July 2015 Minutes

Advisory Neighborhood Commission 6E

Public Meeting

Tuesday, July 7, 2015

Advisory Neighborhood Commission 6E convened at the Watha T. Daniel/Shaw Neighborhood Library, 1630 7^th Street, N.W., Washington, DC, on Tuesday, July 7, 2015 at 6:30 p.m.

Present:

Marge Maceda, Chair, ANC 6E05

Alexander M. Padro, Vice Chair, ANC 6E01

Kevin L. Chapple, Treasurer, ANC 6E02 (arrived at 6:39 p.m.)

Rachelle P. Nigro, ANC 6E04

Frank S. Wiggins, ANC 6E03

Alfreda S. Judd, ANC 6E07

Absent:

Antonio D. Barnes, Secretary, ANC 6E06

1. CALL TO ORDER AND ROLL CALL

   Chair Maceda called the meeting to order 6:34 p.m. The roll was called and the presence of a quorum was noted.

2. APPROVAL OF AGENDA

   MOTION: Commissioner Padro moved and Commissioner Nigro seconded that the Agenda be approved as submitted. The Motion passed unanimously, 5 yeas (Commissioners Padro, Nigro, Maceda, Wiggins, and Judd) – 0 nays – 0 abstentions.  [Commissioner Chapple had not yet arrived].

• APPROVAL OF ANC 6E MINUTES

  MOTION: Commissioner Padro moved and Commissioner Nigro seconded that the Minutes of the ANC 6E Public Meeting of June 2, 2015 be approved with corrections.to be submitted to the Secretary.  The Motion passed unanimously, 5 yeas (Commissioners Padro, Wiggins, Maceda, Nigro, and Judd) – 0 nays – 0 abstentions.   [Commissioner Chapple had not yet arrived.]

1. PSA REPORTS: METROPOLITAN POLICE DEPARTMENT 1D AND 3D/INTRODUCTON 5D COMMANDER

Crime statistics for the indicated periods are as follows:

Intro 5D Commander:  Commissioner Nigro introduced Commander William Fitzgerald of 5D.  She reported that 5D has two blocks where crime is active.  Commander Fitzgerald stated that there has been some concern around Dunbar High School where two robberies have taken place.  Officers were sent to that area to patrol from 9:00 p.m. to 2:00 a.m. to curtail the crime.  A police bicycle unit has also been instituted.  Commander Fitzgerald asked residents to call 911 if they see any suspicious activity.  Commissioner Nigro stated that Kirby is a problem street for the area where people have been seen relieving themselves.  People have also been seen camping in a front yard of a business overnight.  Commander Fitzgerald provided his contact information: email: William.Fitzgerald@dc.gov; cell phone:  202-270-2315.

Lt. Brian Murphy of 1D (PSA 103) reported on crime for the past 30 days as follows:  Violent Crime has increased 23%; Property Crime decreased 20%; there was an overall reduction in crime of 14%.  There were two robberies, one at 45 K Street, NW and the other at 83 K Street, NW.

Officer Berlin 3D (PSA 308) reported on crime for the last 30 days as follows: one (1) Homicide on 6/18/15 at 1315 5^th Street, NW; four (4) robberies at 700 R Street, NW, 1411 5^th Street, NW, 1200 5^th Street, NW, 714 Rhode Island Avenue, NW), many were cell phones; there was an assault with a deadly weapon at 1330 7^th Street, NW; four (4) burglaries; spurts of thefts from auto, mostly on Marion Street, NW.

42. parcel 42 – dmped – anna shapiro

    Anna Shapiro, Project Manager, Office of the Deputy Mayor for Planning and Economic Development (DMPED), provided an update on Parcel 42. DMPED hosted a public workshop on June 13, 2015 and received great feedback on the RFP.  They also have an on-line engagement form for the public to provide input to the RFP:  mindmixer.com.  DMPED will be hosting a follow-up meeting on July 28, 2015 from 6:30 to 8:30 p.m. at the Watha T. Daniel/Shaw Neighborhood Library.

