MINUTES
ADVISORY
NEIGHBORHOOD COMMISSION 3F
NORTH
CLEVELAND PARK, FOREST HILLS & TENLEYTOWN
PUBLIC
MEETING
Monday November 15, 2004
Capital Memorial Church
3150 Chesapeake Street, N.W.
Washington, D.C.
20008
1. CALL
TO ORDER [7:30 pm]
Chair
Perry called
the meeting to order and, finding Commissioners Kessler, Maudlin,
Bardin, and
Dennis present, declared a quorum.
2.
AGENDA
[7:31 pm]
The agenda was adopted 5-0-0 (Chair Perry moving,
Commissioner Bardin seconding).
3.
MINUTES
[7:31 pm]
The minutes were adopted 5-0-0 (Chair Perry moving,
Commissioner Maudlin seconding).
4.
ANNOUNCEMENTS
[7:32 pm]
A.
Announcements
by Commissioners:
Commissioner
Kessler announced that on November 16 at 6:30 pm UDC will hold a
ceremony to
dedicate its law library to former Councilmember Hilda Mason and her
husband. All are invited.
Commissioner
Dennis announced that he will be holding a single member district
meeting on
November 16 to discuss the proposed Clark Realty project on Tilden
Street. The meeting will be held at 7:30
pm in Room
1 of Huston Hall at the Howard University Law School.
Commissioner
Bardin announced that the Zoning Advisory Committee recently
recommended that
the Zoning Commission lift the prohibition on using permeable materials
to
surface parking spaces, as requested by ANC 3F.
Commissioner
Perry announced that Commissioner Bardin has been reappointed to the
Building
Code Advisory Committee.
B. Announcements
by members of the community:
No
announcements were
made.
5. OPEN
FORUM
No issues were raised.
6. MPD
SECOND DISTRICT REPORT
No one attended the meeting to give the
MPD report.
7.
ANC 3F
ANNUAL REPORT FOR
FY 2004 [7:40 pm]
Commissioner
Bardin, seconded by Commissioner Perry, moved approval of the ANC
Annual Report
for FY 2004, noting that he has added a new recommendation for city
action that
the District move into the forefront as a green city.
He stated he did not include a suggested recommendation that ANC
commissioners be given a tax credit against their DC income taxes
because he
believed it lacked support on the commission.
Commissioner Perry asked for inclusion of a recommendation that
all
inspection and enforcement agencies be staffed on evenings and
weekends, not
just MPD. ABRA, for instance, needs to
investigate complaints against liquor licensees for operating after
hours.
Commissioner Wiss
arrived.
After
Commissioner Wiss complimented Commissioner Bardin on his work on the
Annual
Report, it was approved 5-1-0 (Commissioner Dennis opposed).
8.
BZA APPLICATION NO. 17251 FOR SPECIAL
EXCEPTIONS AT
3715 ALBEMARLE STREET, NW [7:52 pm]
Paul O’Reilly, co-owner of 3715 Albemarle Street,
explained that he and his wife decided to expand their house after she
became
ill last year with a disease that makes her sensitive to sunlight. Their home is in a row of nonconforming
duplexes in an R-1B zone. They hired a
contractor from Maryland, who said he “would take care of everything,”
but did
not ask whether he was licensed in the District or whether he had
obtained the
necessary permits. After the work was
started, DCRA told them permits were needed and placed a stop work
order on the
project. In addition, they were told
they needed special exceptions under Section 223 for the side yard,
rear yard,
and lot occupancy of the addition. At
the time of the stop work order, the basement and first level porch had
been
built. He stated he intends to use the
basement for storage and does not plan to heat or air condition the
porches.
Architect David Kacar of Dunkirk, Maryland, stated he had
been hired to prepare the application for special exceptions and was
not
involved with the construction. He
explained that this addition is an extension of an enclosed rear porch,
a
feature common to this row of houses.
The addition will be about 20 feet high, have no windows on the
side
facing 3713 Albemarle Street, and be finished in stucco like the rest
of the
house. He has seen construction
drawings that show the footing has a one-foot offset from the property
line and
does not extend beyond the outside wall of the addition.
