September 2014 Minutes

Advisory Neighborhood Commission 6E
Public Meeting
Tuesday, September 2, 2014

Advisory Neighborhood Commission 6E convened at the Northwest One Library, 155 L Street, N.W., Washington, DC, on Tuesday, September 2, 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
Alvin Judd, Sr., ANC 6E06
Alfreda S. Judd, ANC 6E07
I. CALL TO ORDER AND ROLL CALL

Chair Alexander Padro called the meeting to order at 6:33 p.m. The roll was called and the presence of a quorum was noted.

II. APPROVAL OF AGENDA

MOTION: Commissioner Padro moved and Commissioner Chapple seconded that the Agenda be approved as submitted. The Motion passed unanimously, 7 yeas – 0 nays – 0 abstentions.

III. PSA REPORTS: METROPOLITAN POLICE DEPARTMENT

Officer Berlin of PSA 308 (3D) stated he has been assigned to PSA 308 since May of this year and that his main goal has been to keep the streets on his foot beat safe. He noted that the public should see a big difference on 7th Street between P and Q Streets, NW.

Commissioner Nigro asked about two random shootings she had heard about.

The Commissioners thanked Officer Berlin for the great job he did during National Night Out. Commissioner Padro stated that the seniors at Asbury Dwellings were very grateful for his presence.

No officer was present from 1D.
Crime statistics for the indicated periods are as follows:

Offense 1D (PSA 103) 3D (PSA 308)
7/1/2013 to 9/1/2013 7/1/2014 to 9/1/2014 7/1/2013 to 9/1/2013 7/1/2014 to 9/1/2014
Homicide 1 0 4 1
Sexual Abuse 12 8 8 8
Robbery Excluding Gun 83 49 99 85
Robbery with Gun 12 23 28 27
Assault Dangerous Weapon Excluding Gun 36 35 33 38
Assault Dangerous Weapon With Gun 8 7 8 7
Violent Crimes Total 152 122 180 166
Burglary 80 71 59 67
Theft 541 659 408 574
Theft from Auto 347 347 314 482
Stolen Auto 55 99 49 91
Arson 0 1 0 0
Property Crimes Total 1023 1177 420 429

IV. 1100 6TH STREET, NW: REQUEST FOR SUPPORT FOR HISTORIC PRESERVATION APPROVAL OF RENOVATIONS AND ADDITIONS TO EXISTING BUILDINGS (DOUGLAS DEVELOPMENT)

Aaron Townsend and Andrea Gourdine, Project Managers for Douglas Development, and Kevin Sperry, architect, spoke regarding their request for support for Historic Preservation approval of renovations and additions to existing buildings at 1100 6th Street, NW. It was noted that the property will have ground floor retail space, office use on the third floor, and six (6) parking spots. There are no tenants yet.

Commissioner Nigro stated her constituents are very happy that this property is going to be developed and she is pleased with the rendering and the green roof.

Commissioner Maceda stated that she has some tenant prospects that she would like the developer to consider. She also stated that the ANC Zoning and Planning Committee met the previous week and voted to support the request for Historic Preservation approval.

MOTION: Commissioner Nigro moved and Commissioner Padro seconded that ANC 6E support the request of Douglas Development for Historic Preservation approval of renovations and additions to existing buildings at 1100 6th Street, NW, and that said support be communicated in writing to the Historic Preservation Review Board. The Motion passed unanimously, 7 yeas – 0 nays – 0 abstentions.
V. 416 RIDGE STREET, NW: REQUEST FOR SUPPORT FOR HISTORIC PRESERVATION APPROVAL FOR RENOVATION OF AND ADDITION TO EXISTING BUILDING (DONNA DOSIK)

Owner Donna Dosik noted that the architect was not able to complete drawings in time for presentation at the meeting. Commissioner Nigro stated that her constituents are supportive, but had some concerns about the driveway and utility wires. The owner noted that Verizon has found another way to change the wires and that the pole has an easement on it. The property has an irregular lot line. They are trying to do an addition to the house and have to connect the two properties in order to do so.

MOTION: Commissioner Nigro moved and Commissioner Padro seconded that ANC 6E table consideration of this matter until its October 7, 2014 Public Meeting. The Motion passed unanimously, 7 yeas – 0 nays – 0 abstentions.

VI. 1534 5TH STREET, NW: REQUEST FOR SUPPORT FOR PUBLIC SPACE PERMIT FOR CURB CUT FOR NEW CONSTRUCTION (PORTOFINO, LLC)

Abraham Soquar spoke regarding his request for support for a Public Space Permit for a curb cut for a new building at 1534 5th Street, NW. He stated that this was originally an empty lot. He is building a semi-detached three and a half story row house with two units and a brick façade. His application is going before the Public Space Committee later this month.

Commissioner Chapple stated he received a letter from a neighboring property owner who is not in support of the curb cut application. Commissioner Chapple further stated he has received a number of communications from residents about the unavailability of parking on this block and voiced their opposition to the curb cut, as it would remove street parking spaces.

MOTION: Commissioner Chapple moved and Commissioner Padro seconded that ANC 6E oppose the application of Portofino, LLC for a curb cut at 1534 5th Street, NW and that said opposition be communicated in writing to the Public Space Committee and the Director of DDOT. The Motion passed unanimously, 7 yeas – 0 nays – 0 abstentions.

VII. 899 O STREET, NW: REQUEST FOR SUPPORT FOR VALET STAGING ZONE AND LOADING ZONE APPLICATIONS FOR CAMBRIA SUITES (CITY MARKET HOTEL DEVELOPMENT, LLC)

Susan Linsky of Linsky Group, LLC spoke in support for Valet Staging Zone and Loading Zone applications for Cambria Suites at 899 O Street, NW. She stated the application has gone to the Public Space Committee and all pertinent agencies have approved it.

MOTION: Commissioner Padro moved and Commissioner Nigro seconded that ANC 6E support Cambria Suites’ applications for a Valet Staging Zone and a Loading Zone and that said support be communicated in writing to the Public Space Committee and the Director of DDOT. The Motion passed unanimously, 7 yeas – 0 nays – 0 abstentions.

VIII. 216 N STREET, NW: REQUEST FOR SUPPORT FOR APPLICATION FOR RESERVED ON-STREET PHYSICALLY DISABLED PARKING SPACE (IDA MOORE)

The representative was not present. Commissioner Nigro stated that one of her constituents has requested a handicapped space on the street. Supposedly, ANC 6E was given notice of her application on June 4, 2014, but ANC 6E claims they never received such notice. Commissioner Nigro further stated that DDOT will come out and re-evaluate the entire situation later. She also noted that there was a similar situation regarding the 1300 block of 5th Street, NW.

MOTION: Commissioner Padro moved and Commissioner Maceda seconded that ANC 6E communicate its concerns related to the application for a reserved on-street physically disabled parking space at 216 N Street, NW, specifically the lack of notice and that ANC 6E further request the opportunity to receive the application and opine on the case before the sign is installed. The Motion passed unanimously, 7 yeas – 0 nays – 0 abstentions.
IX. 440 K STREET, NW: REQUEST FOR SUPPORT FOR NEW RETAILER’S CLASS C RESTAURANT ABC LICENSE FOR GRAND CATA VINO *BARRA* MARKET (GRAND CATA, LLC)

Julio Robledo spoke on behalf of Grand Cata, LLC’s application for a new Retailer’s Class C Restaurant ABC License at 440 K Street, NW. He stated that the restaurant will feature 25 different wines by the glass as well as a menu of 20 food items. There will also be a small market and a small private room for events.

