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Advisory Neighborhood Commission 3D met at the Ernst Auditorium of Sibley Hospital on Wednesday, February 2, 2005, at 7:30 pm. Present were Commissioners A. H. Gates, S. S. Shapley, A. Heuer, R. J. Hamilton, H. Mullane, and R. Thompson; Commissioner A. Haas was absent per notice. There were about 65 people in the audience. 1. POLICE REPORT – PSA 205 1.1 Sgt. McElwee presented the crime statistics and the traffic enforcement report for the past month. There were 17 crimes in PSA205. The police made 31 stops for traffic violations, of which 23 were non-DC commuters. They will make Foxhall Road the site of “special attention” in the Partnership for Problem Solving program of the Metropolitan Police Department. Enforcement of Foxhall Road has been a concern raised by residents of the area. Ofc. Kevin Kennedy also attended.
2 COMMUNITY CONCERNS 2.1 Mary French asked the commission to follow up on an earlier request to have the bus stop at the corner of MacArthur and Galena Place removed. The chair agreed to follow up with David Erion of WAMATA to get the request moving forward. 2.2 Beth Kostelac, of 4705 MacArthur Blvd., asked for advice on a proposed addition to the semi-detached house in which she lives. This is in Commissioner Heuer’s SMD, who will work with Ms. Kostelac to ensure that the addition is properly permitted before work commences. The lot is zoned R-1-B and is 32,000 sq.ft. making it a non-conforming lot. It appears that a special exception may be required. 2.3 William Spencer (“Spence”), Vice-President of the Palisades Citizens Association, asked the commission to endorse their proposal for “Palisades” gateway signs to mark this area of the city. A drawing and location map was presented. 2.3.1 ANC ACTION: The commission voted unanimously in favor of this proposal and a letter of support will be sent to DDOT. 2.4 Commission Chair Gates noted several items upcoming. (1) The DDOT plans for improving Foxhall Road are now 100 percent complete with final comments being due to her by February 25. Plans can be viewed at the Palisades Branch Public Library. (2) Ed Lazere of the DC Fiscal Policy Institute will speak at a Forum on DC Taxes at Sibley’s Ernst Auditorium on February 22. The event is being sponsored jointly by ANC 3D, the Palisades Citizens Association and the Foxhall Community Citizens Association. The forum is a continuation of the lecture series begun a year ago by the late John Finney, former chairman of ANC 3D. (3) On Saturday, February 5, at GW’s Mount Vernon campus there will be a training exercise sponsored by the Emergency Management Agency that will focus on dealing with local emergencies. All are invited to attend at 1:30 pm.
3
4526
LOWELL STREET CONSTRUCTION, WESLEY HEIGHTS
3.1.1
ANC
ACTION:
The commission voted unanimously to approve the driveway cut. 3.2 Mr. Richard Nettler, attorney for the developers of the property opened his presentation by noting a change of applicant on the BZA Application for a special exception to allow 12 matter of right houses along Foxhall Road and W Street and 35 houses on a theoretical lot subdivision at 2101 Foxhall Rd. The new applicant is Phillips Park, LLC successor to First Capital Trust LLC and T.M. Visnic Custom Home Builders LLC. 3.2.1 Chairman Gates expressed concern about moving forward with a vote on the application given the change in applicant and the loss of the builder. She stated she felt he had brought credibility to the proposal and there was no assurance of who would fill that role. She noted the property is one of two large tracts existing in the city and the community has a level of expectation about what will developed there just as residents of Spring Valley or Wesley Heights would have expectations if development were taking place in those neighborhoods. Commissioner Shapley disagreed with the chair on the importance of or necessity for the builder to be identified. 3.2.2 Mr. Nettler stated that Mr. Visnic was still negotiating his contract. 3.2.3 Based on Mr. Nettler’s word that contract negotiations were still underway the discussion proceeded 3.3 Updated Traffic Study: Mr. Louis Slade of Gorove/Slade Associates, Inc., traffic engineers presented the updated traffic study. Also speaking was Mr. Stephen Petersen, a traffic expert hired as a critical peer-reviewer for the Gorove/Slade study. The study found that the Dunmarlin homes would not add significantly to the traffic on Foxhall Road at the peak commuter hours and that the expanded access at the T-intersection to 2101 would be a significant improvement over present means of access at W Street. Mr. Slade suggested that working with DDOT to “tweak” the light at Field School would provide more opportunity for southbound traffic to enter Foxhall Road. The consultant suggested that by removing traffic from the east side of W Street and allowing residents to access Foxhall Road at the proposed new access road traffic on Foxhall Road would be improved. 3.4 ANC DISCUSSION: Commissioner Mullane pointed out that the beneficiaries of the project were tax-paying DC residents, whose interest should take precedence in our considerations over other commuters. Commissioner Ann Heuer stated that the BZA Order with Field School would prohibit “tweaking” that light and suggested an “on-demand” traffic light at the new access road to Dunmarlin. Mrs. Chandra Hardy, the immediate adjacent neighbor, had expressed concern with the ANC that if a sidewalk is installed along Foxhall the berm that has protected her property from noise and car lights not be altered; and, that special attention be paid to the water that runs across the front and into a culvert at the southern edge of her property. 3.5 Other Changes in Design: The change in design to the interior southern circuit roadway and the southern row of house lots was done to provide better protection of the wetland and of the boundary to property of the National Park Service. These changes were the result of meetings with the “Friends of Whitehaven.” Several more mature trees would be saved under the new plan. Finally, the developer affirmed that they would work with the District to get the jurisdiction of the “paper street” (44th Street) on the eastern boundary returned to the National Park Service. The paper street would serve as a further buffer between Dunmarlin and Glover Park. They also pledged to clean up the old roadbed and rubble that had accumulated there over the years. There will be a fence around the property, which, besides planting, further prevents misuse of parkland as a dumping ground. The total interior green space is up to 2.4A. No swimming pools or other structures will be allowed in the rear yard setback. 3.6 ANC DISCUSSION: Commissioner Shapley raised the question of control by covenant of building swimming pools in the rearyard area of the house lots. Commissioner Hamilton raised the question of covenant’s coverage of quality or style of building, to which the developer replied that there would be a detailed scheme designed for prospective buyers, headed by the architect Mr. Barnes, but that this was not a specification requirement in a BZA application. Commissioner Heuer raised the terms of a PUD (Planned Unit Development) Homeowners Association and the responsibility for roads and other public space, especially in a situation with “theoretical” lots. 3.7 ANC ACTION: The commission voted unanimously to approve the application with conditions and will forward a letter to the BZA. The conditions were: Applicant agrees to: Relinquish all rights/claims to the undeveloped portion (paper road) of 44th Street that abuts the property at 2101 Foxhall Road; remove the concrete slabs and other remnants of the old road bed along the paper road; and, work in collaboration with the National Park Service to ensure that the District of Columbia transfers jurisdiction of that portion of 44th Street (the paper road) to the National Park Service. Applicant agrees to place covenants on the Deeds of Sale of properties that border on federal parkland that prohibit the placement of structures within the rear yard setback. Applicant agrees to require that all swimming pools are constructed within the allowable lot footprint. Applicant agrees to require the Dunmarlin Homeowners Association to institute a policy that would prohibit the use of harmful chemicals/pesticides on properties within the development to ensure further protection of the natural wetlands. Applicant agrees to work with DDOT to maintain or improve the natural earthen berm fronting on 2001 Foxhall Road and ensure that it is minimally disturbed if Foxhall Road is reconfigured for the purpose of installing traffic improvements including a traffic signal, an additional traffic lane and a sidewalk. Applicant agrees not to recommend to DDOT a right turn only policy from the east side of W Street. Applicant agrees not to request that DDOT fully signalize the traffic light on Foxhall Road at Field School. Applicant agrees to work closely with DDOT and to assume all costs related to the installation of a new “on demand” traffic light at the proposed new Dunmarlin entrance on Foxhall Road.
4 APPEAL RE 4825 DEXTER TERRACE BY PATRICK CAROME 4.1 Mr. Patrick Carome, resident at 4747 Fulton Street, has filed an Appeal with the BZA regarding the illegal construction of the wall at the rear of property located at 4825 Dexter Terrace, NW. The focus of this appeal and neighborhood objections is the so-called “retaining wall” some 30 feet high constructed on the rear property line to level the rear yard. Mr. Carome presented the key points of his case: (1) violation of the Wesley Heights Overlay; (2) construction of an “unauthorized structure” within the rear and side yard setbacks; and, (3) violation of the 7-foot height limit on “fence walls.” 4.2 Mr. Richard Aguglia, attorney for Frank Economides, replied that all required permits had been obtained from the DC government in time; that the family intends to live in the residence when finished; that the grade should be measured from grade at the front of the property and not from the bottom of slope at the back; and that while the wall may be “massive,” it was not in violation of the WHO’s provisions. He also noted that special, more absorbent soil had been trucked in from Spring Valley to help control run off into Federal parkland. He deplored the hostility the Economides had encountered in the neighborhood. 4.3 ANC DISCUSSION: After hearing George Watson, William Spencer, Steven Wolf and Dan Tate (the immediate neighbor) speak against the wall, the commission discussed the merits of the Appeal. Commissioner Hamilton queried whether this was a “retaining wall” or an “unauthorized structure,” an answer to which was not easily apparent in the DC Building Code. The term “structure” was also discussed, as was the point from which grade is measured. The adverse impact of silt runoff into the creek below was noted.
4.4
ANC ACTION:
The SMD Commissioner Mullane proposed a motion to support the appeal based on
the presumptive violation of the Wesley Heights Overlay, building an
unauthorized structure in the rear and side yards, and the violation of height
restrictions of the DC Code for walls and fences. The commission voted
unanimously to support the motion.
5 ANC ADMINISTRATIVE BUSINESS 5.1 The January Minutes were accepted as presented. 5.2 The Treasurer's report was accepted. The commission has a balance of $25.3K in the checking account and is now current with respect to allotment payments from the DC government. The First Quarter Financial Report was presented and approved and will be sent to the DC Auditor with the draft February minutes. 5.3 The next meeting will be Wednesday, March 2nd, 2005. Respectfully submitted, Sarah Stowell Shapley, Secretary, ANC-3D |
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