Minutes

Advisory Neighborhood Commission 3D

July 5, 2006

Adopted on September 6, 2006

The July meeting of Advisory Neighborhood Commission 3D was called to order at 7:12 PM by Chair Alma Gates.  Other commissioners present: Haas, Heuer, Mullane, Thompson and Wells. Commissioner Shapley was absent.

Police Report

Officer McElwee reported there were 20 crimes during the period June 1 – June 21. He reported that traffic enforcement has been stepped-up along the 5000 block of MacArthur Boulevard during the period 6:30-7:30 AM. Among those recently stopped were five employees of Sibley Hospital and two employees of Georgetown University.

Officer McElwee reported two lock-ups resulted from speeds exceeding the speed limit by 30 mph or more. The recorded speeds were 76 mph and 69 mph, both in the 35 mph zone on Canal Road.

Officer McElwee reported on the removal of a special tree (without a permit), which is a tree larger than 55 inches in circumference at a height of 4-1/2 feet. Commissioner Thompson thanked Officer McElwee for his work and coordination with Earl Eutsler of the Urban Forestry Administration who issued a fine to the homeowner for removal of the tree without a permit.

Commissioner Thompson also thanked both the police department and the fire department for their responsiveness during the unprecedented rains the weekend of June 24-25 which caused, among other things, the collapse of two foundation walls and extensive flooding at the Quandt residence, 5320 Macomb Street.

Community Concerns

Chairman Gates clarified the Commission’s rules for announcing its meetings and meeting agendas. The ANC is required to provide public notice of its meetings but is not required to publish an agenda ahead of time. Commissioner Mullane further noted that items that do not appear on the agenda may be called onto the agenda for action during the course of a meeting.

Commissioner Thompson read a June 9 letter from Thomas Jacobus, general manager of the Washington Aqueduct, announcing commencement of a new Environmental Assessment (EA) to evaluate the impacts of switching from chlorine gas to a liquefied chlorine formula. Commissioner Haas noted that the Federal Register announcement attached to the letter indicated a July 15 deadline for all comments. It was also noted that there was no scoping meeting held in conjunction with the EA. Commissioner Wells offered to follow up on this.

Mr. Vince Treacy, chairman of the Board of Spring Valley West Homes Corporation said the corporation board unanimously endorsed Sibley Hospital’s proposal to construct a medical office building. The vote was recorded in a letter sent to each member of the ANC. Mr. Treacy responded to questions from Commissioners Thompson and Wells which included the fact that members of  the Spring Valley West Homes Corporation were not consulted regarding the board vote.

Caroline Quandt of 5320 Macomb Street described some of the events that led up to the collapse caused by flood waters of the foundation of her family’s home during recent massive storms the weekend of June 24-25. She described WASA’s plans to avert just such an event by building a relief trunk line on Macomb Street from MacArthur Boulevard to Potomac Avenue.  Construction will not begin until 2007.  Ms. Quandt gave an update on her family’s efforts to stabilize/recover the house. Ms. Quandt mentioned that the Palisades Citizens Association has set up a special account in her name at Citibank and she has used some of the proceeds to hire workers to assist in the recovery.

Appeal by Jonathan Gottlieb of Building Permit No. 84942 (dated January 17, 2006) for rebuilding and new construction at 4641 Dexter Street, NW

This property is located within Commissioner Mullane’s district.

Wesley Heights resident Jonathan Gottlieb requested ANC support for his Appeal to the Board of Zoning Adjustment of a construction permit granted to the owners of 4641 Dexter Street, NW.  The hearing is scheduled for July 18.  In addition, the home and single standing garage appear to violate four elements of the Wesley Heights Overlay District (WHOD), most important of which is the requirement that structures cannot occupy more than 30 percent of a lot within the WHOD. Mr. Gottlieb noted the failure of DCRA to locate the file or plans for the construction site thus denying him access to permit applications, permits issued and the construction plans. 

Mr. Gottlieb reviewed his other concerns including storm water run-off, impact on light and air, and tree damage. The site is adjacent to Fulton Street Park. Commissioner Mullane said the burden should be on the owner to demonstrate that construction complies with the WHOD. A neighbor, Barbara Ingersoll, provided additional details on construction at the contested property and cited concern about two other properties in the same general area.

The owner/developer of 4641 Dexter Street, David Decker, was not present at the meeting. Mr. George Watson, a member of the ANC3D’s zoning committee and president of the Wesley Heights Historical Society, said there is no doubt the property is within the WHOD.

Commissioner Mullane moved that the Commission support Mr. Gottlieb’s appeal before the BZA on the grounds of: a) non-compliance with the WHOD requirement for no more than 30% lot coverage; b) limit on gross floor area (GFA); c) violation of side yard setbacks; and d) negative impacts on light and air, and lack of storm water management.

Commissioner Thompson seconded the motion. The vote was 6-0-0 to support the motion.

A second motion was made by Chairman Gates to send a letter to DCRA requesting that all construction at 4641 Dexter be halted until the file at DCRA can be reconstructed to determine whether or not there have been approvals for the work that is being done.  The sole permit in the window refers to a kitchen renovation but substantially more than that is underway including the construction of a free standing two car garage in the rear yard.   Commissioner Mullane seconded the motion to direct a letter on behalf of the Commission to DCRA requesting a Stop Work Order (SWO). The SWO should remain in place until the building plans and other DCRA file items are located and the house and plans have been found to be lawful.

Application of Douglas and R.J. Mason for a Special Exception to allow an accessory apartment in an existing single family dwelling at 2826 Arizona Avenue, NW.

This property is located within Commissioner Thompson’s district.

Mr. and Mrs. Douglas Mason were represented by attorney Garland Stillwell of Holland and Knight who presented the application for a special exception. The Masons’ architect, Ron Lipford of Arel Architects, was also present.

Mr. Stillwell and Mr. Lipford addressed Commission concerns about whether the lower level of their home was indeed a basement, and therefore habitable under DC Code, or a cellar.

Mr. Stillwell said this home is the Masons’ primary residence, and that while the basement may have been rented by a prior owner it has never been rented by the Masons. He said the shed structure within the rear yard has no utilities, is not habitable and is being used by the Masons for storage.

Chairman Gates asked about a pre-existing Certificate of Occupancy. Mr. Stillwell explained that the Masons sought to add a rental unit to their home when they bought the house in 2002 but had been mis-instructed by DCRA officials and had to begin the process over again, eventually leading to the current application. Commissioner Heuer clarified that no new construction is proposed. George Watson of the ANC 3D Zoning Committee said he had visited the home with other members of the committee and approved of the application.

Commissioner Thompson noted the home is on a wide street with plenty of public parking, that there will be no impacts from storm water, for example, or tree removal as no additional construction is anticipated. There was discussion of relative need and of the duration of a special exception that runs with the land, not the owner. Mr. Stillwell suggested the Commission might want to impose a time limit on the duration of the special exception. Commissioner Heuer proposed five-year duration.

Commissioner Thompson suggested the necessity for DCRA review of the proposal and their determination of whether or not the space is a basement or a cellar.

Commissioner Thompson moved approval of the application for a period of five years, and a condition that DCRA make a formal determination on the question of cellar versus basement and habitability. Chairman Gates seconded the motion and the vote was 5-1-0 with Commissioner Haas opposing.

Request for Two Driveway Cuts at 2213-2215 King Place

This property is located within Commissioner Heuer’s district.

The double lot at 2213-2215 King Place has been subdivided and the original house razed. The architect/developer for the two new lots is Hanlon Construction. Hanlon principle Chryssa Wolfe described the project and said construction is just getting underway and will require two new curb cuts.  The existing curb cut from the original house will be moved to accommodate the location of one of the two new houses.

Mr. and Mrs. Peter Stark, who live across the street from the property, said they were concerned about the storm water run-off. In addition, the street was completely recently and new curb and gutter was installed.  They want to make sure the street is restored to its pre-construction condition and noted that if drains and gutters are not properly restored they are worried that storm water will impact their property.

Ms. Wolfe said the company is required to post a bond, which dollar amount can be used by the city for any restoration work on the street. Commissioners discussed which city agency or official would determine that restoration work is necessary, and the need to document a baseline or starting conditions in any approval to avoid dispute later on about impacts.

Commissioner Heuer moved to approve the application with two additional points to be addressed in the Commission’s letter: that the street must be restored to pre-construction condition, including restoration of the original curb cut, and that storm water treatment is adequate to ensure there are no impacts to neighboring parties. 

Commissioner Mullane seconded the motion. The vote was 5-0-1. Commissioner Wells abstained, saying she did not yet understand enough about this case or these kinds of cases to enter a vote.

Request for a circular driveway at 4840 Dexter Street

This property is located within Commissioner Mullane’s district.

The owner of this property (Ally Banks) said she and her husband weren’t notified until a few hours before the meeting that her application would be considered. Commissioner Mullane recommended putting off consideration of the case until the Commission’s September 6^th meeting so the owner has time to contact neighbors and make other preparations.

Commissioners agreed to take the case up again in September.

Presentation by Jackie Stanley of the Department of Parks and Recreation (DPR) on Baltimore House and the District’s plan to transfer jurisdiction of the house back to the National Park Service.

Ms. Stanley said she had been asked to give an update on plans for the house, which is located at 5136 Sherier Place at the entrance to Palisades Park and the Palisades Recreation Center.

She said the Section 106 process had clarified that the property is owned by the National Park Service; and that the Section 106 Process, which began a year and a half ago, had to be put on hold because DPR doesn’t own the property. She said an MOU is being developed by the National Park Service that will transfer ownership of the house to DPR or the DC Office of Property Management, so it can be razed or removed from the property.

Chairman Gates pointed out that at the first Section 106 session, Sally Blumenthal of NPS had stated NPS had transferred responsibility for the Section 106 Process to DPR and that NPS would keep informed of the progress of the Section 106 process.

Commissioner Wells asked the cost to remove the house from the site.  Ms. Stanley did not know. She said she has no clear timeframe for the MOU and that the person who was handling the Section 106 for DPR is on maternity leave. Commissioners expressed concern that if the house is removed the land will be used for additional parking. Ms. Stanley said there are no plans to use the land for parking.

Ms. Stanley stated that once the MOU is complete, DPR will return to the ANC for community input. At that time DPR will present options for using the land. A question was raised concerning the parties to the MOU. The parties will include, DPR and or the Office of Property Management, the National Park Service and the State Historic Preservation Office.

Commissioners inquired about the MOU and the ability of the community to offer input once the MOU is signed.  Ms. Stanley repeated that there would be an opportunity for community and Commission input once the MOU is signed.

Concerning construction of the playing fields, Ms. Stanley stated that a contract has been let to Affiliated Construction Group. Ms. Stanley said she was advised that DCRA will issue all permits by Friday, July 14 and that construction will begin August 1.

Presentation by Mary Rowse on the Jesse Baltimore House

Ms. Rowse, president of Historic Washington Architecture, reviewed what she had learned in the course of preparing a nomination for historic designation for the Baltimore House. She presented a book containing letters signed by 1,300 individuals in support of keeping the house. Ms. Rowse pointed out that 1,000 of the letters belong to residents of the Commission area.

She urged the Commission to adopt a resolution to save the house in place and transfer jurisdiction back to the National Park Service so it can be sold by NPS to an individual with preservation easements.  She asked that the Commission also work with Councilmember Eleanor Holmes Norton to have all proceeds from the sale of the house returned to the District and preferably the Palisades community.

Palisades Citizens Association president Spence Spencer thanked Ms. Stanley and DPR for “getting their act together.” He said that PCA recommended the house be razed in a vote taken in February 2003. Mark Binsted of the Palisades Park Recreation Center Advisory Board spoke in favor of removing the house and against selling land owned by NPS. He said the neighborhood has been kept waiting for decades to get access to this land.

Others spoke in favor of keeping the house, including Andrew Mollison who lives in a Sears house on Potomac Avenue, and Loretta Schaeffer Guarda. Alan Aiches, Palisades resident and former member of the ANC Zoning Committee, pointed to an analysis by Traceries, a consulting firm hired by DPR to determine historic designation eligibility for the house, concluded the house is a contributing element to a potential historic district.

Commissioner Wells said she was struck by the sense of time in this matter. On the one hand, she acknowledged the plan of 50 years ago and she stated that the neighborhood has waited far too long for the issue to be resolved. However, she believes that the Commission must make its decision in the current timeframe. Based on contemporary conditions, preservation of the house would contribute significantly to history and to the appearance of the neighborhood. On that basis, the house should be preserved and restored.

Chairman Gates offered a lengthy resolution which she read, and moved that it be adopted by the Commission. Commissioner Thompson seconded.

Commissioner Mullane said he believed the outcome for the house should be determined by a political process.  Chairman Gates said she had participated in the Section 106 Process and had found it was not useful and did not reach a conclusion.  The process has now been taken out of the community’s hands.  She said she has been asked many times what the ANC’s position is on the house, and that the resolution constitutes a weighing in on the process by informing those who are writing the MOU.

Commissioner Ann Haas offered a statement regarding the demolition of "landmark" properties.  She mentioned the demolition of an ante-bellum clapboard house owned by generations of a single family on Clark Place in the Palisades.  All houses on the "river" side of Clark Place were torn down in anticipation of a major highway project that didn't come to fruition.  While green space is valuable, demolishing a house that helps define the character and history of a neighborhood is not the way to create it. Thus she supports saving the Jesse Baltimore House.

A vote was taken with a 5-1-0 outcome. Commissioner Mullane opposed.

Consideration of support for a rapid response, walk-in medical clinic facility under the name and management of Minute Clinic at CVS Pharmacy at 4959 MacArthur Boulevard, NW.

Mr. Nick McConnell of Jackson & Campbell presented on behalf of his client James A. d’Orta, MD (Minute Clinic).  Mr. McConnell informed the Commission that a Certificate of Need application has been filed with the State Health Planning and Development Agency (SHPDA). 

The clinic will be located in the MacArthur CVS store located at 4859 MacArthur Boulevard.  At the present time, there are 81 clinics in operation across the country.  Patient satisfaction is at 99 percent.  Licensed nurse practitioners will staff the clinics and are able to write prescriptions and refer patients to a network of physicians if the nurse practitioner feels the next level of care is needed. 

Dr. d’Orta is the owner of the Minute Clinic franchise in Washington DC and must obtain a Certificate of Need to operate the clinic which would be open seven days a week, 8am-8pm Mon-Friday and 10am-4pm on Saturdays and Sundays.  The clinic would be located inside the CVS in an area where there would be privacy.  Mr. McConnell was not aware of where the clinic will be located or where patients will wait.

Commissioners had questions regarding privacy and how the clinic will ensure the health and safety of store personnel and clients in the case of an epidemic like bird flu or an influenza outbreak could infect other people in the store ill as well.

Commissioner Wells asked that the Minute Clinic respond to the recently announced DC health initiative to test all DC residents for AIDS by adding low cost AIDS testing to the testing services provided by the Clinic. Mr. McConnell said that they would consider the addition of the testing.

Comments were made that Doctors’ offices do not provide patients with a germ-free atmosphere.

Mr. McConnell was asked to check with CVS to ensure it will have adequate parking for patients as it is often filled with cars that do not belong to CVS patrons.  He said he would look into this.

Commissioner Heuer offered a motion to support writing a letter of support for the certificate of need.  Commissioner Mullane seconded the motion and it passed 6-0-0.

COMMISSION BUSINESS

The minutes from the June 7 meeting were presented and approved. 6-0-0

The third quarter financial report was presented and approved 6-0-0.

The treasurer’s report was given.  There is presently a balance of $19.958.36 in the bank of America checking account.

There being no further business, the meeting adjourned at 11:12 PM.  The next meeting of the Commission will be September 6.

Respectfully submitted,

Rachel W. Thompson

Secretary