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MINUTES FROM JANUARY 4, 2006 Advisory Neighborhood Commission 3D met at the Ernst Auditorium of Sibley Hospital at their regular time, Wednesday, January 4th, 2006, 7:00 pm. Present were Commissioners A. H. Gates, A. Haas, A. Heuer, S. S. Shapley, J. Stern and R. Thompson. There were about 125 people in the audience. Absent per notice was Hugh Mullane.
1. ELECTION OF ANC3D OFFICERS FOR 2006 1.1. The Commission elected new officers for the 2006 term beginning as required by the bylaws. All were elected by unanimous vote (6-0-0) of the commissioners present: Jill Stern as Chair, Alma Gates as Vice-Chair, Rachel Thompson as Secretary, and Ann Haas as Treasurer.
2. POLICE REPORT– PSA 205 2.1 Officer Tony McElwee provided the Police Report for the past month and stated that police focus for special enforcement in 2006 will be on pedestrian traffic and will include jaywalking on major streets. He also distributed a picture of a previously arrested suspect who has returned to the area and is not regarded as dangerous (cf. Tyrone Glenn). Recently he was apprehended following a burglary in the 2300 block of Nebraska Avenue but the witness could not positively identify him so he was released. 2.2 Officer McElwee also announced a car break-in at 2300 Nebraska Avenue. 2.3 From the audience, Mr. Hall asked where cell phone usage by drivers appears in the Police Report. Officer McElwee was not sure where it shows up in the statistics but assured the commission that cell phone usage while driving is being enforced. Infractions carry a $100 fine but no points. 3. Community Concerns 3.1. Mrs. Domenica Lomonte raised concern about the removal of public space along lower Chain Bridge Road due to the construction of two new houses located at 2500 and 2502. Both properties have planted a substantial amount of shrubbery in the “sidewalk” space that prohibits residents from walking off the roadway. She will work with the Single Member Commissioner and DDOT to find a solution.
4. Commission Announcements and Updates 4.1. Commissioner Thompson asked commissioners to take a vote reaffirming its previous position on revised language for Title 11, Section 199.1 concerning Building Height regulations. This revision is an authorized project of the Commission’s Zoning Committee. Part of the earlier proposal for revision to the Zoning Commission involved language that was already in the text and thus did not need to be part of our proposal. The vote to support the revision was 6-0-0. 4.2. Commissioner Thompson asked that a BZA Application by Bradford Deel previously brought to the commission for a vote be brought back onto the agenda. Reconsideration follows changes made to the application at the suggestion of the Office of Planning. The plans still entail 50 percent lot occupancy of the required rear yard. Commissioner Thompson stated that her greatest concern was the existence of an easement and covenant related to the storm water trench that prohibits any structure in a significant portion of the rear yard. The Commission voted 6-0-0 to support the continued objection to this application which will be heard by the BZA on January 10. 4.3. Treasurer Haas asked the commission to vote to support paying the annual $25 fee for security bonding for the Commission. The Commission supported a payment to the Security Fund by a vote of 6-0-0. 4.4. The new DDOT Transportation Planner for Ward 3, Jeffrey Jennings, introduced himself and said he intends to attend monthly meetings of this and the other ANCs in Ward 3. He makes site visits for individual cases brought to the commission or by residents directly and is aware of the requested traffic study for Norton Place as well as Sibley Hospital’s expansion plans. He has previously worked on the staff of Councilmember Jim Graham. His contact information is: 202-673-2377 telephone; and Jeffrey.jennings@dc.gov e-mail.
5. Public Space Application #16645 FOR 4815 Dexter Street, NW 5.1. The home-owner, Christina Wilcox, presented a public space permit granted on October 27. Neighbors allege construction began a week prior to her application for a public space permit. Subsequently, a DDOT inspector visited the site requiring Mrs. Wilcox to return to the public space office to revise the permit that had been issued for the repair and replacement of a retaining wall. As there was no retaining wall previously existing on the site and what was constructed is new construction, Mrs. Wilcox has been informed that her application will come before the Public Space Committee for a vote on January 26. 5.2. The chair raised the issue of the Wesley Heights Overlay that includes the Wilcox property. The wall and what has occurred on this property are not in keeping with the provisions of the overlay. 5.3. Speaking in objection to the construction and the application were Patrick Carome and Justine Kingham both neighbors. Mr. Carome presented commissioners with a detailed package on the development of this property. He noted that the same type of elevated platform structure constructed by Frank Economides has been created behind the retaining wall on Dexter Street. Mrs. Kingham, the immediate neighbor and an architect, informed the commission that she went to DCRA to locate a building permit for the property but discovered that none would be issued by DCRA until the public space issues have been resolved. She added objections to the construction and the process followed by Mrs. Wilcox. 5.4. The Commission entertained a motion to approve the home-owner’s current application to occupy public space to construct a retaining wall and erect a fence in public space at the front of the property at 4815 Dexter Street. There was no second to the motion and it failed to carry. No other motion was proposed.
6. Public Space Application #16644 for 4847 Rockwood Parkway, NW 6.1. Home-owners Mark and Ellie Knebel presented their application to provide pedestrian and driveway access to their new home being constructed at 4847 Rockwood Parkway. They have retained a firm to do a “wall check” to determine compliance with lot occupancy and setback requirements. There is no sidewalk on this block of Rockwood. The property slopes upward from street level to the foundation level of the house. The plan shows three sets of retaining walls between the street and house. Construction on these retaining walls was at least 50 percent complete despite there having been no permits issued for their construction. The two walls closest to Rockwood Parkway are in pubic space. This case involves a permit process that was mishandled by DCRA.
6.2.
The Commission voted 5-1-0 to deny the application to construct a new
lead walk and retaining walls in public space at the font of the house at 4847
Rockwood Parkway, NW. (S. S. Shapley to approve). 7. BZA APPEAL #17391 OF DIANA DeBRITO AND JONATHAN GOTTLIEB FROM THE ADMINISTRATIVE DECISION OF THE ZONING ADMINISTRATOR TO ISSUE VARIOUS BUILDING PERMITS FOR 2620 FOXHALL ROAD (THE LUDWIG ESTATE) 7.1. Home-owner and neighbor Jonathan Gottlieb (4610 Dexter Street) asked for commission support for his appeal against the issuance of five permits for new construction at 2620 Foxhall Road by the Ludwig’s, an estate zoned R-1-A. He, for himself and about a dozen other neighbors, summarized a detailed package of objections including several 12-foot high walls and other matters that do not comply with regulations. Infill has lifted the overall house site by about 12 feet. The walls result in serious runoff problems for adjacent neighbors. The five permits at issue were obtained over time beginning in 2003, thus preventing DCRA or the neighbors from a true picture of the overall construction on the site and its impacts. Mr. Gottlieb recounted attempts to meet with Mr. Ludwig and his representatives, which featured assurances rather than acknowledgement of particulars of the development. Two other neighbors attended and Mrs. Kathy Demitatis (4750 Dexter St.) spoke in opposition.
7.2.
The Commission voted to support the appeal to the BZA by a vote of
6-0-0. They advised the appellant to secure in writing the signatures with
addresses of the 12 neighbors with adjacent properties and make that document
part of the submission to the BZA. 8. BZA APPLICATION #17429 OF THE FRIENDS OF ST. PATRICK’S EPISCOPAL SCHOOL – Review of overall transportation plans for new school and residential development at 1801 Foxhall Road 8.1. Ed Murphy, President of the Friends of St. Patrick’s that purchased and developed an overall site plan for the new campus and housing development on the 17 acre former Brady estate, introduced the project. School representatives have formed three committees to handle subject areas of concern with the neighbors. Areas addressed by Martin Wells of Wells & Associates, Inc., in his traffic plan include efforts to minimize traffic impacts on Foxhall Road; efforts to minimize traffic impacts on 45th Street and Hoban Road; a proposal to ensure adequate parking on campus and the proposed design of an internal road system to enhance traffic circulation and parking on campus. Mr. Wells’ briefing slides will be furnished to each commissioner and be posted on the school’s website. 8.2. Mr. Wells explained the methods he used to gauge increased traffic volume on Foxhall Road and the 28-home residential development at the southern end of the property. While there would be increased traffic, he maintains it is not excessive but the levels of service at surrounding intersections will go to an overall Level of Service (LOS) F during the morning peak hour. He proposes to facilitate school access by placing a new traffic signal exactly opposite the German Ambassador’s residence and to add a fifth or taper lane on Foxhall Road to capture southbound traffic making a left turn into the school site. Also proposed is a four-lane to two-lane transition at the Whitehaven intersection for northbound traffic to avoid the abrupt single-lane transition that currently exists. Parking on campus will be handled by a below grade parking garage for 170 cars and additional non-peak hour parking for 47 cars will be possible along the school’s internal loop road. This will satisfy the required parking. The school plans to implement a car pool plan, establish a shuttle bus service to the Tenleytown Metro stop and coordinate this service with other local schools. Students will be encouraged to walk using the sidewalk that will extend in front of the school along Foxhall Road. There was mention of student drivers and their driving privilege will be based on an exemplary academic record and a proven record of voluntary service. All school-related cars will be required to have a decal identifying the school. 8.3. For the 28-unit residential development, Well’s estimates show some but not an excessive increase in traffic. Figures for current usage by nearby housing groups (e.g., Colony Hill, Foxhall Crescents, Phillips estate) were presented; of the 174 total homes in this area, the 28 new homes would add 17 – 28 trips per day. Also, presented was a package of mitigation measures to facilitate access for both the new development and existing Colony Hill homes (in and out) to Foxhall and Reservoir Roads and to prevent commuter cut-through traffic. 8.4. Speaking for the Colony Hill residents association was transportation engineer and planner Jawahar Mehra of MCV Associates, Inc. He found the measurement of additional traffic proposed by Marty Wells to be under-estimated and that traffic impacts would increase by perhaps as much as 13 percent, disputed some of the methodology used to calculate impacts, and found that the additional traffic would further degrade both Foxhall Road and some of its intersections from, Level C to F during the morning peak hour by creating additional travel delays by as much as 57 seconds. Mr. Mehra also noted that the shuttle bus would not be able to make the necessary number of round-trips during the morning peak hour given existing traffic along the travel path. 8.5. Ellen Kentz, a resident member of the association, emphasized that the degradation of levels of service at surrounding intersections is critical to current residents and that the ultimate plan must cover more than the 45th Street and Hoban Road access points. She noted that the Colony Hill Citizens Association has drafted its own alternative set of proposals which will be taken up in its upcoming meetings with St. Patrick’s.
8.6.
As the Commission was not being asked to act on the traffic study and
proposal, it only raised questions for clarification and information. 9. 2802 CHAIN BRIDGE ROAD DEVELOPMENT BY DORCHESTER ASSOCIATES 9.1. Morton Bender, owner of this development proposed for the former Murphy estate, briefly presented his revisions to previously submitted plans. He has previously appeared before the commission twice and been granted two continuances by the BZA. The Commission only received one copy of the detailed new plans on December 23 for the same number of homes shown in previous proposals. Commissioners did not feel they had had adequate time to review the material and objected to this lack of consideration. 9.2. Commissioner Gates had prepared a summary of the issues relevant to our previously stated concerns, which will be attached to the Commission’s letter to the BZA. Mr. Bender maintains he could build 9 homes as a matter-of-right, but the new plan still calls for 13, the maximum conceivable on this property. The proposal fails to take into account the fact that the landmarked School House at 2800 is actually an integral part of this property development and could provide significant help in road and access design for the whole. The Commission has previously objected to this “maximalist” approach to development and called instead for a lesser number of homes that respect the natural levels of the topography and mature trees on the property. 9.3. Special concerns expressed were the failure to adequately protect mature trees and the removal of more than the three permitted under provisions of the Overlay, the inadequate plan for roads for emergency and service vehicles for the development, the incomplete plan for storm water management, and erosion control of the steep boundary slopes. 9.4. Speaking for the Chain Bridge Road Preservation Committee was adjacent neighbor Robert Sussman. The committee asked for commission support of a 90-day continuance, as they also received material too late for adequate preparation for the January 10 hearing.
9.5.
The Commission voted 6-0-0 to support the request for a 90-day
continuance and to reaffirm its position against maximalist development, for
compliance with the CB/UT Overlay, and related particular issues as they appear
in his new proposal. These would be conveyed by appending the Summary discussed
to the BZA letter. 10. COMMISSION BUSINESS 10.1. The treasurer’s report was accepted. (See attachment.) 10.2. The minutes of the December 2005 meeting were accepted. (See attachment.) 10.3. The next meeting of ANC-3D will be Wednesday, February 1, 2006. Respectfully submitted Sarah Stowell Shapley Secretary |
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