Advisory  Neighborhood   Commission  3F FOREST HILLS & NORTH CLEVELAND PARK

1. CALL TO ORDER

Chair Bardin called the meeting to order at 7:30pm. Commissioners Kogan, Perry, Maudlin, Mitchell and Heinrich were present. Six of the seven commissioners being present, Chair Bardin declared a quorum.
 

2. AGENDA

A presentation by Neighborhood Stabilization Officer Victor Brown was added to the agenda and the agenda was adopted. 6.0.0. (See attached agenda)
 

3. MINUTES

Minutes of the April 17, 2000 ANC3F meeting were approved. 6.0.0.
 

4. ANNOUNCEMENTS
 

A. Ms. Barbara Simons, President of the Forest Hills Citizens Association, announced the results of a poll of the FHCA members regarding the proposed location of the Jewish Primary Day School on Chesapeake Street/Gates Road. She reported that of a total of 242 votes, 167 opposed the school locating on Chesapeake Street/Gates Road site, 21 supported, 31 wanted FHCA to remain neutral and 23 votes were invalid.  (Note: on June 25, 2000 the results of the opinion poll were revised to: 257 votes cast, 23 invalidated, 30 remaining neutral, 26 supported and 178 opposed JPDS proposal)
 

B. Mr. Marvin Tievsky, Friendship-Tenleytown Citizens Association, announced a meeting with Acting Fire Chief Thomas Tippett to consider the proposed replacement of the Tenleytown Firehouse. The meeting will be at 7:00pm, May 23 at the Tenley-Friendship Branch Library.
 

C. Dr. Michelle Cochran announced plans for the "community build" to install new play equipment at the Forest Hills Playground on June 3 and 4. There is still a need for volunteers with tools on the two days and to unload the equipment on June 2. There will be an opening celebration at 11:00am on June 10 at the playground.
 

5. OPEN FORUM
 

A. Ms. Kathy Wiss, Tenleytown Neighbors Association, reported that the Association had rejected, 65.0.1, a new proposal to build 17 townhouses at 3901 Albemarle Street. Chair Bardin suggested that Ms. Wiss discuss the situation with Commissioner Heinrich.
 

Ms. Wiss also asked the ANC to support a parking plan for the Wilson High School area developed by the school's students.
 

B. Mr. Ralph White asked the ANC to support a request for a traffic light at Chesapeake Street and Nebraska Avenue.
 

C. Mr. Marvin Tievsky asked the ANC to support improvement of the landscaping on the north side of the Friendship Post Office.
 

6. COMMANDER PETER NEWSHAM, 2^nd DISTRICT, MPD

Commander Newsham presented information on crime in the 2^nd District and specifically in the ANC3F area. He said one of the major problems in the ANC3F area is traffic and he outlined steps being taken by the 2^nd District to address traffic problems. He has requested three additional traffic cameras for the ANC3F area. Commander Newsham has ten traffic control officers during rush hours, and has assigned one to work at Connecticut and Nebraska Avenues in the morning and at Connecticut Avenue and Van Ness Street in the evening.

He said members of the community could contact him by e-mail at: mpdc2dcmdr@aol.com and, since he is not available at all times, he asked people with problems to contact the "Watch Commander" at the 2^nd District station (202) 282-0070.
 

7. MR. VICTOR BROWN, NEIGHBORHOOD STABILIZATION OFFICER

Mr. Brown described the functions and goals of the DCRA's neighborhood stabilization officer program which is headed by Ms. Arla Scott (202) 442-4425. He said that the program was developed to help District residents successfully present their concerns and problems to the correct agencies and offices of the DC government.

Mr. Brown's telephone number is (202) 442-4395 and the best time to reach him is from 8:30am to 11:00am.

Commissioner Perry said some problems require inspection visits after normal business hours. Mr. Brown suggested contacting Mr. Paige at (202)645-6187 on issues involving rodent infestation.

Chair Bardin asked when ANC3F would receive a response to questions submitted to DCRA Director Jordanand Mr. Brown responded that there would be a response prior to the June 19, ANC meeting.
 

8. BUSINESS ITEMS
 

A. Howard University Compliance with Conditions Contained in BZA Approved Law School Campus Plan

Commissioner Perry presented information regarding Howard University's repeated violations of operating conditions in the BZA approved West Campus Plan. Mr. Gary Mummert, President of the Van Ness East Condominium Association, gave details of the start times and problems of noise caused by construction activities. Commissioner Perry discussed a resolution she had prepared to petition the BZA to rescind the special exception approval given to Howard University for the West Campus Plan and to DCRA to suspend all building permits issued for construction on the West Campus.

