that he thought the Resolution was well crated and that he had heard from a number of constituents regarding this (National Capitol Medical Center) and he would hope that the Commission could speak as one voice in support of this Resolution.

 

Commissioner Campbell stated that he has gone on record as personally supporting the National Capitol Medical Center.  However, as a Commissioner, his constituents are pretty much divided down the middle on this issue.  He went on to say that he does agree with Commissioner Jarboe in that this appears to be a land grab, so there are issues that he is in full agreement with.  He stated that he is hard press to vote yes or no simply because of what his constituents are saying regarding the issue, therefore he will abstain on the vote.

 

Commissioner Olson stated that she does not necessarily oppose what was originally in the Master Plan for Reservation 13, which she believes it was for a 110 - 140 bed facility.  She went on to say that she thought everything Commissioner Jarboe had in the Resolution was right on the make in term of them circumventing the process, they are not listing to the neighborhood and she could see a smaller facility there.  In the end, she could see Reservation 13 becoming a medical center with St. Coletta’s on the corner.

 

Commissioner Campbell then stated that because of the issues Commissioner Olson stated and concerns about Reservation 13 becoming a medical center and because it views this as a land grab, he wants to amend his vote to no.

 

The Chair asked all in favor of supporting Commissioner Jarboe’s Resolution to raise their hands.  The vote was unanimous (10-0).

 

The Chair thanked Commissioner Jarboe for all the work he put into developing the Resolution.

 

Committee reports and announcements

 

Fagon Guide Ad.

 

The Chair made the motion that the Commission authorize up to $300.00 for the ad in the Annual Fagon Community Guide.  The motion was seconded by Commissioner Wright.  The Chair asked all in favor to raise their hands.  The vote was 9-1.

 

Approval of Minutes

 

The Chair stated that at the Commission meeting a number of prior minutes were provided to the Commissioners for their review and correction in order to get up to date on minute approvals.

 

Commissioner Olson stated that the specific minutes were for 2004; January, February, March, May, June, October and December. 2005; April, May, June, July and September.

 

The Chair thanked Commissioner Olson and Mr. Randolph for their work in pulling everything together.

 

Commissioner Jarboe stated that he would like to amend the motion because there were some minor corrections in the ones that have already been approved.  He recommended that Mr. Randolph be authorized to make the necessary corrections to the minutes as he has outlined in his review document for the specific months in question.  The motion was seconded by Commissioner Campbell.

 

The Chair asked all in favor of approving the minutes with the corrections as noted by Commissioner Jarboe to raise their hands.  The vote was unanimous (10-0).

 

Adjournment

 

There was no further business and Commissioner Hill made the motion that the meeting be adjourned until its next meeting date of December 13, 2005.  The motion was seconded, and the vote was 10 to 0.

 

Meeting Adjourned.

 

Prepared by Bert Randolph

 

Attested: