ANC 3C Minutes for October 21, 2013



Meeting Date: Oct. 21, 2013

Uploaded on: Jan. 7, 2014

Download Original

Edit This Information

3601 Connecticut Avenue, NW Suite L-06
Washington, DC 20008
Single Member District Commissioners
01-Lee Brian Reba * 02-Gwendolyn Bole * 03-Jeffrey Kaliel
04-Richard Steacy * 05-Margaret Siegel * 06-Carl Roller
07- Victor Silveira * 08-Catherine May * 09-Nancy MacWood
Meeting Minutes
Advisory Neighborhood Commission 3C
October 21, 2013 Public Meeting
Maret School Library, The Woodley
I. Establishment of Quorum
At 7:32pm Commissioner Silveira acknowledged that, with nine commissioners being present, a
quorum had been established and called to order Advisory Neighborhood Commission 3C’s (ANC3C)
regular public meeting on October 21, 2013. The meeting took place in the library of The Woodley at
Maret School, 3000 Cathedral Avenue NW. Other Commissioners present were Gwen Bole, Margaret
Siegel, Lee Brian Reba, Jeff Kaliel, Carl Roller, Catherine May, and Nancy MacWood.
II. Verification of Notice
Commissioner Silveira verified that notice was given on the ANC3C website, local community list
serves, Twitter, and in the Northwest Current newspaper.
III. Approval of Agenda
IV. Commissioner Siegel moved to approve the following agenda.
I. Establishment of Quorum
II. Verification of Notice
III. Approval of Agenda
IV. Announcements
V. Community Forum
VI. Consent Calendar
SMD05: HPRB application for 3703 Porter Street to install solar panels
VII. Commission Business
a) DC BOEE Presentation regarding ANC Precinct Realignment Proposal
b) ABRA Discussion
SMD04: Consideration of Class C Tavern ABRA License Renewals for the following agencies: Comment deadline: Nov 12, 2013
d) Nanny O'Brien’s Irish Pub (ABRA-076279)
e) Ripple (ABRA-024972)
Atomic Billiards (ABRA-019007)
SMD01/SMD04: Consideration of Class C Tavern ABRA License Renewals for the following agencies: Comment deadline: Nov 18,
h) Kennedy Warren Club LLC (ABRA-071753)
Cleveland Park Bar and Grill (ABRA-073821)
The Uptown Tap House (ABRA-089491)
k) ANC3C: Discussion regarding Height of Buildings Act for DC
ANC3C: Discussion regarding the Proposed Zoning changes for DC
m) SMD05: HPRB application for 3045 Ordway Street for a 2-story rear addition
VIII. ANC Coordination Issues
a) Mayor
b) Council
c) ANCs
IX. Officer's Reports, SMD Reports, Committee Reports, and Administration Issues
Approval of Minutes from the July 15, 2013 Meeting
Treasurer’s Report
Discussion regarding modification of ANC3C Grant Guidelines)
Administrative Issue:
Discontinue paper filing (with exceptions)
XI. Adjournment
Commissioner May requested that agenda be amended and move ANC3c issues following the ABRA and
DCBOEE discussions. The amendment was approved via voice vote. The agenda was approved by unanimous
voice vote.
IV. Announcements: No announcements were forthcoming.
V. Community Forum: No community issues were brought forth.
VI. Consent Calendar
• SMD05: HPRB application for 3703 Porter Street to install solar panels:
Commissioner Siegel informed the commission that this was a noncontributing house in the
Cleveland Park Historic District; she moved that the Commission have no objection to this
application. The motion carried by a unanimous voice vote.
VII. Commission Business
Note: The order of ABRA and BOEEE were reversed due to timeliness of attendance.
a) ABRA Discussion regarding licensure regulations:
Commissioner Reba opened the discussion by noting there was concern as to process whereby
entertainment licenses were approved by the ABC without ANC input or notice. Commissioner
MacWood asked to use Pulpo as an example of the confusion. Commissioner Steacy outlined the
events surrounding the entertainment endorsement- the entertainment endorsement was given
without community input, nor did Pulpo come before the ANC or the community to announce the
change in the endorsement. As a result, the ANC was locked out of the process. It is an issue as
the entertainment endorsement can carry on to the next business in that location.
