MINUTES
ADVISORY NEIGHBORHOOD COMMISSION 3F
NORTH CLEVELAND PARK, FOREST HILLS
& TENLEYTOWN
PUBLIC MEETING
Monday, July 19, 2004
Capital Memorial Church
3150 Chesapeake Street, N.W.
Washington, D.C. 20008
1. CALL
TO ORDER [7:37 pm]
Chair
Perry called the meeting to order and, finding Commissioners Kessler,
Maudlin,
Bardin, Bernardi, Wiss, and Dennis present, declared a quorum.
2.
AGENDA [7:38 pm]
The proposed agenda, attached with
brief reports, was approved on motion of Chair Perry, seconded by
Commissioner
Bardin, 7-0-0.
3.
MINUTES [7:39 pm]
Minutes of the June 21, 2004,
monthly public meeting were approved 7-0-0 (Wiss/Perry).
4.
ANNOUNCEMENTS [7:40 pm]
A.
Announcements
by Commissioners:
Commissioner Wiss announced that the Ward 3
ANCs are
sponsoring a roundtable discussion on DC Fire and Emergency Medical
Services
from 7:00-9:00 pm on July 20, 2004, at St. Columba’s Church, 4201
Albemarle
Street, N.W.
She also announced that the D.C. Office of
Planning
will be holding a meeting to present revisions to the Upper Wisconsin
Avenue
Corridor Study on July 28, 2004, at 7:00 pm at Georgetown Day School.
Commissioner Perry announced that from July
26 to
August 16 the Metro entrance on the east side of Connecticut Avenue
will be
closed for repairs to the Van Ness Center plaza. The
bus stop may also be affected. For
information, call Petrine Squires at 301-657-3611, ext. 205.
Commissioner Perry noted that the July issue
of The Intowner has an article about the
City’s plans to lease Stead Park in Dupont Circle, which has a large
playing
field, to a group that plans to build an office building and theater,
at a time
when residents are asking for more playing fields.
Commissioner
Kessler commended the Day’s Inn at 4400 Connecticut Avenue
for removing the large Avis sign.
B.
Announcements
by members of the community:
George
Clark of 4525 – 28th Street, N.W., President of the
Forest Hills Citizens Association, announced that the Zoning Commission
will
hold a hearing on the Forest Hills Tree and Slope Protection Overlay at
6:30 pm
on July 22, 2004, at 441 – 4th Street, N.W.
He also announced that the
Forest Hills Citizens Association will be holding its annual meeting on
July
29, 2004, at Murch Elementary School at 7:30 pm. New
officers will be elected, and there will be a report on the
Tree and Slope Overlay.
5. OPEN
FORUM [7:45 pm]
No issues were raised.
6. MPD
SECOND DISTRICT REPORT [7:46 pm]
Chair Perry announced that Commander
Jeffrey Moore of the Second District will retire at the end of the
month. Lt. Marshall of PSA 203 stated that
Captain
Michael Smith will be Acting Commander.
Lt. Marshall presented the police report. He introduced Officer Cole, a recent
graduate of the Police Academy who has now joined PSA 203; Officer
Parry, who
is training Officer Cole; and Officer Williams, who is assigned to the
day
shift on PSA 203. There are now 19
officers assigned to PSA 203.
Thefts from auto are increasing in PSA 203,
especially around Tilden Street because it is close to the Park. Air bags were stolen from two Hondas. Air bags in about ten makes of cars that use
plastic ignitions, including Hondas, are easy to steal.
DC as a whole leads the nation in identity
theft
crimes. MPD will take reports of
identity theft both when the complainant is a DC resident, regardless
of where
the theft occurred, and also when the theft itself occurs in D.C.
Commissioner Wiss, noting that about 2,000
residents
of ANC 3F live in PSA 202, asked that future reports include all parts
of the
ANC. Lt. Marshall agreed to inform Lt.
Aiello of PSA 202.
7. “NO
PARKING/NO
STANDING” SIGNS AT MURCH ELEMENTARY SCHOOL [7:53 pm]
Tracy Zarpette, Vice President of the Murch
Home and
School Association, described difficulties with student drop off and
pick up
because parents park in areas marked “No Parking, 8:00 am – 4:00 pm”,
block
traffic, refuse to move when asked, and have threatened parents and
staff
trying to enforce the signs. The HSA is
requesting signs saying “No Parking/No Standing, 8:00 am – 4:00 pm”. By a vote of 7-0-0 (Perry/Maudlin), the ANC
approved sending a letter to DDOT requesting the signs and a letter to
DPW
requesting parking enforcement, with copies to Councilmember Kathy
Patterson
and Lt. Marshall asking for periodic patrols.
(Because
representatives of Il Tesoro had not arrived, the ANC turned to other
agenda
items.)
8.
LIQUOR LICENSE
RENEWAL FOR DELHI DHABA, 4455 CONNECTICUT AVENUE, N.W. [8:09 pm]
The ANC approved 7-0-0 the attached voluntary
agreement (Maudlin/Bardin) covering both the restaurant and sidewalk
café.
9.
LIQUOR LICENSE
RENEWAL FOR SHANGHAI GARDENS, 4469 CONNECTICUT AVENUE, N.W. [8:10 pm]
Commissioner Maudlin, noting that the ANC’s
original
voluntary agreement with Shanghai Gardens was signed many years ago,
moved an
amended agreement, seconded by Commissioner Bardin, to extend coverage
to the
more recently opened sidewalk café. The
ANC approved the attached voluntary agreement 7-0-0.
10.
ALLEY
EAST OF CONNECTICUT AVENUE BETWEEN VEAZEY TERRACE AND VAN NESS STREET,
N.W.,
[8:12 pm]
In response to a recommendation from
the Connecticut Avenue Traffic Study, Commissioner Perry, seconded by
Commissioner Bardin, moved a resolution requesting that the alley be
made
one-way southbound, that speed humps be installed, that a stop sign be
posted
at the intersection of the alley and Van Ness Street sidewalk, and that
“No
Parking” signs be posted in the alley.
Commissioner Perry described the heavy traffic volume and
speeding in
this alley, as well as parking on private property without permission. Commissioner Bardin moved friendly
amendments to separate the first “resolved” clause into two and to
change the
operative verb in the first resolution clause from “encourage” to
“recommend”
or “request”. The ANC approved Res 04-22
by a vote of 7-0-0.
11.
REPORT ON SIDWELL FRIENDS
SCHOOL EXPANSION, BZA CASE NO. 17149, AND FUNDING FOR AN ATTORNEY TO
ADVISE ON
LEGAL ISSUES [8:21 pm]
Commissioner
Perry reported that the BZA held hearings on June 15, June
22, and June 29. At the last hearing,
Sidwell presented new material showing three additional roof structures
on the
middle school addition, which will require a special exception, and
acknowledged that construction for the entire project is expected to
take until
2013, far beyond the two-year time limit required by BZA rules to apply
for a
building permit. The BZA has asked the
parties to brief these and other issues that arose during the hearings: whether theoretical lots should apply;
whether the height of the middle school can be measured from the
interior of the
campus, as Sidwell has done, rather than from 37th Street;
and
whether the application should be treated as a campus plan.
Commissioner
Perry, seconded by Commissioner Maudlin, moved that the
ANC allocate $3,500 to hire an attorney to advise the ANC on these
issues. Commissioner Kessler pointed out
that the
ANC has budgeted $5,000 for consultant fees.
The ANC approved the funding 4-0-2 (Commissioners Bernardi and
Dennis abstaining,
Commissioner Bardin recused).
.
12.
FOREST HILLS TREE AND SLOPE PROTECTION OVERLAY [8:30 pm]
Speaking in favor of a July 12, 2004,
proposal from
the Office of Planning to base the overlay on preserving tree canopy
rather
than trees of a specific size were Karen Foreit, 4140 Linnean Avenue;
Michael
Jones, 2605 Tilden Place; Peter Halle, 2801 Chesterfield Place; Jane
Halpern,
3054 Harrison Street; and Bob Shanks, 3002 Albemarle Street. Reasons for supporting the proposal
were: (1) This is a compromise that
achieves a balance between preserving trees and being able to develop
one’s
property; (2) OP’s proposal was based on input from experts and
requires
experts to work with residents on tree plans; (3) It will be more
effective in
preserving trees than the original overlay because it requires planting
trees
if the canopy is reduced below a certain level; (4) The Tree Bill
protects
large trees; (5) Building restrictions, which are inappropriate in a
tree
overlay, are eliminated; (6) It has fewer restriction generally than
the
original overlay and allows the flexibility needed to develop smaller
lots; (7)
Forest Hills residents appreciate trees and can be trusted to preserve
them.
Speaking in opposition to the OP proposal
were
George Clark, 4525 – 28th Street; Barbara Simons, 5025
Linnean
Avenue; and Joan Benesch, 4444 Linnean Avenue.
Reasons for opposing the proposal were:
(1) This proposal, like the Urban Forest Preservation Act, does
not
prevent all trees from being cut down, so long as they are replaced;
(2) OP’s
calculation understates the percentage of existing canopy in Forest
Hills,
especially near Rock Creek Park; (3) Goals for replacing canopy are too
low and
would actually lead to canopy loss in Forest Hills; (4) Regulation is
needed to
protect against too much impervious surface to allow for planting; (5)
The
Comprehensive Plan recommends mapping the tree and slope overlay in
hilly areas
like Forest Hills as well as consistent building set backs along
streets; (6)
The original overlay would be better for protecting the neighborhood as
a
whole, preserving canopy, and preventing erosion and heat.