Ms. Cynthia Giordano, attorney with Linnowes & Blocher, representing Howard University said the University was working to resolve the problems and would respond to the concerns detailed in the proposed resolution.

Commissioner Perry moved the resolution, which was seconded by Commissioner Maudlin. The motion passed 7.0.0. Commissioner Fitzgerald voted by proxy. (See attached Res 00-13)
 

B. Proposed Apartment Building 3883 Connecticut Avenue

Commissioner Kogan proposed that ANC3F support a resolution requesting that, as provided for in the DC Code, the DC government through the Department of Health prepare an environmental impact statement for the proposed apartment building at 3883 Connecticut Avenue. Commissioner Kogan explained the DC Code requirements for preparing an EIS and the likely substantial negative impacts on the environment if the building is constructed. Commissioner Kogan moved the resolution, which was seconded by Commissioner Maudlin. The motion passed 6.0.0. Commissioner Fitzgerald voted by proxy. (Commissioner Bardin recused himself from the discussion and Commissioner Kogan presided.) (See attached Res 00-14)
 
 
 

C. Proposed Public Space Permit for Bike Rack at Gold's Gym

Commissioner Perry presented an application by Gold's Gym for a public space permit to install a bike rack in public space on Connecticut Avenue in front of the establishment. Commissioner Perry advised the ANC that a representative of Gold's Gym had agreed to police the area in front of Gold's Gym and to plant and maintain the tree box area in front of the gym. After discussion of the proposed location of the bike rack the ANC moved and voted to table action while Commissioner Perry continues to negotiate the terms of the ANC's approval of the bike rack. 6.0.0.
 

D. Proposed Renewal of ABC Licenses
 

1. Armand's Chicago Pizzeria - 4231 Wisconsin Avenue.

Commissioner Bardin moved and Commissioner Heinrich seconded a motion not to oppose the license renewal provided Armand's signs the same agreement that was signed in 1992. 3.2.1.
 

2. Schlotzky's Deli - 4340 Connecticut Avenue.

Commissioner Bardin moved and Commissioner Perry seconded a motion not to oppose the license renewal provided Schlotzky's sign a voluntary Agreement. 6.0.0.
 

3. Charlie Chiang's Restaurant & Lounge - 4250 Connecticut Avenue.

Due to the fact that the establishment is closed during renovation of the building and will move within the building, Commissioner Perry moved and Commissioner Kogan seconded a motion to delay action on the renewal until the June ANC3F meeting. A letter is to be sent to the ABC and Charlie Chiang's Restaurant requesting an extension of time for the ANC to act on the renewal. 6.0.0.
 

4. Jandara - 4237 Wisconsin Avenue.

No action was taken on the renewal and it will be considered at June ANC3F meeting.
 

9. TREASURERS REPORT

Commissioner Kogan presented the April Monthly Financial Report and pointed out that there is a discrepancy between the April and March reports but not between the April and January-March quarterly report. The April report was approved subject to reevaluation of the March report and amendment as necessary. 6.0.0.
 

10. ADJOURNMENT

The meeting adjourned at 11:12pm 6.0.0.

The next meeting is scheduled for 7:30pm, June 19, 2000.
 

Respectfully,
 

Robert. V. Maudlin

Secretary ANC3F
 

__________________________________________________________________________ ____________________

? Time ???Times shown at left are targets [which are not binding] See other side for brief status reports.

7:30 Call to Order and Determination of a Quorum
 Approval of Agenda
   Approval of Minutes of Apr. 17, 2000, meeting [Comm. Maudlin]

7:35  Announcements by commissioners and members of the community
 • DPW plans for reconstruction of Broad Branch Road [see over]
 • Forest Hills Playground volunteers and some tools needed for June 3-4 weekend community build [see over]

7:40  Open Forum - for community members to bring up matters not on the agenda

7:50 Presentation by Commander Peter Newsham
 Metropolitan Police Department, Second District

 Presentation by Victor Brown, Neighborhood Stabilization Coordinator, Department of Consumer & Regulatory Affairs (DCRA)

8:25 Howard University Compliance with Conditions Contained in BZA-Approved Law School Campus Plan [Comm. Perry] [Proposed Resolution]

9:00 Proposed Public Space Permit for bike racks at Gold's Gym [4310 Connecticut Avenue] [Comm. Perry] [Response to DPW Public Space Records & Permits Branch]

9:05 Proposed renewal of ABC licenses [Agreements and Letters to ABC Board]

