Minutes of Regular
Meeting
Tuesday, June 8,
2010; 7:00 p.m.
ATTENDANCE
Commissioners Present: Dave Garrison (chairing), Carol Green, Will Hill, Kenan Jarboe, Norman Metzger, Kirsten Oldenburg, and Mary Wright.
Commissioners Absent: Francis Campbell, Neil Glick, Michael Patterson.
Also in attendance: ANC6B Staff Assistant, Bert Randolph.
Following the introduction of Commissioners, the Chair suggested that the agenda be changed to: (1) handle both the Planning & Zoning and ABC Committee Acqua AL 2 restaurant cases together as the first item under the ABC Committee section, (2) add a Pour House request for temporary change in hours at the end of the ABC Committee section, and (3) add a discussion on the Hine Jr. High Site before Section #7. There being no objections, the amended agenda was adopted by voice vote after a motion by Commissioner Jarboe (with a second by Commissioner Hill).
Mr. William Mohring introduced himself as a new Outreach & Service Specialist Liaison in the Office of the Mayor. He will be working with Ms Shaeda Ahmadi in Ward 6.
There were no announcements offered.
4.
Presentations
A presentation on the U.S. Dream Academy Learning Center Mentoring Partnership was not made as Mr. C.J. Cross, Mentor Coordinator, nor was any other representative was at the meeting.
Ms Alysoun McLaughlin and Mr. Arlin Budoo of DC’s Board of Elections and Ethics (BOEE) demonstrated DC’s new ES&S iVotronic voting equipment to be used this year at the September 14 Primary and November 2 General elections. The system provides a paper record of each vote as voters caster their votes. Regular paper ballots will also be available at polling places.
Ms McLaughlin also stressed other changes in DC voting laws. It will be possible to vote early in person or by mail without having to cite a reason. In person voting will take place at the office of BOEE between August 30 and September 13 and at one of four satellite locations between September 4 and 11. Same day voter registration will also be available on election day.
Acqua AL 2, Lic.# ABRA-80056, CR01,
Commissioner Wright reported that the Committee recommends that the Commission support the request for a stipulated license for the Acqua AL 2 restaurant sidewalk café. Mr. Ari Gejdenson, owner, was present and had no new information. The Commission voted 7-0 in favor of the recommendation. Commissioner Jarboe cautioned that if any violations occur during the 45-day placard period for the change in the restaurant’s license, this temporary approval will be voided.
Commissioner Wright reported that the Committee recommends that the Commission take no action on the following five (5) ABC license renewals since none of the establishments were represented at the Committee meeting. No one in the community raised any objections to the renewals
Park Café, Lic. #ABRA-029448, CR01,
Talay Thai Restaurant, Lic. #ABRA-016129, CR01,
Thai Roma Restaurant,
Lic. #ABRA-011596, CR02,
The Commission voted
7-0 to take no position on these license renewal applications.
Las Placitas, Lic. # ABRA-003812, CR 01,
Commissioner Wright reported that the Committee recommends that the Commission support the renewal of the license. Mr. Isidoro Amaya was present and said he had no new information. The Commission voted 7-0 in support of the recommendation.
Trattoria Alberto, Lic. # ABRA-008946, CR 01,
Commissioner Wright reported that the Committee recommends that the Commission support the renewal of the license. Because of illness, Mr. Frank Young, was not present to represent the establishment. The Commission voted 7-0 in support of the recommendation.
Commissioner Wright reported that the Committee recommends
that the Commission not oppose the license renewal. The owners have developed a troubling pattern
of violating ABRA rules and the Committee is concerned that this behavior will
continue. Mr. Harvey Mendelsohn was present. The
Commission voted 7-0 in support of the Committee recommendation.
Commissioner Jarboe
moved (with a second by Commissioner Green) to amend the agenda to add the Traverna the Greek Island to the agenda as he wished to clarify
whether or not the owner, Mr. Mendelsohn, had formally changed the
establishment’s name to We the
Pizza and removed the Entertainment
Endorsement from the license. Mr.
Mendelsohn said that both had been taken care of with ABRA. Hearing this, the motion was withdrawn.
