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

January 24, 2005

I. CALL TO ORDER

Chair Nancy MacWood called to order Advisory Neighborhood Commission 3C (ANC 3C’s) regular monthly meeting for January 25, 2005 at 7:38 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 were Dia Black, Bruce Beckner, Avram Fechter, Deborah Jane Lindeman, Nancy Nord, Sheila Hogan, 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

With minor modifications, the agenda was reviewed and unanimously approved (9-0).

V. ANNOUNCEMENTS

a. Chair MacWood announced that George Washington Medical Center was extending emergency certification training through February 15.

b. Chair MacWood announced the dates and locations for meetings on the DC Comprehensive Plan.

c. Chair MacWood announced that there would be a meeting on the Wisconsin Avenue Corridor Transportation Study on Thursday, January 22 at 3600 Calvert Street from 6:30 – 9:00 p.m.

d. Commissioner Reeves announced that the meeting on plans for the Washington Hebrew Congregation had been postponed, but that there was no rescheduled date set.

e. Sharlene Krantz, the director of constituent services for Councilmember Kwame Brown, introduced herself and gave her contact number as (202) 724-8174.

VI. COMMISSION BUSINESS

a. Chair MacWood announced the election of the 2005 officers for ANC 3C. Commissioner Nord nominated Chair MacWood to continue as chair, Commissioner Hogan as vice-chair, Commissioner Lindeman as secretary, and Commissioner Reeves as treasurer. Commissioner Fechter seconded. The motion was approved by a unanimous vote of 9-0.

VII. CONSENT CALENDAR

a. Commissioner Beckner introduced consideration of an Historic Preservation Review Board (HPRB) application for a rear, two-story addition with a flat roof at 3518 Porter St. NW. He read and moved his resolution supporting the application. Commissioner Black seconded. Resolution 2005-002 was unanimously approved by a vote of 9-0.

b. Commissioner Beckner introduced consideration of an HPRB application for a studio addition to the front of an existing garage at 3324 Highland Place. He read and moved his resolution supporting the application. Commissioner Black seconded. Resolution 2005-003 was unanimously approved by a vote of 9-0.

c. Commissioner Zobay introduced consideration of a Board of Zoning Adjustment (BZA) special exception application at 2912 Cortland Place, for a third-story addition of a shed dormer to the rear and side of the property. She noted that it was a conforming addition to a non-conforming property.

Commissioner Zobay read and moved her resolution supporting the application. Commissioner Reeves seconded. Resolution 2005-004 was unanimously approved by a vote of 9-0.

VIII. DISCUSSION

a. Chair MacWood introduced Theresa Lewis, the Acting Deputy Director of the DC Department of Consumer and Regulatory Affairs (DCRA). Ms. Lewis noted that Patrick Canavan had been appointed as the new director of DCRA. Ms. Lewis provided an update on the illegal rooming house that had been brought to the attention of DCRA at the ANC’s December meeting. She stated that the Office of the General Counsel and the Attorney General were very concerned about the tenants who were brought into the illegal rooming house and had notified the owner that he must quit running the house by February 6. She said that the owner had requested and would be granted an extension until the end of February. Commissioner Hogan asked if there were any penalties. Ms. Lewis said the owner was fined $500. Commissioner Hogan asked if the penalties could be repeated. Ms. Lewis responded that once the matter has gone further with the Attorney General, the fine could go up to $100/day. Ms. Lewis will return in March for an update on this matter.

b. Ms. Lewis from DCRA reported on the Asia Trail construction project at the National Zoo. She stated that her inspectors had been monitoring the Zoo at various hours. She said that DCRA does not have control over the Zoo, but is able to work with Councilmember Graham’s office to record noise information so he can approach the Smithsonian with data. Commissioner Black said that it isn’t the noise level, but rather the duration that is the problem. Chair MacWood asked whether DC has any control over the Zoo. Ms. Lewis replied that DC has no control over federal property. Commissioner Nord asked whether DCRA could control the incoming and outbound trucks. Ms. Lewis replied that DDOT could do so.

