November 2014 Minutes

Advisory Neighborhood Commission 6E

Public Meeting

Thursday, November 6, 2014

Advisory Neighborhood Commission 6E convened at the Northwest One Library, 155 L Street, N.W., Washington, DC, on Thursday, November 6, 2014 at 6:30 p.m.   Chair Alexander Padro presided.

Present:

Alexander M. Padro, Chair, ANC 6E01

Rachelle P. Nigro, Vice Chair, ANC 6E04

Marge Maceda, Secretary, ANC 6E05

Kevin L. Chapple, Treasurer, ANC 6E02

Frank S. Wiggins, ANC 6E03

Alfreda S. Judd, ANC 6E07

Absent:

Alvin Judd, Sr., ANC 6E06

1. CALL TO ORDER AND ROLL CALL

   Chair Alexander Padro called the meeting to order at 6:36 p.m. The roll was called and the presence of a quorum was noted.

   Commissioner Padro offered his congratulations to his colleagues on the recent election.

   Chris Suggs, Site Manager, for the R. Terrell Recreation Center, stated that the Center is trying to look at more programs for adults, as right now emphasis is directed more towards children’s programs.

2. APPROVAL OF AGENDA

   MOTION: Commissioner Nigro moved and Commissioner Maceda seconded that the Agenda be approved as amended.  The Motion passed unanimously, 6 yeas – 0 nays – 0 abstentions.

• PSA REPORTS: METROPOLITAN POLICE DEPARTMENT
  
  Officer Douglas Berlin of 3D was present and responded to questions regarding the following:  (1) shooting at N Street, NW; the officer responded that this was a case of destruction of property and three shell casings were recovered; an individual is in custody; it appears an individual was targeted and this may be the result of a turf war; (2) shooting at 8^th & R Streets, NW; an individual was shot 8 or 9 times and is still alive; believed to be drug related; (3) incident at a market at 5^th & N Street, NW in which someone in the market was selling marijuana; Commissioner Nigro stated she is working with DCRA to shut the market down; (4) Commissioner Wiggins asked whether MPD has a program to educate the community about the new marijuana law that was just enacted.

  Officer Berlin stated the following:  (1) the only increase in crime has been an uptick in thefts from auto, particularly at Q & Marion Streets; (2) residents should always park their vehicles in well lit areas.

  Duncan Bedlion was present from 1D.  He reported that there had been an uptick in thefts from auto along the K Street corridor, but that this has decreased recently.  He responded to the following questions:  (1) Commissioner Maceda asked about people parking on the sidewalk at 4^th & K Street NW where there is an auto body shop.  She asked whether people allowed to park there if there is a curb cut.  She provided the officer with photos.  Lt. Bedlion responded he was not aware of this situation, but will follow up; Commissioner Maceda also stated that on Sunday evenings, a group parks their cars and trucks there while giving out food to the hungry.  Lt. Bedlion advised her to contact DPW; (2) Commissioner Judd asked about an incident in the 200 block of New York Avenue where a woman was robbed on her way to the subway station.  Lt. Bedlion responded that a suspect has been identified and  they are working on closing the case; (3) Commissioner Judd also asked about a robbery involving five men near Holy Redeemer Catholic Church; she asked where is the morning police patrol?  Lt. Bedlion responded that there is a two man team assigned to that area.  Lt. Bedlion can be reached at 202-299-3381

  Crime statistics for the indicated periods are as follows: 

1. 1400 block of 9^th street, nw, east side: request for support for modification of planned unit development for city market at o parcel (roadside development)

   Commissioner Padro stated that this matter was heard by ANC 6E back in July and that it had supported it.  However, it was determined by the BZA that this should be a regular modification, not a minor modification.  Lionel Lynch representing Roadside Development reported that there were no changes from what was introduced in July other than a minor change in that the elevator core was rotated and set back further.  Roadside Development is seeking a letter of support to present to the Zoning Commission.

   MOTION: Commissioner Padro moved and Commissioner Maceda seconded that ANC 6E support the modification to the Planned Unit Development at City Market at O and that said support be communicated in writing to the Zoning Commission of the District of Columbia.  The Motion passed unanimously, 6 yeas – 0 nays – 0 abstentions.

