MINUTES
ADVISORY NEIGHBORHOOD COMMISSION 3F
NORTH CLEVELAND PARK, FOREST HILLS & TENLEYTOWN
SPECIAL PUBLIC MEETING, WEDNESDAY, JUNE 2, 2004
Capital Memorial Church
3150 Chesapeake Street, N.W.
Washington, D.C. 20008
1. CALL TO ORDER [7:32 pm]
Chair Perry called the meeting to order and,
finding
Commissioners Kessler, Maudlin, Bardin, Bernardi, Wiss, and Dennis
present,
declared a quorum.
2. AGENDA [7:33 pm]
The proposed agenda, attached with brief reports,
was
approved 7-0-0 on motion of Chair Perry, seconded by Commissioner
Bernardi.
3. ANNOUNCEMENTS [7:34 pm]
A. Announcements by Commissioners:
Commissioner Bardin announced that:
(1) The DC Council hearing on historic preservation of DC’s fire
houses
has been postponed from June 8 to June 22 in the afternoon. He
plans
to testify for the ANC.
(2) DC Water and Sewer Authority has a new proposal for public
comment
concerning whether WASA should charge a fixed fee of $100/linear foot
for
replacement of lead service lines on private property. The
comment
period ends June 28, 2004.
(3) He has decided not to run for reelection in November.
(4) He will recuse himself on the Sidwell BZA application because
his
law firm does work for Sidwell as to this project.
Commissioner Kessler announced he had submitted the ANC’s quarterly
report
for the second quarter of FY 2004 early.
Commissioner Maudlin announced that the record should show that he has
two
children who are alumni of Sidwell Friends School, but that he does not
intend
to recuse himself on the BZA application because he believes he can be
impartial.
A. Announcements by members of the community:
There were no announcements from members of the community.
4. OPEN FORUM [7:39 pm]
No open forum issues were raised.
5. SIDWELL FRIENDS SCHOOL BZA APPLICATION NO.
17149
[7:39 pm]
Commissioner Dennis moved that the ANC reconsider the vote taken on the
Sidwell
application at the May 17, 2004, meeting and withdraw Resolution 04-16,
seconded
by Commissioner Maudlin: approved 6-0-0, Commissioner Bardin
recused.
Chair Perry asked Michael Saxenian, Assistant Head of School and Chief
financial
Officer for Sidwell if he had any comments. Mr. Saxenian offered
on
behalf of the school’s Buildings and Grounds Committee to agree to
waiver
of the ANC’s filing deadline with the BZA if the ANC agreed to support
the
school in all respects except those that seemed most
controversial:
(1) traffic on 37th Street; (2) off-campus student parking; and (3) the
construction
management plan. Chair Perry responded that the school and ANC
could
continue to meet to try to resolve differences, as it had on Wednesday,
May
26, but that the ANC did not plan to seek a waiver of its filing
deadline.
She added that the ANC will have time to consider a supplemental
resolution
at its regular monthly meeting on June 21 if the June 15 BZA hearing is
continued.
Commissioner Perry then introduced a draft of a shorter resolution
(attached
to these minutes) that would be accompanied by a more detailed report
and
moved that the ANC work from this resolution, seconded by Commissioner
Maudlin,
approved 6-0-0, Commissioner Bardin recused.
The commission then amended this draft resolution as follows:
(a) Motion to move the second whereas clause on the
first
page to follow the fourth whereas clause on the same page: approved,
6-0-0
(Dennis/Maudlin), Commissioner Bardin recused.
(b) Motion to strike “develop and enrich landscaping
at
the borders of the property” from the third whereas clause on the first
page:
failed, 2-4-0 (Wiss/Dennis), Commissioners Kessler, Maudlin, Perry, and
Bernardi
dissenting, Commissioner Bardin recused.
(c) Motion to strike “numerous” from the first
whereas
clause on the second page: approved, 5-1-0 (Maudlin/Perry),
Commissioner
Kessler dissenting, Commissioner Bardin recused.
(d) Motion to move the fourth whereas clause on the
second
page to follow the first whereas clause on the same page: approved,
6-0-0
(Dennis/Maudlin), Commissioner Bardin recused.
(e) Motion to add “(6) landscaping plan”, “(7)
neighborhood
liaison committee”, and “(8) enrollment cap” to the fifth whereas
clause
on page two and amend the wording of the second phrase in the same
whereas
clause to read “a plan to eliminate all student drop off and pick up”
(from
37th Street and surrounding streets): approved, 6-0-0 (Maudlin/Perry),
Commissioner
Bardin recused.
(f) Motion to add “the doctrine of” before “clean
hands”
to the sixth whereas clause on the second page: approved, 6-0-0
(Dennis/Maudlin),
Commissioner Bardin recused.
(g) Motion to amend the language of the seventh
whereas
clause on page two to read “Whereas, Sidwell has been overenrolled for
several
years and not in compliance with the Board’s Order of August 16, 1996,
in
Case No. 16139”: approved, 6-0-0 (Perry/Maudlin), Commissioner Bardin
recused.
Mr. Saxenian informed the commission that Sidwell is still researching
its
enrollment to find out when it first exceeded the enrollment cap.
(h) Motion to switch the order of the sixth and
seventh
whereas clauses on page two: approved, 6-0-0 (Maudlin/Wiss),
Commissioner
Bardin recused.
(i) Motion to add a whereas clause stating “WHEREAS,
the
BZA may approve a special exception for a private school in an R-1
District
subject to the following provisions:
Section 206.2 The private school shall be located so that it is
not
likely to become objectionable to adjoining and nearby property because
of
noise, traffic, number of students, or otherwise objectionable
conditions.
Section 206.3 Ample parking space, but not less than that
required
in chapter 21 of this title, shall be provided to accommodate the
students,
teachers, and visitors likely to come to the site by automobile.”
Approved, 6-0-0 (Perry/Dennis), Commissioner Bardin recused.
(j) Motion to add “Green landscape and design” to the
first
resolution clause: approved, 6-0-0 (Wiss/Perry), Commissioner Bardin
recused.
(k) Motion to add “Raising the student enrollment cap
from
780 to 800” to the first resolution clause: approved, 6-0-0
(Dennis/Maudlin),
Commissioner Bardin recused.
(l) Motion to add “307” [parking spaces] to the
second
resolution clause: approved, 6-0-0 (Wiss/Maudlin), Commissioner Bardin
recused.
(m) Motion to add “zoning compliant” [parking spaces]
to
the second resolution clause: approved, 6-0-0 (Perry/Wiss),
Commissioner
Bardin recused.
(n) Motion to amend the first sentence of the third
resolution
clause to read “FURTHER, ANC 3F recommends approval of the Sidwell
plans,
provided that the following conditions are incorporated into the
Board’s
order”: approved 6-0-0 (Wiss/Dennis), Commissioner Bardin recused.
(o) Motion to adopt condition # 1, and to insert
“307”
[parking spaces in the garage], “5” [parking spaces behind the Johnson
Building],
and “16” [parking spaces] by the “Zartman” [Building]: approved,
6-0-0
(Perry/Maudlin), Commissioner Bardin recused.
(p) Motion to change the verb from “be” to “must
include”,
to qualify the 307 parking spaces in the garage as “zoning compliant”,
and
to change “Zartman Building” to “Zartman House” in condition # 1:
approved,
6-0-0 (Maudlin/Bernardi), Commissioner Bardin recused.
(q) Motion to adopt condition # 2 (final condition #
6),
limit enrollment to a cap of 800: approved, 6-0-0
((Perry/Bernardi),
Commissioner Bardin recused. Chair Perry explained that to
increase
the enrollment cap beyond 800, Sidwell will have to return to the BZA.
(r) Motion to strike everything after the parentheses
in
condition # 2 (final condition # 6): failed, 3-3-0
(Maudlin/Bernardi),
Commissioner Bardin recused.
(s) Motion to adopt condition # 3 (final condition #
7),
but to amend it to read, “That all student drop off and pick up,
including
5th and 6th grade students, be on the grounds of Sidwell and not on
37th
Street or any other neighborhood residential streets”: approved,
6-0-0
(Perry/Kessler), Commissioner Bardin recused.
(t) Motion to adopt condition # 4 (final condition #
5),
transportation management plan, but to add “carpooling” after
“Metrocheck”
and recommend “15 percent” as the target reduction in vehicular
traffic:
approved, 5-1-0 (Perry/Kessler), Commissioner Dennis dissenting,
Commissioner
Bardin recused.
Commissioner Bernardi gave Commissioner Dennis her proxy and left.
(u) Motion to adopt condition # 5 (final condition #
8),
but to add “expanded” before “middle school” and to leave out the
name
of the building: approved, 4-2-0 (Perry/Dennis), Commissioners
Maudlin
and Wiss dissenting, Commissioner Dennis voting Commissioner Bernardi’s
proxy,
Commissioner Bardin recused.
(v) Motion to adopt condition # 6 (final condition #
9),
lighted tennis courts, but to strike “and for tennis camp”:
approved,
6-0-0 (Perry/Kessler), Commissioner Dennis voting Commissioner
Bernardi’s
proxy, Commissioner Bardin recused.
(w) Motion to adopt condition # 7 (final condition
#10),
construction management plan, but to add “in consultation with impacted
institutions,
residential neighbors, and ANC 3C and ANC 3F”: approved, 6-0-0
(Perry/Maudlin),
Commissioner Dennis voting Commissioner Bernardi’s proxy, Commissioner
Bardin
recused.
(x) Motion to adopt condition # 8 (final condition #
13),
neighborhood liaison committee, but to make it simply a quarterly
meeting
open to all neighbors and to add “That it provide written notice of
these
meetings to residents within 400 feet of the school”: approved,
6-0-0
(Maudlin/Perry), Commissioner Dennis voting Commissioner Bernardi’s
proxy,
Commissioner Bardin recused.
Commissioner Dennis left.
(y) Motion to adopt condition # 9 (final condition #
11),
landscaping plan, but to amend it to read “That Sidwell adopt a
detailed
landscaping plan showing type, size, and location of trees to be
planted
in order to screen the middle school, new gym, and new tennis courts
from
homes on Tilden, 37th, and Upton Streets and from The Washington Home
and
that this plan be accepted in writing by ANC 3C, ANC 3F, and residents
of
The Washington Home”: approved, 4-0-0 (Wiss/Maudlin),
Commissioner
Bardin recused.
(z) Motion to add a condition for a tree protection
plan
for trees on The Washington Home’s property, “That Sidwell adopt a
strong
tree protection plan for existing trees on The Washington Home's
property,
including the tall hedge by the proposed tennis courts, with a
commitment
to replace in kind any of these trees damaged in construction” (final
condition
# 12): approved, 4-0-0 (Wiss/Perry), Commissioner Bardin recused.
(aa) Motion to add a whereas clause before the fifth
whereas
clause on page two stating, “Whereas, Sidwell’s landscaping plan dated
5/28/04
is inadequate in detail and includes planting on The Washington Home’s
property
for which there is no agreement”: approved, 4-0-0
(Maudlin/Perry),
Commissioner Bardin recused.
(bb) Motion to add a condition to require all
student,
faculty, and staff parking on campus (final condition # 4):
approved,
4-0-0 (Wiss/Maudlin), Commissioner Bardin recused.
Commissioner Bardin left.
(cc) Motion to adopt a condition stating, “That all
student,
faculty, and staff cars be registered with the school, that Sidwell
provide
stickers to the driver, and that no students be allowed to park in
restricted
or unrestricted parking spaces on residential streets”: approved,
4-0-0
({Perry/Wiss).
(dd) Motion to adopt a condition stating, “that
Sidwell
develop a traffic management plan which includes monitoring the
neighborhood
for violators of the requirement for on campus parking and sanctions
for
such violations” (final condition # 13): approved, 4-0-0
(Maudlin/Perry).
(ee) Motion to adopt a condition that Sidwell provide
to
ANC 3F on a yearly basis a report certifying that it is in compliance
with
its BZA order (final condition # 14): approved, 4-0-0
(Perry/Kessler).
(ff) Motion to adopt a condition “That Sidwell
provide,
on a monthly basis, a calendar of school events with the anticipated
number
of attendees in writing to residents within a 400-foot radius of the
campus
and on its web site and to ANC 3F by e-mail”: approved, 4-0-0
(Perry/Maudlin).
(gg) Motion to designate Commissioners Kessler,
Perry,
and Wiss to represent ANC 3F before the BZA in this matter:
approved
4-0-0 (Perry/Maudlin).
(hh) Motion to adopt Resolution 04-19
as amended: approved,
4-0-0
(Perry/Kessler).
(ii) Finding no time left to draft and adopt a
report,
Chair Perry moved to strike the third whereas clause on page two
(stating
that a report is attached), seconded by Commissioner Maudlin:
failed
2-0-0 on first vote with Commissioners Kessler and Wiss dissenting, but
was
approved on second vote, 4-0-0.
Chair Perry then informed the ANC that this application is like a
campus
plan because it will be built in stages over a period longer than two
years.
The BZA rules require, though, that an applicant apply for building
permits
within two years of the application’s approval. The Zoning Commission,
not
the BZA, has jurisdiction for campus plans, but the campus plan
provisions
of the zoning regulations apply only to colleges and universities.
6. ADJOURNMENT [11:00 pm]
On motion of Commissioner Kessler, seconded by Commissioner Maudlin,
the
ANC voted 4-0-0 to adjourn until the regular monthly meeting on June
21,
2004.
These minutes were approved 5-0-0 by ANC 3F at a public meeting on June
21,
2004, with a quorum present.
Respectfully submitted,
/s/ Cathy Wiss
Cathy Wiss
Secretary, ANC 3F
Attachments:
Agenda with Brief Reports
Draft Resolution
Resolution 04-19