Tunnicliffs Tavern, Lic. # 060383, CR 01,
Commissioner Wright reported that the Committee recommends that the Commission support the renewal of the license contingent on the owner and neighbors coming into agreement on a number of issues they had raised before the Committee regarding employees parking illegally and smoking in the alley and trash pickups and deliveries to the restaurant in the alley.
Mr. Tony Harris, owner, was present. Mr. Wally Mlyniec and Ms Mary Wadleigh, both neighbors who reside in houses that back onto the same alley as does Tunnicliffs, told the Commission that they had had a very productive meeting with the owner and that he had signed an agreement with the neighbors promising to rectify various problems occurring in the alley as a result of the establishment’s operations.
Commissioner Garrison commended the neighbors on the thoughtful way in which they had brought the issues to the Commission and thanked the owner for readily agreeing to meet with and handle the problems amicably.
The Commission voted 7-0 to support the renewal of the license.
Matchbox, Lic. # ABRA-079276, CR 02,
Commissioner Wright reported that the Committee recommends that the Commission support the renewal of the license as ANC6B has received assurances from Mr. Perry Smith, one of the owners, that he would take a number of steps to reduce the sounds emanating from the restaurant and by its patrons milling around on the sidewalk as they await a table.
Mr. Smith was present and said he had no new information. The Commission voted 7-0 in support of the recommendation.
The Ugly Mug Dining Saloon, Lic. # ABRA-071793, CR 02,
Commissioner Wright
reported that the Committee recommends that the Commission cease its Protest
and support the establishments license renewal as the owner of the
establishment has agreed to make several operational changes to lower the noise
from the sidewalk café heard by nearby residents.
Mr. Gaynor
Jablonski, owner, was present and said he had no further information. The Commission voted 7-0 in support of the
Committee recommendation.
Senart’s Oyster House, Lic. # ABRA-084374,
Commissioner Wright reported that at the Committee meeting the owner had
agreed to amend his license application to remove the summer garden and shorten
the hours of the sidewalk café. Mr.
Xavier Cevera, the applicant, was not able to be present. However, Commissioner Jarboe noted that Mr.
Cevera had not made the changes in his application because ABRA had informed
his lawyer that to apply for an 11pm end to the hours of operation meant that
the sidewalk café would have to be shutdown by that time.
Since it was not possible to engage the owner in a discussion about this matter, Commissioner Jarboe moved (with a second by Commissioner Hill) that the Commission protest the new license application for Senart’s Oyster House so as to seek to reach an agreement on closing hours for the sidewalk café that are earlier than those in the application. The Commission voted 5 in favor and 1 opposed with 1 abstention in support of the motion.
Mr. Mark Menard, owner of the Pour House,
Commissioner Garrison moved (with a second by Commissioner Green) that the Commission authorize the Chair to provide a letter of support to those ANC6B ABC establishments applying to ABRA for earlier opening hours and alcohol service during the 2010 World Cup games, as long as ABRA considers the establishments to be in good standing. The Commission voted 7-0 in favor of the motion.
PS
Commissioner Oldenburg reported that the Committee recommends that the Commission support the restaurant’s request to establish a sidewalk café in front of its establishment. Mr. Ari Gejdenson, owner, was present and said he had no new information. The Commission voted 7-0 to approve Acqua AL 2’s application for a sidewalk café.
Commissioner Oldenburg reported that the Committee recommends that the Commission approve the historic presentation application now that relevant neighbors have been apprised of the project and let HPRB know that this decision changes the Commission’s 7-0 vote on May 8, 2010, which requested HPRB to delay consideration of the application until adjacent neighbors had been given an opportunity to provide their views to the Commission. Mr. Reger was present and had no new information. The Commission voted 7-0 to support the Committee recommendation.
BZA # 18092, 606 South Carolina Avenue, SE – Special exception to allow a home occupation (wedding cake and custom cake design bakery) in an owner-occupied single-family dwelling
Commissioner Oldenburg reported that the Committee
recommends that the Commission support the request for a Special exception to
allow the owners of
Ms Renu Schmoyer and Mr. Charles Schmoyer, the applicants, were present and stated they have no new information. The Commission voted 7-0 to support the request for a Special Exception to permit the operation of a home occupation.