Zoo representative John Gibbons said that the Zoo is prepared to work within DC guidelines, despite the fact that their applications for DC permits were turned down because they are federal properties. He stated that they have rarely worked seven days per week, but have worked on some federal holidays. Community members expressed disagreement on the duration of work weeks. Chair MacWood thanked Mr. Gibbons.

Commissioner Black asked whether community representative David Wright had an update. He provided a printed overview of neighborhood members’ requests to the Zoo and Councilmember Graham’s office, including restricted hours, a change in signage about work hours, installation of noise barriers, etc. CommCommissioner Hogan asked if there are regulations for Saturdays and federal holidays. Mr. Gibbons said that there are contract dates that determine when the contractors work, including the completion target date of April 2006.

Commissioner Black introduced her resolution. Commissioner Lindeman seconded. Resolution 2005-005 was approved by a unanimous vote of 9-0.

IX. TREASURER’S REPORT

Former treasurer John Welsh presented an overview of the ANC’s financial report for the last quarter of 2004, reporting that the ANC had $20,000 in savings and $16,000 in checking. New treasurer Commissioner Reeves moved to approve the financial report. Commissioner Lindeman seconded. The motion was approved by a unanimous vote of 9-0.

Commissioner Hogan left at 8:44pm

X. COMMISSION BUSINESS

a. Chair MacWood introduced consideration of an HPRB application for the Soka Gokkai Buddhist Church (SGI-USA). Andi Adams of Shaw Pittman provided an overview of the plan. Suzette Goldstein of HRK architects provided information on the designs. Commissioner Nord introduced a resolution opposing the current design because of size, scale, and the question of whether the building will be a house of worship or a community center. Commissioner Lindeman stated that she was co-sponsoring the resolution. Commissioner Nord read the resolves and moved her resolution. Commissioner Reeves seconded.

Commissioner Fechter offered friendly amendments to strike WHEREAS clauses 3-9 and BE IT THEREFORE RESOLVED clauses 1 and 2. Commissioner Zobay seconded. Commissioner Fechter stated that those clauses call into question ones’ religious beliefs and that the ANC’s discussion should focus only on HPRB issues. He stated that the current zoning regulations are very vague and should be defined and discussed at another time. As the law is written now, a church has a right to be in an R-1 zone. Commissioner Nord responded that no one was challenging the question of whether Buddhism is a religion or whether SGI-USA is a valid sect of that religion, but rather the actual use of this particular building. If the primary use of this structure is to be a house of worship, then it has the right to be there. But the ANC is not qualified to determine that, so the zoning administrator should make the decision. If the ruling is against the neighbors, the neighbors can then appeal, but they need to have that determination made. Chair MacWood pointed out that the resolution would in fact urge the zoning administrator to rule against the project and stated that while she would support zoning looking at it to determine whether there are any zoning issues, she was not prepared to say that the ANC had made a determination. Commissioner Lindeman said that the ANC should urge the zoning administrator to investigate and determine whether a hearing should be held.

Commissioner Beckner said that if the zoning administrator was to determine whether the building would or would not be a church, he would establish the factual predicate for the determination. He stated that he did agree that the designed floor plan raised the question of the actual use of the building. Commissioner Nord said that she would be willing to change the resolve clause to simply urge the zoning administrator to review the matter if Commissioner Fechter’s amendment was voted down. Commissioner Lindeman submitted that she’d prefer not to remain co-sponsor of the resolution if Commissioner Fechter’s amendment was approved.

The ANC heard from neighbor John Magnus, Emily Eig from Traceries, and Jeanine Rustad from Robbins Kaplan who lobbied for the ANC to urge the zoning administrator to review this project. Commissioner Beckner asked whether the zoning administrator would make a determination that could then be appealed to the Board of Zoning Adjustment and finally to the D.C. Court of Appeals. Ms. Rustad said that was correct. Commissioner Beckner submitted that perhaps it would be more appropriate for the ANC to speak at the point of a BZA hearing. Commissioner Fechter read an e-mail the ANC had received from the zoning administrator earlier that day responding to Chair MacWood’s questions on the matter.

