Advisory Neighborhood Commission 6B
Minutes of Regular ANC-6B Meeting
Tuesday October 12, 2004
Commissioners Absent: Francis Campbell
Chairperson Julie Olson chaired the meeting and the commissioners introduced themselves.
There was a quorum for conducting business.
Chair Olson notified the
group that under Planning and Zoning the second item should be Public Space –
Application for Temporary Trash Shelter at
Commissioner Jarboe recommended that we remove item number 8 (Quarterly Financial Report) because the Bank Statement was received late. The ANC will still be within its 45 days to report.
A motion was made and seconded to accept the agenda as changed. The vote was unanimously (9-0-0) to accept.
John Boyle, owner of Marty’s Restaurant appeared before the commission and community requesting permission to hold a New Year’s Eve Event at which live music would be performed. There was some discussion if this matter could wait until the November ABC Committee meeting. After the discussion, Commissioner Sheldon made the motion to amend Marty’s Voluntary Agreement for one-day, New Years Eve night, December 31st to January 1st to allow for live music, dancing and other associated activities. The motion was seconded by Commissioner Snowden. The vote was unanimously (9-0-0).
Beth Purcell announced that there will be Walking Tour of Hill East Historic Sites on Saturday, October 16, 2004. There will be two (2) tours. They will start at 1:00 p.m. and 2:30 p.m., and will begin at the Congressional Cemetery gate at 1801 E. Street, SE, and will be held come rain or shine. The tour is free.
Baseball in DC:
Presenters: Linda Greeland and Gay Green, Board members of DC Sports and Entertainment Commission
The proposed Baseball in DC is viewed as an economic development initiative for the current administration and the proposed location in Southeast will help revitalize the Anacostia waterfront area, will be consistent with some of the other developments along the waterfront area. The following items were given as benefits of bring baseball back to DC:
Additionally, the commission will receive one- dollars ($1.00) for every ???? over 2.5 million dollars and that is to go to youth recreation, literacy in education and to help fund free tickets to youths who want to go to the games. The team itself will establish a charitable fund foundation to support certain activities targeted mainly towards youth in this program.
They will also be very committed DC Resident Hiring Code and LSDBE hiring goals, which means at least 51% of all jobs will be going to DC residents and 35% firms working on the project will go to small and disadvantaged business.
After more discussion, the presentation was concluded by providing the audience and commissioners with a document that outlined there presentation. The reason this issue needs to be approved is because of the required renovation for RFK Stadium because the first game is scheduled for April 2005. The proposal has 13 million dollars in it for the renovations.
Commissioner Sheldon made the motion that the ANC support bringing baseball to the City, provided that not one-dime of DC Resident’s tax dollars will go toward financing the ballpark and no money will be taken from the City’s general funds to finance the ballpark. There was not second to the motion. Commissioner Jarboe made the motion to table the motion and it was seconded commissioner Glick. The vote was 8-1-0.
Venetian Condominium Project
Presenter: Dennis Conners, Principle of Synergy Design, Representing Macy Development & Construction.
The project is located on the
corner of C and
A detailed presentation was made using various architectural drawings to illustrate how the finish project will look.
There was a question regarding the space behind the proposed building. The response was that the space would be used as a courtyard for the building.
Several questions regarding
parking were asked. Such as parking
entry (from the alley –
Commissioner Jarboe asked if they were not required to have the courtyard (recreational) space, could they lower the height of the project. Per Commissioner Jarboe, the reason he was asking was because the ANC as supported rezoning this area to R-4, and in R-4, as he understand it, you do not have the recreation requirement. He personally would be in favor of supporting a variance to get rid of the recreation requirements on the condition the height could be lowered. Because this is his major concern is the height of the project.
Commissioner Glick stated that the project is in his ANC and he believes the design is beautiful, but he feels the building is just one-story to high. Many of the neighbors in the area have express the feeling that they don’t want so many tall building in their area.
The neighbor directly across from the proposed project expressed her concern about the building’s façade. She stated that her and neighbors felt the building had a too-modern look and didn’t give the traditional feel as the current neighborhood structures. Mr. Conners stated that they looked at several designs to make it blend in more with the currents structured, and the design they’re presenting is the best they could do.
There were other questions about the brick that will be used in this project and how it matches with the brick in the other project across the street on the corner. Mr. Conners stated that the size of the building and its location meant it could utilize different design criteria.
Additional comments and concerns were voiced about available parking especially when you consider the project across from this proposed project.
Presenter: Don Edwards, Consultant for
This is the third in a series
of studies in the Anacostia Waterfront Transportation System that is being
The group utilized various visuals to illustrate the depth and breath of their study, and the findings derived from the studies. They were looking at how to best address the volume of traffic entering and exiting the city using these roadways, and the impact on traffic on the local side streets.
They want to divide their recommendations in the three sections. The first is those changes that can be accomplished in the near-term (now). Second would be those changes that can be accomplished in the next 2 to 3 years. Third and final are the changes that can be accomplished in the long-term to providing the complete interchange for moving traffic into and out of the city without negatively impacting local traffic.
There were a number of issues
discussed such as jurisdiction, ownership of roadway, big dig approach,
elevated approach, traffic that comes to the dead end of the
Southeast-Southwest Freeway. Concerning
the Southeast-Southwest Freeway, there were only two alternatives. One is the take the ramp up to
One of the key near-term finds concerning the dead end of the Southeast-Southwest Freeway, at Barney Circle was that they needed to do was to either close this exit or open it and make it legal. Additionally, with the proposed opening of RFK for baseball will also place a tremendous amount of traffic on the RFK access road, which means it will be off the table for immediate potential modifications.
Regarding traffic volume in a general sense, they did not see any burden being place on the system. Their current traffic model indicates there are 4,500 vehicles using the system per day. The current traffic flow is 5,400 vehicles. They are projecting for 2030 the traffic volume to be able to handle an additional 5,600.
In another study, they are currently looking at making 17th a two-way street. This change will impact the traffic flow somewhat. It is their belief that by changing the roadway from a one-way to two-way traffic will in fact slow down. The drivers will be more aware of being in traffic and will reduce their speed. A representative from DDOT was present and stated that in November they will be returning to the ANC to make a presentation regarding the outcome of their study on this issue. Therefore, the presenters are projecting instead of being able to handle an additional 5,600 more vehicles, it will be more like 4,000 additional.
There was a great deal of concern expressed by the commissioners and the community regarding the negative impact of placing a traffic circle at this location, especially with the new condominium and grocery story scheduled to be built at that location. The presenters assured the members that they are in constant communication with the various city agencies involved in traffic and planning to make minimize any potential negative impacts. However, later in the discussion, the presenter admitted that the traffic circle will have a negative impact on traffic.
Questions were raised regarding the methodology for conducting their traffic count studies. Specifically were their counts done on regular week days and no holidays? The response was that even though the requirement is that the study be conducted during school time on Tuesdays, Wednesday, and Thursday, and does not include holidays, however they wanted to provide a more comprehensive study. Therefore, they elected to conduct their study over the three (3) day periods using 13 hours time periods over 48 hours each, and not just peak hours.
Commissioner Glick stated
that the intersections on Massachusetts between 15th and 19th
Street, SE has been the scene of several accidents and one involving a police
car in which someone was killed. He also
stated that the ANC had voted on securing stop signs for the area, but it has
been rejected and wanted to know why and what needs to be done to secure at
Commissioner Jarboe asked about their comment that they had been asked to look at use of RFK access road, and he wanted to know specifically who made the request. The response was that their technical advisory group has made the request. Commissioner Jarboe commented that the specific cut-through was talked about in the Reservation 13 Master Plan, and they were told at the time that no way, no how, not on the table, not under consideration, and now he hears that there is a study underway to look at opening it up. He stated his concern is that the right hand does not know what the left hand. He also asked if they have talked with the people who are doing the tour bus study, because they’re also talking about using it. In fact, the last memo he got from them stated that they were in the process of finalizing a Memorandum of Understanding with the Sports and Entertainment Commission to use that road, and now you’re telling us the road can’t be used.
The presenter stated that his
comment that the road can’t be used is not necessary true, because it is still
under consideration. There are some
structural issues that will have to be resolved before anything can
happen. She further stated that the tour
buses are not looking at using the illegal exit from Southwest Freeway. She also stated that the Anacostia Waterfront
Initiative Framework Plan did show a park access road and that’s what they’re
really after, that provides access to the park all along the Anacostia
Waterfront, but in particular the
Commissioner Jarboe’s final comment was that ANC 6B has vehemently voiced their objection to the use of this roadway, and hoped that one community was not being sacrificed for another’s benefit.
Commissioner Keith Smith
asked the presenters once the roadways are opened what type of signage will be
used. More specifically, would there be
signage on the freeway signaling the direction to
Commissioner Smith stated that his biggest concern is that if you build it, they will come. Therefore, he wanted to know is they would be interested in working with a smaller group in the community for some type of structural change that would be immediate. The response was that they most certainly would be interested in meeting with the community to discuss safety issues.
Pat Taylor, from the
community, stated her concern about the amount of commuter traffic that will be
using 17th, if and when it is opened up. She further asked, if people are currently
using an illegal exit why do they think that once it is legal to use the exit,
more people will not use it. The
response was that by making
Commissioner Hill wanted to
know why they can’t open
A person in the community asked about the traffic on I Street, SE, and asked what their plans are to correct it. There were several others in the community that expressed their concerns about the current traffic volume, no to mention future additional traffic. The representative stated that it is not for them to response to that specific issue, but the representative from DDOT will need to provide ANC6B with the answer.
One community member asked about Baseball moving to RFK and its impact on the traffic patterns. The response is that RFK has been there for some time and has historically handled the traffic volume and the presenters did not see any substantial added impact on traffic.
According to the presenter, their approach has to be system-wide. The real problems have to do with the system design. The freeway and the connections to it were designed to connect across the river and become the Barney Circle Freeway, and that never happened. They now have severe problems due to fact they have not finished the freeway system. The solution is to look at the whole freeway system and look at where the major problems and what can be done in the long-term and what can be done in the mean-time. They will do their best to protect the every individual street, but they really don’t feel that the outcome of their action would be very severe and this is why they are making their recommendation.
The question was asked regarding the timeframe for arriving at a decision regarding the recommendation and when is the next public meeting. Don Edwards stated that they would be meeting the next day, and would be able to provide the ANC with a firm date by the end of the week. However, he projected the next public meeting would be held December 4th at Watkins, but don’t hold him to that date until confirmed. Their recommendation must be in before the Xmas holiday period, therefore the December 4th date looks very good.
Commissioner Keith Smith made
the motion that ANC6B not support the opening of the
Don Edwards will coordinate
with Commissioner Smith and
Chair Olson announced that a Special ANC6B meeting will be held on Tuesday, October 26th at 7:00 p.m. to discuss and vote on the proposals for financing of the baseball stadium. The ANC will get its comments in before the Council votes in November.
HPRB – Cap Mona – 616
Planning and Zoning Committee Vice-Chair,
Applicant seeks to add a
second floor addition to an existing one-story rear porch and construct a
driveway and curb cut at
In an Evaluation and Recommendation
Hearing of the Historic Preservation Review Board (HPRB) on July 22, 2004, the
conceptual rear addition was approved as being “consistent” with the character
of rear additions in the Cleveland Park Historic District in terms of its
overall form, façade, organization and general materials used. The curb cut however is on
HPRB denied the curb cut on
public space because it was inconsistent with the character of the Historic
District, citing cases at
Additionally, HPRB has stated
that the Board would reconsider the curb cut application, if the applicant
could “prove” through records that the subject property is one of four
The property resides in a Historic District, and this would be considered a new curb cut. It is the recommendation of the Planning and Zoning Committee that we support the second floor addition and concur with the staff report of HPRB to oppose the curb cut.
Chair person Olson asked if there was any new information to be offered regarding this application.
Mr. Cap Mona, the applicant and property owner, stood and presented the Commission with a packet of information to support his belief that his property qualifies for a new curb cut. His argument is that there were four (4) original curb cuts, gutters and streets were done back in the 1850s therefore, his property qualifies for a new curb cut. He further stated that if a new curb cut was granted, they would only be taking up one parking space.
Commissioner Sheldon asked
Mr. Mona if his argument was that he met the HPRB’s exception to allow for curb
cut because it dates back historically.
Mr. Mona agreed with the statement.
Commissioner Sheldon stated that he had heard that several neighbors
opposed the curb cut and he wanted to know why he thinks they felt this
way. Mr. Mona said he was not sure, but
he had heard that some thought the curb cut would take up three (3) parking
Commissioner Jarboe stated that he would like to hear from the neighbors who were present why they opposed the curb cut.