Commissioner Oldenburg reported that the Committee has no recommendation on the zoning case as critical information was not available to the Committee. Mr. Dale McCabe, of Urban Atlantic, a partner of the DCHA on the project, was present and provided the Commission with a copy of the building plans for the Community Center that had been requested by the Committee. However, he did not produce a written timeline on the steps necessary before the Center could be built.
Commissioner Jarboe noted that ANC6B is an “affected party” in this matter. Commissioner Ron McBee, chair of ANC6D, was present and told the Commission that the long delayed Community Center had been designed as a key element of the new development and its continual delay is a negative impact on the residents.
After some discussion, Commissioner Jarboe moved (with a second by Commissioner Garrison) that the Commission support the requested time extension upon written documentation by the applicants to the Zoning Commission that the $7.5 million needed for construction of the Community Center will be part of the second phase of the Pilot Bond submission and written documentation to the Zoning Commission on the timeline for that submission; and to support the efforts of ANC6D in this regard. The Commission voted 7-0 in support of the motion.
Lower
Commissioner Oldenburg reported that the Committee feels that any vote on this matter is premature until the full report is available later in the summer. The Commission took no action.
7. Hine Jr. High Site
Commissioner Garrison announced that there is a June 9, 2010, meeting on the disposition of the Hine Jr. High School, as well as a DC Council joint Committee roundtable on the matter June 16, 2010.
Commissioner Garrison moved (with a second by Commissioner Jarboe) that the Commission authorize the Chair and/or his designee to convey ANC6B’s earlier position on the disposition of the Hine site (in February 2009) at the June 9, 2010, meeting convened by the Office of the DC Deputy Mayor for Planning & Economic Development.
Commissioner Garrison moved (with a second by Commissioner Jarboe) that the Commission authorize the Chair and/or his designee to testify on the Hine site planning process and to express the Commission’s support of that process at the joint roundtable being held by the DC Council’s Committees on Economic Development and Government Operations and the Environment on June 16, 2010.
The Commission voted 7-0 in support of both motions.
8. Eastern
Market Report
Commissioner Jarboe summarized key portions of the Eastern Market Report, a copy of which is attached.
Commissioner Wright asked about the status of the temporary market building. As no one present was sure of its status, Commissioner Jarboe moved (with a second by Commissioner Garrison) to authorize the Chair to contact the office of the Deputy Mayor for Planning & Economic Development and the DC Department of Real Estate Services to inquire as to the status of the temporary Eastern Market building and urge that it be removed.
The Commission voted 7-0 in support of the motion.
9. Commission
Minutes
Commissioner Oldenburg moved (with a second by Commissioner Wright) that the Commission adopt the April 13, 2010, minutes. The Commission voted 7-0 to support the motion. Commissioner Oldenburg moved (with a second by Commissioner Wright) that the Commission adopt the May 11, 2010, minutes. The Commission voted 7-0 to support the motion.
10.
Adjournment
The meeting was adjourned at 9:30 pm.
Prepared by Kirsten Oldenburg Attest:
_____________ .
Attachments:
Agenda, as adopted
ABC Committee Report
Planning & Zoning Committee Report
Eastern Market Report
Meeting Agenda
The People’s Church
Agenda
1. Adoption of Agenda
2. Community Speakout
3. Community and Commission Announcements
4. Presentation
·
· Voting Equipment Demonstration – Kathy Fairley, Voter Outreach Coordinator
5. ABC Committee
(These items will also be considered
by the ABC Committee on June 3, 2010 at the new meeting location: Southeast Neighborhood Library at
Renewal of license
·
Acqua Al 2, Lic. # ABRA 80056, CR 01,
o and PS # 54886, 212 7th Street, SE, Acqua AL 2, Sidewalk café, 10 tables and 27 chairs
·
·
Las Placitas, Lic. # ABRA-003812, CR 01,
·
Matchbox, Lic. # ABRA-079276, CR 02,
·
Park Café, Lic. # ABRA-029448, CR 01,
·
·
Talay Thai Restaurant, Lic. # ABRA-016129, CR
01,
·
Thai Roma Restaurant, Lic. # ABRA-011596, CR 02,
·
Trattoria Alberto, Lic. # ABRA-008946, CR 01,
·
Tunnicliffs Tavern, Lic. # 060383, CR 01,
·
Good Stuff Eatery, Lic. # ABRA-078027, DR 01,
Protest Resolution
·
The Ugly Mug Dining Saloon, Lic. # ABRA-071793,
CR 02,
New License
·
Senart’s Oyster House, Lic. # ABRA-084374, CR,
o Oyster restaurant & bar featuring seafood and American Cuisine. Occupancy 80 patrons inside and 22 sidewalk.
o Operating hours: Sunday 10: 00 a.m. – 2:00 a.m.