Fred Moosally, Director of ABRA, made a presentation on behalf of ABRA, accompanied by Sarah
Fashbaugh. He stated that ABRA tries to have an open policy and to be transparent in their
conduct of business. ABRA will attend as many meetings as possible or necessary. Ms.
Fashbaugh is the Community Resource Advisor and works to provide information to the
community. She works outside adjudication process. ABRA’s goal is to give notice to the ANCs
45 days in advance, as 30 days wasn’t realistic. Notice is sent electronically and via snail mail.
Notice is sent if there is a new application or a transfer to new location. Liquor license
applications are one of the most important issues for the ANC to weigh in on.
Current renewals are for taverns at this time. Convenience stores / groceries stores will be
considered in March 2014, and liquor store licenses will be considered in March 2015.
Applications before ABRA are publically noticed by being published in the DC Register. An email
list is also available to see what ABRA will consider the following week. Under the current
statute, the ABRA Board makes the decision as to whether there is a substantial change to the
application. ANC will get notice of anything the Board determines to be a substantial change.
Other ANCs have passed formal resolution outlining items their Commission thinks are to be
considered as a substantial change.
Commission questions included whether there is a law that defines what is a substantial change
(Code lists what the board can consider as substantial), why does an endorsement convey with
the property (It is a Council decision that varies by state) and is the notification process 45
calendar days or business days? (Calendar days). Commissioners also expressed concern
regarding the fact that an endorsement conveys with the establishment as the neighborhood may
want a Voluntary Agreement to control the entertainment conveyance. Mr. Moosally noted that
a transfer of ownership does not permit changes to the endorsement. Additions to the
endorsement go before the Board as a substantial change. However, establishments can drop
endorsement items from their licensure without incurring a substantial change. Many do this for
financial reasons, as entertainment endorsements are more expensive.
RuthAnn Miller arrived at 7:57pm. She affirmed that notification may be obtained via an email
distribution to announce what will be considered. Otherwise one must read DC Register every
Friday. Ms. Miller also noted that ABRA does give ANCs great weight and stated that the more
specific you are, the more weight you are given. ABRA does care that the ANCs have access to
information necessary to do their job. Protests get placarded and notice of a hearing.
Substantial change also get placarded and hearings. Regarding how decisions are made, the
Board looks at the information that it has, i.e. the file on the agency and it makes a decision.
Some things are almost always a substantial change, such as an outdoor café with residences
across the street. The Board is pretty confident they are making the right decision. ANCs can
be proactive about an issue, but a resolution is not quite enough to be persuasive. If you say
why, (peace, order, quiet), it will get into the file. Regarding time constraints, the notice is
published on Friday for review on the next Wednesday. If the ANC notices an establishment on
the calendar in their SMD, the Commissioner should call and have it flagged for next meeting.
While the case won’t get great weight, the Board will take a closer look.
Ms. Miller also noted that ABRA has a new website and the home page tells you what you need to
know right now or generally. It also outlines a penalty schedule, how to file a complaint, allows
residents to search transcripts and trade names. It is good and logical way to get information.
The Commissioners should feel free to call the Director if there is a problem.
Concern was expressed regarding the calendar day notification limits around a holiday, when
residents may be traveling. Ms. Miller noted that by statute, the Council only gives ABRA 60 days
from placard to holding a hearing. Commissioners were in agreement that they would want to
flag any sort of entertainment endorsement by ABRA. Ms. Miller reiterated that any
communication should be specific – what streets/blocks, and why notification is necessary.
b) DC BOEE Presentation regarding ANC Precinct Realignment Proposal:
Clifford Tatum of the Board of Elections and Ethics made the presentation. Currently the ANC’s
are divided by precinct lines. There is no real reason for this except number of residents in
SMDs. However, it means that 550 different ballots must be printed each election year. BOEEE
proposes to redraw precinct lines to encapsulate each ANC SMD. Combining some SMDs may
occur to create a single polling location to match tradition. The realignment would reduce ballot
styles, which would save money and time.