George Clark summarized a survey
sent by the Forest Hills Citizens Association to all property owners
within the
overlay and returned by 35% of them. A
majority of respondents favor the existing overlay and are against the
canopy
approach. They favor preservation of
mature trees. A majority would find
reduction of canopy in Forest Hills to 40%, 30%, or 25% unacceptable
and would
be willing to take additional steps in applying for a building permit. Most approve of the original goals of the
overlay, two of which have been dropped by OP.
Karen Foreit pointed out that the response was limited because
only
those who chose to do so responded.
Many were silent. One cannot
extrapolate their views from their silence.
Commissioner Maudlin moved a
resolution in favor of the Office of Planning approach, seconded by
Commissioner Bardin. Commissioner
Bardin then moved a substitute document, seconded by Commissioner
Kessler,
analyzing both the original overlay and OP canopy provisions and
suggesting a
hybrid approach. The substitution was
approved 6-1-0 (Commissioner Maudlin opposed).
Commissioner Wiss, seconded by Commissioner Perry, moved an
amendment to
acknowledge the importance of large oaks and other canopy trees to the
ambience
of Forest Hills and as a buffer to Rock Creek Park on page 4. This was approved 6-0-1 (Commissioner
Maudlin abstaining). Commissioner Wiss then moved another amendment,
seconded
by Commissioner Kessler, to add a description of adjacent forests in
Rock Creek
Park on page 7. This also was approved
6-0-1 (Commissioner Maudlin abstaining).
The commissioner then approved Document 04-05 by a vote of 6-1-0
(Commissioner Maudlin opposed).
13.
PUBLIC SPACE APPLICATION #04-018 FOR AN UNENCLOSED
SIDEWALK CAFÉ AT IL TESORO, 4400 CONNECTICUT AVENUE, N.W. [9:49 pm]
This is a retroactive application for a
permit for
an existing sidewalk café at the request of the Public Space Office. Through counsel, Mr. Bonnani, owner of Il
Tesoro, explained he existing café was constructed by a previous
restaurant,
apparently without a public space permit.
Until he received notice he needed a permit, Mr. Bonnani
believed the
café to be on private property. Marlene
Johnson, attorney for Il Tesoro, stated that she had also searched for
building
permits, but had found none.
Commissioner Kessler, seconded by
Commissioner
Bardin, moved Resolution 04-23.
Friendly amendments were accepted to indicate that the sidewalk
café is
elevated, to remove a “whereas” clause about ANC notification, and to
clarify
language about plantings surrounding the café.
An amendment to add the term of months the café may be used
(Maudlin/Perry) was approved 4-2-1 (Commissioners Kessler and Bardin
opposed,
Commissioner Wiss abstaining). The ANC then approved resolution 04-23
by a vote
of 6-0-1 (Commissioner Kessler abstaining).
14.
LIQUOR LICENSE
RENEWAL FOR IL TESORO, 4400 CONNECTICUT AVENUE, N.W. 10:23 pm]
On motion of Commissioner Kessler, seconded
by
Commissioner Bardin, the ANC approved the attached voluntary agreement
7-0-0,
with incorporation of language about plantings around the café from
Resolution
04-23.
15.
ANC QUARTERLY REPORT FOR
THE 3RD QUARTER OF FY 2004 [10:34 pm]
Commissioner
Kessler presented the quarterly report. Disbursements
during the quarter totaled
$477.23. All checks have cleared. The ANC approved the attached quarterly
report (Kessler/Bernardi) 7-0-0.
Commissioner Kessler presented the report for
June. The ANC received its quarterly
allotment
of $4,657.33.
17.
ADJOURNMENT [10:38 pm]
On motion of Commissioner Wiss,
seconded by Commissioner Bernardi, the meeting adjourned, 7-0-0. The ANC will hold a special public meeting
on August 2, 2004, to consider the large number of liquor license
applications
and renewals that have been received.
The meeting will be held at the Capital Memorial Church, 3150
Chesapeake
Street, N.W., starting at 7:30 pm.
These minutes were approved 6-0-0, with a
quorum
present, at a duly noticed public meeting of ANC 3F on August 2, 2004.
Respectfully
submitted,
Cathy
Wiss, Secretary
Attachments:
Agenda
with brief reports
Ltr
04-05
No Parking/No Standing
Signs at Murch Elementary School
Voluntary
Agreement with Delhi Dhaba
Voluntary
Agreement with Shanghai Gardens
Res
04-22
Alley between Veazey
Terrace and Van Ness Street, N.W.
Doc
04-05
Forest
Hills Tree and Slope Protection Overlay
Res
04-23
Il Tesoro Sidewalk Café
Voluntary
Agreement with Il Tesoro
ANC
Quarterly Report for the 3rd Quarter of FY 2004
Treasurer’s
Report for June 2004