1. CALL TO ORDER [7:30 pm]
Chair Wiss called the meeting to order and, finding Commissioners Kessler, Perry, Maudlin, Bardin, Bernardi, and Dennis to be present, declared a quorum.

2. AGENDA
The proposed agenda [attached] was approved on motion of Commissioner Wiss, seconded by Commissioner Perry, 7-0-0.

3. MINUTES [7:33 pm]
Minutes of the December 16, 2002, meeting were approved, on motion of Commissioner Bardin, seconded by Commissioner Maudlin. 6-0-1 (Commissioner Kessler abstaining).

4. ELECTION OF OFFICERS FOR 2003 [7:42 pm]
The ANC elected the following officers: Commissioner Wiss, Chair, on motion of Commissioner Perry, seconded by Commissioner Bardin (7-0-0); Commissioner Perry, Vice Chair, on motion of Commissioner Maudlin, seconded by Commissioner Bernardi (7-0-0); Commissioner Bardin, Secretary, on motion of Commissioner Wiss, seconded by Commissioner Bernardi (7-0-0); Commissioner Kessler, Treasurer, on motion of Commissioner Dennis, seconded by Commissioner Perry (7-0-0).

5. PARTICIPATION IN ANC SECURITY FUND [7:44 pm]
On motion of Commissioner Wiss, seconded by Commissioner Perry, the ANC approved Resolution 03-01 [attached] providing for participation in the ANC Security Fund and appropriating $25 for premium payment (7-0-0).

6. SIGNATURE CARD FOR BANK OF AMERICA CHECKING ACCOUNT
On motion of Commissioner Wiss, seconded by Commissioner Maudlin, the ANC approved Resolution 03-02 [attached] authorizing and directing the Officers to sign the Bank of America card (7-0-0).

7. DATES FOR ANC 3F MEETINGS IN 2003
On motion of Commissioner Wiss, seconded by Commissioner Perry, the ANC approved scheduling the February monthly meeting for the second Monday of that month and all subsequent monthly meetings during 2003 for the third Monday of the month (7-0-0).

8. ANNOUNCEMENTS [7:47 pm]
A. Commissioner Kessler announced that funding is available to plant 9/11 Memorial Groves in green spaces in the City, with applications due by January 30. He suggested the possible suitability of a location near the UDC tennis groves. By consensus, the ANC authorized Commissioner Kessler to contact UDC with Commissioner Bardin and to nominate that site if UDC is interested. (Dick Potter said that a Memorial Grove would fit well with the SNAP Plan for Van Ness/UDC.)
B. Commissioner Wiss called attention to cut back in public library hours to 9 per day (for details, see www.dclibrary.org).
C. Commissioner Perry reported a meeting sponsored by Councilmember Mendelson to consider closure of Klingle Road (January 21, 7:30 pm, at Adas Israel Synagogue, Quebec Street near Porter and Connecticut).
D. Dick Potter called attention to health violations at the Giant 94 ("Van Ness" Giant) where he saw Giant staff putting gallons of skim milk past their "pull date" of December 30 out on the shelf on December 31; and where he found gallons with a January 7 pull date still on the shelf on January 8. He said that Mr. Monroe of DOH has received these complaints but offered no feed back indicating any follow through.

9. OPEN FORUM [7:59 pm]
A. Barbara Kogan discussed new labels on food, exercise and obesity, and carbon monoxide poisoning risk posed by uncleaned fireplace chimneys.
B. Marvin Tievsky reported on slow progress to reconstruct the Tenley Firehouse.

10. MPD SECOND DISTRICT REPORT [8:00 pm]
No one appeared from the MPD. Commissioner Maudlin asked the Chair to contact the Second District Commander to ask why no representatives came to our meetings.

11. 2800 ALBEMARLE STREET APPLICATION TO THE CFA UNDER SHIPSTEAD-LUCE ACT FOR RECONSTRUCTION OF A HOUSE [8:02pm]
Commissioner Maudlin presented issues raised by the application of American Masterworks LLC #1 for concept approval by the Commission of Fine Arts (S.L. 03-038) for one house on Lot 90, Square 2258. This is a revised plan for one of the three proposed houses discussed at the ANC's meeting of October 7, 2002, and at a Single-Member District 3F03 meeting on December 9, 2002. The ANC reviewed plans submitted with the application and discussed them with and heard from Rick Tanenbaum (one of the principals in the applicant LLC), Peter Halle (who resides at 2801 Chesterfield Place), Joel Fischman (who is building a home at 2800 Davenport), Marjorie Rachlin (former ANC Commissioner and Chair, who resides at 2919 Brandywine), and Barbara Simons (immediate past president of Forest Hills Citizens Association, who resides at 5025 Linnean). Commissioner Maudlin read a letter from Travis Price (who is constructing a residence at 2807 Chesterfield Place and is the architect for another residence at 2809 Chesterfield Place).
Although Lot 90 is over 17,000 square feet in area, one of the drawings in the application shows a different "Lot B", subdivided down to about 11,000 s.f. (and Mr. Tanenbaum advised that applicant has applied to DCRA for a new subdivision of Lot 90 and two adjacent lots owned by American Masterworks to about 11,000 s.f. each).
Commissioner Maudlin moved, and Commissioner Bardin seconded, approval of a draft letter to the CFA limited to an application to build in Lot 90 (i.e., over 17,0000 s.f.). Commissioner Perry moved and Commissioner Dennis seconded an amendment to object to a plan based on re-subdividing to a considerably smaller, "Lot B." The amendment carried (4-2-1, Commissioners Maudlin and Bernardi dissenting, Commissioner Barding abstaining). Thereupon, the ANC adopted the underlying motion, approving Ltr 03-01 [attached] (7-0-0).

12. APPLICATION OF CHIPOTLE RESTAURANT, 4301 WISCONSIN AVENUE, FOR A SIDEWALK CAFÉ PERMIT IN PUBLIC SPACE [9:35 pm]
Commissioner Wiss presented issues raised by Chipotle's previous submittal, praised the changes, but asked for less obtrusive waste receptacles. Chipotle's representative, Phil Petrilli, said these changes were acceptable. On motion of Commissioner Wiss, seconded by Commissioner Bardin, the ANC approved Resolution 03-03. (6-0-1, Commissioner Dennis abstaining).

13. APPLICATIONS BY VERIZON FOR PERMITS FOR EXISTING PAY PHONES IN PUBLIC SPACE AT 4200 AND 4422 CONNECTICUT AVENUE [9:42 pm]
Commissioner Perry reported that there are two pay phones on public space near the Veazey Terrace "kiss and ride" near UDC, to which UDC's Director of Facilities has written the ANC objecting (but which Verizon wants authorized); and there is one working pay phone in front of Burger King with another pay phone, formerly at the Burger King location, currently off site undergoing repairs. Commissioner Perry stated that Verizon would be content with one pay phone operating one-way only at the Burger King location.
On motion of Commissioner Perry, seconded by Commissioner Dennis, the ANC voted to object to permitting (and ask for removal of) the pay phones near the kiss and ride near UDC, and not to object to a one-way (outgoing calls only) pay phone in front of the Burger King (6-1-0, Commissioner Maudlin dissenting).
By consensus, the ANC designated Commissioners Kessler and Perry to represent the ANC at the Public Space Committee hearing.

14. INTERIM REPORT FROM AD HOC COMMITTEE ON PROPOSED AMENDMENTS TO THE DEFINITION OF "BUILDING, HEIGHT OF" IN THE ZONING REGULATIONS, 11 DCMR 199 [9:53 pm]
Committee Co-Chair George Clark reviewed the status of rulemaking proceeding and announced that the Committee would hold its first meeting on January 20, at 7:30 pm, at the home of Barbara Simons at 5025 Linnean Avenue. He distributed materials including the proposals by the ZC, by ANC 3D and related analyses.

15. PROPOSED AMENDMENTS TO ANC BY-LAWS [10:02 pm]
On motion of Commissioner Bardin, seconded by Commissioner Dennis, the ANC approved on First Reading (7-0-0) proposed amendments to the By-Laws. [Attached]

16. TREASURER'S REPORT [10:07 pm]
The Commission received the Treasurer's Report for December 2002.

17. BUDGET AUTHORITY TO RENT A PRIVATE MAIL BOX [10:09 pm]
On motion of Commissioner Bardin, seconded by Commissioner Perry, the ANC added to the "Continuing Resolution" budget for FY 2003 up to $300 for the purpose of renting a private mail box at Mail Boxes, 4401-A Connecticut Avenue, NW.
There was an inconclusive discussion of possible new ANC letterhead designs.

18. ADJOURNMENT [10:20 pm]
On motion of Commissioner Bardin, seconded by Commissioner Bernardi, the ANC adjourned (7-0-0). The next meeting will be held at Capital Memorial Church, 3150 Chesapeake Street, on February 10, 2003, at 7:30 p.m.

Respectfully submitted,

/s/ David J. Bardin
David J. Bardin, Secretary

Approved: February 10, 2003

Attachments:
Agenda [with Brief Reports] 
Res 03-01 ANC 3F Resolution Regarding Participation in ANC Security Fund
Res 03-02 ANC 3F Resolution Regarding ANC 3F's Bank Account
Ltr 03-01 Letter to the CFA regarding 2800 Albemarle Street
Res 03-03 ANC 3F Resolution Regarding Chipotle Restaurant Sidewalk Cafe
Treasurer's Report for December 2002