Monday – Thursday 8:00 a.m. – 2:00 a.m.
Friday & Saturday 8:00 a.m. – 3:00 a.m.
o
Sunday 10:00 a.m. – 2:00 a.m.
Monday – Thursday 8:00 a.m. – 2:00 a.m.
Friday & Saturday 8:00 a.m. – 3:00 a.m.
2010 World Cup Special Hours
·
Pour House, Lic. # ABRA-25897, CT 02,
6. Planning and Zoning Committee
(These items will also be considered by the P & Z Committee on June 1, 2010)
·
HPA # 10-235,
·
HPA # XX-XXX,
· BZA # 18092, 606 South Carolina Avenue, SE – Special exception to allow a home occupation (wedding cake and custom cake design bakery) in an owner-occupied a one-family dwelling
· ZC # 03-12I/03-13I, Capper/Carrollsburg PUD Time Extension Request
·
Lower
7. Eastern Market Report
8. Approval of Commission Minutes
9. 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: July 13, 2010
ABC COMMITTEE
Southwest Neighborhood Library
Report and Recommendations
June 3, 2010
Commissioners in
attendance: Commissioners Mary Wright (chairing), Carol Green, Dave Garrison, Dave
Garrison, Ken Jarboe, Kirsten Oldenburg, Norman Metzger, and Bert Randolph,
Executive Assistant
Renewal of license
The ABC license for the following establishments is up for renewal.
Park Café, Lic. #
ABRA-029448, CR 01,
Talay Thai
Restaurant, Lic. # ABRA-016129, CR 01,
Thai Roma Restaurant,
Lic. # ABRA-011596, CR 02,
Since there was no representation from these establishments as well as no objections or concerns from the community, the ABC Committee recommends that the ANC take no position on their license renewal.
Las Placitas, Lic. #
ABRA-003812, CR 01,
Isidoro Amaya is seeking a license renewal with no changes. Upon no objections or concerns from the community, the ABC committee recommends that the ANC support the license renewal.
Trattoria Alberto,
Lic. # ABRA-008946, CR 01,
Frank Young, representing the establishment, is seeking a license renewal with no changes. Upon no objections or concerns from the community, the ABC committee recommends that the ANC support the license renewal.
Acqua Al 2
Ari Gejdenson is seeking a stipulated license to serve alcohol on the sidewalk café. The hours of operation will be from 10 a.m.-1 a.m. and seat 28 patrons. Upon no objections or concerns from the community, the ABC committee recommends that the ANC support the stipulated license.
Good Stuff Eatery,
Lic. # ABRA-078027, DR 01,
Harvey Mendelsohn is seeking a license renewal with no changes. There have been numerous violations against the establishment. Even though the infractions have been resolved by paying the fines, the ABC committee is concerned that this is becoming a pattern. For these reasons, the committee is not comfortable with the operations. Applicant assured the committee that there will be no more violations. The ABC committee recommends that the ANC not oppose the license renewal.
Matchbox, Lic. #
ABRA-079276, CR 02,
Perry Smith is seeking a license renewal with no changes. Concerns were expressed by one neighbor regarding noise issues. Mr. Smith has taken the following measures to help mitigate the noise:
· Having a sound technician perform a complete review and rebalancing of the sound system
· Instructing staff to encourage patrons to wait for their table in the vicinity of the bar area or to the interior rear of the restaurant as opposed to the sidewalk area
· Enforcing allowed seating times on the outdoor patio and discouraging patrons waiting to enter other establishments from using the sidewalk space.
Mr. Smith reiterated that he wants to do everything possible to be a “good neighbor” and will continue to resolve any problems that arise.