Commissioner Padro stated that: (1) a voluntary agreement would be signed by the applicant; and (2) that there was some concern about a dancing endorsement and a cover charge endorsement, but that these have been removed by the applicant. The applicant did, however, ask if dance classes could be held. It was noted that the ANC Alcoholic Beverage Licensing Committee supported the application.

MOTION: Commissioner Padro moved and Commissioner Maceda seconded that ANC 6E support the request of Grand Cata Vino *Barra* Market for a new Retailer’s Class C Restaurant ABC license, contingent upon the applicant signing a voluntary agreement that will specify a number of issues related to their operations, that they do not pursue the dancing and cover charge endorsements, and that said support be communicated in writing to the ABC Board and ABRA. The Motion passed, 6 yeas – 0 nays – 1 abstention.

X. 1550 7TH STREET, NW: REQUEST FOR SUPPORT FOR NEW RETAILER’S CLASS C RESTAURANT ABC LICENSE FOR BEAU THAI (BEAU THAI SHAW, LLC)

Stephen Whalen of Veritas Law spoke regarding the application for a new Retailer’s Class C Restaurant ABC License for Beau Thai at 1550 7th Street, NW. He noted that the owners of Beau Thai Shaw, LLC have two other restaurant locations. He further stated that Beau Thai is asking for an endorsement for a sidewalk café with 24 seats. He stated the following hours: Sunday-Thursday, 7:00 AM to 2:00 AM, and Friday-Saturday, 7:00 AM-3:00 AM, inclusive of holidays. The Establishment’s hours of alcoholic beverage sales, service, and consumption indoors will not exceed the following: Sunday-Thursday, 8:00 AM-2:00 AM, and Friday-Saturday, 8:00 AM-3:00 PM, inclusive of holidays, with maximum seating of 99.

It was noted that the applicant will sign a voluntary agreement that: (1) no music will be played outside; and (2) that outdoor seating and service ends at midnight, seven days a week.

Commissioner Maceda noted that the actual application lists an opening hour of 8:00 a.m. and she expressed her concern that this was too early to be serving alcohol. The applicant responded that the 8:00 a.m. hour would only apply when there is a special event, such as World Cup Soccer or the Olympics, when the time difference in Europe is six hours or so ahead of the United States.

MOTION: Commissioner Padro moved and Commissioner Chapple seconded that ANC 6E support the request of Beau Thai for a new Retailer’s Class C Restaurant ABC license at 1550 7th Street. NW based on the voluntary agreement signed with the owners and that said support be communicated in writing to the ABC Board and ABRA. The Motion passed, 5 yeas – 2 nays (Commissioners Maceda and Wiggins) – 0 abstentions.

XI. 801 O STREET, NW: REQUEST FOR SUPPORT FOR NEW RETAILER’S CLASS C RESTAURANT ABC LICENSE FOR CONVIVIAL (CMSA, LLC)

Saied Azali spoke regarding CMSA, LLC’s request for a new Retailer’s Class C Restaurant ABC License for Convivial at 801 O Street, NW. It is anticipated the restaurant will open by next spring or early summer. He noted he has been in the restaurant business since 1980 and has won numerous awards. The chef will be Cedric Maupulier, who will also live at City Market at O. The restaurant will serve breakfast, lunch and dinner. There will be outdoor dining with no music and a summer garden. It will be a neighborhood restaurant, affordable, and will serve healthy food. Two hours of free parking will be available for customers. The restaurant will be a hybrid between a diner and a bistro.

MOTION: Commissioner Padro moved and Commissioner Maceda seconded that ANC 6E support the application of Convivial for a new Retailer’s Class C Restaurant ABC license at 801 O Street, NW, contingent upon the signing of a voluntary agreement that stipulates: (1) no music will be played outside; and (2) that seating and service ends at midnight, seven days a week, and that said support be communicated in writing to the ABC Board and ABRA. The Motion passed unanimously, 7 yeas – 0 nays – 0 abstentions.