43. DDOT: 1001 6^th street, nw:  request for SUPPORT TO MAKE CURB CHANGES, REMOVE TREES, AND PUT ENTRANCE FOR PARKING IN MIDDLE OF 5^TH STREET, NW (Guy Steuart, Steuart Investments)
    
    This matter was considered at the June 2, 2015 ANC 6E Public Meeting.  At that time, ANC 6E had voted not to support the applicant’s request because they did not do a traffic study and did not have an arborist report.

    Peter Otteni, Vice President, Boston Properties, spoke regarding the request for zoning relief of 1001 6^th Street, NW.   Zoning requires that 50% of the ground floor is retail space and that office space be on floors 2 to 11.  Shalom Baranes Associates is the architect.  They are in the process of seeking a tenant.  Construction will not start until a tenant is found.  Once this process has been finalized, development will start in 12 months with completion in 36 months.  ANC 6E’s Zoning Committee met and its biggest objection was the parking entrance and exit that would be directly across from Ace Hardware on 5^th  After further discussion, it was learned that this would be a right turn only at rush hour which was acceptable to the committee.  Some of the existing trees on the lot will be saved.  Commissioner Maceda advised a community benefit package would be donated to Mount Vernon Square or Mount Vernon CID.

    MOTION:  Commissioner Maceda moved and Commissioner Nigro seconded that ANC 6E support the Public Space Application submitted by 1001 6^th Street, NW contingent upon the items to be finalized and that said support be communicated in writing to the Public Space Committee and the Director of DDOT.  The Motion passed unanimously, 6 yeas (Commissioners Padro, Wiggins, Chapple, Maceda, Nigro, and Judd) – 0 nays – 0 abstentions.

• 446-452 RIDGE ROAD, NW: REQUEST FOR ZONING RELIEF

  Architect Nooni Reatig spoke regarding the request for support of 446-452 Ridge Road, NW for unrestricted parking relief for the construction of four new townhouses on Ridge Street, NW.  The site consists of four separate R-4 lots that allow matter-of-right construction of flats (two units per lot).  They are proposing four flats, matter-of-right.  Per the off-street parking requirements for R-4 zones, the DC Zoning Regulation requires one parking space for each lot (four total) to be provided.  Since these lots do not have alley access and are landlocked, it is impossible to abide by this requirement.  The only way to provide parking is with four curb cuts on the street, which will eliminate four parking spaces from the street; however, Historic Preservation guidelines prohibit this solution.  If future residents do not have the option to park on their street, the project becomes non-fundable and unbuildable.  A bank will not provide a loan for low-density housing that does not have an option for parking, as it is too large a risk.  They applied to the BZA for parking relief.  A parking occupancy study was conducted which found that there is sufficient parking in the area surrounding the site to support parking relief with no restrictions.

  The ANC Zoning Committee met last Thursday and voted to support the project unanimously.

  MOTION:  Commissioner Nigro moved and Commissioner Chapple seconded that ANC 6E not support the request for parking relief with no restrictions.  The Motion failed by a vote of 2 yeas (Commissioners Nigro and Chapple) – 4 nays (Commissioners Maceda, Padro, Judd, Wiggins) – 0 abstentions.  

  MOTION:  Commissioner Padro moved and Commissioner Wiggins seconded that ANC 6E support the BZA application of 446-452 Ridge Road, NW for parking relief with no restrictions and that said support be communicated in writing to the Board of Zoning Adjustment (BZA).  The Motion passed 4 yeas (Commissioners Padro, Wiggins, Maceda, and Judd) – 2 nays (Commissioners Nigro and Chapple) – 0 abstentions.  

• TREASURER’S REPORT

  Commissioner Chapple reported that the balance in the checking account is $60,808.55.

  MOTION:  Commissioner Chapple moved and Commissioner Padro seconded that the Treasurer’s Report be approved.  The Motion passed unanimously, 6 yeas (Commissioners Padro, Wiggins, Maceda, Nigro, Chapple, and Judd) – 0 nays – 0 abstentions.

1. QUARTERLY REPORT

   MOTION: Commissioner Chapple moved and Commissioner Padro seconded that the 2^ND Quarterly Report be approved as submitted.  The Motion passed unanimously, 6 yeas (Commissioners Chapple, Padro, Wiggins, Maceda, Nigro, and Judd) – 0 nays – 0 abstentions.