One neighbor stated that her
major concern was the lost of parking spaces on
The neighbor directly across from the proposed curb cut stated that existing curb cut which is historic goes into the building that was built in 1950s and is also the property with a large tree in front of the curb cut, so it has been a significant amount of time since it has been used. So the curb cut now goes into the property that had been sold off, so what is required to have access to the backyard of the property at 616 North Carolina required a new curb cut. She further stated that it is her opinion that curb cuts are a horrible idea and there definite reasons against curb cuts such as alternate street cleaning, emergency snow route and commercial auto repair store that is immediate next door to the proposed curb cut.
Commissioner Sheldon asked it there was a Grandfather Clause related to the curb cut. The response was that that was before the property was sold off and a house was built on it.
Chair Olson stated that it appears to her that the main issue is the part of the property was sold off at some point. Therefore, the issue now becomes one of a new curb cut not an existing curb cut.
Commissioner Olson informed the audience that the Commissioner would now review the application and make their final recommendation.
Commissioner Sheldon stated that he believes there is a real issue in terms of whether or not this is historic in nature the curb cut. HPRB has stated that if you can prove it is historic in nature, then they answer maybe different. He wandered if it was not proper, in light of the new information, to return the matter to HPRB or the Sub-Committee and have them take another look at this. He believes the applicant is answering the but if portion of the HPRB statement regarding the curb cut being historic, therefore he would be in support of remanding this at this point and have HPRB look at it again.
Commissioner Jarboe stated his understanding from the HPRB staff is that they had in fact passed it back to the Commission. He stated that HPRB stated they may take the issue up at their next meeting, but they wanted ANC6B to provide them with feedback.
Commissioner Sheldon stated he would support the curb cut as long as it has been established to HPRB’s satisfaction, in terms of it being historically grandfathered in.
Commissioner Smith asked if the discussion was about an historic curb cut, and if that curb cut still exists.
Commissioner Jarboe stated he believes the bottom-line is, is this a new curb cut or not? He believes at some point in time the original curb cut for this property went away. The policy has been that if you get rid of it, you don’t get to chance to come back and get it again.
Commissioner Snowden stated that he is in favor of supporting the application for curb cut based upon HPRB’s approval of the materials that the applicant has brought before the Commission today.
After much discussion regarding the issue, Chair Olson stated that she believes the Commission should take a position that it either approve or disapprove the curb cut.
Jarboe made the motion to change the report to say the ANC oppose the curb cut and it was seconded by Commissioner Cernich. After some additional discussion, the vote to change the report was 4-3-2.
The paragraph now reads as follows:
The property resides in a Historic District, and this would be considered a new curb cut. It is the recommendation of the Planning and Zoning Committee that we support the second floor addition and ANC 6B oppose the curb cut.
Chair Olson read the new Planning and Zoning Committee Report stating that the ANC opposes the curb cut, and asked that all in favor of opposing the curb cut raise their hands and four (4) voted by raising their hands. She then asked those in support of the curb cut to raise their hands, and there were three (3) votes. Finally, she asked those who abstained to raise their hands and there were two (2) votes. Therefore, the motion to oppose the curb cut was approved by a vote of 4-3-2.
Temporary Trash Storage at
Presenter: Marisa Scalera of Oehme, Van Sweden & Associates, Inc., representing property owner.
Ms. Scalera presented the Commissioners with a detailed drawing of the proposed temporary storage shelter, and reported that all required permits had been obtained. She also stated that the neighbors have seen the drawings and have no objections. The storage unit will not be permanently fixed to the property.
Commissioner Jarboe stated that this property is in his ANC and when in route to inspect the proposed location, he noticed at least other temporary storage units already in the neighborhood.
The motion was made by Commissioner Jarboe to support the Temporary Trash Storage Shelter and Commissioner Sheldon seconded the motion. The vote was 7-0-0 in support.
The Committee considered the renewal applications of the following establishments:
Capitol Hill Tandoor and Grill, App. No. 50233,
License # 60689, Class – CR 01
Hawk N’ Dove, App. No. 9536, License # 964, Class – CT 03
Park Café, App. No. 33333, License # 29448, Class- CR 01
Piazza Pizzeria, App. No. 60847, License # 71335, Class – DR 01 (Ellington’s on Eighth)
Bachelor’s Mill/Back Door Pub, App. No. 5868, License # 11277, Class – CT 02
Representatives of the following establishments appeared before the committee regarding the following renewal applications:
Capitol Hill Tandoor and Grill
Hawk N’ Dove
Ellington’s on Eighth
The committee sought input from those in attendance at the meeting regarding each of the establishments seeking renewal. No one in attendance raised any complaints or concerns regarding any of the license renewals.
The ABC Committee recommends that the ANC support the renewal of the licenses for Capitol Hill Tandoor and Grill, Hawk N’ Dove, and Ellington’s with the terms of the current Voluntary Agreements remaining in effect. The committee recommends supporting these renewals because representatives of the establishments made the effort to appear before the ABC Committee. The ABC Committee recommends that the ANC take no position as to the licenses for Park Café and Bachelor’s Mill contingent on the terms of existing Voluntary Agreements remaining in effect.
Commissioner Jarboe moved that the Commission adopt the recommendations on block of all 5 at one time. The motion was seconded by Commissioner Sheldon. The vote was 7-0-0 to accept.
The Committee also considered the application by
Trusty’s Bar for a Retailer’s Class “C” Tavern License for
Mr. Englert is the owner of several ABC establishments in the District, including, in ANC 6B, Capitol Lounge and the Pour House. Mr. Englert explained to the committee that the information contained in the ABRA flyer was inaccurate and that Trusty’s would not have dancing or live music and that he would be willing to eliminate even occasional DJ’s from the application. The committee expressed its desire that Trusty’s explore revising its application with ABRA to reflect those representations.
Between 10 and 20 members of the community surrounding the proposed establishment attended the meeting. Many of those in attendance expressed great concern regarding potential noise safety, parking, and litter problems relating to a tavern in the neighborhood. Neighbors were also concerned about the proposed hours of operation. Neighbors stressed that they live in a quiet community and have grave doubts regarding the necessity and propriety of a tavern locating there. Neighbors noted that a petition had been circulated in opposition to the establishment.
Mr. Englert offered to meet with community members to discuss their concerns. He stressed that he would take measures to mitigate any noise issues, including installing: sound proofing on exterior walls baffling on doors and windows, and soundproofing on neighbors’ homes. Mr. Englert stated that he does not wish to curtail the hours of operation for the tavern. The committee reminded Mr. Englert that in the past, the ANC has entered into Voluntary Agreements with establishments that limit the hours otherwise prescribed by law.
Neighbors expressed the desire for restaurants, cafés, and retail establishments rather than a tavern.
Two neighbors stated that, during the course of the committee meeting, their concerns had been addressed and that they supported the license for Trusty’s.
The committee makes no recommendation regarding the Trusty’s license and believes that the license application should be considered by the full ANC. The committee notes that action on this license application is not necessary at the October ANC meeting. The hearing date before the ABC Board is November 24, 2004 and the ANC will meet again before that date.
Commissioner Cernich made the motion to table the matter and remand it back to the Committee. It was seconded by Commissioner Jarboe.
Commissioner Sheldon commented to the commissioners that Mr. Englert owns two other establishments and that he has been outstanding in implementing carding and abiding by all the agreements and really trying to be a good citizen on Capitol Hill.
The vote was 9-0-0 to table and remand back to the Committee.
Funds for Website Development:
Chair Olson stated she had been trying to develop a website for over a year and a half without any success and she doesn’t believe anyone else on the Commission has the know-how to do so either. Therefore, she is recommending that the Commission hire someone to do so and pay them a small stipend. She is proposing that a maximum of $1,000.00 be made available to achieve this. She further stated that it may in fact in the end cost more and then again it may not.
The point was made that it is critical that the ANC will have the ability to update the site and manage it and all agreed this is very important.
Chair Olson stated she already has someone in mind that can perform the work for the Commission. She has review five (5) of his websites and she was very impressed with his work. Commissioner Sheldon will also contact his person about potentially doing the work for the Commission.
The vote was 8-1-0 in support.
There was not further business and Commissioner Hill made the motion that the meeting be adjourned until its next meeting date of November 9, 2004. The motion was seconded, and the vote was 9 to 0.
Prepared by Bert Randolph