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Minutes – November 3, 2004
Advisory
Neighborhood Commission 3D held its regularly scheduled monthly meeting at Ernst
Auditorium, Sibley Hospital on Wednesday, November 3rd, 2004. Chair Alma Gates
called the meeting to order at 7:30. Commissioners Gates, Heuer, Shapley, and
Haas were present; Commissioners Hamilton and Mullane arrived late.
Commissioner Finney passed away on November 1st. (see below for
recognition). There were about 15 people in the audience.
1 POLICE CONCERNS
1.1 The Second District police report for PSA 205 was presented, and a handout
of detailed statistics for the month provided. "Special
attention" is being given to a revolving scheme of monitoring drivers for
speeding and cell phone violations at different in-bound points in
the area. Sgt. McElwee sees this effort as beginning to yield positive results;
he has attended 11 hearings for violators in all of which
points against the driver's license were recorded. This sanction is deemed to
be the most effective enforcement. He expects to switch
special attention to the out-bound drivers soon. A "smart traffic" machine is
to be installed and may be moved to different locations.
1.2 Commissioner Shapley reported that serious vandalism had occurred on 49th
street near Hillbrook recently. The windows of cars were battered out. She
remarked on the responsiveness of the police to her e-mails on this and another
outdoor theft in the area. She also reminded the police and public of concern
over an itinerant laborer who has been a squatter and can be dangerous and has
been the subject of a barring notice and special attention.
2 COMMUNITY CONCERNS
2.1 Elsie Carome, 4747 Fulton street, near the edge of Glover Park and Battery
Kemble Park, reported on the serious adverse consequences of a home construction
project by the developer Frank Economides at 4825
Dexter Terrace. An enormous retaining wall (200 ft. L x 30 ft. H) has been
erected which actually blocks the view and access to the parks and which has
involved potentially dangerous soil removal. At issue is the adverse
consequence of Wesley Heights' not having a Tree & Slope Overlay (TSO)
restriction in the housing code and DCRA's issuance of permits that do not
comport with the actual construction undertaken. She believes that the
developer is also taking some public land in the
process of this construction.
2.1.1 also testifying to this were neighbors Dick Higgins of Fulton Street, Tina
Tate of 2715 49th Street, and Catherine Spencer of 2825
49th Street. They reported on the lack of drainage holes in the wall and the
dangerous runoff of sludge to their property and the park. They
raised the question of why there was no environmental impact assessment for the
parks from such construction, an example of which is getting the proper balance
of silt and topsoil when there is major soil removal.
2.1.2 Discussion centered on the recurrent problem of third party inspections,
where, as in this case, a developer-builder can use his own
personnel to validate construction. Commissioner Gates has met with the Park
Service and expects two citations for parkland damage to be
issued. Carolyn Quandt of Palisades reinforced the need to complain about the
construction practices of Economides. Dr. Steven Wolf, of
3117 Chain Bridge Road, warned these neighbors of the catch-22 for complainants
to DCRA, because they can inadvertently set a 60-day clock running on their
appeal rights just by filing before they have gotten a determination that a
violation has occurred. The neighbors will share their case materials with the
SMD's Commissioner Mullane. Commissioner Shapley reminded all that DCRA is the
next agency to "call on the carpet" as part of this commission's annual
performance review of agency actions. Commissioner Gates will contact the
Assistant Director, Teresa Lewis, to follow up this case.
2.2 Elizabeth Gomart of 4800 W Street put in a plea for the continuation of a
sidewalk along 48th Place near the Safeway and V Street, as there is a dangerous
blind spot where people are forced to walk in the street after the sidewalk
ends. A 15-foot extension would remedy the
situation. She was advised of the petition process by neighbors to DDOT and
that the SMD's Commissioner Gates will follow up with the Ward 3 liaison John
Bullock. A second dangerous place, a sinkhole at Berkeley and W streets was
also mentioned.
