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Advisory Neighborhood Commission 3D met at the Ernst Auditorium of Sibley Hospital, Wednesday, May 4th, 2005, at 7:30 pm. Present were Commissioners A. H. Gates, A. Haas, A. Heuer, H. Mullane, S. S. Shapley, J. Stern and R. Thompson. There were about 13 people in the audience. The meeting was called to order at 7:30 PM by the Chair, Alma H. Gates. 1. POLICE REPORT – PSA 205 1.1. Officer Tony McElwee presented the police report for the month. As the traffic officer for PSA 205, Officer McElwee reported that a total of 214 tickets were issued for traffic violations during the past month. He informed the commission that MPD has added two more photo radar vehicles, resembling regular police vehicles, which are rotated through the districts to augment enforcement. 1.2. There was a 38 percent reduction in crime for the month of April 2005 as compared to the same month last year. 1.3. Officer McElwee was asked to consider a suggestion from resident Michael Malarkey to allow a left turn off of Arizona Avenue onto Canal Road during the morning rush hours. This adjustment would require that the light at the intersection be re-cycled to permit safe entry for cars from Arizona Avenue and would require traffic coming from Maryland and Virginia to stop at the light. Officer McElwee stated that he would prefer to monitor the intersection for a while and report his findings to the ANC prior to submission of a request to DDOT. This proposal was agreeable. 1.4. Timothy Lucas, Assistant US Attorney for the District of Columbia was in the audience and introduced. 2. COMMUNITY CONCERENS 2.1. Sally Strain updated the ANC on the Georgetown University boathouse project on behalf of The Defenders of Potomac River Parkland. The environmental assessment required by the National Park Service is underway. Ms. Strain invited the audience to protest the over-size construction proposed by the university by placing one of Defenders new bumper stickers on their car. 2.2. Ms. Strain informed the commission that actually three boathouses are contemplated in the scheme for the river, two to be built by the universities (GU and GWU) and a third for use by the public. The NPS agreement with Georgetown University did not require any public usage. 2.3. George Watson, resident of Wesley Heights, spoke in honor of two active citizens who recently died, Nancy Cox and Robert McCullough. Previous commissions in ANC-3D had benefited from their active, voluntary service. 3. CAFÉ ETTORE – LIQUOR LICENSE APPLICATION – 5120 MACARTHUR BLVD. 3.1. Hector Playuk, owner and chef, of this relatively new restaurant presented justification of his application to the ABC Board to convert his present liquor license from a Restaurant Class D (beer and wine only) to a Restaurant Class C (beer, wine and spirits). He stated that this was to respond to customers’ demand for a full service beverage offering. There would be no other change to his license and the terms of the Voluntary Agreement would not change. Mr. Playuk said the restaurant typically serves about 40 dinners on weekdays and 70 – 80 on the weekends. They also now offer Saturday cooking classes (10:30 – 2:30, $85). Commissioner Gates, the ANC 3D05 SMD rep, supported the application. 3.2. ANC ACTION: The ANC-3D voted 7-0-0 to approve and support the application. 4. PUBLIC SPACE APPLICATION for a CURB CUT at 5024 UPTON STREET 4.1. Jill Stern, the ANC 3D03 SMD rep for this part of Spring Valley, presented the material on this application. The owner was absent. Proposed is a second curb cut to allow for a second driveway to service a new second garage. The original garage and the additional garage would each have two bays. The present driveway would be retained for access to the rear of the property as well as the original garage. 4.2. Commissioners who visited the property felt the property was vacant and seemed slated for demolition. The application did not cover the new house construction as such. A building site plan appeared to meet all setback requirements for an R-1-A district; however, concern remained with regard to the number of garage bays allowed under Title 11. 4.3. ANC ACTION: The commission voted 7-0-0 to deny the proposed cut on the grounds that it does not appear to comply with DC regulations. 5. BZA APPLICATION for 4598 LAVEROCK PLACE – FILING of FORM 300 5.1. Commissioner Ann Haas the SMD rep for ANC 3D09 reviewed the history of this property and why she is proposing to file a Form 300 with the Office of Zoning. The plans submitted to ANC 3D in July of 2004 by Bogdan Builders, and subsequently to the BZA, did not include a 10 ft. high deck on the back of the house on Lavarock Place. Leigh Johnson, the new Compliance Review Program Specialist in the Office of Zoning, toured the property with Commissioner Haas and reviewed the history of the BZA application. The house is in an R-5-A district and was granted a special exception from the rear yard setback requirement. The deck, being over four feet, intrudes even further into the approved rear setback. Moreover, trees that were to be planted as a buffer between the development and Riverside Hospital have not been planted. The Form 300 would site Section 3129 of the Zoning Code which requires that plans presented are plans built once approved by the BZA unless a modification is requested within a specified period of time which has passed. 5.2. ANC ACTION: The commission voted 7-0-0 to support the filing of a Form 300 on the grounds that the builder violated the BZA Order. The motion also held that the burden, including associated costs of compliance should fall on the developer/builder, and not the present owner. 6. DECONSTRUCTION OF WHITEHURST FREEWAY UPDATE 6.1. Commissioner Rachel Thompson, who has represented ANC 3D on the study group covering the Whitehurst Freeway deconstruction proposal, updated the commission on recent meetings. Several ANC commissioners and citizens associations, including Palisades, Georgetown and Foggy Bottom, have taken part in meetings and a design charette sponsored by DDOT. Ward 2 Councilmember, Jack Evans, appears to be promoting the proposal on behalf of developers along the Georgetown waterfront. Of primary concern to all groups is “where will the traffic go?” DDOT has not satisfactorily answered that question. Aspects that commissioners highlighted were (1) the diversion of freeway traffic onto local streets; the marginal gains in property taxes and land values to be gained along the freeway as taxes have already risen so much in recent years; and, the development of vacant land that exists between Georgetown and Foggy Bottom. 6.2. Commissioners Thompson, Gates and Haas pointed up the value of the charettes being run by DDOT and encouraged other commissioners and the community to attend the final meeting at the Hardy Middle School. 6.3. It was agreed that the commission would re-visit this issue in June and register our position. It was also proposed that the commission join with other ANCs in a consolidated, unified position letter for the record. 7. NEW ANC-3D ZONING COMMITTEE 7.1. Commissioner Rachel Thompson, who chairs the commission’s Zoning Committee, has invited new members to join the committee started several years ago by John Finney. Committee members include Caroline Quandt, Elsie Carome, George Watson, Alan Aiches, and William Timmons who will consider specific areas of the Zoning Code for revision as well as regulatory reform. 7.2. The context for this effort is the planned revision of the zoning code (2006-2007), which is to be parallel and consonant with the on-going revision of the city’s Comprehensive Plan. 8. MINORITY VOTE LETTER ON ST. PATRICK’S ENROLLMENT APPLICATION 8.1. The commission discussed the letter submitted to the BZA by the three commissioners who had voted to support St. Patrick’s application on a motion to oppose that did not carry. The unusual and special circumstances of a divided vote, as well as a concern to enter fully on the record their reasons for support occasioned the letter. The three commissioners were H. Mullane, S. S. Shapley, and R. J. Hamilton. Other commissioners remarked that it was not in the tradition of this commission to offer a minority opinion, they were not informed prior to the submission of the letter that it was being written and that none of the commissioners filing the letter represented the single member district. 9. ANC-3D BY-LAWS REVISION 9.1. Commissioner Stern undertook and presented a revision of the commission’s by-laws. While one impetus for this was the need to clarify the terms of a majority vote required to carry a motion, with which Commissioner Stern did not agree, there were other particulars and areas she thought would benefit from revision. The commission complimented her on a very thorough and clearly done revision. It was agreed after discussing about half of the revisions to send further ideas to her so that she could do a re-draft to circulate before the June meeting. At that time the commission would discuss the re-draft as a proposal to be put through the formal process of two public readings. 10. WASHINGTON AQUEDUCT’S IMPACT ASSESSMENT 10.1. Commissioner Thompson presented her draft of a resolution to request of the Aqueduct and the U.S. Environmental Protection Agency an extension of the current public comment period. This was set to run for 45 days, from April 22 to June 2. Local congressional representatives from Maryland and Eleanor Holmes Norton had asked that the draft assessment not be released in April but be held for further consideration and input before starting the regulatory clock. Other local groups have also requested the extension since the draft was, in fact, released. [For ANC-3D the release date in the last week of April, when we received the full draft, would have required us to devote much of the May meeting to deliberating a position after having the document for only a few days.] 10.2.
ANC ACTION: The commission voted 5-0-0 to support the resolution.
Commissioners Mullane and Heuer, having had to depart, did not vote. 11. BENDER APPLICATION – 2800 CHAIN BRIDGE ROAD – TO HISTORIC PRESERVATION REVIEW BOARD 11.1. Chairman Gates asked for commission approval to testify at the May 26th hearing before the Historic Preservation Review Board on Morton Bender’s application to alter the driveway on the property of the landmark African-American School House at 2800 Chain Bridge Road. This property is part of the larger parcel owned by Bender on which he has proposed building 13 new homes, to make a total of 14 on the whole property. The commission voted 5-0-0 to approve testimony. Commissioner Gates in whose SMD the property is located informed the commission that Mr. Bender had withdrawn his submission to the BZA and asked for an extension. His hearing has been rescheduled with the BZA for July 21. 11.2. Approval was granted for the testimony. Commissioner Shapley recommended that a request for a walk-about on the whole property be submitted to Mr. Bender prior to his next appearance before the commission.
12. COMMISSION ADMINISTRATIVE BUSINESS 12.1. The April minutes were accepted as presented. 12.2. The Treasurer reported there is currently $19,936.92 in the Bank of America checking account. The Second Quarter report (of receipts and disbursements) was read and approved. The DC Auditor has notified ANC 3D that the First Quarter report was reviewed and accepted and that Third Quarter funds have been recommended for release to ANC 3D. 12.3. The next meeting will be held Wednesday, June 1st, 2005. Respectfully submitted Sarah Stowell Shapley Secretary |
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