 • Armand's Chicago Pizzeria [4231 Wisconsin Ave.] App. # 8933 [Comm. Heinrich]
 • Schlotzky's Deli [4340 Connecticut Avenue] App. # 10186 [Comm. Perry]
 • Charlie Chiang's Restaurant & Lounge [4250 Connecticut Avenue] App. # 24996 [Comm. Perry]
 • Jandara [4237 Wisconsin Avenue] App. # 7970 [Comm. Heinrich]

9:15 Proposed apartment building at 3883 Connecticut Avenue [Comm. Fitzgerald] - [Discussion of need for resolution regarding Environmental Impact Statement]

9:30 Approval of Treasurer's monthly report for April [Comm. Kogan]

9:35 Adjournment to June 19, 2000, at 7:30 pm at Capital Memorial Church.
BRIEF REPORTS:

Forest Hills Playground, 3100 Chesapeake Street.  Commissioner Maudlin: The Department of Parks and Recreation contracted for new equipment as recommended by the neighborhood parents' playground committee.  For further information and to sign up to participate in the community build on the weekend of June 3-4 contact Michelle Cochran, (202) 237-6617).

4512 28th Street.  Commissioner Kogan: At its April 18 public meeting, the Board of Zoning Adjustment announced its decision to set aside the building permits.  A written decision has not yet issued.  The developer has asked the BZA on May 8, 2000, to set a new hearing before the BZA.  Previously, the neighbors alleged ex parte contact between the BZA chair and DCRA.

Albemarle Street striping  Commissioner Maudlin: The  Department of Public Works has not yet corrected its error in yellow-striping Albemarle Street between Connecticut & 39th.  (1) On April 19, 1999, ANC3F voted unanimously to support adhering to the drawings of street markings, M-2052 dated July 9, 1986 and M-2076 dated March 4, 1987, revised June 14, 1993, which did not provide for continuous yellow center line.  (2) On July 30, 1999, the Chief of the Traffic Operations Branch, recommended a new street marking drawing, M-2286, which included traffic calming measures but did not include a continuos yellow center line.  (3) On November 15, 1999, ANC3F unanimously approved a resolution supporting the traffic calming measurers provided for in Drawing No. M-2286 (including the white parking lines).  (4) On or about March 1, 2000, Albemarle Street was marked with a continuous yellow center line.  (5) On March 2 DPW staff advised ANC3F that the yellow center line was an error and will be removed.

3901 Albemarle Street  Commissioner Heinrich: The Zoning Commission awaits applicant's  in response to Office of Planning's report calling for lower density development.  The ZC should issue a new notice to the ANC after applicant files a revised proposal.  ANC 3F will plan a Joint Meeting with ANC 3E on this matter after the ZC re-notices,  Albermarle Associates - ZC Case No. 00-073C [application for Consolidated Planned Unit Develpmnt & Zoning Map Amdmt]

Broad Branch Road.  Chair Bardin:  DPW has advised that it plans to reconstruct this road and has had its engineering consultant share about 170 detailed design drawings with our ANC.  The Chief of the Design & Engineering Division, Mr. Harbhajan Sandhu, will come to our June 19 meeting with members of the design team to discuss preliminary plans and seek neighborhood input.  He would like to get final DPW approval in the late summer and begin work in the Spring of 2001.  The project, which may take 12-18 months, would be in the Single-Member Districts of Commissioners Maudlin and Kogan, who will take charge of studying the proposals.

Exxon Station, 5030 Connecticut Avenue (corner Nebraska).  Commissioner Bardin: ANC 3G also approved the neighborly settlement agreement as approved by ANC 3F and all Parties had signed as of April 20, 2000.  Exxon advises that it plans to disconnect the backlighting behind the red-panel portions of the canopy by May 31, change the yard lights to reduce the wattage and substitute sodium vapor ballasts by May 31, and complete the new landscaping by June 10.

Metro Station canopies.  Chair Bardin: The Board of Metro has adopted a program to cover open escalators.  A "standard" canopy is installed at Arlington Court House Station, Plaza exit.  We have invited Metro representatives to our June 19 meeting to discuss.