Mr. Aiken, a representative of SGI-USA, stated that nearly all of the space in the building would be used for worship. The main purpose as a 501(c)(3) is as a faith congregation. They will have classrooms with altars where they teach their faith. He stated that he was comfortable that if the plan was submitted to the BZA, it would be approved. Mr. Aiken pointed out factual inaccuracies in the proposed resolution and offered to host visitors who would care to view their church and practices. Commissioner Lindeman asked why there were no altars in the current plans. Mr. Aiken replied that the plans focus only on an external view for the concept review phase of the church’s HPRB application.

Commissioner Lindeman called the question and moved for a roll call vote. Commissioner Fechter re-read his proposed amendments.

Reeves – no Nord – no

MacWood – yes Black – yes

Fechter – yes Beckner – yes

Zobay – no Lindeman - no

The motion failed by a vote of 4-4.

Commissioner Lindeman called the question on the resolution by roll call vote. Commissioner Nord seconded. After a request for additional discussion, Commissioner Lindeman withdrew her motion and Commissioner Nord withdrew her second. Commissioner Black offered a friendly amendment to delete whereas clause 5. Commissioner Nord accepted the amendment. Commissioner Zobay offered a friendly amendment to delete whereas clause 7 and add a citation to the web site used to collect data on SGI-USA for the resolution. Commissioner Nord accepted the amendment. Commissioner Fechter offered a friendly amendment to strike whereas clause 3. Commissioner Nord accepted the amendment. Chair MacWood pointed out that whereas clause 9 was not correct as written because there is a special exception regulation (209) for community centers. Commissioner Zobay offered a friendly amendment to ask the zoning administrator to make a determination of whether the planned design conforms to its use as a matter of right. Commissioner Nord accepted the amendment.

Commissioner Lindeman called the question by roll call vote.

Reeves – yes Nord – yes

MacWood – yes Black – yes

Fechter – abstain Beckner – yes

Zobay – yes Lindeman – yes

Resolution 2005-006 was approved as amended by a vote of 7-1-1.

b. Chair MacWood introduced consideration of Sidwell Friends School’s bond application. Bruce Stewart, Head of School, and Michael Saxenian, CFO and Assistant Head of School, provided an overview of the application. Commissioner Fechter read his resolves and moved consideration of the resolution. Commissioner Zobay seconded. Commissioner Beckner asked Mr. Saxenian for a rough sense of the school’s savings on tax-exempt versus taxable rates. Mr. Saxenian replied that it would depend on bond rates, but would be perhaps a half of a percentage point spread. He also noted the higher cost of issuance and the cost of compliance with DC’s regulatory bodies. Commissioner Beckner said that the resolution’s requirement of a financial guarantee would be more of a performance guarantee, not a bond. Saxenian pointed out the posting a financial bond would lower its borrowing ability. Commissioner Fechter said that the ANC wants more than the school’s word on the line. Chair MacWood pointed out that the financial guarantee is not a condition of the ANC’s support of the school’s application.

Community member Martha Black asked why the school petitioned the BZA for a student increase to generate revenue and is now asking for bonds. Mr. Saxenian replied that the bonds give the school more time to pay on the construction project and that it is still exposed to serious financial risk. Commissioner Lindeman asked what the BZA verbal ruling was regarding enrollment. Mr. Saxenian said it was 850 students. Community member Barbara Beelar asked why the ANC couldn’t delay the resolution until after the BZA’s written order is issued. Commissioner Fechter replied that the ANC needs to comment before the Mayor sends bond legislation to the Council.

Commissioner Reeves offered a friendly amendment to add in “upon completion of parking garage” and Commissioner Fechter accepted. Commissioner Lindeman offered a friendly amendment for Commissioner Fechter to remove “on a routine basis.” Her motion was not seconded, so Commissioner Lindeman withdrew it. Commissioner Beckner called the question. Commissioner Fechter seconded. Resolution 2005-007 was approved by a unanimous vote of 8-0.

c. Commissioner Fechter read and moved a resolution regarding DC’s economic packages. Commissioner Black seconded. Commissioner Nord stated that she would abstain from a vote on the issue because she felt that it extends beyond community concerns. Commissioner Lindeman offered a friendly amendment to have the mayor and council consider the feasibility of incorporating the Davis Bacon Act into any legislation. Commissioner Reeves seconded. Commissioner Zobay said that she could not vote without seeing additional statistics. After additional discussion, Commissioner Fechter called the question. Commissioner Beckner seconded. Commissioner Lindeman called for a roll call vote.

Reeves – yes Nord – No

MacWood – yes Black – yes

Fechter – yes Lindeman – yes

Beckner – yes Zobay – yes

The motion on Commissioner Lindeman’s friendly amendment was accepted by a vote of 7-1.

On the amended resolution, the vote was as follows:

Reeves – yes Nord – No

MacWood – yes Black – yes

Fechter – yes Lindeman – yes

Beckner – yes Zobay – yes

Resolution 2005-008 was approved as amended by a vote of 7-1.

d. Chair MacWood introduced consideration of a request from the National Cathedral to DDOT to update signage regarding tour buses to reflect their use from March 1 – June 30, 2005. Chair MacWood moved that the ANC support the Cathedral’s request, which she noted is an annual request during tourist season. Commissioner Black seconded. Commissioner Lindeman asked the Cathedral representative to ensure that they are enforcing idling laws. The representative said they would. The motion was approved by a unanimous vote of 8-0.

e. Chair MacWood moved consideration of the 2005 meeting schedule of the ANC. Commissioner Beckner seconded. Chair MacWood stated that the commission would meet on the third Monday of each month at 7:30 p.m., except for Tuesday, February 15. Commissioner Lindeman offered a friendly amendment that summer months be optional. Chair MacWood suggested keeping the meeting dates and then canceling them if possible. Commissioner Lindeman requested that the meeting time be changed to 7 p.m. The rest of the commissioners stated that that was too early. The motion was approved by a unanimous vote of 8-0.

XI. OFFICERS REPORTS

a. Chair MacWood moved for approval of the slate of committee chairs. Commissioner Nord seconded. The slate was moved as follows:

Consumer Affairs – Lindeman Administration – Zobay

Transportation – Beckner Historic Preservation – MacWood

Education, Libraries, Recreation – Nord Environment – Hogan

Government Operations – Fechter Public Safety – Black

Planning and Zoning – MacWood

Commissioner Lindeman suggested that someone co-chair one of the committees. Commissioner Black said she would co-chair the Historic Preservation Committee. Commissioner Nord moved that Commissioner Lindeman co-chair the Education, Libraries and Recreation Committee. Commissioner Zobay seconded. The motion was approved by a unanimous vote of 8-0.

Commissioner Lindeman moved that Public Utilities be a subcommittee of Consumer & Regulatory Affairs and that Peter Espenscheid be elected chair. Commissioner Fechter seconded. After Mr. Espenscheid stated that he would not accept unless Public Utilities was a freestanding committee, Commissioner Lindeman withdrew her motion and Commissioner Fechter withdrew his second. Commissioner Reeves said that she doesn’t think non-commissioners should be chairs of standing committees. Commissioner Nord agreed. Lindeman called the question on the motion by a roll call vote.

Reeves – no Nord – no

MacWood – yes Black – abstained

Fechter – yes Lindeman – yes

Beckner – yes Zobay – yes

The motion was approved by a vote of 5-2-1.

Commissioner Lindeman moved that Peter Espenscheid be named chair of the Public Utilities Committee. Commissioner Reeves seconded. The motion was unanimously approved.

b. Chair MacWood moved a resolution authorizing the treasurer to pay a $25 fee to the security fund bonding the chair and the treasurer. Commissioner Reeves seconded. Resolution 2005-009 was approved by a unanimous vote of 8-0.

c. Chair MacWood moved consideration and approval of the December meeting minutes. With minor changes, the minutes were approved by a vote of 3-0-5

d. Chair MacWood moved consideration and approval of the October meeting minutes. The minutes were approved by a vote of 3-0-5

XII. ADJOURNMENT

Chair MacWood adjourned the meeting at 11:52 p.m. without objection.