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ANC3D Minutes for June 4, 2003
The June 4th, 2003, regularly scheduled monthly meeting of ANC-3D was
called to order at Sibley Hospital’s Ernst Auditorium by the chairman,
John Finney, at 7:30 pm. Commissioners Gates, Shapley, Heuer, Mullane,
Hamilton and Polk were present. About 30 others attended.

COMMUNITY CONCERNS

1. Police Report
The presenting officers were honored recently with a special award for finding a missing person. The commission and attendees applauded them. The police urged neighbors to look out for a man who is suspected in multiple burglaries in the area and to call the 2nd District if spotted from the description given. We were warned to keep doors and windows locked and not to answer the door to strangers.

2. Citizens
2.1 Michael Harbold, coach of a canoe club team, appealed to the commission to take a stance against the proposed location of the new Georgetown University boathouse. He and Chisholm MacAvoy presented a large panorama of the waterfront and described the benefits of a location to the east of Key Bridge rather than west as is proposed by the university. The zoning session on this, however, is scheduled for June 5th, and the project is not within this commission’s boundaries, and so the Commission declined to go on record for or against the project. The Commissioners were aware of the arguments and appreciated that the new boathouse would block access to that part of the shore but left the advocacy to ANC-2D where it is located.

2.2 Michael Stockton raised the problem of the leftover construction material at the SE corner of Macomb Street and MacArthur Boulevard. The street re-paving has long been completed but the dirt piles remain. He has put in a hotline ticket but has not seen remedy. Jill Diskan, Ward 3 Services Coordinator in the Mayor’s office, pledged to pursue this. Commissioner Polk noted his disappointment recently with the 727-1000 hotline service’s uptake by the agencies.

3. St. David’s Proposed Nursery School.
3.1 The Reverend Alison Quin, Assistant Rector, presented the current position, which had changed on Tuesday due to the school’s decision to withdraw. Her statement was available as a handout. “Update - The Jenny Waelder Hall Center for Children, Inc., has withdrawn its proposal for a preschool at St. David’s property at 5144 Macomb Street, NW, rather than face the possibility of a delay in opening the preschool due to zoning proceedings. In all likelihood, St. David’s will rent the property to a residential tenant, while the parish continues to explore future use of
the property. We continue to believe that a preschool would serve the community while furthering the church’s mission to reach out to families with children. We welcome dialogue with our neighbors concerning the possibility of opening a preschool. We will do our best to keep our neighbors informed and seek their input as part of our planning process.”
3.2 Commissioner Finney reminded the church of the need to get a special
exception from the BZA for such a project in an R-1 area, and Commissioner Heuer admonished the church to consult fully with neighbors before undertaking another such venture. Commissioner Shapley acknowledged for the record that she would recuse herself from any vote on this matter, as she is a vestry officer of the church.

3.3 Several neighbors spoke in opposition to the use of the property for a preschool, which they saw as a non-residential use and beyond being merely an extension of the church’s Sunday school. Michael Stockton, who lives directly across from the church on Macomb, spoke for these neighbors and stated their wish to avoid conflict and gave thanks for the reconsideration and promise of future consultation by the church. He had a statement with some 20 signatures, which he declined to share with the commission. He saw the non-residential use of the 5144 house as an
extension of the “footprint” of the church beyond what neighbors would find tolerable. Three other neighbors spoke and presented written statements to the commission: Mrs. Toby Gati of 5137 Macomb, Mrs. Rosaleen Cosby of 5123 Macomb, and Mr. Neil Williams of 5205 Klingle Street, adjacent to the church. Mr. Ken Bloom of 5136 Macomb, adjacent to the 5144 house, spoke in opposition, objecting to the Hall Center’s “multiple mission” and the higher number of children in school’s literature than that mentioned by the church. Julia Roland of 5129 Macomb, who had signed the group letter, also spoke in opposition, noting in particular the amount
of parking spaces being used for church events. The church, which has grown in recent years after a severe decline, provided a handout for the meeting that detailed the current numbers and roster of activities for the community. Some dozen parishioners were present at the meeting. Linda Shaughness, resident at 5236 Loughboro Road, member of the church and its vestry, spoke to register the value of having a church in the community and the various activities a church can undertake as a matter of right within current DC regulations.

4. Martin Home Addition at 4700 Reservoir Road.
4.1 Cade and Malvina Martin asked the commission to endorse their application to the BZA, #17024, for a variance to construct a one-story addition (14ft x 10ft) to a “non-conforming” single family detached dwelling. J. Patrick Brown, their zoning attorney, presented the drawings and calculations of lot occupancy and other perspectives on the property. At issue were rules on lot occupancy (Sec 403) and
non-conforming structures (Sec 3). The house now occupies 45% (beyond the 40% allowance for current homes) and would occupy 51.1% with the addition. Mr. Brown argued that the shape and character of the lot only allows addition in the way proposed, that it would be invisible from the street and not change the profile of the house from that vantage, and that the side yard being used still had a 10-foot setback when only an 8-foot one was required.
4.2 David Conner, resident at 4702 Reservoir Road, stated his opposition to the variance since his demand for a conveyance with deed of the Martins’ offer of a binding agreement to do no further construction was not accepted by the Martins, although they had offered to incorporate the binding agreement with them into the BZA variance. He had circulated a letter with his views to commissioners prior to the meeting.
4.3 Speaking to the technical and historical aspects of this sort of zoning issue in our area were George Watson and Alan Aiches, both of whom had visited the lot in question.
4.4 The Commission noted that the homeowners knew, or should have known, the constraints when they bought the home and looked to their future as a growing family, and that the Commission disapproves almost all such variances presented to it. To approve would be to set a bad precedent given the pressure for over-development already felt in the area. The Commission voted 6 to disapprove, 1 to approve (Shapley), with none abstaining. A letter to the BZA will be sent. (See attachment.)

5. Driveways.
5.1 An application to install a driveway at 5066 Sherier Place was approved by the commission with a 7-0-0 vote. Commissioner Polk was persuaded of the need for this after a visit to the site.
5.2 An application to install a driveway at 5016 MacArthur Boulevard was approved by the commission with a 7-0-0 vote. It was noted that it was bad precedent to build and then get a permit but visits to the site by Commissioner Gates, in whose SMD it is, and Chairman Finney persuaded them that there was a real need for this access for the group of houses there.

6. Four-way Stop at 46th & W Streets.

Commissioner Gates presented a petition from residents, including Marisa Rausch, near this intersection with 42 signatures to install a four-way stop sign there. While all the signatories did not reside at the intersection, they and their children used it frequently on way to the park. The Commission voted to approve the petition, 7-0-0.

7. Public Playing Fields
7.1 As follow-up to the commission’s meeting in May with Neil Rodgers, Chief of Staff for the DC Dept. of Parks and Recreation, on the problem of over-use and miss-use of public playing fields by private groups to the detriment of casual use by neighbors, the Commission discussed a draft letter by Chairman Finney to Mr. Rodgers on its position. There was extensive discussion, covering concerns about the lack of fees earmarked for upkeep paid by private groups and the lack of public
understanding of permitting schedule and process. Commissioner Mullane particularly advocated emphasizing this last point and also recommending an agronomy study on better field maintenance. Earmarking funds from fees for the actual, local field used by a group was endorsed by the commission too.
7.2 These points are to be made in revision of the letter. The Commission voted (6-1-0) to approve in principle the re-draft, with Commissioner Mullane dissenting by reason of a different perspective on the balance between local public and other organized use of fields today.

8. Tree/Slope Overlay Position.
8.1 The commission had been invited to give its views on the value and effectiveness of Tree/Slope Overlays as part of the city planning and zoning process. Chairman Finney had drafted a letter to the DCRA. It was agreed that these overlays were useful and necessary to maintain green space in our area but also that they were poorly enforced and recorded. The commissioners saw the overlay as especially needed in our area with its older, historic homes and their mature tree cover. It was agreed to add specific demands to flag properties in the city’s mapping of database of real property within a given overlay and to include a
trigger for prospective homebuyers and agents with referral to actual Lot and Square in zoning books. The Commission voted 7-0-0 to approve the revised letter.
8.2 It was agreed that the revised letter should be also sent to the zoning bodies, the Office of Planning, the Mayor, and City Council members Patterson, Mendelson, Catania, Schwartz, and Ambrose. (See attachment.)

9. Casey Mayoral Mansion Update.
9.1 There was a meeting of some local neighborhood association representatives with city officials on this issue. Steven Green, EOM, and Ellen MacCarthy, Office of Planning, said they were reviewing the study by the National Park Service and the survey from the 1940’s. The Casey Foundation had given 60 days for the government to come to resolution on their demands but May 21 has come and gone without resolution or formal response to the various conditions proposed for the
deal.

10 Commission Business.
10.1 Treasurer’s Report. There is currently a balance of $ in the Bank of America checking account.

10.2 Secretary’s Minutes. The minutes of the May meeting were approved
unanimously.7-0-0.

10.3 Next Meeting. The next meeting will be Wednesday, July 2nd. There will be no meeting in August.

Respectfully submitted,
Sarah Stowell Shapley, Secretary, ANC-3D

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