Advisory Neighborhood Commission 6E
Tuesday, July 7, 2015
Advisory Neighborhood Commission 6E convened at the Watha T. Daniel/Shaw Neighborhood Library, 1630 7th Street, N.W., Washington, DC, on Tuesday, July 7, 2015 at 6:30 p.m.
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
Antonio D. Barnes, Secretary, ANC 6E06
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].
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.]
Crime statistics for the indicated periods are as follows:
|Offense||1D (PSA 103)||3D (PSA 308)|
|6/6/2014 to 7/6/2014||6/6/2015 to 7/6/2015||6/6/2014 to 7/6/2014||6/6/2015 to 7/6/2015|
|Robbery Excluding Gun||27||38||29||49|
|Robbery with Gun||7||8||8||4|
|Assault Dangerous Weapon Excluding Gun||22||13||18||16|
|Assault Dangerous Weapon With Gun||4||3||8||5|
|Violent Crimes Total||68||64||68||81|
|Theft from Auto||135||167||179||240|
|Property Crimes Total||551||495||482||505|
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 5th Street, NW; four (4) robberies at 700 R Street, NW, 1411 5th Street, NW, 1200 5th Street, NW, 714 Rhode Island Avenue, NW), many were cell phones; there was an assault with a deadly weapon at 1330 7th Street, NW; four (4) burglaries; spurts of thefts from auto, mostly on Marion Street, NW.
MOTION: Commissioner Maceda moved and Commissioner Nigro seconded that ANC 6E support the Public Space Application submitted by 1001 6th 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.
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.
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.
MOTION:Commissioner Chapple moved and Commissioner Padro seconded that the 2ND Quarterly Report be approved as submitted. The Motion passed unanimously, 6 yeas (Commissioners Chapple, Padro, Wiggins, Maceda, Nigro, and Judd) – 0 nays – 0 abstentions.
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.
Tuesday, September 1, 2015, Watha T. Daniel/Shaw Neighborhood Library, 1630 7th Street, NW, 6:30 p.m.
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.
|1||Ibrahim Mumin||631 Q Street, NW||Asked whether Dacha complied with the terms of the Settlement Agreement.
Response: No, they exceeded capacity eight times.
|2||Brian Peters||1609 8th Street, NW||Stated he lives four or five homes up from Dacha, has two small children, and the noise they hear is very loud. He urged the Commission to protest the application.
ABRA’s Sarah Fashbaugh stated that up to five (5) persons can protest the application.
|3||Jackie Hart||1548 8th Street, NW||Stated she is not opposed to the business, but that we all have to live here; the balance is uneven; the numbers have gotten out of hand, but until they get the addition built, this will be a problem.|
|4||.Nicole Shea||1605 5th Street, NW||She is in support of Dacha; they have done noise studies and have constructed a fence.|
|5||Steve McMaster||1613 Marion Street, NW||He supports Dacha; an increase in their occupancy seems to be essential; he feels that the neighborhood is safe now that Dacha is here.|
|6||Tom Foye||801 Q Street, NW||He supports Dacha; they have done a good job of fostering a sense of community.|
|7||Resident||1613 8th Street, NW||She is against the application and to have 600 people in the establishment is preposterous.|
|8||David Sickle||401 Massachusetts Avenue, NW||He supports Dacha; they are contributing to the vibrancy of the city and bring revenue to the city; they have instituted a sound wall; he supports their expanding to an all-around indoor operation;|
|9||Maggie Koziol||1615 Marion Street, NW||She was skeptical about the petition in the beginning, but Dacha has reached out to the community and there is a feeling of safety in the community.|
|10||Ms. Morgan||1610 8th Street, NW||Her concern is about parking and the number of people.|
|11||Katie Peters||1609 8th Street, NW||She is the wife of Brian Peters who spoke earlier; she wants a neighborhood that is safe for kids; she supports smart growth; more people will mean more noise; her children’s room is at the back of the house; she urges the ANC to protest the application.|
|12||John Harmon||1613 Marion Street. NW||He is very impressed with Dacha; while he is not a big drinker, Dacha has been proactive and taken sound proofing measures. He supports their application.|
|13||Nick Roberts||1603 8th Street, NW||He lives behind Dacha and feels that a compromise needs to be reached.|
|14||Chuck Fioratino||1611 Marion Street, NW||He supports Dacha; they worked diligently to improve the neighborhood; he urged the ANC to support the application.|
|15||Jim McMahon||439 Warner Street, NW||Supports Dacha; he congregates there with his closest friends.|
|16||Resident||1605 7th Street, NW||Supports Dacha; all the noise comes from Uptown;|
|17||John Sacco||625 Q Street, NW||He was skeptical at first, but they are very involved in the community and he supports their efforts.|
|18||Lauren Byer||1543 8th Street, NW||Her husband supported their original application; she questioned whether Dacha would adhere to the Settlement Agreement; she supports the current capacity of 100 and their interior expansion; she urged the ANC to not support the extra capacity;|
|19||J Williams||1612 5th Street, NW||He works from home and also brings his laptop to Dacha; he loves what they have done to the neighborhood; his wife is President of Bundy Dog Park;
|20||Resident||He supports Dacha; he feels the increased capacity would be great for the neighborhood;|
|21||Melanie McIntosh||1706 Rhode Island Avenue, NW||She supports Dacha, but her biggest concern is increased occupancy; she urged the ANC to protest the application.|
|22||Resident||712 Rhode Island Avenue, NW||The ANC has an agreement with Dacha and they need to correct the noise issues; he cannot support an expansion now.|
|23||Resident||6th & S Street, NW||Is the increased occupancy going to be indoors?|
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).