1400 voters across the city would be relocated. Precincts would be renumbered to indicate
what precinct is in which ward. This new system would facilitate the addition of new precincts.
BOEEE is looking for feedback. There is a public hearing Thursday October 24, 2013. BOEEE is
also meeting with ANCs through November. The goal is to implement the realignment by
November 2014. Thus June/July 2014 is the minimum notification period.
Commission inquires included whether the ANC could vote on this proposal at the November
public meeting? Yes. How many SMDs vote in a single precinct? The largest precinct would only
have 4 SMDs. Are there going to be more electronic stations? Yes, precincts with 2 electronic
stations would add a third and those with none would add two. 10 paper stations would also be
available. Early vote centers would be expanded as well.
Precinct proposals include SMD3C01 and 03 votes at Leading Edge; SMD3C04 and 09 votes at John
Eaton School; SMD3C02 and 08 votes at Oyster School; SMD3C05 is proposed to vote at UDC;
SMD3C06 votes at MPD 2D, and SMD3C07 votes at Church of the Annunciation.
NOTE: Commissioner Siegel motioned to move the Ordway Street application before the Height
Act and Zoning discussions. Motion was approved by unanimous voice vote.
c) SMD05: HPRB application for 3045 Ordway Street for a 2-story rear addition:
Commissioner Siegel provided basic information on this project. Commissioner Siegel read and
moved a resolution on this matter, asking that the owners consult with urban forestry with
respect to removing two large trees. Arborists have been consulted, but not from Urban
Forestry. The motion was approved by unanimous voice vote.
d) SMD04: Consideration of Class C Tavern ABRA License Renewals for the following agencies:
Comment deadline: Nov 12, 2013
Nanny O'Brien’s Irish Pub (ABRA-076279)
Ripple (ABRA-024972)
Atomic Billiards (ABRA-019007)
Commissioner Steacy made a motion that the Commission have no objection to the block of
license renewals. The motion was approved by unanimous voice vote.
e) SMD01/SMD04: Consideration of Class C Tavern ABRA License Renewals for the following
agencies: Comment deadline: Nov 18, 2013
Kennedy Warren Club LLC (ABRA-071753)
Cleveland Park Bar and Grill (ABRA-073821)
The Uptown Tap House (ABRA-089491)
Commissioner Reba moved that the Commission have no objection to license renewal for the
Kennedy Warren Club. Commissioner Steacy moved no objection to the remainder. The motion
was approved by unanimous voice vote.
f) ANC3C: Discussion regarding Height of Buildings Act for DC:
Commissioner MacWood provided some background information on this issue. The Office of
Planning (“OP”) recommended that maximum building heights be raised from 130 feet to 200
feet inside the L’Enfant City, and that height restrictions be lifted entirely for areas outside the
L’Enfant City. She noted that 200 feet is a significant change and impacts view-sheds and the
monumental core. She read and moved a resolution objecting to the removal of the height
limits. Commission concerns included whether the DC Council was involved and timeliness of
public notice regarding the resolution. Commissioner MacWood noted that the Council was not
consulted but is holding a hearing on October 28, 2013.
Community comment focused on wanting to maintain a residential neighborhood and this would
change if builders began building tall buildings around residential dwellings.
The motion carried by a roll-call vote of 6-1, with two abstentions.
g) ANC3C: Discussion regarding Proposed Zoning Changes for DC:
Commissioner MacWood provided background in this issue. The Comprehensive Plan changed in
2006 so the Zoning Commission needs to conform to the Comprehensive Plan policies and update
terminology and concepts. The primary changes are in residential zones; not a lot of changes
are in commercial zones. Changing terminology pertains to apartments and row houses.
Significant changes focus on single-family neighborhoods. Commissioner MacWood noted that the
proposed resolution speaks to changes that have gotten the most attention. Commissioner
MacWood read and moved a resolution opposing several zoning changes in residential areas.