Gutters will be installed to take storm
water to the side of the house away from 3713 Albemarle Street.
George Psillos of Potomac, Maryland, spoke in opposition
to the project on behalf of his mother, Emilia Psillos, who has lived
at 3713
Albemarle Street since 1968, but does not speak English.
About a year ago, they noticed a large ditch
had been dug next door that was gathering water, which was pumped out
across
her property to the street. Then they
saw more extensive excavation for a basement, and finally a foundation
and
first floor being built. Dirt from the
excavation was used to fill in the O’Reillys’ back yard for an elevated
patio, causing
the fence between his mother’s and the O’Reillys’ properties to fall
down and
water to drain into his mother’s yard.
Mosquitoes now breed in the standing water. He
stated that the addition is big for these houses. It
obstructs light and views, and keeps his
mother from growing plants. Mildew has
formed because light cannot get in to dry it up.
Through translation, Emilia Psillos said the O’Reillys
told her they were relocating their back steps, not that they were
building an
addition. Since the building went up, she
has been “very upset.” The lack of
sunlight keeps her from growing flowers in her back yard.
She is afraid to walk in her back yard
because of the mildew. Water is
draining onto her property from the addition because it does not have
gutters.
John Matthews, son-in-law of Mrs. Psillos stated that he saw
a bathroom being installed in the basement and believes there will be a
bedroom
in the addition.
Commissioner Wiss recounted that she had talked to other
neighbors, who also oppose the addition.
She moved adoption of Resolution 04-32, seconded by Commissioner
Dennis,
but with the addition of language about the mildew problem. Friendly amendments were accepted to modify
“work” with “construction” in the 7th whereas clause
(Commissioner
Bardin); to add “to create living spaces” to the 3rd whereas
clause
(Commissioners Kessler and Dennis); and to indicate that approval of
this
project would set a bad precedent for the neighborhood (Commissioner
Perry). Resolution 04-32 was then
approved 6-0-0.
9.
TRAFFIC
IMPROVEMENTS AT
EXIT TO UDC GARAGE ON VAN NESS STREET [8:54 pm]
Susan McKinsey,
Director of Governmental Affairs for UDC, spoke about the need to
implement the
short-term recommendations from the Connecticut Avenue Traffic Study to
improve
safety at the exit from the UDC parking garage on Van Ness Street,
where there
have been many accidents. Commissioner
Perry urged UDC to work on the Traffic Study’s long-term
recommendations, as
well.
Commissioner Kessler,
seconded by Commissioner Bardin, moved adoption of Resolution 04-33 to
replace
the existing mirror in the median of Van Ness Street with a larger
mirror,
eliminate two parking spaces by the UDC exit driveway, and install a
"hidden
driveway" sign on westbound Van Ness Street 150 feet before the exit
driveway with blinking lights to increase the awareness of drivers of
the
possibility of entering cars. Although
Ms. McKinsey stated that UDC also supports a “hidden driveway” sign on
eastbound Van Ness Street as recommended in the Traffic Study,
Commissioner
Kessler explained that he believes a sign on that side of the street
would be
unnecessary and possibly confusing. Friendly
amendments were accepted to add “closest to and east of”
(Commissioner Maudlin) and “metered” (Commissioner Perry) to describe
the
parking spaces to be removed. Commissioner
Maudlin moved, seconded by Commissioner Perry, to strike the request
for
blinking lights on the hidden driveway sign.
This amendment failed 2-4-0 (Commissioners Kessler, Bardin,
Dennis, and
Wiss opposed). Commissioner Wiss then
moved a friendly amendment, which was accepted, to request a “hidden
driveway”
sign on eastbound Van Ness Street.
Resolution 04-33 was approved 6-0-0.
10.
