ADVISORY NEIGHBORHOOD COMMISSION 6B

REGULAR MEETING

 

Hill Center at the Old Naval Hospital

921 Pennsylvania Avenue SE

May 14, 2013, 7:00 p.m.

 

AGENDA

 

1.   Adoption of Agenda (5 minutes)

2.   Community Speakout (10 minutes)

3.   Community and Commission Announcements (10 minutes)

4.   Consent Agenda (5 minutes)

Alcohol Beverage Control Committee

·         ABRA-089418, Congressional Liquor, 404 1st Street SE, change of hours of operation & hours of alcoholic beverage sales from Monday through Friday 8:30 a.m./9:00 a.m. – 9:00 p.m. & Saturday 11:00 a.m. – 8:00 p.m. to Sunday 12:00 p.m. to 8:00 p.m., Monday through Friday 8:30 a.m./9:00 a.m. – 9:00 p.m., & Saturday 11:00 a.m. – 8:00 p.m. 

·         ABRA-015387, La Lomita Dos, 308 Pennsylvania Avenue SE, license renewal

·         ABRA-060614, La Plaza Mexican Restaurant, 629 Pennsylvania Avenue SE, license renewal

·         ABRA-000793, National Democratic Club, 30 Ivy Street SE, license renewal 

·         ABRA-001792, Folger Theatre Group, 201 East Capitol Street SE, license renewal

·         ABRA-086926, Hill Center, 921 Pennsylvania Avenue SE, license renewal 

·         ABRA-078828, Zest Bistro, 735 8th Street SE, license renewal

·         ABRA-071793, The Ugly Mug Dining Saloon, 723 8th Street SE, license renewal

·         ABRA-026006, Banana Café and Piano Bar, 500 8th Street SE, license renewal

·         ABRA-085100, Bullfeathers, 410 1st Street SE, license renewal

·         ABRA-016129, Talay Thai Restaurant, 406 1st Street SE, license renewal

·         ABRA-016367, La Lomita Restaurant, 1330 Pennsylvania Avenue, license renewal

·         ABRA-089616, Beuchert’s Saloon, 623 Pennsylvania Avenue SE, license renewal

·         ABRA-088067, Pound the Hill, 621 Pennsylvania Avenue SE, license renewal

·         ABRA-082569, Ted’s Bulletin, 505 8th Street SE, license renewal

·         ABRA-086033, Pacifico, 514 8th Street SE, license renewal

Planning & Zoning Committee

·         HPA #12-562, 418-420 New Jersey Avenue SE, raze and new construction: Charles & Susan Parsons & Jennifer Fowler

·         PS #79687, Ambar, 523 8th Street SE, sidewalk café: Ivan Iricanin, Erin Sharkey, & Andrew Kline

·         Third Annual Law Enforcement Run to Remember 5K, Sunday, October 13, 2013: Commissioner Garrison

5.   Presentation (10 minutes)

·         911 Call Center Staffing Concerns: Lee Blackmon, DC Office of Unified Communications (911 Call Center) & National Association of Government Employees Local R3-07

6.   Alcohol Beverage Control Committee

·         ABRA-060689, Capitol Hill Tandoor and Grill, 419 8th Street SE, license renewal (5 minutes)

·         ABRA-084571, Il Capo Di Capitol Hill, 1129 Pennsylvania Avenue SE, license renewal (5 minutes)

·         ABRA-003812, Las Placitas, 517 8th Street SE, license renewal (5 minutes)

·         ABRA-090240, Ambar, 523 8th Street SE, license renewal (5 minutes)

·         ABRA-060383, Tunnicliffs Tavern, 222 7th Street SE, license renewal (5 minutes)

·         ABRA-029448, Ninnella, 106 13th Street SE, license renewal (5 minutes)

·         ABRA- 079276, Matchbox, 521 8th Street SE, license renewal (5 minutes)

·         ABRA-084374, Senart’s Oyster & Chop House, 520 8th Street SE, license renewal (5 minutes)

·         ABRA-060805, Molly Malone’s, 713 8th Street SE, license renewal (5 minutes)

·         ABRA-083029, Chesapeake Room, 501 8th Street SE, license renewal (5 minutes)

·         ABRA-087549, Boxcar, 224 7th Street SE, license renewal (5 minutes)

7.   Planning & Zoning Committee

·         Hine School Redevelopment Project’s public space application package - review of Stanton-Eastbanc’s public space plans submitted to Public Space Committee for approval: Kitty Kaupp & Ken Golding (20 minutes)

·         BZA #18556, 1375 Massachusetts Avenue SE, pursuant to 11 DCMR § 3103.2, variances from lot occupancy requirements under §403, rear yard requirements under § 404, court requirements under § 406, nonconforming structure provisions under subsection 2001.3 to allow a rear addition to an existing row dwelling in the R-4 District: Derek Mattioli (20 minutes)

·         Historic Preservation Office Draft Historic Preservation Plan: Enriching Our Heritage, 2016: Commissioner Flahaven (15 minutes)

8.      Transportation Committee

·         Letter to District Department of Transportation (DDOT) requesting information on Pennsylvania Avenue SE pedestrian signal timings (5 minutes)

·         Letter to DDOT in support of Navy Yard's request for improved pedestrian crossings at 8th & M Streets SE (5 minutes)

·         Letter to DDOT regarding Stanton-Eastbanc's plans for truck entrances and exits at Hine School Redevelopment site (15 minutes)

9.      Outreach & Constituent Services Task Force Report (5 minutes)

10.  Eastern Market Report (5 minutes)

11.  Financial Matters (5 minutes)

12.  Approval of Commission Minutes (April, April 23rd Special Call, May 7th Special Call) (5 minutes)

13.  Adjournment

 

PLEASE NOTE: Some items on this agenda will be considered on the consent agenda. An updated full agenda with items assigned to the consent agenda and regular agenda will be posted on Friday, May 10, 2013. At regular Commission meetings, any item may be removed from the consent agenda and placed on the regular agenda at the request of a single Commissioner. All ABC, BZA, Zoning, and Historic Preservation cases on the consent agenda will be fully discussed at the appropriate monthly committee meetings. 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 regular meeting: Tuesday, June 11, 2013.

 

 

Items #4 & #6

 

ADVISORY NEIGHBORHOOD COMMISSION 6B

ALCOHOL BEVERAGE CONTROL COMMITTEE MEETING

 

Hill Center at the Old Naval Hospital

Benjamin Drummond Hall, Room 109, First Floor

921 Pennsylvania Avenue SE

May 9, 2013, 7:00 p.m.

 

REPORT

 

1.      ABRA-089418, Congressional Liquor, 404 1st Street SE, change of hours of operation & hours of alcoholic beverage sales from Monday through Friday 8:30 a.m./9:00 a.m. – 9:00 p.m. & Saturday 11:00 a.m. – 8:00 p.m. to Sunday 12:00 p.m. to 8:00 p.m., Monday through Friday 8:30 a.m./9:00 a.m. – 9:00 p.m., & Saturday 11:00 a.m. – 8:00 p.m.  Commissioners voted 5-0 to support the application and add the item to the consent agenda, contingent upon signature of an amendment to the existing VA.

2.      ABRA- 015387, La Lomita Dos, 308 Pennsylvania Avenue SE, license renewal A signed Settlement Agreement was presented.  Commissioners voted 5-0 to support the application and add the item to the consent agenda.

3.      ABRA-060689, Capitol Hill Tandoor and Grill, 419 8th Street SE, license renewal Commissioners voted 9-0 to take no position on this application.  Commissioner Peisch will continue to negotiate the new Settlement Agreement and report to Committee on status of improvements to the rooftop mechanical units, which are a disturbance to neighbors.

4.      ABRA-060614, La Plaza Mexican Restaurant, 629 Pennsylvania Avenue SE, license renewal Commissioners voted 5-0 to support the application and add the item to the consent agenda, contingent upon signature of a new Settlement Agreement which addresses the addition of live music entertainment.

5.      ABRA-084571, Il Capo Di Capitol Hill, 1129 Pennsylvania Avenue SE, license renewal Commissioners voted 5-0 to take no position on this application.  Commissioner Oldenburg will continue to negotiate a Settlement Agreement with applicant.

6.      ABRA-000793, National Democratic Club, 30 Ivy Street SE, license renewal  Commissioners voted 5-0 to take no position on this application and add this action to the consent agenda.

7.      ABRA-001792, Folger Theatre Group, 201 East Capitol Street SE, license renewal  A signed Settlement Agreement was presented. Commissioners voted 5-0 to support the application and add the item to the consent agenda.

8.      ABRA-086926, Hill Center, 921 Pennsylvania Avenue SE, license renewal  A signed Settlement Agreement was presented. Commissioners voted 6-0-1 to support the application and add the item to the consent agenda. Neighbors complained previously about noise from an event.  Hill Center representatives said that this was from unauthorized opening of windows.  They now monitor each event with a decibel reader and no complaints have been noted since.

9.      ABRA-078828, Zest Bistro, 735 8th Street SE, license renewal  A signed Settlement Agreement was presented. Commissioners voted 7-0 to support the application and add the item to the consent agenda.

10.  ABRA-003812, Las Placitas, 517 8th Street SE, license renewal Commissioners voted 7-0 to take no position on this application.

11.  ABRA-071793, The Ugly Mug Dining Saloon, 723 8th Street SE, license renewal  Commissioners voted 8-0 to support the application and add the item to the consent agenda, contingent upon signature of a new Settlement Agreement.

12.  ABRA-026006, Banana Café and Piano Bar, 500 8th Street SE, license renewal  A signed Settlement Agreement was presented. Commissioners voted 7-0 to support the application and add the item to the consent agenda.

13.  ABRA-085100, Bullfeathers, 410 1st Street SE, license renewal  A signed Settlement Agreement was presented. Commissioners voted 7-0 to support the application and add the item to the consent agenda.

14.  ABRA-016129, Talay Thai Restaurant, 406 1st Street SE, license renewal  A signed Settlement Agreement was presented. Commissioners voted 6-0 to take no position and add the item to the consent agenda.

15.  ABRA-016367, La Lomita Restaurant, 1330 Pennsylvania Avenue, license renewal  A signed Settlement Agreement was presented. Commissioners voted 7-0 to support the application and add the item to the consent agenda.

16.  ABRA-090240, Ambar, 523 8th Street SE, license renewal  Commissioners voted 9-0 to take no position on this application. Commissioner Peisch will continue to negotiate the new Settlement Agreement and report to Committee on status of improvements to the rooftop mechanical units and the unsightly construction debris and outdoor refrigeration systems, which are a disturbance to neighbors.

17.  ABRA-060383, Tunnicliffs Tavern, 222 7th Street SE, license renewal Commissioners voted 8-0 to take no position on this application.  Commissioner Frishberg will continue to negotiate a Settlement Agreement with applicant.

18.  ABRA-089616, Beuchert’s Saloon, 623 Pennsylvania Avenue SE, license renewal  A signed Settlement Agreement was presented. Commissioners voted 8-0 to support the application and add the item to the consent agenda.

19.  ABRA-088067, Pound the Hill, 621 Pennsylvania Avenue SE, license renewal  A signed Settlement Agreement was presented. Commissioners voted 8-0 to support the application and add the item to the consent agenda.

20.  ABRA-029448, Ninnella, 106 13th Street SE, license renewal  Commissioners voted 8-0 to take no position on this application. The establishment owner will present evidence of a public space permit for the sidewalk café and ANC6B Executive Director will investigate the omission of sidewalk café hours from the establishment’s placard.

21.  ABRA-085922, Tortilla Coast, 400 1st Street SE, license renewal Commissioners reviewed the police call report and the establishment’s ABRA record.  This case will be protested, per vote from May 7 Emergency Call meeting.

22.  ABRA-082569, Ted’s Bulletin, 505 8th Street SE, license renewal  A signed Settlement Agreement was presented. Commissioners voted 8-0 to support the application and add the item to the consent agenda.

23.  ABRA- 079276, Matchbox, 521 8th Street SE, license renewal  Commissioners voted 8-0 to take no position on this application. Commissioner Peisch will continue to negotiate the sidewalk café hours with the establishment to reach a Settlement Agreement.

24.  ABRA-084374, Senart’s Oyster & Chop House, 520 8th Street SE, license renewal  Commissioners voted 7-0 to take no position on this application. Commissioner Oldenburg will continue to negotiate the sidewalk café hours with the establishment to reach a Settlement Agreement.

25.  ABRA-086033, Pacifico, 514 8th Street SE, license renewal  A signed Settlement Agreement was presented. Commissioners voted 7-0 to support the application and add the item to the consent agenda.

26.  ABRA-060805, Molly Malone’s, 713 8th Street SE, license renewal  Commissioners voted 7-0 to take no position on this application. Commissioner Peisch will continue to negotiate the sidewalk café hours with the establishment to reach a Settlement Agreement.

27.  ABRA-083029, Chesapeake Room, 501 8th Street SE, license renewal  Commissioners voted 7-0 to take no position on this application. Commissioner Peisch will continue to negotiate the sidewalk café hours with the establishment to reach a Settlement Agreement.

28.  ABRA-087549, Boxcar, 224 7th Street SE, license renewal  Commissioners voted 7-0 to take no position on this application. Commissioner Frishberg will continue to negotiate the sidewalk café hours with the establishment to reach a Settlement Agreement.

 

 

Items #4 & #7

 

Planning  Zoning meeting

May 7,2013 7:00pm

 

Commissioners present:  Francis Campbell, Chair; Kirsten Oldenburg, Vice Chair; Dave Garrison, Brian Flahaven, Ivan Frishberg, Brian Pate, Nicole Opkins, Sarah Loveland, Phil Peisch; Resident members, Jennifer Rosen 6B03, Tom Woteki 6b05, Nick Burger 6B06, Christian Alexander 6B08.

 

HPA #12-562, 418-420 New Jersey Avenue SE, raze and new construction; Charles & Susan Parsons, owners; Jennifer Fowler, Architect.

Jennifer Fowler made the presentation. Applicant is proposing to raze an existing two family row house structure at 418-420 New Jersey Avenue and to build a new two-unit structure (a flat with a main unit occupying three stories along with a separate basement apartment).

The existing building is structurally unsound.  The applicant has submitted a “structural evaluation report” outlining deficiencies noted in the basement, crawl space and exterior building-walls.  The report confirms that the building is leaning and out of plumb.  The summary and conclusion of the report note the following:

‘With the severely affected stability and structural integrity of the existing structure, the building is now unsafe and potentially a danger to public safety: therefore, we recommend either removal of the building or installation of total building shoring. However, if shored, restoration of the structural integrity may be infeasible” 

The report also includes pictures of the aforementioned deficits.  Two letters of support from the neighbors of the adjacent properties are included.  This is a by right project.

The recommendation by Commissioner Garrison, second by Commissioner Opkins is to support both the raze and new construction proposal and to place this item on the ANC’s consent calendar.  Motion approved by a vote of 9-0.

 

PS # 79687, Ambar, 523 8th Street SE, sidewalk café:  Ivan Iricanin, Erin Sharkey & Andrew Kline.

Andrew Kline made the presentation.  The plan is to place 5 tables and 10 seats with one dedicated ASA accessible seat in the “sidewalk café area’ in front of Ambar.  The area of the sidewalk café is to be demarcated by low level planters.

The hours of the sidewalk café noted on one of the applicant’s submission shows Friday and Saturday closing hours of 12:00 am but the hours under the Settlement Agreement would actually be 1:00 am.

No questions or concerns are voiced by the Commission or the audience.  A motion to recommend that  to the full ANC support the request and place the case on the consent calendar was made by Commissioner Peisch, seconded by Commissioner Pate, was approved by a vote of 10-0. 

 

Hine school Redevelopment Project’s public space application package – review of Stanton-Eastbanc’s public space plans submitted to Public Space Committee for approval: Kitty Kaupp and Ken Golding

The Committee reviewed Stanton-Eastbanc’s latest public space plans for the Hine project.  The major change since the last time the plan was reviewed is to the plaza area at 7th and C Streets.  In lieu of the earlier water feature, the plans now show  5 additional trees located in a line in front of the South building plaza entry.  The plans also propose that there be a series of 9 water jets recessed in the sidewalk.

The Committee discussed some issues related to pedestrian safety, such as the demarcation of  pedestrian crossing zones.  The placement of tree boxes and materials to be used especially in pedestrian walkways, handicap access ramps and grates on C Street at 7Th & 8Th streets still need to  be addressed.

Additionally some Commissioners have expressed concern that there will need to be an opportunity for public input/opinion on some if not all of the plans.  Commissioner Pate moved that the Committee recommend that ANC 6B support the plan (seconded by Commissioner Oldenburg) pending the provision of additional information related to  plantings in tree boxes, seating elements and access ramps on C street at 7Th and 8Th streets.  The motion was approved on a vote of 9-0.

 

BZA #18556, 1375 Massachusetts Avenue SE, pursuant to 11 DCMR § 3103.2, variances from lot occupancy requirements under §403, rear yard requirements under § 404, court requirements under § 406, nonconforming structure provisions under subsection 2001.3 to allow a rear addition to an existing row dwelling in the R-4 District: Derek Mattioli

Mr. Derek Mattioli, owner of 1375 Massachusetts, presented his case for zoning relief to the Committee.  Mr. Mattioli seeks four variances in connection with a rear addition – a screened porch – to his property.  This case is particularly confusing because Mr. Mattioli has already completed the construction of the addition.  He did so without getting appropriate permits.  After completion of the construction, DCRA issued a stop work order and required Mr. Mattioli to get the required zoning permissions after the fact.  DCRA also required Mr. Mattioli to correct deficiencies in the electrical and gas lines installed as part of the addition.

Mr. Mattioli presented the following material:

It appears that prior to the construction of the addition, there was a small, elevated concrete landing outside the rear door of the building from which a staircase led to ground level.  At that stage, Mr. Mattioli testified that his building occupied 88% of the lot and thus was already non-conforming.  His property is at the narrow end of the block.  There is a narrow pathway that runs behind the properties at this end of the block that connects to properties to the west of Mr. Mattioli and to Independence Avenue to the south of Mr. Mattioli’s lot. 

The unpermitted addition that Mr. Mattioli has constructed occupies nearly the entire lot, save a one-foot “court” around the three sides of his addition.  In order for his addition to remain, the Zoning Administrator has informed him that he needs to secure four variances, to wit:

Mr. Mattioli was not prepared to argue his case in terms of the variances needed, especially as to the requirement that he demonstrate the uniqueness of the circumstances of his case and the hardship that would result if he could not construct the addition.  He did state, however, that since his neighbors to the west have added rear screened porches or decks over the years, he should be able to do the same. Mr. Mattioli presented letters of support from the owners of 1377 and 1373 Massachusetts Avenue SE and of 1366 Independence Avenue SE.

 

Mr. Mark O’Donnell (1359 Massachusetts Avenue) presented the Committee with a copy of a DCRA Notice of Infraction dated November 19, 2010, regarding work beyond the scope of permits and lack of electrical and gas pipe permits.  Ms. Mary Donovan, mother of the Applicant who resides at 1363 Massachusetts Avenue, rose to defend her son and presented the Committee with a statement detailing an ongoing feud between the parties.  Commission Garrison thanked Ms. Donovan and asked her if she had any information germane to the zoning case at hand. She replied with further information about Mr. O’Donnell. 

Commissioner Pate moved (seconded by Commissioner Flahaven) that the Committee take no position on the application.  The Committee voted 9-0 in support of the motion.  Commissioner Campbell recused himself from the case discussion and vote.  The Committee asked the Applicant return to the ANC on Tuesday May 14 with his arguments in support of his request for the variances.   

 

Third Annual Law Enforcement Run to Remember 5K, Sunday October 13, 2013: Commissioner Garrison.

This race is slated to start at 7:00 am and will have minimal impact in 6B, clearing a small area near the Capitol within an hour. Commissioner Garrison, in whose SMD the race falls, said he expects there will be no impact on neighborhood activities. Commissioner Garrison moved that the Committee recommend that ANC 6B support the race and that the case be placed on the consent calendar (motion seconded by Commissioner Opkins).  The motion was approved by a vote of 9-0.

 

Historic Preservation Office Draft Historic Preservation Plan: Enriching Our Heritage, 2016 Commissioner Flahaven

ANC 6B was granted an extension until May 15 to submit comments to the Historic Preservation Office on Enriching Our Heritage, the office’s 2016 Preservation Plan. Commissioner Flahaven shared a draft of a proposed letter on the plan. Commissioner Garrison lamented a lack of time to comment on the plan and questioned the accuracy of the proposed letter. Commissioner Frishberg noted that the plan and proposed letter were originally discussed at the commission’s April meeting but the item was moved to May due to lack of time. Commissioners Oldenburg and Peisch also voiced concern about the content of the letter. Commissioner Flahaven responded he was willing to work with all commissioners on revisions and additions to the letter, noting the helpful text submitted by Commissioner Pate. The committee did not make any recommendation on the letter, opting to allow the full commission to consider the comments at the May 14 meeting. 

 

 

Item # 8

 

Report of the ANC6B Transportation Committee Meeting

May 8, 2013

 

Commissioners present: David Garrison, Nichole Opkins, Brian Pate, and Kirsten Oldenburg (chairing)

 

Resident Members present: none

 

Other participants: Larry Janezich, Marcel LaFollette, Mary Stevens and several other residents of 6B

 

Announcements by Commissioner Oldenburg:

·         Reminder of second public meeting on DDOT’s Pennsylvania & Potomac Avenues Intersection Pedestrian Safety Study, Thu 16 May

·         The June 5 Committee meeting will include a presentation by the 11th Street Bridges project and will be held at the National Community Church on 8th Street SE.  Presentation will begin at 7pm; other Committee business will be conducted between 630p and 7pm.  This may include a letter to DDOT on the above study.

 

Update on DC's proposed funding mechanism/process for neighborhood improvements in Performance Based Parking (PBP) areas

The Office of the Mayor and Councilmember Cheh announced on April 26th proposed changes to the PBP fund that has been available for several years to ANC6B (and other areas with PBP) for non-vehicle related transportation projects.  The news release said funds—available within the DDOT budget—would be used to study a new Circulator route for the Mall and to initiate a Neighborhood Performance Parking Participatory Budgeting Fund ($750K in FY14) and a Bus Service Enhancement Fund ($750K in FY14).  Commissioner Oldenburg contacted Mr. Damon Harvey, DDOT Transportation Operations Administration, Deputy City-Wide Program Support Manager, to obtain more information about the new funds. 

 

Mr. Harvey said final details would not be set until the Council passes its FY14 budget in June.  Under the current proposal, all of the parking meter revenues generated in PBP areas—less set asides for the two funds—will go to WMATA to help pay the DC annual contribution to that body.  DDOT expects there to be 13 PBP areas within DC by the end of FY13 and Mr. Harvey said monies in both funds (totaling $1.5 million) would be available in FY14 for projects selected by those neighborhoods. He said there were no details yet on how the monies would be shared among the 13 areas nor on the “menu of options” mentioned in the press release.   

 

Commissioner Garrison suggested that it may be only the revenues from the multi-space meters in PBP areas that are captured for WMATA and/or the two funds.  (Note: in the press release, the funding source is identified as “paygo” capital dollars.)  In response to a question from Commissioner Pate, Commissioner Oldenburg said she recently asked for but has not yet received an update on either the status of the expansion of PBP in 6B north of Pennsylvania Avenue or the distribution of Visitor Parking Passes for those residents.  The latter was scheduled to occur in mid-May. 

 

Commissioner Oldenburg said Mr. Harvey has agreed to attend the Monday, July 1, Transportation Committee meeting to provide 6B with the final details from the budget process and the status of DDOT’s development of the necessary processes to implement the use of the funds.

 

Discussion of letter to District Department of Transportation (DDOT) for information on Pennsylvania Avenue pedestrian signal timings

Commissioner Pate drafted a letter to Mr. James Cheeks of DDOT for Committee consideration requesting information on the status of a DDOT citywide study on traffic signal synchronization and its connection to the pedestrian signal timings along Pennsylvania Avenue SE.  The letter criticized the short times available to pedestrians to cross this major artery in 6B and raised safety concerns of residents and the Commission.  It also pointed out several sections of the Manual for Uniform Traffic Control Devices which state (1) the needs pedestrians as well as vehicles are to be taken into consideration in setting signal times and (2) signage is to be placed on medians of wide roadways that tell pedestrians to wait on the median for the next cycle to complete their crossing.

 

Alternately, Commissioner Oldenburg—in editing Commissioner Pate’s draft—produced a second version of the letter to be sent to DDOT Director Bellamy.  Both letters were circulated prior to the Committee meeting.  At the meeting, Commissioner Pate said he could accept the Oldenburg version but felt it was not sufficiently prescriptive.  Discussion by the Committee identified that this draft was also too focused on signal synchronization rather than the prime issue of pedestrian crossing times and that the draft’s closing paragraph needed to more reflect Commissioner Pate’s draft.  There were also suggestions that more specific questions be posed to DDOT on pedestrian signal timing in the second to last paragraph.

 

Commissioner Pate moved (with a second by Commissioner Opkins) that the Committee recommend the Commission send the letter to Director Bellamy with refinements based on its discussion.  The Committee voted 4-0 to support the motion.  Commissioner Oldenburg asked the Committee members to send her edits to the letter so that a new draft can be circulated prior to the May 14 meeting of the Commission. 

 

Discussion of letter to DDOT in support of Navy Yard's request for improved pedestrian crossings at 8th & M Streets SE

Ms Janell Herring, Community Planning Liaison Officer at the Washington Navy Yard (WNY), informed the Committee about the efforts the Department of the Navy has undertaken since 2009 to get DDOT to improve pedestrian safety at intersections near the WNY.  So far, no improvements have been made and most recently, meetings between the WNY and DDOT have been set up and then cancelled.  Ms Herring has invited ANC6B to participate in the meeting with DDOT.

 

A major focus of the WNY has been pedestrian safety at the M and 8th Street SE intersection but also includes concerns about the way traffic circulates in the area.  In discussion, Committee members noted that they were in support of the letter but that it needed a closing paragraph.

 

Commissioner Opkins moved (with the second by Commissioner Pate) that the Committee recommend that the Commission send the letter to DDOT with the addition of a closing paragraph.  The Committee voted 4-0 to support the motion.  Commissioner Oldenburg asked Committee members to send her any suggested edits and said she would circulate a new version of the letter prior to the May 14 ANC meeting.

 

Hine School Redevelopment Project’s construction-related public space application package - review of Stanton-Eastbanc’s (SEB) construction site plans submitted to DDOT for approval

Mr. Matt Harris, SEB’s Construction Manager, and Ms Kitty Kaupp, Stanton Development, presented plans for truck entrances and exits and pedestrian walkways for the Demolition and Excavation phases of construction at the Hine Redevelopment Site.  Mr. Harris said SEB expects the demolition phase (including asbestos and other hazardous materials removal) to last up to 18 weeks and to end in late November.  The excavation phase will run from mid-November 2013 to about April 2014.  SEB estimates that trucks will enter/exit the site every 3 minutes between 830am and 2pm on weekdays only.

 

The plans submitted to the Committee are part of the Transportation Construction Plan (or Maintenance of Traffic Plan) that the developer is required to submit for approval to DDOT’s Public Space Committee.  They must be updated every 6 months during the construction.  The Committee discussed various aspects of the plans but focused primarily on the truck entrances to and exits from the site.  During demolition, SEB is asking DDOT to approve an entrance located mid-block on 7th Street SE using an existing curb cut and an exit on 8th Street SE.  For the first phase of excavation, SEB plans to use a Pennsylvania Ave entrance located at the point where D Street SE merges into Pennsylvania Ave and shift the truck exit on 7th Street closer to Pennsylvania Avenue.  In the second phase of the excavation, the Pennsylvania Avenue entrance will be closed, the entrance will be on 7th Street, and an exit will be created on 8th Street just south of C Street SE.