__________________________________________________________________________ _____________________
Res. 00-13

 WHEREAS, the Board of Zoning Adjustment issued an order dated October 1, 1997, approving Application No. 16110, of Howard University for a special exception under Section 210 and Subsection 302.1, to update an approved west campus plan in an R-1-A/R-2 District, and

 WHEREAS, the BZA approved application #16353 for further processing and an amendment to the West Campus Plan, dated June 17, 1998, and

 WHEREAS, the Board of Zoning Adjustment ordered the application be granted, subject to thirteen conditions, which were voluntarily and mutually agreed upon by ANC 3F, the residential community, and Howard University and their attorney, to address the concerns of the residential community with respect to the Campus Plan and to address neighborhood problems that resulted from the 1994 Campus Plan; and

 WHEREAS, Title 11 of the Dictrict of Columbia Municipal Regulations, Subsection 3205.3, states "If a building permit or certificate of occupancy has been issued under the authority of a decision of the Board of Zoning Adjustment to approve a special exception or variance, then for the purposes of Subsections 3205.4 and 3205.5 of this section, each condition to the approval of the special exception or variance shall be treated as a condition to the issuance of the building permit or certificate of occupancy;

 WHEREAS, Howard University has repeatedly violated, and continues to violate, Operating Conditions #2, #3, #4; #6, #7, #10; and  #13; and violated other statements contained in their West Campus Plan submission to the Board concerning programming at the campus, special events, traffic and parking; and

 WHEREAS, DCRA has sent inspectors to speak with Howard representatives concerning the early morning (prior to 6 a.m.) late evening (2:30 a.m.) and weekend construction and, in some cases, DCRA reported to the community that they had issued "stop work" orders to no avail; and

 WHEREAS, at meetings with representatives of the Boards and Management of Van Ness South and Van Ness East and two ANC Commissioners, Howard representatives have been unable or willing to address compliance and/or a timeframe for compliance with the Operating Conditions, and
Resolution re Howard University
Page 2
 
 
 

 WHEREAS, requests to Howard through their attorney to seek compliance with the BZA order have gone unanswered;

 WHEREAS, the Zoning Regulations for a special exception by a college or university in an R-1-A/R-2 district require that the granting of the special exception would not become objectionable to neighboring properties because of noise, number of students, vehicular traffic, or other objectionable conditions;

 WHEREAS, ANC 3F, at its Public Meeting on May 15, 2000, heard from residents and received documentation of the violations to the operating standards which conditioned approval of the West Campus Plan;

 BE IT RESOLVED, that ANC 3F, petitions the Board of Zoning Adjustment, to suspend and rescind the special exception approvals given to Howard University for the 1997 West Campus Plan and for further processing of that campus plan in 1998,

 and

 BE IT FURTHER RESOLVED, that ANC 3F, in accordance with Title 11, Subsection 3205.3 of the Municipal Code, requests the Zoning Administrator and the Building and Land Regulation Administrator immediately suspend and rescind any and all building permits issued for construction of the law library building and any other building on the West Campus and to issue a stop work order or orders.
 
 
 
 
 

Approved at a duly noticed, regular monthly business meeting on
May 15, 2000, with a quorum present, by a vote of 7-0-0.
 
 

______________________________  ____________________________
CHAIR           &nbs p;             & nbsp;            &nbs p;            SECRETARY

__________________________________________________________________________ ____________________

Res. 00-14

WHEREAS:  Clark Realty Capital has submitted an application to the DCRA for a permit to construct a nine-story apartment building on the property at 3883 Connecticut Avenue NW, and

WHEREAS: the proposed apartment building will have 168 living units, five underground levels, and parking for 173 cars, and

WHEREAS: The Project is estimated to cost in excess of 17 million dollars, and

WHEREAS: the DC Code, §6-982, defines a major action as one that costs over one million dollars, in 1989 dollars, and

WHEREAS: The Project meets the definition of a major action, and

WHEREAS: The project, if implemented, is likely to have substantial negative impacts on the following:

 that portion of Rock Creek Park and Melvin Hazen Trail adjacent to and in the immediate vicinity of the proposed project;
 the flora and fauna in the area surrounding the proposed building site;
 the air, noise and visual environment of area surrounding the proposed building site;
 traffic on the already overly congested Connecticut Avenue corridor; and
 elements of the property at 3901 Connecticut  Avenue which already have been designated as having historical significance.

WHEREAS: townhouse development in addition to development of the proposed nine story apartment building is probable (based on information provided by Clark Realty Capital) and it is good planning practice to consider the impact of the total development when assessing negative impacts on the physical environment;

WHEREAS: According to the DC Code, §6-983, (a)  Whenever the Mayor or a board, commission, authority, or person proposes or approves a major action that is likely to have substantial negative impact on the environment, if implemented, the Mayor, board, commission, authority, or person shall prepare or cause to be prepared, and transmit, in accordance with subsection (b) of [§6-983], a detailed EIS at least 60 days prior to implementation of the proposed major action, unless the Mayor determines that the proposed major action has been or is subject to the functional equivalent of an EIS

BE IT THEREFORE RESOLVED: Unless the Mayor determines that the proposed major action has been or is subject to the functional equivalent of an EIS and is exempt from the requirement for an environmental statement, that an environmental impact statement be prepared under the requirements of Subchapter VI of the DC Code.

BE IT FURTHER RESOLVED:  If the Mayor receives a staff recommendation or if the Mayor determines that the proposed major action has been or is subject to the functional equivalent of an EIS and is exempt from the requirement for an environmental impact statement, that this recommendation or determination be furnished to ANC3F for review and comment prior to final action by the Mayor.
 

Approved at a duly-noticed, regular monthly business meeting on May 15, 2000, with a quorum present, by vote of 6-0-0.  (One Commissioner recused)
 
 
 
 

______________________________      &n bsp;          _________________________
Chair                          &n bsp;              ;             &n bsp;              ;    Secretary
 
 

DC Code

SUBCHAPTER VI
ENVIRONMENTAL IMPACT STATEMENTS

§ 6-982. Definitions.

For the purposes of this subchapter, the term:
(1) "Action" means (A) a new project or activity directly undertaken by the Mayor or a board, commission, or authority of the District government or (B) a project or activity that involves the issuance of a lease, permit, license, certificate, other entitlement, or permission to act by an agency of the District government.
(2) "Major action" means any action that costs over $1,000,000 and that may have a significant impact on the environment, except that, subject to the exemptions in § 6-986,
 

§ 6-983. Environmental Impact Statement requirements.

(a)  Whenever the Mayor or a board, commission, authority, or person proposes or approves a major action that is likely to have substantial negative impact on the environment, if implemented, the Mayor, board, commission, authority, or person shall prepare or cause to be prepared, and transmit, in accordance with subsection (b) of this section, a detailed EIS at least 60 days prior to implementation of the proposed major action, unless the Mayor determines that the proposed major action has been or is subject to the functional equivalent of an EIS…
(b)  The Mayor, board, commission, or authority shall transmit a copy of any EIS prepared pursuant to subsection (a) of this section to the Council, any District agency that has responsibility for implementing the major action or special expertise with respect to any environmental impact involved, and any affected Advisory Neighborhood Commission. A copy of the EIS shall be made available for review by the public in the main office of the agency primarily responsible for implementing or permitting the proposed major action. The Mayor, board, commission, or authority shall provide a reasonable period consistent with subchapter I of Chapter 15 of Title 1, for comment on any EIS required to be prepared pursuant to subsection (a) of this section. If 25 registered voters in an affected single member district request a public hearing on an EIS or supplemental EIS or there is significant public interest, the Mayor, board, commission, or authority shall conduct a public hearing pursuant to the rules issued in accordance with § 6-989(a).
(c) (1)  The Mayor, board, agency, commission, or authority of the District government shall determine within 30 days, excluding Saturdays, Sundays, and legal holidays, of receipt of an application for a proposed major action whether an EIS is required, if the action involves the grant or issuance of a lease, permit, license, certificate, or other entitlement by a District agency.
(2) If the Mayor, or a board, commission, or authority of the District government determines that an EIS is not required for a major action that is likely to involve the creation, use, transportation, storage, or disposal of a hazardous substance, the Mayor shall prepare, make available for public inspection, and transmit to the Council a written determination that describes why an EIS is not required prior to the grant or issuance of any applicable lease, permit, license, certificate, entitlement, or permission to act.
(3) If the major action involves the grant or issuance to an applicant of a lease, permit, license, certificate, or other entitlement by a District agency:
(A) The agency shall notify the applicant, in writing, if a determination has been made that an EIS is required. Notice of the determination and the findings that support the determination shall be kept on file by the Mayor…

………………….

(C) The applicant shall assist the Mayor, or the board, commission, or authority at any stage of the review of the proposed major action by timely submitting all relevant information concerning impact, costs, benefits, and alternatives. The Mayor, board, commission, or authority shall deny a proposed action, if the applicant fails to submit relevant information as specified in rules promulgated pursuant to § 6-989.
 

§ 6-984. Adverse impact findings.

If the EIS identifies an adverse effect from a proposed major action and contains a finding that the public health, safety, or welfare is imminently and substantially endangered by the action, the Mayor, board, commission, or authority of the District government shall disapprove the action, unless the applicant proposes mitigating measures or substitutes a reasonable alternative to avoid the danger.
 

§ 6-986. Exemptions.

(3) Whose impact on the environment has been considered in the functional equivalent of an EIS