2. APPROVAL OF EXPENSES

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 July 7, 2015 Public Meeting be approved.  The Motion passed unanimously, 6 yeas (Commissioners Chapple, Padro, Maceda, Wiggins, Nigro, and Judd) – 0 nays – 0 abstentions.

1. OLD BUSINESS

• NEW BUSINESS

• next meeting

  Tuesday, September 1, 2015, Watha T. Daniel/Shaw Neighborhood Library, 1630 7^th Street, NW, 6:30 p.m.

• ANNOUNCEMENTS
  1. Andrea Adleman stated that the Double Grand Opening of Bicycle Space will be held July 10-12 at 2424 18^th Street, NW in Adams Morgan and Downtown at 440 K Street, NW.
  2. Frank Maduro (maduro@dc.gov; 202-538-0313), the Ward 6 Liaison to the Mayor’s Office of Community Relations and Services, stated: (1) there will be community walkthrough of agencies on July 21, 2015 at 3:30 p.m. at the Shaw Neighborhood Library and DOH, DCRA, DPW and DDOT will be represented; (2) there will be a Community Job Fair at Kennedy Recreation Center on July 23, 2015 from 10:00 a.m. to 2:00 p.m. with the Mobile Career Center bus on site.  This event will be followed by another Job Fair in September.

  3. A resident asked about the status of opening O Street. He was advised that the track was finished, but they are waiting for the signage to arrive.

2013. dacha beer garden, 1600 7^th street, nw: abra application

      Nina Liggett, General Manager of Dacha Beer Garden, spoke in support of Dacha Beer Garden’s ABRA application for a class change from Class “D” to Class “C” Tavern, addition of an Entertainment Endorsement, expansion of the premises to include an interior three story restaurant and second floor terrace.  The combined occupancy load of the interior restaurant, second floor terrace, and previously approved beer garden shall not exceed 600 people.  She stated the biggest point of contention will be the increased noise from the increased occupancy, if approved.  Additionally, she provided written documentation of Dacha’s compliance with the terms of the Settlement Agreement signed with ANC 6E in June 2013.

      ANC 6E commissioners pointed out that noise has been a recent continuing concern and cited eight (8) cases where Dacha was over capacity in violation of the Settlement Agreement’s provision that “the establishment’s maximum seated capacity shall be 100 persons, including staff.”

      Dacha’s written documentation asserted it has spent $30,000 on sound abatement and were able to significantly reduce human voice levels season over season despite the fact that the number of people in the garden has increased and they have had no citations for noise.  Dacha believes the citations are unfounded; there will be hearings regarding these citations and Dacha will show the Board why and how these citations are erroneous.   Dacha asserted that the noise is coming from the Uptown Restaurant Bar and Lounge which plays loud music via amplified speakers and often leaves the second floor door open, allowing loud music to spill into the alley directly behind Mr. Peters’ house.

      Chair Maceda called upon residents to voice their comments and limited residents to two minutes each.

Sarah Fashbaugh, Community Resource Officer for ABRA, outlined the Show Cause Hearing process and the hearing dates.

Commissioner Padro reiterated that the Settlement Agreement stated that there would be no more than 100 seats in the beer garden and that the noise from the over capacity issues have gotten out of hand.

MOTION:  Commissioner Padro moved and Commissioner Wiggins seconded that ANC 6E protest  Dacha Beer Garden’s ABRA application (class change from Class “D” to Class “C” Tavern, addition of an Entertainment Endorsement, expansion of the premises to include an interior three story restaurant and second floor terrace for a combined occupancy load of 600) on the basis of peace, order, and quiet, negative impacts on real estate and parking, and that said protest be communicated in writing to the ABC Board and ABRA.  The Motion passed 3 yeas (Commissioners Padro, Wiggins, Chapple) – 2 nays (Commissioners Nigro and Maceda) – 1 abstention (Commissioner Judd).   

• ADJOURNMENT

  MOTION:   There being no further business to come before the Commission, Commissioner Maceda moved and Commissioner Nigro seconded that the meeting be adjourned.  The Motion passed unanimously, 6 yeas (Commissioners Padro, Maceda, Wiggins, Nigro, Chapple, and Judd) – 0 nays – 0 abstentions.   The meeting adjourned at 8:56 p.m.