 

The Committee assumes that trucks will be arriving at the site traveling west on Pennsylvania Avenue and, when departing, go east on Pennsylvania Avenue.  Thus, the Committee suggested that SEB add a flagman to the intersection of 7th and Pennsylvania Avenue to improve pedestrian safety as truck make a left turn.  However, it is not clear at this time where the debris and soil dump will be until SEB hires a General Contractor so the actual truck routes off the site are not known.  The Committee did indicate some concern about how this truck traffic would affect our already at time congested roads.  However, SEB told the Committee that their part in the planning only involves obtaining approval from DDOT on the entrances and exits.

 

Commissioner Pate moved (seconded by Commissioner Opkins) that the Committee recommend the Commission send a letter to DDOT supporting the entrance on Pennsylvania Avenue as it keeps more truck traffic off 7th & 8th Streets SE.  The Committee voted 4-0 in support of the motion and Commissioner Pate agreed to draft a letter for consideration on May 14, 2013.  

 

 

Draft Letter to DDOT on Pennsylvania Avenue Pedestrian Crossings

 

To  Mr. Bellamy, Director, DDOT

 

Dear Mr. Bellamy,

 

ANC6B Commissioners and their constituents have identified short pedestrian crossing times along 6B’s stretch of Pennsylvania Avenue SE as an issue that adversely impacts the walkability of the neighborhood and, especially, the safety of pedestrians, such as the elderly, disabled and families with small children.

 

At our November 2012 meeting at which Mr. James Cheeks explained the rationale for the installation of a traffic signal at 10th and Pennsylvania Avenue, ANC6B Commissioners raised the issue of sufficiency of the timing of the pedestrian crossing signals along Pennsylvania Avenue.  In response to these questions, Mr. Cheeks indicated that DDOT is undertaking an initiative to study and improve signal synchronization throughout the city and that DDOT would consider including Pennsylvania Avenue as part of the study. 

 

Pennsylvania Avenue is a primary vehicular artery transiting ANC6B’s portion of Capitol Hill.   Currently DDOT is studying both Barney Circle and the Pennsylvania & Potomac Avenues and 14th Street SE intersection and we expect that major improvements in pedestrian safety will result at this eastern end of the avenue.  With few exceptions, the timings of each pedestrian crossing along the rest of Pennsylvania Avenue to 2nd Street SE are too short (sometimes only 11 seconds), especially during rush hour, to enable a pedestrian to cross its entire width at a brisk pace.  While the timing at these intersections may be designed to allow pedestrians to only cross to the median, this is not clear and may not be desirable since it only seems to encourage them to cross against the light to complete the crossing.

 

Not hearing anything further from the Department about the signal synchronization study and unable to find any reference to the study on DDOT’s website, ANC6B, at its properly noticed regular meeting of May 14, on a vote of X –Y, agreed to request that DDOT provide the Commission with information on the status of any relevant Departmental studies and to inform the Commission whether or not Pennsylvania Avenue SE is included in these studies. 

 

However, the Commission’s major and immediate concern is about the signal timings for pedestrian crossings of Pennsylvania Avenue SE.  We know that according to the Manual for Uniform Traffic Control Devices that (1) the needs of pedestrians as well as vehicles shall be taken into account and that pedestrians are to be given sufficient time to cross roadways and (2) if sufficient time is not provided when there is a median, then signs are to be posted telling pedestrians to wait for the next cycle. 

Along Pennsylvania Avenue SE, however, as mentioned previously, few pedestrians are able to fully cross the street with the walk signal and there are no signs advising them to wait on the median.  The Commission and its constituents wish to understand how signal crossing timing decisions are made by DDOT and how they are affected by various factors including the time of day and day of the week and the desire to move vehicle traffic through the area. 

 

ANC 6B requests the opportunity to work with DDOT to improve pedestrian safety for its constituents on increasing crossing times, looks forward to hearing from DDOT on this matter, and invites a representative to make a presentation on signal timing at an upcoming 6B Transportation Committee meeting.

 

 

Draft Letter to DDOT Supporting Navy Yard

 

 

Dear Mr. Bellamy,

 

At a properly noticed meeting on May 14, 2013, Advisory Neighborhood Commission 6B voted x-x-x to support the Washington Navy Yard’s (WNY’s) request for improvements to the pedestrian crossings at M and 8th Streets SE and requests that DDOT take immediate action. 

 

This intersection and nearby areas have heavy and distracted vehicle traffic—especially during some rush hours—because of DC Water’s Clean Rivers project’s disruption on M Street and detours necessitated by DC’s 11th Street Bridges project.  It is also a T intersection requiring all southbound 8th Street traffic to turn left or right at M Street.  Most of this traffic turns left while pedestrians also have a green light to cross M Street.

 

As detailed in the Department of Navy’s letters to the DC Department of Transportation of August 11, 2009, and April 1, 2013, M Street is dangerous for pedestrians and has been for several years. Because of pedestrian reports of near-misses, as well as several pedestrian/vehicular crashes that occurred closer to 4th Street, DDOT now stations Traffic Control Officers near the Navy Yard Metro station to assist pedestrians in crossing M Street. However, the Navy Yard has engaged with DDOT for almost four years without success to get measures installed that would improve pedestrian safety near the WNY, specifically at 8th and 9th Streets and further west at 6th Street SE.

 

The Navy is not demanding any specific measures.  But from its observations, it seems that providing a pedestrian-only light (where all vehicle movements are halted) would provide the safest route for pedestrians at 8th Street. Reducing the flow of vehicles turning left at 8th & M might also be possible.  Currently, eastbound traffic on I-695 exiting at 6th Street backs up significantly in the morning, especially since DDOT posted "no left turns" from 7th Street onto M Street. This results in all eastbound traffic queuing along Virginia Avenue to access M Street via 8th Street.  A potential solution for this would be to open up 9th Street to two-way traffic, eliminating the need for all eastbound traffic to travel through the 8th & M Street intersection.

 

The Commission feels it is absolutely necessary that DDOT set up and hold without any further delays the meeting that WNY has requested.  The Commission will be present at this meeting to push for pedestrian safety at 8th & M Streets SE.

 

 

Draft Letter to DDOT Regarding SEB’s Plans for Truck Entrances & Exits at Hine School Redevelopment Site

 

Director Bellamy,

At a regularly scheduled and properly noticed meeting of Advisory Neighborhood Commission 6B held on 14 May, 2013, the Commission voted X-X to support Stanton Eastbanc’s (SEB) proposal to place the entrance to the Hine construction site, during the excavation phase, at the corner of Pennsylvania Avenue and D St SE (700 block of Pennsylvania Ave), and the exit from the site on the south end of the 300 block of 7th St SE, as depicted in their permit submission labeled, Sheet XXX, “Excavation, Phase A”. 

 

ANC6B feels that this configuration best achieves shared Commission, community and developer objectives of reducing the impact of truck traffic during excavation on 8th Street residential and 7th Street commercial corridors.  The developer anticipates 10,000 truck trips during this phase, averaging one truck either entering or exiting the worksite every 3-5 minutes.  Placing the entrance to the site on Pennsylvania Avenue provides the dual benefit of keeping these trucks off of sensitive residential and commercial streets, while also creating a traffic flow that facilitates use of major arterials with easy access to and from I-295 and I -695 at later stages of the trip route. 