The ABC committee recommends that the ANC support the license renewal if the applicant signs a revised VA.
Tunnicliffs Tavern,
Lic. # 060383, CR 01,
Tony Harris is seeking a license renewal with no changes. Several neighbors abutting the Tunnicliff’s property in the back and the public alley expressed concern that Tunnicliff’s has not been a “good neighbor.” They cited parking issues, trucks blocking the alley when making deliveries, bulk trash and garbage placement with untimely pickups as well as receptacles not regularly being cleaned, and inadequate disposal of cigarette butts.
The ABC committee recommends that Tunnicliff’s, the neighbors, and their ANC commissioner come to an agreement on conditions that will help resolve the issues. If an agreement can be made, the ABC committee recommends the ANC support the license renewal.
Protest Resolution
The Ugly Mug Dining
Saloon, Lic. # ABRA-071793, CR 02,
Gaynor Jablonski is seeking to resolve a Protest against his license renewal. He was not present for the May ABC meeting in which there was a complaint about noise possibly emanating from the establishment. To rectify the issues, the owner made the following changes:
· Restricted outside patio serving hours to 12:30 a.m. Monday-Thursday and 1:30 a.m. Friday and Saturday
· Placed a sign at the front door reminding patrons to be quiet when leaving
· Instructed employees to keep patrons inside as much as possible
· Assigned a doorman outside on Friday and Saturday to monitor activity and encourage people to be quiet upon exiting.
In light of these changes, the ABC committee recommends the Protest to cease and support the license renewal.
New License
Senart’s Oyster
House, Lic. # ABRA-084374,
Xavier Cervera is requesting a new CR license for an oyster restaurant and bar called Senart’s Oyster House. Senart’s will feature seafood and American cuisine.
Hours of operation are:
Sunday 10: 00 a.m. – 2:00 a.m
Monday – Thursday - 8:00 a.m. – 2:00 a.m.
Friday & Saturday - 8:00 a.m. – 3:00 a.m.
Sunday 10:00 a.m. – 2:00 a.m.
Monday – Thursday - 8:00 a.m. – 2:00 a.m.
Friday & Saturday -8:00 a.m. – 3:00 a.m.
The seating inside would accommodate 80 patrons and the sidewalk café will seat 22 patrons.
Prior to the ABC meeting, residents shared with Mr. Cervera several concerns affecting “peace, order, and quiet” in the neighborhood. In addition to abiding by all rules and regulations, Mr. Cervera agreed to the following conditions:
· There will not be a summer garden in the rear, nor on the roof.
· Sidewalk café hours will cease at 11 p.m. Sunday-Thursday and 1 a.m. Friday-Saturday.
Mr. Cervera volunteered to amend his license stating the shortened sidewalk hours. Upon amending his license, the ABC committee recommends support of the new license.
The
June 1, 2010
7:00 pm
Commissioners
Present: Kirsten Oldenburg (chairing), David Garrison, Carol Green, Ken Jarboe,
and Norman Metzger
Also present: Bert Randolph, Staff Assistant
PS
Mr. Ari Gejdenson, Managing Partner, has applied for a
public space permit to add a sidewalk café in front of his Acqua AL 2
restaurant on
The Committee recommends that the Commission approve the application.
HPA # 10-235, 619 G Street, SE – Rear storage above a
sub-terranean garage
Mr. Dennis Conners, architect, and Mr. Kevin Reger, owner were present. At its May 11, 2010, regular monthly meeting, ANC6B reviewed the plans to add a storage area on the alley side of the property. Because no neighbors had been contacted about the plans, the Commission voted 7-0 to request HPRB to delay consideration of the application until adjacent neighbors have been given an opportunity to provide their views to the Commission and HPRB.
Mr. Reger presented the Committee with letters from the
owner of
The Committee recommends that the Commission approve the HP application and notify HPRB of the change in its vote.
BZA # 18092, 606 South Carolina Avenue, SE – Special exception to allow a home occupation (wedding cake and custom cake design bakery) in an owner-occupied a one-family dwelling
Ms Renu Schmoyer and Mr.
Charles Schmoyer presented their BZA application for a special exception to
allow them to use less than 25 percent of their residence for a home
occupation. The application is a result
of having previously been denied a home occupation permit because their specialty
(custom cake design bakery) is not included in the allowed occupations
list. It is also not on the list of
prohibited home occupations.
