ADVISORY NEIGHBORHOOD COMMISSION 3-C

GOVERNMENT OF THE DISTRICT OF COLUMBIA

Cathedral Heights ∙ Cleveland Park ∙ Massachusetts Ave. Heights ∙ McLean Gardens ∙ Woodley Park

 

2737 DEVONSHIRE PLACE, NW

WASHINGTON, DC 20008

(202) 232-2232 FAX: 232-0667

 

February 15, 2005

 

I.                   CALL TO ORDER 

            Chair Nancy MacWood called to order Advisory Neighborhood Commission 3C (ANC 3C’s) regular monthly meeting for February 15, 2005 at 7:37 p.m. The meeting was held in the community room at the Second District Police Station, 3320 Idaho Ave., NW, Washington, DC.  Other commissioners present included Bruce Beckner, Avram Fechter, Deborah Jane Lindeman, Trudy Reeves, and Stephanie Zobay.

 

II.                VERIFICATION OF NOTICE 

            Chair MacWood verified that the proper notice was published in the Northwest Current and posted on the Cleveland Park listserv and ANC 3C web site.

 

III.             ESTABLISHMENT OF QUORUM 

            Chair MacWood acknowledged that a quorum (at least five members of the commission) was present. 

 

IV.              APPROVAL OF AGENDA 

            Commissioner Fechter moved for approval of the evening’s agenda.  Commissioner Beckner seconded.  The agenda was unanimously approved (6-0).

 

V.                 ANNOUNCEMENTS 

a.       Commissioner Fechter announced that Councilmember Kwame Brown had sent a letter to the Mayor supporting ANC 3C’s resolution regarding DC’s economic development programs (2005-008).

b.       Commissioner Lindeman announced that she would be attending the DC Council hearing on Wednesday, February 16, regarding the various rental housing bills.  She encouraged community members and other ANC commissioners to also attend.

 

VI.              DISCUSSION

Chair MacWood introduced Dr. Patrick Canavan, the newly appointed director of the DC Department of Consumer and Regulatory Affairs (DCRA).  Dr. Canavan introduced Theresa Lewis, his new chief of staff; Toye Bello, the zoning administrator; Marceline Alexander, the director of operations, and Joseph McCarley, customer services advocate.  Dr. Canavan provided an overview of his work history and qualifications and then laid out his plans for DCRA, including strengthening economic development and improving customer service. 

 

Commissioner Reeves asked what to do when she has a question and is sent from agency to agency.  Dr. Canavan said that Mr. McCarley would work as a liaison with the ANCs on those issues.  Commissioner Lindeman asked whether it would be possible to centralize DCRA’s records, especially as they pertain to rental units.  Ms. Lewis said that part of the problem has been the changes in rent control policies and the various filing methods that have resulted.  Dr. Canavan said that they hope to make their records publicly available online.  Commissioner Zobay asked for examples of which information would be public domain versus which would be considered private domain.  Dr. Canavan said that permit activity, certificates of occupancy, business licenses, etc., should all be publicly available, as well as a zoning map searchable by address.  He stated that the agency planned to have initial assessments of its technology needs completed by March 1.

 

Chair MacWood stated that she feels all permit applications should clearly state the legal ramifications of providing false information.  Ms. Lewis said that the federal penalty information had been added to the application.  Chair MacWood said that she personally knows whom she should contact at DCRA to get things done, but expressed concern that community members don’t and often get the runaround.  Dr. Canavan said that one of his top priorities is to improve customer service.

 

Commissioner Fechter noted that there’s a gap between actual zoning orders and the enforcement of those orders.  Mr. Bello replied that the BZA is working on making numbers and limits more clear in future orders.  Ms. Lewis stated that DCRA used to use civil infractions as an alternative to criminal actions, despite the fact that infractions of DCRA regulations are misdemeanors under the criminal code.  They’ve now started to issue notices, orders to correct, etc., and if people don’t adhere they will go to court to stop them.  Commissioner Fechter asked if an enforcement officer will begin to review institutional orders on a regular basis.  Ms. Lewis pointed out that the DCRA has limited resources and will continue to rely on the ANCs and the public to let them know when there are problems. 