 

ANC6B recognizes that placing the entrance at the intersection of D St and Pennsylvania Avenue may, at first, appear to complicate the operations of this intersection.  ANC6B offers that this small, dogleg section of D St is rarely used, and often only by motorists seeking to avoid the traffic light at 8th and Pennsylvania Ave.  To facilitate location of the entrance at this site, DDOT could consider closing this small stretch of D St for the duration of the excavation phase, or, less intrusively, require the developer to actively manage the entrance at all times using a flag man or other method, as-is planned for other entrances and exits during construction.

 

ANC6B appreciates your attention to this matter and your willingness to work with the Commission, Community and developer to establish construction site entrances and exits that safely facilitate construction while limiting adverse impacts on the neighborhood.

 

 

Brian Flahaven

Chair

ANC6B

 

 

Item #12

 

ADVISORY NEIGHBORHOOD COMMISSION 6B

REGULAR MEETING

 

 

ANC6B

Regular Meeting Minutes

9 April 2013, 7PM

The Hill Center at the Old Naval Hospital

 

Commissioners present: Campbell, Jayaraman (around at 7:09), Flahaven, Frishberg, Loveland, Oldenburg, Opkins, Pate, Peisch.  Commissioner Garrison absent.

 

      1.            Adoption of Agenda

 

·         Commissioner Pate moved to add extra $50 for printer and desk to financial matters.  No objections.

·         Commissioner Oldenburg removed historic approval of the proposed Beer Garden at 8th and L Streets SE from the consent agenda.

·         Commissioner Oldenburg moved to add a letter to the ABC Board regarding the Voluntary Agreement for proposed Beer Garden at 8th and L Streets SE.  No objections.

·         Commissioner Opkins moved to approve agenda.  Commissioner Campbell seconded.  Motion approved 8-0-0 (Commissioner Jayaraman not present).

 

      2.            Community Speakout

 

·         Ron Swanda, who is an ANC Commissioner in ANC 6E and a member of D.C. Commission on Aging, announced an effort to create a Ward 6 Senior Network.  Mr. Swanda distributed contact information for people interested in getting involved.

·         Mitch Hockberg raised concern about Good Stuff Eatery and We the Pizza.  Mr. Hockberg stated that both restaurants charge a 1% “environmental” fee for environmental clean-up and overhead.  Mr. Hockberg stated that no sales or use tax covers this charge, and that the charge is not properly disclosed to patrons.  Mr. Hockberg stated that this charge shows a disregard for the law, and asked whether ABC license renewal is appropriate for such establishments.  

 

      3.            Community and Commission Announcements

 

·         Commissioner Opkins: There will be a second public meeting on May 16 6:30 to 8:30 pm at Payne Elementary to discuss the proposed SE Boulevard project.

·         Commissioner Pate: Mayor Gray will be holding a Ward 6 budget town hall on April 25 from 6:30 to 8:30 pm at Capitol Hill Montessori.

·         Commissioner Flahaven: Deputy Mayor for Planning and Economic Development will be holding a public meeting regarding Reservation 13 on Wednesday, April 24, 6:00 pm – 8:00 pm at the Department of Corrections Training Academy in the former DC General Hospital, 1901 D Street SE, Room 1340.

·         Commissioner Opkins: FCC will be holding a free digital literacy seminar for seniors on April 24 from 9:30 am – 12:30 pm.

 

        4.            Consent Agenda

 

·         Commissioner Frishberg removed Good Stuff Eatery and We the Pizza from the consent agenda.

·         Commissioner Campbell moved to approve the consent agenda as amended; Commissioner Oldenburg seconded.  Consent agenda approved 10-0-0.

 

Approval of Commission Minutes (March 2013, regular)

 

Alcohol Beverage Control Committee

·         ABRA-025153, Aatish On The Hill, 609 Pennsylvania Avenue SE – letter in support of license renewal, subject to the Settlement Agreement. 

·         ABRA-000259, Mr. Henry’s, 601 Pennsylvania Avenue SE, letter in support of license renewal, subject to the Settlement Agreement. 

·         ABRA-000626, Capitol Hill Club, 300 1st Street SE, letter in support of license renewal, subject to the Settlement Agreement. 

·         ABRA-026739, Sizzling Express, 600 Pennsylvania Avenue SE, letter in support of license renewal, subject to the Settlement Agreement. 

·         ABRA-008946, Trattoria Alberto, 506 8th Street SE, letter in support of license renewal, subject to the Settlement Agreement. 

·         ABRA-060422, Montmartre/7th Hill, 327 7th Street SE, letter in support of license renewal, subject to the Settlement Agreement. 

·         ABRA-076814, Szechuan House Restaurant Fusion Grill, 515 8th Street SE, letter in support of license renewal, subject to the Settlement Agreement. 

·         ABRA-086529, Lavagna, 539 8th Street SE, letter in support of license renewal, subject to the Settlement Agreement. 

·         ABRA-077797, Café 8, 424 8th Street SE, letter in support of license renewal, subject to the Settlement Agreement. 

·         ABRA-080550, Sanphan Thai Cuisine, 653 Pennsylvania Avenue SE, letter in support of license renewal, subject to the Settlement Agreement. 

·         ABRA-080056, Acqua al 2/Suna/Black Bar, 212 7th Street SE, License Renewal, letter in support subject to the Settlement Agreement

 

Planning & Zoning Committee

·         BZA #18537, 525 5th Street SE, pursuant to 11 DCMR § 3104.1, special exception to allow a rear addition to an existing one-family row dwelling under § 223, not meeting the lot occupancy (§ 403), side yard (§ 405), and nonconforming structure (subsection 2001.3) requirements for an addition to an existing one-family semi-detached dwelling in the R-4 District: John Merrick, Heather Phillips, & Jennifer Fowler

·         HPA #13-258, 1113 Pennsylvania Avenue SE, Frager’s Hardware, concept - side addition on 11th Street SE: John Weintraub, Ziad Demian, & Jonathan Fitzpatrick

·         HPA #13-259, 1013 E Street SE, concept - rear addition: Jon & Frieda Kulish & Michael Fowler

·         HPA #13-262, 123 6th Street SE, concept - side addition: Mark Bellermann, Vesper Mei, & Gay Hardwick

·         HPA #13-263, 432 New Jersey Avenue SE, concept - side addition (renewal of concept approved in 2007): Marc Teren & Peter Miller

·         HPA #13-268, 500 8th Street SE, Banana Café, concept - storefront alterations: George Zamorano & Francisco Beltran

·         PS #79052, National Community Church, 535 8th Street SE, addition to building façade of ticket/information booth: Juliet Main & Mike Morgan

·         American Foundation for Suicide Prevention Out of the Darkness Overnight Walk, Saturday, June 1, 2013 & Sunday, June 2, 2013: Julie Hanson

 

      5.            Presentations

 

·         US Attorney’s Office for the District of Columbia Community Outreach: Douglas Klein, 1D Community Prosecutor

o   Mr. Klein handed out his contact information, and summarized role of US Attorney’s Office in DC’s criminal justice system. 

o   Mr. Klein can arrange for community members to learn more about pending cases, submit community impact statements, submit community impact statements, etc.  Mr. Klein stated that community impact statements and victim impact statements can be anonymous, and his office is very sensitive to the importance of anonymity.

o   Mr. Klein stated that he can also help work with the community on pursuing legal action for nuisance properties.

o   Commissioner Pate asked Mr. Klein if he would inform the Commission when there are arrests made in crime important to the community, so the Commission can help publicize the potential need for a community impact statement and other community involvement.  Mr. Klein responded in the affirmative, explaining that he’d be happy to work with the ANC and keep Commission informed.

      6.            Alcohol Beverage Control Committee

 

ABRA-085922, Tortilla Coast, 400 1st Street SE, License Renewal

 

·        No representative from Tortilla Coast appeared (and no one had appeared at the ABC Committee meeting).

·         The Commission discussed how to approach license applicants who do not show up at the Commission’s meetings.  Commissioner Frishberg explained that his preferred course of action was to vote to protest the applicant, subject to the applicant signing a Settlement Agreement prior to the ABC hearing. 

·         Commissioner Frishberg moved to protest the license renewal, subject to the applicant signing a Settlement Agreement with the Commission.  Commissioner Oldenburg seconded.  Motion approved 9-0-0.

 

ABRA-088497, Young Chow Asian Restaurant, 312 Pennsylvania Avenue SE, License Renewal

 

·         No representative from Young Chow appeared (and no one had appeared at the ABC Committee meeting).

·         Commissioner Frishberg moved to protest the application, subject to the applicant signing a Settlement Agreement prior to the ABC hearing.  Commissioner Pate seconded.  Motion approved 9-0-0.

 

ABRA-060779, Belga Café, 514 8th Street SE, License Renewal

 

·         Commissioner Oldenburg explained that she had negotiated a Settlement Agreement with the applicant, and that she had not heard any neighborhood concerns about this restaurant.

·         Commissioner Oldenburg moved to support the renewal of the license, subject to a signed Settlement Agreement.  Commissioner Jayaraman seconded.  Motion approved 9-0-0.

 

ABRA-060390, Hunan Dynasty, 215 Pennsylvania Avenue SE, License Renewal

 

·         No representative from Hunan Dynasty appeared (and no one had appeared at the ABC Committee meeting).

·         Commissioner Frishberg moved to support the application, subject to the applicant signing a Settlement Agreement prior to the ABC Board hearing.  Commissioner Campbell seconded.  Motion approved 9-0-0.

 

ABRA-000643, Kenneth H. Nash Post 8 American Legion, 224 D Street SE, License Renewal

 

·         A representative from Post 8 had been at the meeting but had been present but was not present at the time of discussion (and no one had appeared at the ABC Committee meeting). 

·         Commissioner Frishberg noted that a representative of Post 8 had been at the meeting earlier in the night, and Commissioner Frishberg did not think a Settlement Agreement would be a problem, but the representative was not longer present.

·         Commissioner Chander related that the representative had spoken with several member of the ANC and that he had been told that there was not opposition to their application and that he did not need to remain at the meeting.

·         Commissioner Frishberg moved to protest the application, subject to the applicant signing a Settlement Agreement prior to the ABC Board hearing.  Motion approved 7-0-2 (Commissioners Campbell and Pate abstaining; Commissioner Campbell stated that he abstained because he is a member of the American Legion.)

 

ABRA-088503, The Silver Spork, 303 7th Street SE, License Renewal

 

·         Commissioner Frishberg stated that the applicant signed a Settlement Agreement with the Commission, but that the applicant was not on the consent agenda in order to give any other neighbors who had concerns the opportunity to speak up.  No neighbors were present to object.

·         Commissioner Frishberg moved to approve the application.  Seconded by Commissioner Campbell.  Motion approved 9-0-0.

 

ABRA-085584, Tash Restaurant, 524 8th Street SE, License Renewal & ABRA-085618, Nooshi Capitol Hill, 524 8th Street SE, License Renewal

 

·         Commissioner Oldenburg explained that since the Committee meeting, she has spent a lot of time since the ABC Committee meeting in discussions with the neighbors about the concerns with proposed changes in the applicant’s two operations as expressed in the draft Settlement Agreements.  The concerns include parking, hours, and trash maintenance.  Commissioner Oldenburg noted, however, that Ms. Helene Quick no longer wants to be a signatory on the Settlement Agreement, but that that one neighbor still objects to the increased hours of operation.

·         Commissioner Oldenburg explained that the hours were not correctly placarded, but that ABRA informed her that the Commission could put the correct hours into the Settlement Agreement, and then the ABC Board will decide whether it’s a “substantial change.”  Commissioner Oldenburg stated that the applicant timely filed for a renewal with the correct hours, but the placards had a mistake. 

·         Commissioner Frishberg stated that the Commission should make clear in its letter to ABRA that it is comfortable in this case, but that the Commission generally believes a change in hours is a substantial change to a license.

·         Commissioner Oldenburg moved to support the renewal of Tash’s license with the signed Settlement Agreement, with the letter to the ABC Board signifying that the posted hours on the placard are different than what is contained in the Settlement Agreement and that the Commission has no objection to the longer hours.  Motion approved 9-0-0.

·         Commissioner Oldenburg moved to support the renewal of Nooshi’s license with the signed Settlement Agreement, with the letter to the ABC Board signifying that the posted hours on the placard are different than what is contained in the Settlement Agreement and that the Commission has no objection to the longer hours.  Motion approved 9-0-0.

·         A neighbor living on the 800 block of G Street SE asked about the “light show” with multiple colors that occurred at Nooshi the night prior to the Commission meeting.  The neighbor was concerned that there may be some effort to turn Nooshi into a club.

·         Vanessa Lin, the owner of Nooshi, stated that this was a lighting test, and that Nooshi would not be a club and she was not applying for a club ABC license.

·         Commissioner Frishberg asked: will there be any flashing lights on the interior or exterior of your building or restaurant at any time?  Ms. Lin stated there would not be.

 

ABRA-080056, Acqua al 2/Suna/Black Bar, 212 7th Street SE, License Renewal

 

·         Commissioner Frishberg stated that there was a signed Settlement Agreement.  Commissioner Frishberg stated that, after the ABC Committee meeting, the neighbors called ABRA and DCRA, both of whom immediately responded and inspected the applicant’s premises.  ABRA and DCRA found no issues.

·         Commissioner Opkins stated that she wished the neighbors had reached out to the applicant directly to try to work out their concerns.

·         Commission Peisch stated that he recently walked in the alley behind the applicant’s operations, and found their establishment to be very clean and diligent about trash maintenance.

·         Larry Janezich, editor of Capitol Hill Corner, asked the Commission: what precedent does approval of this application set for a bar or a restaurant that desired to operate beyond what is anticipate in its Settlement Agreement?  Commissioner Frishberg stated that the Commission follows the Settlement Agreement and the law, and if an applicant is in compliance with both the Commission will not have a problem.  In this case, the applicant was in compliance with both.

·         No vote taken, because this was technically approved on the consent agenda. 

 

Bavarian Beer Garden at 8th and L SE, Mark Brody

 

·         Commissioner Oldenburg stated that she drafted a letter to ABRA explaining that the Commission believed the changes to the beer garden concept constituted a substantial change to the license necessitating a re-negotiation of the settlement agreement.