The Schmoyers submitted
letters from both abutting neighbors (604 and 608 South Carolina), and from 605
South Carolina and a petition signed by 20 other nearby neighbors showing that
there is no neighborhood opposition to the operation of this business in the
Schmoyers home.
The Committee recommends
that the Commission support the request for a special exception.
ZC # 03-12I/03-13I—Time Extension PUD
Mr. Dan McCabe of Urban Atlantic, a development partner of the DC Housing Authority, informed the Committee that an extension of time was needed because of financing difficulties before the partnership could build the planned Community Center. The Commission was presented with this same issue in February 2009 and voted not to support the time extension. The Zoning Commission, however, approved a 1½ year extension at that time.
Mr. McCabe said that the funding for the Community Center would come from Pilot Bonds but that this source could not be tapped until an income stream has been generated through the sales of the Phase II townhouses and the residential units to be built on the northern half of Square 882. Mr. McCabe expects the Phase II townhouses to be completed in 2012 and the permit for the Square 882 development to be issued by the end of 2010.
The Committee asked Mr. McCabe to provide the Commission with (1) a written timeline on the expected progress toward construction of the Community Center, and (2) a copy of the design plans for the Community Center.
Given the absence of critical information, the Committee makes no recommendation on this matter.
Lower
Mr. Michael Stevens, Executive Director, and Mr. Ted
Skirbunt, Director of Research & Information Systems, Capitol Riverfront
BID, gave a presentation on the Lower
The purpose of the effort was to generate community ideas on how to vitalize the area bounded by the SE/SW Freeway on the north, 7th and 11th Streets SE on the east and west, respectively, and M Street SE on the south. Mr. Stevens presentation included a set of draft recommendations. One key draft recommendation is that the community is willing to consider changing the current 45 foot height restriction in the area on a case-by-case basis.
Mr. Stevens told the Committee that the BID expects to produce a draft report this summer. The draft will be provided to the Advisory Group members for review. Once the report is completed, the BID and Barracks Row officials plan to present it to the Office of Planning for further study and/or implementation.
The Committee has determined that it would be premature to make any decisions on this project until the written report is available
ANC 6B Eastern Market
update – June 8, 2010
Commissioner Kenan Jarboe
The following is my report on Eastern Market, based on the EMCAC meeting of June 2, 2010, and subsequent events:
Joe Snyder has resigned as Chair of the Tenants Council; Jena Mitchell will serve as interim Chair.
The Tenants Council expressed its concerns over the physical organization of the outdoor market, specifically the placement of certain vendors in certain areas. EMCAC asked the Tenants Council to continue to work with the Market Manager in this.
Long-term leases for the indoor merchants are under review by EMCAC. Rules and permits for outdoor vending and farmers are under final review and will take effect July 1.
As noted in earlier reports, fees for outdoor vending had been reduced during the construction period. Fee will now be returning to their pre-fire amounts. Since the meeting, the non-food vendors have expressed concern that the result of the shifting spaces, fees for some vendors have gone up to levels more than the pre-fire amount. This is an issue for the Tenants Council to take up with the Market Manager.
The Market is still being billed for electricity on an estimated basis. The Market Manager is working on getting an actual billing soon and will provide estimates to EMCAC. He stated that income from the Market is still not yet enough for the city to start putting funds into the reserve fund - in other words the Market is not yet making money.
The addition of the organic farmers and vendors of antique products announced earlier is going slowly and the deadline has been extended. In part this is because city employees are limited in what they can do to actively recruit responses to their request for applications. EMCAC discussed ways to recruit organic farmers and the possibility of having organic farmers at the outdoor market at other days of the week. The strategy for recruiting the 4 additional prepared food vendors is under review by EMCAC.
DRES has reaffirmed that it will not be changing its policy regarding the issue of the traffic flow in the west side drive and parking area.
DRES and the indoor merchants have agreed to resolve the issue of the deli case heights by accepting DRES's offer to lower the heights by 3 inches. EMCAC passed a motion reiterating its position that the cases should not be lowered only 3 inches but should be placed on the ground.