2. 1534 5^th street, nw: request for support for zoning relief from parking requirements for completion of construction of a semi-detached flat (portofino, llc)

   Commissioner Padro stated that this matter was heard by ANC 6E before and ANC 6E did not support Portofino’s request for a curb cut.  DDOT also rejected the curb cut.  The applicant is now seeking relief from BZA to waive the requirement for a single parking space. The applicant was present and requested the Commission’s support.

   MOTION: Commissioner Chapple moved and Commissioner Maceda seconded that ANC 6E support the request for zoning relief from parking requirements for completion of construction of a semi-detached flat at 1534 5^th Street, NW and that said support be communicated in writing to the Board of Zoning Adjustment (BZA).  The Motion passed unanimously, 6 yeas – 0 nays – 0 abstentions.

3. 448 ridge street, nw: request for support for historic preservation approval for construction of four new two-family residences (reatig architecture)

   Commissioner Padro stated that this project was heard before by ANC 6E at its October 7, 2014 Public Meeting and the Commission did not support the zoning relief requested from the parking relief required, four curb cuts.  Commissioner Nigro stated that Reatig Architecture was asked to appear at a community meeting to discuss this very large project so that more details could be obtained.  The community received no input from Reatig Architecture and no updated plans were received either.  Commissioner Nigro further stated ANC 6E received numerous emails from constituents about the lack of input and responses to community questions.

   Nooni Reatig and Reed Simonds were present representing Reatig Architecture. Ms. Reatig responded that ANC 6E was the only platform at which they were required to appear.  She stated Reatig Architecture has been working in the Shaw community for the past 25 years and their main goal is to design housing that will improve the quality of life.  They are asking for support for concept review for HPRB to build four townhouses and are seeking approval for the setbacks of the facades and materials (wood siding will be used and aluminum clad wood windows).

   MOTION: Commissioner Nigro moved and Commissioner Maceda seconded that ANC 6E request that HPRB postpone their hearing until the December HPRB meeting.  The Motion failed, 2 yeas (Commissioners Nigro and Maceda) – 4 nays (Commissioners Padro, Chapple, Wiggins, Judd) – 0 abstentions.

   MOTION: Commissioner Nigro moved that ANC 6E not support the application to HPRB for construction of four new two (2) family residences at 448 Ridge Street, NW.   The Motion failed for lack of a second.

   MOTION: Commissioner Padro moved and Commissioner Judd seconded that ANC 6E support Reatig Architecture’s request for Historic Preservation concept review approval for construction of four (4) new two-family residences at 448 Ridge Street, NW and that said support be communicated in writing to the Historic Preservation Review Board (HPRB).   The Motion passed, 4 yeas (Commissioners Padro, Judd, Chapple, Wiggins) – 2 nays (Commissioners Nigro and Maceda) – 0 abstentions.

• 1602 7^th street, nw: request for support for historic preservation approval for renovation and addition to historic building (dacha beer garden)

  Will Couch of Foundry Architects spoke on behalf of Dacha Beer Garden’s request for support for Historic Preservation approval for renovation and addition to the historic building at 1602 7^th Street, NW.  He stated that Dacha’s Dmitri Chekaldin and Ilya Alter have been in ongoing discussions with HPRB regarding approval of their application.  The plan will be to restore the 7^th Street façade, maintain the integrity of the structure, and not modify the profile of the building in any way.  The existing mural will be untouched.  There will be an outdoor bar area with hanging plants.  He stated HPRB felt the white brick proposed for the addition was too harsh and Dacha plans to use more earth tones.  Artist Anna U. Davis, whose work has been exhibited at Long View Gallery, will create a large African mural that spans the north interior wall of the second story space in the addition where a restaurant is planned. 

  A comment was made whether the design of the addition was appropriate to the existing historic building.  Commissioner Padro stated that the building is leased by the applicants, not owned.

  Katie Peters of the Central Shaw Neighborhood Association stated that the Association opposed the application because the design is inconsistent with the neighborhood and does not satisfy the agreement the Association had with Dacha, which is incorporated into the ANC’s agreement with Dacha.