·         Mark Brody, the owner of the beer garden, explained that his outside operations are smaller than the outside operations that for which he is licensed.  The only difference is that the inside component of the operations in gone. 

·         Commissioner Oldenburg stated that this is now a summer garden, whereas the Commission previously approved included inside premises.  Commissioner Oldenburg noted that the applicant has an entertainment endorsement. 

·         Commissioner Oldenburg moved to recommit this issue to the Executive Committee.  Commissioner Pate seconded.  Motion approved 8-0-1 (Campbell abstaining).

 

ABRA-078027, Good Stuff Eatery, 303 Pennsylvania Avenue SE, License Renewal & ABRA-082062, We, The Pizza, 305 Pennsylvania Avenue SE, License Renewal

 

·         No representative from the applicant was present, but the applicant had appeared at the ABC Committee meeting and signed a Settlement Agreement.

·         Commissioner Frishberg asked the audience member about the 1% environmental charge.

·         Commissioner Frishberg stated that he was troubled by what he heard about the 1% environmental charge, and that it should be raised with the restaurant owner and possibly the city, but that he thought it was beyond our scope as a Commission to deal with it at the ABC license renewal stage. 

·         The neighbor who raised the issue expressed agreement with the Commission’s approach.

·         Commissioner Pate raised that there were issues in the investigative history, including a sale to minor.  Most of the violations were a couple years ago.

·         Commissioner Frishberg moved to support Good Stuff Eatery’s license.  Seconded by Commissioner Oldenburg.  Motion approved 8-1-0 (Commissioner Campbell voting no).

·         Commissioner Jayaraman moved to support We, the Pizza’s license.  Seconded by Commissioner Frishberg.  Motion approved 8-1-0. 

 

ABRA-072017, Sonoma, 223 Pennsylvania Avenue SE, License Renewal

 

·         The applicant explained that he needed more time to review the proposed Settlement Agreement, and he had just received it a few days ago.  The applicant requested that the Commission take no position or support the renewal without the Settlement Agreement, and then negotiate the Settlement Agreement in a couple weeks when the Commission would be reviewing his request for an entertainment endorsement.

·         Commissioner Frishberg stated that this was a purely procedural matter of protest, and that the Commission fully expected that the applicant would eventually sign the Settlement Agreement and the Commission would not protest the application.

·         Commissioner Pate stated that for this process to work it was important that individual commissioners work with restaurants in their SMDs and give the restaurants adequate notice of the Settlement Agreement, and that it was unfair Sonoma was getting penalized like this for wanting to take a reasonable time to review the Settlement Agreement.

·         Commissioner Jayaraman stated that it would be unfair to protest Post 8’s application pending Post 8 signing a Settlement Agreement, but then not protest Sonoma’s.  He stated that if this request was approved then he would make a motion to reconsider the application of the American Legion Post 8.

·         Commissioner Jayaraman moved to protest the applicant’s license renewal, subject to a signed Settlement Agreement.  Seconded by Commissioner Oldenburg.  Motion approved 5-0-4 (Commissioners Pate, Opkins, Loveland, and Campbell abstaining).

 

      7.            Planning & Zoning Committee

 

HPA #13-267, 720 L Street SE, concept - site alterations for beer garden use: Mark Brody.

 

·         Commissioner Oldenburg stated that she voted against this plan for a beer garden because she did not think that it met the standards for new construction in a historic district.  Commissioner Oldenburg stated that not all development is good development and read a statement explaining to the Commission the status of development in the Lower 8th neighborhood.

·         Commissioner Oldenburg asked Mr. Brody where the trash would be stored.  Mr. Brody pointed to dumpsters on the specifications. 

·         Commissioner Campbell moved to support the application.  Commissioner Peisch seconded.  Motion approved 8-1-0 (Commissioner Oldenburg voting against).

 

BZA #18544, 1550 Pennsylvania Avenue SE, pursuant to 11 DCMR 3104.1 and 3103.2, special exception from the roof structure provisions under § 411 and variances from the off-street parking provisions under § 2101, the size of parking space requirements under § 2115, and the loading requirements under § 2201 to allow a residential project in the C-2-A District: Greg Selfridge & Paul Tummonds

 

·         Greg Selfridge explained the MOU he had agreed to with many of the neighbors, which he said memorializes their agreements and governing the construction.  Mr. Selfridge thanked the neighbors for the time and energy they spent working with him on the project. 

·         Commissioner Oldenburg stated that she would vote in favor of the parking variance in any event, because she voted a month ago to support zoning changes that would eliminate such minimums for developments of this type.

·         Shannon Welch of Kentucky Avenue, a signatory on the MOU, asked the Commission to support the variance.

·         A neighbor on Kentucky Avenue expressed opposition, stating that he thought the project still did not follow the requirements in the law.

·         Erin Medeira of Kentucky Avenue asked what happens if things in the MOU are not realized.  Commissioner Flahaven stated that this MOU cannot go in the BZA order, and therefore it’s a “good faith” agreement.  Commissioner Flahaven stated that he would work to push the city to agree to measures envisioned by the MOU, and that he had confidence in Novo Development following the agreement.

·         The motion to support the variances/exceptions, other than the parking-related exceptions comes with a recommendation to approve from the P&Z committee.  Motion approved 9-0-0.

·         Commissioner Frishberg moved to approved both parking variances.  Commissioner Opkins seconded.  Friendly amendment from Commissioner Oldenburg to indicate that the letter to the BZA reference and attach the MOU.  Motion approved 9-0-0.

 

Historic Preservation Office Draft Historic Preservation Plan: Enriching our Heritage, 2016

 

·         Commissioner Flahaven explained that he would be asking for an extension to comment on the plan.

 

      8.            Transportation Committee

 

Discussion of letter regarding District Department of Transportation (DDOT) Barney Circle and Southeast Boulevard Transportation Planning Study

 

·         Commissioner Peisch stated that he was recusing himself from this matter because the law firm for which he worked was involved in potentially related litigation. 

·         Committee recommended motion to approve a letter to DDOT on the Barney Circle and SE Boulevard Planning study.  Motion approved 8-0-0 (Commissioner Peisch recused).

·         Committee recommended motion to approve a letter to Councilmember Orange.  Motion approved 8-0-0 (Commissioner Peisch recused).

 

      9.            Eastern Market Report

 

Commissioner Frishberg explained that at the last meeting EMCAC discussed RPP and marketing.  Commissioner Frishberg also stated that DGS reached an agreement with the vendors to close lower 7th Street during the Hine construction.

 

  10.            Outreach & Constituent Services Taskforce Report

 

Commissioner Pate updated the committee on the statute of the vacant and blighted property efforts.  Commissioner Pate stated that the Taskforce was putting together a report and “top 10” list of vacant and blighted property.

 

Commissioner Peisch stated that the TF was still working on its public safety research efforts.

 

    11.            Financial report

Commissioner Pate moved to approve an extra $50 in funds for moving the copy machine and desk to the Commission’s offices.  Commissioner Peisch seconded.  Motion approved 9-0-0.

 

    12.            Adjournment

Commissioner Campbell moved to adjourn the meeting until the next meeting on May 14, 2013.  Motion approved.