 

Chair MacWood asked about zoning administrator sign-offs.  Dr. Canavan said that they have discontinued the policy of allowing the zoning administrator to sign off on projects.  Commissioner Lindeman pointed out that it would help to have the Internet databases available on-site at DCRA.  Commissioner Beckner asked whether ambiguous BZA orders for schools would be enforced.  Mr. Bello said that they may be looked at on a case-by-case basis as problems arise, but that they are difficult to enforce.

 

Cleveland Park Citizens Association (CPCA) President George Idelson said he’s thrilled that Dr. Canavan has taken over DCRA.  He stated that CPCA members had been frustrated over the years because DCRA had not conducted a reliable baseline study or attempted to enforce the Cleveland Park overlay, which runs from Macomb to Porter Streets on Connecticut Avenue and calls for no more than 25 percent of use devoted to eating and drinking establishments.  CPCA proposed language for new legislation, but it has not been acted upon.  Dr. Canavan said that the zoning commission is about to notice a public meeting on this matter and that CPCA should go in front of the commission and testify to get their language incorporated.  Chair MacWood asked if the ANC could request that the zoning commission re-notice it.  Dr. Canavan replied that the ANC could do so.  Mr. Idelson pointed out that the overlay cap has been exceeded and asked for assurances that no new permits will be issued until the zoning commission considers the matter.   Dr. Canavan assured him that DCRA would not issue new permits.

 

Peter Espenscheid asked why District agencies often disregard the need for obtaining a permit from DCRA.  Commissioner Beckner and Peter Espenscheid went to DCRA and were told they couldn’t get stop work order for the Ordway Street sidewalk project because DC agencies don’t have to go through the permit process.  Ms. Lewis stated that the employee was mistaken and that DC agencies are both required to and do apply for permits.  She gave Lorraine Bennett as the contact person at DCRA who monitors city government permits. 

 

Chair MacWood asked about DCRA’s work on abandoned buildings in Ward 3, stating that some community members feel that owners are sitting on abandoned space waiting for property to appreciate.  Dr. Canavan said that they have a limited number of inspectors covering a large area, but maintain a vacant property database.  He also stated that there are many steps involved in proving that a specific property is vacant and/or abandoned.

 

Chair MacWood thanked Dr. Canavan and his staff for attending.

 

VII.           COMMISSION BUSINESS

a.       Chair MacWood introduced consideration of a Historic Preservation Review Board (HPRB) application for a two-story rear addition to 3040 Rodman Street NW.  She noted that the application was presented at the January meeting and the architect was returning with revisions based on ANC and HPRB staff recommendations.  The architect presented an overview of the revised plans and mentioned that additional revisions would probably be made based on comments from the Cleveland Park ARC.

 

Commissioner Beckner read his draft resolution opposing the application and moved its consideration.  Commissioner Lindeman seconded.  A neighbor urged the ANC to vote in favor of the draft resolution and articulated his concerns about the mass and general external design.  The neighbor also submitted a letter to the ANC regarding the physical impact on his home.  Another neighbor stated her concern that the mass of the proposed addition would make the house a great deal larger than others on Rodman Street.  Chair MacWood asked if Commissioner Beckner had any directions to the architect regarding what might be acceptable massing.  Commissioner Beckner said he did not, but that it seems wrong to have an addition that’s almost as big as the house and that a more modest, less-deep addition might make more sense. 

 

Commissioner Lindeman offered a friendly amendment to insert northwest after the address where listed in the resolution.  Commissioner Beckner accepted the amendment.  Commissioner Zobay offered a friendly amendment to change the house description from duplex to semi-detached.  Commissioner Beckner accepted.  Resolution 2005-010 was approved by a unanimous vote of 6-0. 

 

After a short break to consider one item under the community forum (below), the commission returned to the evening’s planned agenda.

 

b.       Chair MacWood introduced consideration of an Historic Preservation Review Board (HPRB) application for new landscaping and replacement of the retaining wall at Maret School, 3000 Cathedral Avenue NW.  Brian Stevenson with Stevenson Landscape Architects provided an overview of the plans for renovation and rehabilitation of the existing athletic field to the south of the school. 

 

Commissioner Lindeman asked if the plan could be modified to include higher trees to block the view

of the wall. Mr. Stevenson said they could not, but that the trees would be fairly high 12-foot Magnolias.  Commissioner Lindeman asked who would maintain the plants.  Mr. Stevenson said the school would install an irrigation system and take care of its own maintenance.  Marjo Talbot, head of Maret School, said that neighbors typically believe the project will improve the property and are pleased with the school’s efforts. 

 

Chair MacWood thanked Mr. Stevenson for responding to the ANC’s initial comments at the committee meeting.  Commissioner Zobay read her resolution and moved it.  Commissioner Beckner seconded.  Ms. Talbot pointed out the school has no plans to increase the use of the field, just the quality of the sports.  Commissioner Zobay modified her resolution accordingly.   After additional discussion about the type of trees and flowers that would be used on the site, Commissioner Fechter offered a friendly amendment to simplify the language and delete several of the whereas clauses.  Commissioner Zobay accepted the amendment.  Resolution 2005-011 was approved by a unanimous vote of 6-0.

 

c.       Chair MacWood introduced consideration of a Historic Preservation Review Board (HPRB) application for a porch renovation, chimney replacement, and rear addition at 3215 35th Street NW.  Chair MacWood read her resolution and moved it.  Commissioner Fechter seconded.  Following a short discussion, resolution 2005-012 was approved by a unanimous vote of 6-0. 

 

d.       Commissioner Beckner introduced consideration of the driveway project at 3200 Porter Street NW.  Homeowner Simon Willis explained that he purchased the home in 2004 and decided to level the driveway to provide access to Porter Street.  He called various contractors who told him that there was no need for a permit, so he started work on the project in mid-November and received a stop work order in December.  Mr. Willis stated that he had since visited Emily Paulus at HPRB who approved the application on the spot and told him to go to the Department of Public Space and Zoning Office.  Mr. Willis said that after four visits to the public space office, his application was approved.  He provided Commissioner Beckner with a packet containing proof of each approval as well as written approval from his neighbors.  Chair MacWood thanked Mr. Willis for appearing before the commission and said she would send a letter to the various departments informing them that he had done so.  She reminded him to apply for permits before beginning any future work.

 

e.       Chair MacWood introduced a resolution on behalf of Commissioner Nord requesting that DDOT implement traffic calming measures at Cleveland and Cathedral Avenues NW.  She noted that residents had brought a traffic calming petition to the ANC for submission with the resolution.  Chair MacWood moved the resolution.  Commissioner Fechter seconded.  Resolution 2005-013 was approved by a unanimous vote of 6-0.

 

VIII.        COMMUNITY FORUM

Mark Hanwerker, the owner of Atomic Billiards at 3427 Connecticut Avenue NW, stated that he had been offered the chance to take over the space currently used by Park Bench Pub, which is attached to his current business.  Mr. Hanwerker said that his business had been at that location for twelve years and have turned down the use of the extra space numerous times, but now he believes they have a need for it.  He stated that his intent is to incorporate the basement space that has door on Connecticut Avenue as part of Atomic Billiards and not open the street level patio space to the public.  Chair MacWood and Commissioner Fechter thanked Mr. Hanwerker for giving the ANC advance notice and Commissioner Fechter said he would direct Mr. Hanwerker to the appropriate government agencies.

 

IX.              COMMITTEE REPORTS

Commissioner Lindeman provided a report on the meeting of the consumer and regulatory affairs committee.  She stated that several commissioners attended, as did Councilmember Mendelson.  Councilmember Mendelson pointed out that DC Council committees are still considering many of the legislative issues.  The first hearing is on February 16th and they have over 50 people testifying.  Commissioner Lindeman noted that she planned to attend the February 16 Council meeting to represent her SMD. 

 

X.                 OFFICERS REPORTS

a.       Commissioner Reeves provided the treasurer’s report.  She stated that ANC 3C hadn’t received its January allotment because the DC Auditor is missing some information from the third and fourth quarters.  She also noted that the commission needs to start using petty cash vouchers.  Commissioner Fechter moved to name administrator Meagan Jeronimo as petty cash custodian.  Commissioner Beckner seconded.  The motion was approved by a unanimous vote of 6-0.

 

b.       Commissioner Lindeman moved consideration of the January 2005 meeting minutes.  Commissioner Reeves seconded.  With minor changes, the minutes were approved by a unanimous vote of 6-0.

 

c.       Commissioner Lindeman introduced consideration of the January 18, 2005 special meeting.  Commissioner Fechter moved to delay consideration of the special meeting minutes.  Commissioner Beckner seconded.  The motion was approved by a unanimous vote of 6-0.

 

XI.              SINGLE MEMBER DISTRICT REPORTS

a.       Commissioner Zobay provided a report for ANC 3C03 regarding Aidan Montessori School exceeding its student enrollment cap and trying to work with Woodley Park Community Association (WPCA) to get a voluntary agreement to remain over their cap.  Commissioner Zobay stated that WPCA gave Aidan temporary permission to increase their enrollment from 180 to 210 conditional upon a traffic study being generated and Aidan working with the neighborhood to mitigate any traffic problems that had occurred.  WPCA planned to reconvene in January 2005 and an Aidan subcommittee was developed to monitor the traffic.  The traffic study came back in January with several major issues, so WPCA approved a resolution accepting the sub-committee’s traffic report and agreed not to amend enrollment.  They recommended that the school continue to resolve traffic issues and come back to WPCA in a few months.  Commissioner Zobay pointed out that the school has a prior agreement in place with the WPCA and ANC 3C not to exceed an enrollment cap of 180 and when they came before WPCA, they neglected to come before the ANC.  WPCA plans to hold a special meeting on March 6 at 7pm, but neither the school nor WPCA has invited or notified the ANC. 

 

After further discussion, Commissioner Fechter moved to authorize the chair or her designee to write to the zoning administrator to request an investigation of the school exceeding its enrollment cap.  Chair MacWood said she already had.  Commissioner Fechter withdrew his motion.  Chair MacWood said that the school is in fact in compliance with its BZA order.  She confirmed that there was a 1995 agreement with the ANC and WPCA limiting the school to 180 students.  The school committed to return to the BZA in 1998, but they never did. 

 

Commissioner Zobay stated that the school’s certificate of occupancy only allows for 180 students and that the certificate they operate under was transferred from the building’s previous owner.  Peter Espenscheid pointed out the school can’t have a legally binding special exception because those orders are not allowed to be transferred.  Chair MacWood said she raised the matter with DCRA and was told that as long as the type of use is the same, both the certificate of occupancy and the zoning order can be transferred.  Chair MacWood said the matter would have to be litigated because DCRA keeps saying they won’t enforce it.  Chair MacWood said former WPCA president Barbara Ioanes plans to conduct further research on the matter. 

 

b.       Commissioner Lindeman gave Ms. Lewis letter about signage at Oyster School on behalf of ANC 3C02.

 

c.       Commissioner Beckner nominated Peter Espenscheid as co-chair of the transportation committee.  Commissioner Lindeman seconded.  Commissioner Reeves stated that she doesn’t think a non-commissioner should be a chair or co-chair of a standing committee.  The motion was approved by a vote of 5-1.

 

XII.           ADJOURNMENT

a.       Commissioner Beckner moved to adjourn the meeting.  Commissioner Fechter seconded.  The meeting was adjourned at 10:50 p.m. without objection.