  MOTION: Commissioner Padro moved and Commissioner Chapple seconded that ANC 6E not support the concept design for the addition to 1602 7^th Street, NW based on the following  considerations:  (1) ANC 6E has concerns about the present plans for the existing building; (2) the objective should be to have an addition in better keeping with the character of the buildings in the historic district; (3) that any structures on the lot at 1600 7^th Street, NW have as many of the characteristics previously approved by the HPRB as possible; (4) ANC 6E has concerns about the windows on the addition.   The Motion failed, 2 yeas (Commissioners Padro and Chapple) – 4 nays (Commissioners Wiggins, Nigro, Maceda, Judd) – 0 abstentions.

• 517 q street, nw: request for support for zoning relief for construction of new three unit residential building (simone goring and richard devaney)
  
  Leila Baties of Holland and Knight stated that her clients filed their application with BZA on October 28, 2014 to redevelop the site with a multi-apartment building that consists of three units.  This is a non-conforming site.  There is no alley to the rear.  The project will not have any off-street parking.  The applicant is seeking the following area variances:  (1) variance from the lot coverage requirements; (2) variance from the side yard requirements; (3) variance from the parking requirements; (4) special exception from the roof structure requirements.

  Commissioner Maceda advised that ANC 6E’s Planning & Zoning Committee reviewed and supported the applicant’s request for zoning relief.

  MOTION: Commissioner Chapple moved and Commissioner Padro seconded that ANC 6E support the request for zoning relief for construction of a new three unit residential building at 517 Q Street, NW and that said support be communicated in writing to the Board of Zoning Adjustment (BZA).  The Motion passed unanimously, 6 yeas – 0 nays – 0 abstentions.

1. 1811 wiltberger street, nw: request for support for construction of a third story addition to existing single family residence (david ruddy and bondurant eley)

   David Ruddy spoke on behalf of his request for support for zoning relief to allow construction of a third story addition to an existing single family residence at 1811 Wiltberger Street, NW.  He is seeking an area variance because his residence was built in the early 1900s.  It has 90.6% lot coverage, where a lot coverage of 60% is the maximum permitted under zoning regulations. He is proposing to

   redevelop the property with a third story addition above the existing two-story row dwelling, making use of the pre-existing stairs between the second floor and the roof, to add a second bedroom and another bathroom.  He has letters of support from his neighbors at 1807 and 1809 Wiltberger Street, NW.  It is anticipated the applicant will appear before BZA in January 2015.

   Commissioner Maceda advised that ANC 6E’s Planning & Zoning Committee reviewed and supported the applicant’s request for an area variance.

   MOTION: Commissioner Chapple moved and Commissioner Padro seconded that ANC 6E support the request for construction of a third story addition to an existing single family residence at 1811 Wiltberger Street and that said support be communicated in writing to the Board of Zoning Adjustment (BZA).  The Motion passed unanimously, 6 yeas – 0 nays – 0 abstentions.

2. 1330 5^th street, nw: request for support for zoning relief to construct addition (justin and peggy kitsch)

   Justin Kitsch spoke on behalf of his request for support for zoning relief to construct an addition his residence at 1330 5^th Street, NW.  He proposes to construct a small deck off the rear of the property on the second floor of the townhouse.  The proposal will not increase the internal square footage of the property.  In order to facilitate the proposed deck, he is seeking a variance from the lot coverage requirement.

   MOTION: Commissioner Wiggins moved and Commissioner Padro seconded that ANC 6E support the request for zoning relief to construct a small deck off the rear of the property on the second floor of the townhouse at 1330 5^th Street, NW and that said support be communicated in writing to the Board of Zoning Adjustment (BZA).  The Motion passed unanimously, 6 yeas – 0 nays – 0 abstentions.

1. COMMUNITY IMPACT STATEMENT: CONSIDERATION OF ISSUANCE OF STATEMENT ON SENTENCING OF ANDREW ALLEN, KEITH BOBB, AND ARNELL SMITH [MARCH 11, 2013 NORTH CAPITOL STREET SHOOTING] (S. ATTORNEY’S OFFICE)

   Commissioners Maceda and Wiggins expressed their appreciation to Martin Moulton for his writing the Community Impact Statement regarding sentencing of Andrew Allen, Keith Bobb, and Arnell Smith.

   MOTION: Commissioner Wiggins moved and Commissioner Padro seconded that ANC 6E support the Community Impact Statement written by Martin Moulton on behalf of the ANC 6E Public Safety Committee and reviewed by the Committee.  The Motion passed unanimously, 6 yeas – 0 nays – 0 abstentions.

• 209 new york avenue, nw: request for support for RENEWAL OF class b liquor license (andy’s carryout)

Commissioner Nigro stated that she wished to oppose the establishment’s liquor license because of alleged violations of the Ward 6 Singles Sales Ban. Commissioner Padro advised Commissioner Nigro that was not a basis for a protest by the Commission, which is limited by the ABC Board to issues related to peace, order and quiet.

MOTION: Commissioner Nigro moved and Commissioner Maceda seconded that ANC 6E not support the Class B liquor license renewal application submitted by Andy’s Carryout at 209 New York Avenue, NW because of violations of the single sales ban and that this be communicated in writing to ABRA and the ABC Board.  The Motion passed unanimously, 6 yeas – 0 nays – 0 abstentions.

• 200-300 blocks of massachusetts avenue, nw: update on 3^rd street tunnel project (property group partners)

  Sean Cahill, Senior Vice President of Property Group Partners, provided an update on the 3^rd Street Tunnel Project.  The highway between Massachusetts Avenue, NW and E Street, NW will be decked over, so F Street will be reconnected on either side.  Phase I will be completed on November 17, 2014. Phase II will start on November 18, 2014 between 7:00 a.m. and Midnight and will take six to eight months to complete.

  Commissioner Maceda stated that affected residents are outraged about the work going until midnight and that they have suffered enough already.  Cahill responded that the goal is to get in and out as soon as possible and that working until midnight is the only way to accomplish this.

• pepco: presentation on exelon merger

  Mark Battle, Vice President of PEPCO, spoke briefly regarding the proposed merger between PEPCO and Exelon.  The transaction has been approved by the boards of directors of Exelon and Pepco Holdings Inc. (PHI).  The following additional approvals are required:  (1) PHI stockholders; (2) Federal Energy Regulatory Commission; (3) the public utility commissions of the District of Columbia, New Jersey, Delaware, Maryland, and Virginia (Virginia has already approved the merger).  The unions are also supportive of the merger.

  Benefits to be gained are: (1) No rate increases as a result of the merger – there will actually be a savings; (2) reliability will be improved; (3) PEPCO and Exelon have an excellent record on renewable energy; (4) no loss of jobs for two years.

  Commissioner Padro stated that the District’s Office of the People’s Counsel (OPC) is opposed to the merger, because for a number of reasons, it is not in the best interests of District residents.

1. OTHER NEW BUSINESS
   
   

• OLD BUSINESS

• APPROVAL OF MINUTES – october 7, 2014 public MEETING

  MOTION: Commissioner Padro moved and Commissioner Chapple seconded that the Minutes of the ANC 6E Public Meeting of October 7, 2014 be approved with corrections to be submitted.  The Motion passed unanimously, 6 yeas – 0 nays – 0 abstentions.

• APPROVAL OF TREASURER’S REPORT

  Commissioner Chapple reported that the balance in the Commission’s checking account as of 10/31/14 is $60,098.05.

  MOTION: Commissioner Chapple moved and Commissioner Padro seconded that the Treasurer’s Report be approved as submitted.  The Motion passed unanimously, 6 yeas – 0 nays – 0 abstentions.

• approval of expenses
  5. 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 November 6, 2014 Public Meeting be approved.  The Motion passed unanimously, 6 yeas – 0 nays – 0 abstentions.
  6. MOTION: Commissioner Chapple moved and Commissioner Padro seconded that the invoice submitted by Miller Copying in the amount of $300.00 for the printing of the November 2014 newsletter be approved.  The Motion passed unanimously, 6 yeas – 0 nays – 0 abstentions.

1. announcements

• next meeting

  Tuesday, December 2, 2014, Terrell Recreation Center, 155 L Street, NW, 6:30 p.m.

• ADJOURNMENT

  MOTION:   There being no further business to come before the Commission, Commissioner Chapple moved and Commissioner Maceda seconded that the meeting be adjourned.  The Motion passed unanimously, 6 yeas – 0 nays – 0 abstentions.   The meeting adjourned at 8:59 p.m.