XII. 1336 8TH STREET, NW: CONSIDERATION OF ANC 6E RESPONSE TO DMPED REPEATEDLY IGNORING ANC PROPERTY DISPOSITION RECOMMENDATIONS (DEPUTY MAYOR FOR PLANNING AND ECONOMIC DEVELOPMENT)

Commissioner Padro spoke regarding DMPED’s repeatedly ignoring ANC recommendations related to development of city-owned parcels within ANC 6E’s jurisdiction. He requested that the Commission support sending a letter to the Deputy Mayor and DMPED questioning the process under which their selections of developers were made without granting any weight or credence to the recommendations of the ANCs. He further stated that if DMPED does not want input from the ANCs, then why bother asking the ANCs for their recommendations? Commissioner Maceda concurred with Commissioner Padro and asked why the great weight of the ANCs is not being recognized. She emphatically stated that countless hours are spent on analyzing the submissions of various developers, obviously to no avail, and she will advocate a hearing before Muriel Bowser’s Committee on Economic Development.

MOTION: Commissioner Padro moved and Commissioner Maceda seconded that ANC 6E send a letter to Mayor Gray, Interim Deputy Mayor Miller, and Councilmember Muriel Bowser expressing concern that: (1) ANC 6E does not appear to be given the great weight afforded to it by DMPED and that other ANCs are expressing the same difficulty; (2) request a detailed response to ANC 6E’s correspondence related to all three of the awards, i.e., Parcel 23, 5th & I

Streets, NW, and Parcel 42 where ANC 6E’s recommendations have been ignored; and (3) that ANC 6E request a clarification as to the criteria used to weigh ANC input and, if ANCs recommendations are not going to receive great weight, the process should be modified so that the ANCs time is not wasted. The Motion passed, 6 yeas – 0 nays – 1 abstention (Commissioner Nigro).
XIII. 2ND AND H STREETS, NW: CONSIDERATION OF COMMISSION INPUT INTO REQUEST FOR EXPRESSIONS OF INTEREST IN REDEVELOPMENT OF DEVELOPMENT PARCELS 1 AND 2 (DEPUTY MAYOR FOR PLANNING AND ECONOMIC DEVELOPMENT)

Commissioner Padro stated that ANC 6E would like to recommend to DMPED that: (1) they reserve Parcel 1 for park and beautification purposes; (2) that Parcel 2 have affordable housing with the lowest possible Area Median Index (AMI) and ground floor retail; and (3) that parking impacts need to be mitigated.

MOTION: Commissioner Padro moved and Commissioner Judd, Sr. seconded that ANC 6E communicate to DMPED three priorities related to the RFEI for Parcels 1 and 2 at 2nd and H Streets, NW, i.e., (1) Parcel 1 be reserved for green space; (2) Parcel 2 be designated for affordable housing at the lowest possible AMI with ground floor retail; and (3) that parking impacts be mitigated by potential bidders. The Motion passed, 5 yeas – 2 nays (Commissioners Nigro and Maceda) – 0 abstentions.

XIV. APPROVAL OF COMMUNITY IMPACT STATEMENTS RE: SENTENCING OF JOSEPH T. PEOPLES AND BERNARD J. FLEMING

Commissioner Wiggins stated that the above-noted criminals pled guilty to involvement in cocaine distribution and a drug distribution conspiracy which took place in a drug free zone within 500 feet of the Maya Angela Public Charter School and the Cleveland Elementary School. Mr. Fleming was also found guilty of assault with intent to kill and murder.

MOTION: Commissioner Wiggins moved and Commissioner Padro seconded that ANC 6E support the recommendation of ANC 6E’s Public Safety Committee that Community Impact Statements be issued for Joseph T. Peoples and Bernard J. Fleming and submitted to Honorable Judge Anita Josey-Herring and Honorable Judge Robert E. Morin before September 12, 2014 so that they may be apprised of ANC 6E’s position. The Motion passed unanimously, 7 yeas – 0 nays – 0 abstentions.

XV. 1740 NEW JERSEY AVENUE, NW: REQUEST FOR ZONING RELIEF TO ALLOW RENOVATION OF AND ADDITION TO EXISTING BUILDING FOR RESIDENTIAL USE (NEWTON STREET DEVELOPMENT 3, LLC)

ANC 6E opposed the applicant’s original request at its July 1, 2014 Public Meeting. However, the applicant made some modifications to their original application and requested that ANC 6E reconsider their application.

Meredith Moldenhauer (Griffin, Murphy, Moldenhauer, & Wiggins, LLP) spoke regarding Newton Street Development 3, LLC’s revised application. They are seeing relief from: (1) lot area; (2) non-confirming structure; and (3) parking relief from 3 parking spaces. Their application was modified as follows: (1) reduced the number of units from 8 to 7; (2) applicant to provide Resident Parking Permit (RPP) restrictions, Visitor Parking Permit (VPP) restrictions in condo documents or lease restrictions on the building; (3) additional curb space for parking from former curb cut; (4) transit incentives; (5) bike parking on site; (6) 18 letters of support.

She also stated the following benefits: (1) repairing a dilapidated property; (2) attention to historic details; (3) returning the structure to residential use.

Commissioner Chapple voiced his opposition to the application and stated that the property is being divided into a three level townhouse and seven (7) condo units. He stated that the capacity/density should be diminished to four (4) condo units.

Commissioner Maceda stated that, after much discussion, ANC 6E’s Zoning and Planning Committee voted to support the application.

MOTION: Commissioner Padro moved and Commissioner Chapple seconded that ANC 6E reconsider the matter of 1740 New Jersey Avenue, NW. The Motion passed unanimously, 7 yeas – 0 nays – 0 abstentions.

MOTION: Commissioner Chapple moved and Commissioner Padro seconded that ANC 6E oppose the developer’s application and that said opposition be communicated in writing to the Board of Zoning Adjustment (BZA). The Motion failed by a vote of 4 nays (Commissioners Nigro, Maceda, Wiggins, Judd, Sr.) – 3 yeas (Commissioners Padro, Chapple, Judd) – 0 abstentions.

MOTION: Commissioner Maceda moved and Commissioner Nigro seconded that ANC 6E support the request submitted by Newton Street Development 3, LLC for zoning relief at 1740 New Jersey Avenue, NW to allow renovation of and addition to existing building for residential use and that said support be communicated in writing to the Board of Zoning Adjustment (BZA). The Motion passed, 5 yeas – 2 nays (Commissioners Padro and Chapple) – 0 abstentions.
XVI. 1522 8TH STREET, NW: REQUEST FOR SUPPORT FOR ZONING RELIEF TO ALLOW RENOVATION OF AND ADDITION TO EXISTING BUILDING (ROBERT J. SEARLE)

Meredith Moldenhauer (Griffin, Murphy, Moldenhauer, & Wiggins, LLP) spoke regarding Robert Searle’s request for support for zoning relief to allow renovation of and addition to an existing building at 1522 8th Street, NW. The third floor will be expanded and the load bearing wall will be placed in the center. They are asking for relief from non-conforming building, lot occupancy and court requirements. The ANC Zoning and Planning Committee supported their application.

MOTION: Commissioner Padro moved and Commissioner Maceda seconded that ANC 6E support the zoning relief requested by Robert J. Searle to allow renovation of and addition to the building at 1522 8th Street, NW and that said support be communicated in writing to the Board of Zoning Adjustment (BZA). The Motion passed unanimously, 7 yeas – 0 nays – 0 abstentions.

XVII. 1514 8TH STREET, NW: REQUEST FOR SUPPORT FOR ZONING RELIEF AND HISTORIC PRESERVATION APPROVAL FOR RENOVATION OF AND ADDITION TO EXISTING BUILDING (LOCK 7 DEVELOPMENT)

Meredith Moldenhauer (Griffin, Murphy, Moldenhauer, & Wiggins, LLP) spoke regarding Lock 7 Development’s request for support for zoning relief and historic preservation approval for renovation of and addition to an existing building at 1514 8th Street, NW. She stated the applicant proposes to renovate and bring the property back to residential use (9 units). The applicant is also asking for relief to provide three (3) compact parking spaces instead of standard spaces. The ANC Zoning and Planning Committee supported their application.

MOTION: Commissioner Padro moved and Commissioner Maceda seconded that ANC 6E support the zoning relief sought by Lock 7 Development to allow renovation of and addition to the building at 1522 8th Street, NW and support the request for Historic Preservation approval, and that said support be communicated in writing to the Board of Zoning Adjustment (BZA) and the Historic Preservation Review Board. The Motion passed unanimously, 7 yeas – 0 nays – 0 abstentions.
XVIII. MOMS AGAINST GUN VIOLENCE: PRESENTATION

The representative was unable to attend.

XIX. CONSIDERATION OF ANC GRANT APPLICATIONS

Jerome Raymond spoke regarding the Mount Vernon Triangle Community Improvement District (CID) request for a $1,500.00 grant from ANC 6E to assist in covering costs (umbrella and stand, flyer design, printing of flyers, sign and banner, face painter, hula hoops, bubble maker) for a weekly Saturday Farmer Market at 5th and K Street Plaza.

MOTION: Commissioner Padro moved and Commissioner Maceda seconded that ANC 6E support the grant application of Mount Vernon Triangle CID to assist in covering costs for a weekly Saturday Farmer’s Market at 5th and K Street Plaza and that payment of grant be contingent upon final approval from the DC Auditor. The Motion passed, 6 yeas – 1 nay (Commissioner Padro) – 0 abstentions.

XX. RESCHEDULING OF NOVEMBER 4, 2014 MEETING

MOTION: Commissioner Padro moved and Commissioner Nigro seconded that the ANC 6E November 4, 2014 Meeting (Election Day) be rescheduled to Thursday, November 6, 2014 at the Northwest One Library. The Motion passed unanimously, 7 yeas – 0 nays – 0 abstentions.

XXI. OTHER NEW BUSINESS

None.
XXII. OLD BUSINESS

None.

XXIII. APPROVAL OF MINUTES – JULY 1, 2014 PUBLIC MEETING

MOTION: Commissioner Padro moved and Commissioner Nigro seconded that the Minutes of the ANC 6E Public Meeting of July 1, 2014 be approved with corrections. The Motion passed unanimously, 7 yeas – 0 nays – 0 abstentions.

XXIV. APPROVAL OF TREASURER’S REPORT

Commissioner Chapple reported that the balance in the checking account was $57,626.45.

MOTION: Commissioner Padro moved and Commissioner Wiggins seconded that the Treasurer’s Report be approved as submitted. The Motion passed unanimously, 7 yeas – 0 nays – 0 abstentions.
XXV. APPROVAL OF EXPENSES

1. 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 September 2, 2014 Public Meeting be approved. The Motion passed unanimously, 7 yeas – 0 nays – 0 abstentions.

2. MOTION: Commissioner Chapple moved and Commissioner Padro seconded that the invoice submitted by Miller Copying in the amount of $400.00 for the printing of the September 2014 newsletter be approved. The Motion passed, 6 yeas – 1 nay (Commissioner Nigro) – 0 abstentions.

XXVI. ANNOUNCEMENTS

None.

XVII. NEXT MEETING

Tuesday, October 7, 2014, Northwest One Library, 155 L Street, NW, 6:30 p.m.A

XVIII. ADJOURNMENT

MOTION: There being no further business to come before the Commission, Commissioner Padro moved and Commissioner Wiggins seconded that the meeting be adjourned. The Motion passed unanimously, 7 yeas – 0 nays – 0 abstentions. The meeting adjourned at 9:00 p.m.