Commission comments included the fact that it is important for residents to age in place or earn
additional income, perhaps through basement apartments, and that many of the proposals are
not grounded in data and whether or not there is a need to change the current regulation. The
current zoning regulations do not include an allowance for apartments in the home as a matter
of right. Owners currently need special exception. Two zoning proposals will increase housing
opportunities- alley lot residence creations and removal of special exception for in-house
apartments. Arlington County requires an acre of land for an external apartment (this area is
one of the most progressive land use counties in the country). DC should want to move slowly to
see if the proposals meet housing needs and goals. Garage apartments externalize the problem
to the neighbors. Commissioner comments also included the timeliness of the notice for this
item on the agenda.
Commissioner May moved a friendly amendment to resolution, which was accepted. The motion
carried by a roll-call vote of 6-0, with three abstentions.
NOTE: Commissioner May left the meeting at 9:27pm
VIII. ANC Coordination Issues
a) Mayor: Commissioner Silviera met with other ANC chairs prior to the mayor’s meeting. He
believes that the ANCs need more notice to prepare something in common. ANCs should have
Officers Meetings midway between Mayor’s meeting to achieve common position on some
issues. Commission discussion noted that if there is a benefit to coordinating with other ANCs,
it might work with noncontroversial issues, such as ABRA issues.
Council: Commissioner Bole encouraged people to go to Councilmember Mendelson’s
meeting quarterly.
IX. Officer's Reports, SMD Reports, Committee Reports, and Administration Issues
Approval of Minutes from the September 16, 2013 Meeting: Commissioner Siegel moved
adoption of the minutes. Motion carried by majority voice vote. Commissioner Stacey
abstained as he was absent at the meeting.
Treasurer’s Report: Approval of 4th Quarter Financial Report: Commissioner Siegel noted
that ANC3C is relatively up to date with disbursements from the DC Auditor. A Budget will
be presented next meeting. Commissioner Siegel moved approval of the 4th Quarter
Financial Report. Motion was approved via unanimous voice vote.
SMD reports:
01: 2708 Woodley Place- Commissioner Reba noted that renovation and construction of the
home has extended to the front porch. He believes it lacks rhythm and character of the
neighborhood. He will follow up with HPRB on what basis was the porch approved and was
it in keeping with character of the neighborhood and historic district.
02: Commissioner Bole noted the new “Do not block box” sign at Connecticut Av and 24th St.
03: Commissioner Kaliel noted that there has been a crew doing tree pruning in the
05: Commissioner Siegel noted that the firehouse renovation is scheduled for completion in
January 2014. Also there will be a neighborhood and DDOT meeting regarding the Porter
Street and Quebec Street intersection. A new sign has been installed at the foot of Ordway
St. stating No Trucks. Finally two new public parking spaces are available on Ordway St.
Neighbors pursued a case for fraud and violation and the restricted parking is to be
06: Commissioner Roller noted that Sunday at 1:30pm there will be a fundraiser and silent
auction at the Macomb Dog Park.
09: Commissioner MacWood stated that the Macomb playground is finished and is great.
The spray park is turned off for winter.
Discussion regarding modification of ANC3C Grant Guidelines: Commissioner Silviera moved
to table this until November meeting. Motion approved by unanimous voice vote.
Administrative Issue:
• Discontinue paper filing (with exceptions)- Commissioner Silviera stated that ANC3C is
still looking into that with IT committee. He moved to table the discussion until next
meeting. Motion approved by unanimous voice vote.
• Office lease renewal- Commissioner Roller noted that the Broadmoor has not yet put forth
a new master lease for CPV. ANC3C will go month to month until the new master lease
is presented.
XI. Adjournment: Commissioner Steacy move to adjourn the meeting. Motion approved by unanimous
voice vote. The meeting was adjourned at 10:00pm
The next meeting of ANC3C is scheduled for Monday, November 18 at 7:30pm in the Second District
Police Station Community Room. Please check for any updates.