APPLICATION FOR AN ENCLOSED SIDEWALK
CAFÉ AT NEISHA THAI RESTAURANT, 4445 WISCONSIN AVENUE, NW [9:12 pm]
Rich
Kitchrayotin, owner of the Neisha Thai Restaurant, and Rich Markus of
Rich
Markus Architects presented plans for a sidewalk café on Albemarle
Street
adjacent to the restaurant. Mr. Markus
explained that Public Space officials had determined this should be
classified
as an enclosed sidewalk café because of the platform, railing, awning,
and
roll-down plastic siding. Mr. Kitchrayotin
stated he plans to operate the café only during fair weather, but that
the
roll-down siding is needed to protect diners if a rain storm
materializes after
they have been seated. The application
is for year-round use because the structure will occupy public space
throughout
the year. The café will not be heated,
but could be used on warm days in the winter.
Mr. Kitchrayotin does not intend to add glass siding later.
Commissioner
Wiss, seconded by Commissioner Kessler, moved Resolution 04-34. Commissioner Maudlin moved a friendly
amendment, which was accepted, to add “sidewalk” to “café” in the 5th
whereas clause. He then moved to strike
from the resolution clause a recommendation for a gutter along the edge
of the
awning. This amendment was accepted
after Mr. Markus explained that the gutter would cause unpleasant and
possibly
hazardous pooling of water on the sidewalk.
Commissioner Kessler moved to include a recommendation for
plantings on
the railing and inside the café.
Commissioner Wiss pointed out that plantings would be difficult
to
install on the railing because of the roll-down siding and that if
installed to
hang over the sidewalk, they would impede pedestrians trying to
negotiate the
small space between the deck and Metro grates.
Most outdoor plants would be hard to sustain in the low light
inside the
café. The motion failed for lack of a
second. Resolution 04-34 was approved
6-0-0. Commissioner Perry then asked
that the resolution include the public space application number, the
lot and
square, and information on the owner of the property.
11.
REPORT ON THE WISCONSIN AVENUE CORRIDOR
TRANSPORTATION STUDY [9:34 pm]
Commissioner Wiss reported on the
scope of work for the Wisconsin Avenue Corridor Transportation Study
(WACTS),
which can be viewed on the DDOT web site.
Issues of concern are: (1) DDOT
plans to study only the Albemarle Street and Nebraska Avenue legs of
the
multi-street Albemarle-Nebraska-39th-Grant Road
intersection; (2)
DDOT does not intend to study the congested intersection of Reno Road
and Van
Ness Street; and (3) the scenarios defined for future development on
the
corridor do not reflect the potential development under the Upper
Wisconsin
Avenue Corridor Study. Commissioners
Kessler and Perry stated that counts were taken at Reno Road and Van
Ness in
the Connecticut Avenue Traffic Study.
Commissioner
Maudlin, seconded by
Commissioner Wiss, moved that the Commission send a letter to DDOT
urging that
DDOT also include 39th Street and Grant Road in the study of
the
Albemarle Street and Nebraska Avenue intersection.
The ANC approved Letter 04-07 by a vote of 6-0-0.
12.
QUARTERLY
REPORT FOR THE 4TH QUARTER OF FY 2004 [9:42 pm]
The commission approved the Quarterly Report 6-0-0 (Commissioner
Kessler moving, Commissioner Bardin seconding).
13.
TREASURER’S REPORT FOR OCTOBER [9:46
pm]
The commission
accepted the treasurer’s report for October 2004. Commissioner
Kessler pointed out that the DC Auditor disallowed a
check written on the ANC’s account with only one signature. He is researching the issue.
He also reported that he spent less than
allocated on the ANC printer and software and that he has transferred
$15,000
to the ANC’s savings account, as approved at the October ANC meeting.
14.
ADJOURNMENT
[10:02 pm]
Chair Perry announced that if a December meeting is
necessary, it will be held on December 13 at the Capital Memorial
Church. Otherwise, the next regular
monthly ANC
meeting will be held on January 10, 2005, at 7:30 pm, also at the
Capital
Memorial Church. The meeting adjourned,
6-0-0 (Commissioner Kessler moving, Commissioner Bardin seconding).
These
minutes were approved 7-0-0, with a quorum present, at a duly noticed
public
meeting of ANC 3F on January 10, 2005.
Respectfully
submitted,
/s/ Cathy
Wiss
Cathy
Wiss, Secretary
Attachments: