February Minutes 2016

Advisory Neighborhood Commission 6E

Public Meeting

Tuesday, February 2, 2016

Advisory Neighborhood Commission 6E convened at the Northwest One Library, 155 L Street, N.W., Washington, DC, on Tuesday, February 2, 2016 at 6:00 p.m.

Present:

Marge Maceda, Chair, ANC 6E05

Alexander M. Padro, Vice Chair, ANC 6E01

Antonio D. Barnes, Secretary, ANC 6E06

Kevin L. Chapple, Treasurer, ANC 6E02

Rachelle P. Nigro, ANC 6E04

Frank S. Wiggins, ANC 6E03

Alfreda S. Judd, ANC 6E07

1. CALL TO ORDER AND ROLL CALL

   The meeting was called to order 6:00 p.m. The roll was called and the presence of a quorum was noted.

1. APPROVAL OF AGENDA

   MOTION: Commissioner Wiggins moved and Commissioner Nigro seconded that the Agenda be approved as amended. The Motion passed unanimously, 7 yeas (Commissioners Nigro, Padro, Maceda, Chapple, Wiggins, Barnes, and Judd) – 0 nays – 0 abstentions.

• APPROVAL OF MINUTES

  MOTION: Commissioner Maceda moved and Commissioner Wiggins seconded that the Minutes of the ANC 6E Public Meeting of January 5, 2016 be approved with corrections to be submitted to the Secretary. The Motion passed unanimously, 7 yeas (Commissioners Nigro, Padro, Maceda, Chapple, Wiggins, Barnes, and Judd) – 0 nays – 0 abstentions.

1. PSA REPORTS: METROPOLITAN POLICE DEPARTMENT 1D AND 3D

Crime statistics for the indicated periods are as follows:

Sgt. D Poe of 3D (PSA 308) introduced Commander Stuart Emerman, the new Third District Commander.  Commander Emerman provided some background information on himself and stated that his priorities are community partnerships and keeping the lines of communication open.

Sgt. Poe provided the following crime statistics for the past 30 days:  two burglaries, 20 thefts and two homicides that are now closed.

Commissioner Nigro advised Sgt. Poe that a new Homewood Suites hotel will be opening soon at 465 New York Avenue, NW.

Officer F. J. Martello of 1D (PSA 103) – reported on crime for the past 30 days compared to the same period last year:  Homicides:  2015:  0; 2016:  0; ADW:  2015:  5; 2016:  3; Robberies:  2015:  3:  2016:  7; Overall Violent Crime down 18% and Property Crime down 23%.

1. douglas klein – cis presentation
   
   Commissioner Padro introduced Douglas Klein, Assistant United States Attorney, United States Attorney’s Office, Washington, DC, who reviewed the crime prosecution process. He stated that when an individual is arrested, it is the judge who decides if they should be held in jail or not.  He referred to §23-1322 of the DC Code – Detention Prior to Trial – and described the following types of detentions:

   (1)  Subjective Hold:  If an individual is arrested and there is a pending case, that individual can be held pending trial;
   (2)  A/B Hold:  If an individual is arrested and they have a pending sentencing case, the district attorney can ask that that individual be held;
   (3)  A/C Hold:  If the individual is on probation or on parole, the judge can grant or deny the hold;
   (4) B/A Hold (Mandatory):  This is for cases of violent crime; it is automatic for an individual who has committed a violent crime; they can be held for three (3) days and another 100 days to try them; a majority of homicides are held in jail with up to nine months to indict;
   (5) Heightened Supervision:  If an individual is released, the judge can put that person on heightened supervision and which may involve placing a GPS ankle device on the individual;
   (6)  Personal Recognizance:  The individual is on their own, but may have to undergo drug testing;
   (7)  Flight Risk:  If the individual charged is deemed to be a flight risk, the judge can have that individual held.

   Klein stated that Community Impact Statements are very important prior to sentencing hearings.  He thanked the ANC and Martin Moulton for the latest Community Impact Statement and noted that the person is being sentenced next week.

   Mr. Klein provided the following contact information:  phone:  202-660-2159; email:  douglas.klein@usdoj.gov

2. frank maduro – mayor’s office
   
   Frank Maduro of the Mayor’s Office of Community Relations and Services made the following announcements:
   1. The Ward 6 Democrats Community Meeting will be held February 3, 2016 at 7:30 p.m. at the Friendship Public Charter School, 1345 Potomac Avenue, SE. The Mayor will be speaking on affordable housing, homeless services and crime prevention and enforcement.
   2. He (Frank Maduro) will be relinquishing his responsibilities to Edward Doxen, the new Ward 6 liaison to the Mayor’s Office, email: doxen@dc.gov

• public space application – starbucks – 815 O street, nw

  Joe Spinelli of Starbucks stated they are proposing an unenclosed café with no umbrellas and no railings, just loose tables and chairs. There are 30 seats inside the space.  They are proposing 12 seats in front of the space and one chair will be handicapped.

  MOTION: Commissioner Padro moved and Commissioner Maceda seconded that ANC 6E support the Public Space Application of Starbucks, 815 O Street, NW, for an unenclosed café and that said support be communicated in writing to the Public Space Committee of the District Department of Transportation (DDOT).   The Motion passed unanimously, 7 yeas (Commissioners Nigro, Padro, Maceda, Chapple, Wiggins, Barnes, and Judd) – 0 nays – 0 abstentions.

• abra: homewood suites convention center, 465 new york avenue, nw – request for support for retail class “C” tavern license

  Matthew Minora of Mallios & O’Brien spoke regarding the applicant’s request for support for a Retail Class “C” Tavern License.  Hours of operation are Sunday through Saturday (24 hours); Hours of Alcoholic Beverage Sales, Service, Consumption are Sunday through Saturday, 4:00 p.m. to 9:00 p.m.  The hotel has 197 rooms and the opening date is April 20, 2016.  There will be 88 guest- only parking spots.  Commissioner Padro stated the ABC Licensing Committee met last Thursday and recommended approval.

  MOTION: Commissioner Nigro moved and Commissioner Barnes seconded that ANC 6E support the request for support of Homewood Suites Convention Center, 465 New York Avenue, NW, for a Retail Class “C Tavern License and that said support be communicated in writing to the ABC Board and ABRA.  The Motion passed unanimously, 7 yeas (Commissioners Nigro, Padro, Maceda, Chapple, Wiggins, Barnes, and Judd) – 0 nays – 0 abstentions.

1. ZONING: 919 r street, nw (addition to contributing structure) u street historic district

   Ron Schneck, Square 134 Architects, stated he is representing Lock 7 Development regarding the renovation and addition at 919 R Street, NW.  They met with the ANC Development and Zoning Committee last Thursday and the French Street Neighborhood Association (FSNA) last night and there were no major concerns.  They have letters of support from 921 and 917 R Street.  The addition cannot be seen from the street. The interior renovation consists of a single family home being converted into two condos.  They are asking for support to go to HPRB the end of the month.  Commissioner Padro stated that FSNA would like to make sure that the flag test was reviewed.

   MOTION: Commissioner Padro moved and Commissioner Chapple seconded that ANC 6E support the project for an addition at 919 R Street, NW and that said support be communicated in writing to the HPRB and that the HPRB be urged to forward the flag test information to the Board of Zoning Adjustment (BZA) and confirm that the addition is not visible from the street.   The Motion passed unanimously, 7 yeas (Commissioners Nigro, Padro, Maceda, Chapple, Wiggins, Barnes and Judd) – 0 nays – 0

2. ZONING: 1525 9^th street, NW – speCIal exemption from ground floor retail

   Joseph Gaon of Holland and Knight stated that the property at 1525 9^th Street, NW has been vacant for a year and that the first floor was used as an office.  The applicant is asking for a special exception from the nonconforming use requirements on the first floor to permit a change in use.  The applicant met with the ANC Development and Zoning Committee last Thursday and the committee voted to support the request, subject to certain conditions.  The applicant submitted a letter to Commissioner Padro agreeing to the conditions:  restrictions on hours of operation (no business after 10:30 p.m., Sunday through Thursday, and after 11:00 p.m. on Friday and Saturday), the tenants would not have an opportunity to request an entertainment endorsement, soundproofing measures need to be taken, daily trash removal, deliveries restricted to between 9:00 a.m. to 9:00 p.m. and no trash pickup during these hours.  Jason Brown (resident at 1523 9^th Street, NW) stated he still has concerns about sound transferal and vermin transferal if the space was expanded to retail use.  Gaon responded that the applicant is applying for a range of uses.  Commissioner Padro stated that while he is sensitive to the concerns of the next door neighbor, the character of the block is changing.

   MOTION: Commissioner Padro moved and Commissioner Nigro seconded that ANC 6E support the application for relief of 1525 9^th Street, NW to allow retail non-office use of the ground floor with the stipulations agreed to in the letter from the owner of 1525 9^th Street, NW, and that said support be communicated in writing to the Board of Zoning Adjustment (BZA).  The Motion passed 5 yeas (Commissioners Nigro, Padro, Maceda, Chapple, and Judd) – 2 nays (Commissioners Wiggins and Barnes) – 0 abstentions.

3. zoning: 1512 6^th street, nw – variance

   Travis Price, Travis Price Architects, spoke on behalf of Rob Carter, the applicant, who is renovating an existing four-unit apartment house at 1512 6^th Street, NW.  He is requesting variances from the side yard requirements and the nonconforming structure requirements.  Two neighbors have submitted letters of support.  The applicant appeared before the ANC Development and Zoning Committee last Thursday.

   MOTION: Commissioner Chapple moved and Commissioner Padro seconded that ANC 6E support the applicant’s request for variance relief at 1512 6^th Street, NW and that said support be communicated in writing to the Board of Zoning Adjustment (BZA).  The Motion passed unanimously, 7 yeas (Commissioners Nigro, Padro, Maceda, Chapple, Wiggins, Barnes, and Judd) – 0 nays – 0

• ZONING: 1212-1218 4^th street, nw

  Ajoke Agboola, Griffin, Murphy, Moldenhauer, & Wiggins, LLP, spoke on behalf of the applicant who is seeking variance relief from the lot area requirements, the lot occupancy requirements, and a special exception from the nonconforming use requirements to allow the expansion of existing residential buildings and conversion of an office use to a neighborhood retail or service establishment. They have addressed neighbors’ concerns.  They have reduced the number of units from 26 to 22, with 31 parking spaces and neighborhood retail space.  They are proposing a full level of below grade parking and agreed to an RPP Permit restriction.  They presented to the ANC Development and Zoning Committee last week and they supported the project.  Commissioner Nigro stated that the ANC would like to have the Letter of Intent prior to voting.

  MOTION:  Commissioner Nigro moved and Commissioner Padro seconded that ANC 6E table the vote of 1212-1218 4^th Street, NW until its March 1, 2016 Public Meeting.  The Motion passed unanimously, 7 yeas (Commissioners Padro, Maceda, Chapple, Wiggins, Barnes, Nigro, and Judd) – 0 nays – 0 abstentions.

• treasurer’s report

  Commissioner Chapple reported that as of January 1, 2016, the balance in the checking account is $62,789.54.

• approval of expenses
  125. MOTION: Commissioner Chapple moved and Commissioner Padro seconded that the invoice submitted by Karen Jehle in the amount of $125.00 for recording services for the ANC 6E February 2, 2016 Public Meeting be approved.  The Motion passed unanimously, 7 yeas (Commissioners Padro, Maceda, Chapple, Wiggins, Barnes, Nigro, and Judd) – 0 nays – 0 abstentions.

  126. MOTION: Commissioner Chapple moved and Commissioner Padro seconded that Commissioner Nigro be reimbursed in the amount of $497.00 for printing costs of the February 2016 Newsletter. The Motion passed unanimously, 7 yeas (Commissioners Padro, Maceda, Chapple, Wiggins, Barnes, Nigro, and Judd) – 0 nays – 0 abstentions.

1. OLD BUSINESS

• new business

• announcements
  1. Commissioner Padro announced that the District Department of Transportation will host a second public meeting for the Eastern Downtown Protected Bike Lanes Study at the Kipp DC Will Academy, 421 P Street, NW, on Saturday, February 6, 2016, from Noon to 4:00 p.m.
  2. Naomi Mitchell announced the following:
     1. Councilmember Charles Allen will be at Compass Coffee, 1535 7^th Street, NW, from 8:00 a.m. to 9:30 a.m. on this coming Friday, February 5, 2016.
     2. Councilmember Charles Allen’s initiative, “Books from Birth,” will be launched this week. She urged residents to reach out to families who have children to visit their local library and get signed up.
     3. All agencies must come before the Council and if residents have any concerns about a particular agency, they are welcome to come before the Council to express them.
     4. Regulations for security cameras for private homes and businesses have been enacted and will be released soon.
     5. There will be a Town Hall Meeting tomorrow night at the Friendship Charter School from 6:30 p.m. to 9:00 p.m. The focus will be on     homeless services and various agencies will be represented.

• next meeting

  Tuesday, March 1, 2016, Northwest One Library, 155 L Street, NW, 6:00 p.m.*    *Note:  All meetings will start at 6:00 p.m. rather than 6:30 p.m.

• ADJOURNMENT

  MOTION:   There being no further business to come before the Commission, Commissioner Maceda moved and Commissioner Wiggins seconded that the meeting be adjourned.  The Motion passed unanimously, 7 yeas (Commissioners Padro, Maceda, Chapple, Wiggins, Barnes, Nigro, and Judd) – 0 nays – 0 abstentions.   The meeting was adjourned at 8:05 p.m.