2.3 Chairman Gates listed the ANC3D commissioners after the November election:
Commissioners Gates, Shapley, Heuer and Haas will continue; Commissioner Mullane
expects to continue having been a write-in. Rachel Thompson was elected to
ANC3D-04 and
Richard
Hamilton, was elected to ANC3D-08.
Commissioner
Tanya Hamilton will be “retiring” after many years of
Service to the community.
3 WMATA: NEW ADDITION TO ROUTE OF N8 LOOP BUS
3.1 David Erion presented the proposed addition to the N8 loop bus that serves
Spring Valley and Wesley Heights, as well as AU Park, with access to Tenley
MetroRail. The addition would cover the Glover Park area of Tunlaw Road where
there are many students from American University, including the law school,
which are no longer being served by the AU shuttle bus system. A six-month
trial begins in December. He claimed that there would be no lengthening of
times for the current residents on this route and there would be a slight
increase in frequency on runs. Commissioner Shapley, who uses this bus
regularly, was skeptical; and others expressed concern at public
transportation's taking up for a private need.
3.2 On the removal of the MacArthur Blvd. bus stop sign at Galena, he said the
work order has been issued.
4 DRIVEWAY CUT FOR 4918-4930 SHERIER PLACE
4.1 A new driveway cut to service this Palisades premise was recommended by the
SMD's Commissioner Gates. The owner is Kent Homes LLC, listed at 4824 Sherier
Place.
4.2 ANC ACTION: The commission voted unanimously to support this
application.
5 DRIVEWAY CUT FOR 4952 ESKRIDGE TERRACE
5.1 The new cut would provide parking at the front of the home for Jeanette
Paucar, the owner, which is needed because of so much parking on the street by
people using the Key School. The SMD's Commissioner Gates recommended approval.
5.2 ANC ACTION: The commission voted unanimously to support this application.
6 PAVING IN FRONT OF 2235 - 2243 49TH STREET
6.1 Caroline and Albert Turkus are applying for a special permit to pave a strip
of ground between the retaining wall fronting their property and the street.
They have already installed the paving, which uses Belgian block bricks, as they
are most visually consonant with the wall's stone structure. Previously, this 2
ft. W strip, which is public land, was a muddy run. The permit proposal is
supported by the five neighbors along this portion of the street. The owners
have admitted that they erred in not securing a permit, themselves or their
contractor, for the work beforehand; and they will sign a covenant to maintain
this city strip that will convey with the deed to the property. Scott Fassbach
of 2243 49th also spoke in support of the paving. Commissioner Gates recused
herself, as she resides nearby. The SMD Commissioner Heuer recommended approval
subject to the covenant for maintenance.
6.2 ANC ACTION: The commission voted unanimously, except for the recusal, to
support this permit.
7 5144 CATHEDRAL AVENUE NEW HOME CONSTRUCTION
7.1 Geoffrey and Sharon Kuck, owners of 5144 Cathedral Avenue, are applying for
an area variance for the new three-story home (2500 sq. ft.) they propose to
construct on this site after demolition of the current, single-story old home
(1000 sq. ft.), which sits on the
property line. Their architect, Michael Cipriani, presented the plan. The lot
is 3730 sq. ft, less than the 5000 sq. ft. prescribed by the
current R-1-B code for the area. The plan provides 8-ft. side yard setbacks on
all sides. The narrow, curved wedge shape of the lot does
not allow for a 25-ft. rear yard setback, neither for the current home nor
practically for the new plan. The new home's footprint would occupy 43% of the
lot, 3% over the code allowance. The front yard has the 25-ft. setback. Green
buffering surrounds the other sides, and improved drainage will be provided.
7.2 The SMD Commissioner Finney was concerned that the owners not demolish the
old home before securing a proper permit for the new plan. Commissioners
remarked favorably on the design as having variety of profile and appropriate
mass and also being consistent with the style of the area; and they acknowledged
the unique shape and size of the lot. Neighbor Evelyn Cosey, of 5443 Hawthorne
Place, spoke to support the Kuck's plan.
7.3 ANC ACTION: The commission voted unanimously to support the application.
8 2762 - 2800 CHAIN BRIDGE ROAD DEVELOPMENT - M. BENDER
8.1 Property developer, Morton Bender, presented is plans for building 13 homes
on the 4 acre, old Murphy property at 2762 and 2800 Chain Bridge Road. There
had been a meeting between him and the residents group, Chain Bridge
Road/University Terrace Preservation Committee, on October 11th, which was
memorialized in a letter by them of October 25th that contained eight points of
criticism. This had been provided to the commission in advance of this
commission meeting. Mr. Bender had provided his arborist's report on the 64
trees on the property and protective measures to take during construction. He
also provided four schematics: trees saved; trees to be removed; subdivision
layout of home lots with access roads and driveways; and an overview depiction
of the development. He emphasized what he could do as a matter of right and
that his plans were in compliance with DC regulations; he pointed out that he
would preserve the "old school house".
8.2 Chairman Gates noted that tonight's meeting was not for purposes of a vote
by the commission on the plan but rather to air the matter in
advance of his expected submission to the BZA. She expressed skepticism about
the adequacy of his handling of the terrain and construction plans. She did not
regard the schematics as adequate to appraise the compliance of the project with
code and neighborhood standards. Commissioner Heuer noted that this was a
"theoretical lot" development rather than a PUD (planned unit development). His
proposal for three entry roads (2 old and 1 new) was reviewed and the concern
over the narrowness of the road was raised as was the code's allowance of "pipe
stem" driveways.
8.3 Speaking on behalf of neighbors and the committee abovementioned was Judith
Lanius. Other neighbors appearing were Mr. And Mrs. Richard England (2832 Chain
Bridge Road), and Steve Wolf.
8.4 In conclusion, Commissioner Gates noted that the normal process of BZA
application, ANC review would be followed, with complete plans being part of the
application. Commissioner Mullane raised with residents the need for realism
about the developer's entitlement (matter of right) versus their wish list and
hoped they could find a common ground with the developer.
9 RECOGNITION OF COMMISSIONER JOHN FINNEY
9.1 The commission unanimously voted to record and convey to the family of their
deceased colleague and former chairman, John W. Finney, a resolution of
recognition of the service to the commission and the neighborhood. Also, the
commissioners will support and help advance the idea of a memorial plantation on
public land in his honor. The Palisades Citizens Association is expected to
pursue this too.
RESOLUTION:
We, the undersigned of Advisory Neighborhood Commission 3D, commend the life
and service of fellow commissioner, John Finney, and convey our condolence to
his family. He was a wise and knowledgeable counselor, always willing to
promote collegiality amongst commission members and to bring humor and guidance
to their consideration of neighborhood matters before the commission. He was an
advocate for the community, devoted to saving trees as neighborhood amenities
and ensuring that parkland that belongs to all of us continues undiminished as a
public trust. These qualities were especially valuable in his term as our
chairman. He will be sorely missed, and we hope that the commemorative planting
will testify to the regard in which he was held and the causes he championed in
our community.
10 ANC ADMINISTRATIVE BUSINESS
10.1 The November Minutes were approved 5-0-0.
10.2 The Treasurer's report showing a balance on hand of $17,313 was accepted.
10.3 The second vote to revise the commission's by-laws was taken unanimously.
The requirement now in the by-laws to produce an annual
report for submittal to the city council and central ANC office was deemed
unnecessary; and so it was agreed to revise the by-laws to delete
this requirement.
10.4 The Chairman will testify at two City Council hearings, on the Army Corps
of Engineers' remediation of the Spring Valley FUDS and the Washington Aqueduct
proposals for handling the Dalecarlia sludge and sediment to comply with new
federal environmental regulations. We also will continue to support our
position on the Georgetown University boathouse and the review by the National
Park Service, on which a hearing is expected soon.
10.5 The next meeting will be Wednesday, December 1st, 2004.
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