GOVERNMENT OF THE DISTRICT OF COLUMBIA
ADVISORY NEIGHBORHOOD COMMISSION 3D
PALISADES · KENT · SPRING VALLEY · WESLEY HEIGHTS ·
NEW MEXICO/CATHEDRAL · THE AMERICAN UNIVERSITY · FOXHALL VILLAGE
Advisory Neighborhood Commission 3D Minutes
Regular Meeting
Wednesday, January 8, 2014
The regular monthly meeting of ANC3D was held at the American University School of International Service,
Room 333, Washington, DC, 20016, on the second Wednesday of the month, January 8, 2014. Chair Penny
Pagano opened the meeting at 7:00 PM. Other Commissioners present: Michael Gold, Rory Slatko, Kent
Slowinski, W. Philip Thomas, Gayle Trotter, Nan Wells, and Joe Wisniewski, Stu Ross, and Thomas M. Smith.
There were over 30 people in the audience during the session. The meeting was covered in the January 15,
2014 issue of the Northwest Current on pages 1 and 10.
7:00: Executive Session – Administrator’s contract discussion (not open to the public).
7:30: The meeting was opened to the public.
Police Report: Officer Tony McElwee provided a crime and traffic report.
Community Concerns:
American University Campus Security representatives Dan Nichols and Phil Norris spoke about the recent AU
campus lockdown. Commissioner Smith expressed concern that AU officials provided no notice to nearby
residents of the lockdown. Nichols responded that this was not the responsibility of the University.
American Heart Association's 24th annual Lawyers Have Heart 10k Run & Fun Walk - Lindsey Difazio,
Development Director for Lawyers Have Heart, presented information about the American Heart Association
event on Saturday, June 14, 2014. Commissioner Thomas moved to support the application, Commissioner
Ross seconded and the vote was 7-0-3 in support of the motion; Commissioners Wisniewski, Trotter, and Gold
were out of the room at the time of the vote (Attachment 1).
DDOT’s Canal Road Study - Paul Hoffman, DDOT's Supervisory Civil Engineer, presented information on the
DDOT Canal Road Study. The Canal Road study involves traffic, signage, drainage and slope stabilization issues.
Mr. Hoffman is the Wards 3 and 4 program manager for DDOT. DDOT is identifying safety needs and
infrastructure needs for Canal Road and is seeking public input .
Commissioner Ross called particular attention to an access issue. When Canal Road is one-way running
inbound in the morning, left turns are prohibited from Arizona Avenue — the only connection to Canal from
the northern Palisades. Commissioner Ross noted that the signal timing makes cars entering Canal Road from
Arizona Avenue wait through multiple cycles even at other times of day.
Commissioner Ross said that DC residents bear the cost of maintaining Canal Road and for this road study, yet
the residents of the Palisades cannot access Canal Road in the morning because Maryland and the
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Commonwealth of Virginia use the 2.8 mile stretch of the road. Commissioner Ross asked Mr. Hoffman to
look into this concern of DC residents.
Mr. Hoffman said this ongoing one-year preliminary study is due to wrap up in August, followed by one to two
years of early design work and environmental reviews, then one to two years of final design work, and then 12
to 18 months of construction.
BZA 18663 for Lab School of Washington at 4759 Reservoir Road, NW – Alison Prince, Goulston and Storrs,
and Peter Braun, Lab School, represented the Lab School. At previous ANC3D meetings, Commissioners had
expressed concern about the school’s proposal to reduce parking availability and the lack of a construction
management plan.
At ANC3D’s December 4, 2013 meeting, ANC3D considered the application and voted 10-0-0 to recommend
preliminary approval of the application subject to agreement on language to address parking concerns
outlined by the Commission and submission of a construction management plan.
ANC3D worked with the applicant on the Parking Condition language ; the final language agreed upon at this
January 8, 2014 meeting is as follows:
In order to ensure that the removal of the on-campus parking spaces will not impact the adjacent streets or
neighborhood, Lab School will maintain a minimum of 38 off-campus parking spaces, secured through leases
or by other means exclusive of the use of public parking spaces. LSW will monitor its parking demand once
each semester (Fall and Spring) to determine how many secured off-campus parking spaces are required to
meet LSW’s parking demand needs subject to the following conditions:
1. The parking monitoring survey shall be conducted within 30 days of the start of each semester. A
report documenting results of the parking monitoring survey will be submitted to DDOT and the ANC
within 45 days of the completion of the monitoring survey.
2. The School shall commit to a maximum parking demand threshold of 129 parked vehicles including
on and off-campus parking (exclusive of public parking spaces), during the typical weekday peak
hour. The number of parked vehicles within the 38-space secured off-campus parking area will be
defined in the monitoring report.
3. If the School’s actual parking demand is equal to or less than the parking demand threshold during
the typical weekday peak hour for four (4) consecutive semesters (or monitoring periods), subject to
DDOT and ANC approval, LSW may reduce the number of secured off-campus parking spaces by a
number approved in consultation with the ANC.
4. If the School’s actual parking demand is greater than the parking demand threshold during the typical
weekday peak hour for any monitoring period, additional TMP measures must be implemented
immediately. If Lab fails for a second consecutive time, it must return to the Board for its review of the
conditions of approval.
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This language was incorporated into the Lab School Parking Plan submitted to the Zoning Commission in their
pre-hearing statement.
The Lab School presented a Construction Management Plan that defines work hours, parking, construction
traffic/deliveries, staging and site management, cleanliness, contractors and subcontractors and
communication with the community (Attachment 2).
Commissioner Smith recommended that the Lab School establish a neighborhood construction committee
possibly to meet monthly to provide updates on construction progress and any concerns of neighbors.
Commissioner Pagano moved to approve the Parking and Construction Management Plans as presented and
incorporate the suggestion of Commissioner Smith to establish a construction committee of ANC3D
representatives and neighbors that would meet with the construction team to discuss construction concerns
during the implementation of this application; Commissioner Trotter made a friendly amendment that
Commissioner Pagano testify before the Board of Zoning on behalf of ANC3D on this application;
Commissioner Smith made a friendly amendment that members of all relevant citizens associations be put on
this committee; Commissioner Ross seconded; and the vote for final approval of a recommendation in support
of the application was 10-0-0 (Attachment 3).
BZA Application # 18708 for 4509 Foxhall Crescents Drive, NW – this application is for a special exception to
allow the construction of a one-family detached dwelling on a theoretical lot. Commissioner Pagano said that
she had a call from the applicant’s attorney, Mr. Pat Brown, asking ANC3D to defer discussion of this
application until the ANC3D February meeting; the Zoning Commission hearing is Tuesday, February 11, 2014.
Commissioner Pagano moved that ANC3D request a comment extension from the Board of Zoning Adjustment
for this application until Monday, February 10, 2014. Commissioner Wisniewski seconded; Commissioner
Smith made a friendly amendment to request that the applicant request a delay for their BZA hearing; the
amendment was accepted and the vote was 10-0-0 in favor of the motion (Attachment 4).
There was 5 minute break in the meeting.
Commissioner Wells left the meeting.
ABRA Notice of Public Hearing for license # 093799, Reyna Market and Deli, 4201
Massachusetts Ave NW – This is a new Liquor Store Grocery & Delicatessen with made to order sandwiches
which is applying for a Retailer’s Class “A” liquor license. Souhel Hadad, owner of Reyna Market and Deli, was
present at the meeting. Commissioner Wisniewski supported the application and said there is a demand for a
market and deli of this type in the Berkshire Apartments building.
Commissioners raised questions about the hours of liquor sales at the location. The owner, who was in
attendance at the meeting, indicated that he had not yet finalized the overall hours of operation, but was
willing to agree to limit alcohol beverage sales to the hours of 10 AM – 11 PM seven days a week. Based on
this commitment, Commissioner Wisniewski moved to support this application with the hours designated for
alcohol sales being 10 am – 11 pm, 7 days a week; Commissioner Gold seconded; Commissioner Trotter made
a friendly amendment that Commissioner Wisniewski would testify at the hearing; the amendment was
accepted and the vote to support the application was 7-2-0, Commissioners Slowinski and Thomas opposed
(Attachment 5).
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Zoning Commission Case No. 08-06A (title 11, Zoning Regulations – Comprehensive Text Revisions) Notice of
Further Hearing for ANCs to testify at January 30, 2014 meeting – Commissioner Smith moved that the ANC
testify at the January 30 hearing. Commissioner Pagano seconded; and the vote was 9-0-0 in support of the
motion (Attachment 6).
Conflict of Interest Resolution – Commissioner Smith moved to table discussion of the Conflict of Interest
Resolution until next meeting; Commissioner Ross seconded; and the vote was 9-0-0 in support of the motion.
Commission Business:
December 4, 2013 Minutes - Commissioners decided to review and vote on approval of December Meeting
Minutes at the February 5, 2014 meeting because corrections suggested by Commissioner Slowinski had not
been reviewed and incorporated.
Secretary’s Annual Report - Commissioners decided to table discussion of the Secretary’s Annual Report.
Commissioner Smith said he felt the report did not reflect the major issues the ANC3D addressed in 2013 and
that the format, including the photos, did not reflect the issues common in the area covered within ANC 3D.
Commissioner Smith suggested a small group of Commissioners should work together to revise the Report.
Treasurer’s Report – At the present time there is a balance of $21,477.54 in the Bank of America account.
Communications Committee - Commissioner Pagano said she would like to establish and chair a
Communications Committee. Commissioners Wisniewski and Slatko said they would like to be on the
Committee and Commissioner Pagano said that resident Chuck Elkins would like to be on the Committee as
well.
Commissioner Slatko said he will make a sign-up sheet for the creation of Commissioner business cards.
Election of Officers
Commissioner Gold nominated Commissioner Trotter for Chair; Commissioner Smith seconded; Commissioner
Ross moved that the nomination be closed; Commissioners voted unanimously, 9-0-0, for Commissioner
Trotter for Chair.
Commissioner Thomas nominated Commissioner Gold for Vice Chair; Commissioner Smith seconded;
Commissioner Ross moved that the nomination be closed; Commissioners voted unanimously, 9-0-0, for
Commissioner Gold for Vice Chair.
Commissioner Slatko nominated Commissioner Wisniewski for Secretary; Commissioner Gold seconded;
Commissioner Ross moved that the nomination be closed; Commissioners voted unanimously, 9-0-0, for
Commissioner Wisniewski for Secretary.
Commissioner Trotter nominated Commissioner Smith for Treasurer; Commissioner Smith declined the
nomination.
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Commissioner Wisniewski nominated Commissioner Slatko for Treasurer; Commissioner Pagano seconded;
Commissioner Ross moved that the nomination be closed; Commissioners voted unanimously, 9-0-0, for
Commissioner Slatko for Treasurer.
Commissioner Wisniewski thanked Commissioner Pagano for her hard work serving as Chair in 2013.
Administrator’s Contract – Commissioner Thomas moved to extend the Administrator’s contract for six
months and reevaluate the contract during that time; Commissioner Pagano seconded. Commissioner Smith
recommended a thorough review of the job description and a three month extension. After some discussion,
Commissioner Smith made a friendly amendment to extend the Administrator’s contract for four months;
Commissioner Thomas accepted the amendment; and the vote was 6-1-0 in support of the motion;
Commissioner Slowinski opposed.
The meeting was adjourned at 10:06 p.m.
Respectfully Submitted,
Joe Wisniewski
Joe Wisniewski
Secretary, ANC3D
Date of Approval: 2/5/14
Attachments:
1. ANC3D ltr of approval for Lawyers Have Heart 2014
2. Lab School Construction Management Plan
3. ANC3D ltr to ZC re app 18663 for Lab School of Washington
4. ANC3D comment extension request for 4509 Foxhall Crescents Drive
5. ANC3D ltr to ABRA re Reyna Market and Deli 4201 Mass Ave NW
6. ANC3D vote for Vice Chair Gold to testify at BZ ZRR hearing
ANC3D’s next meeting will be held on Wednesday, February 5, 2014 at
American University, Nebraska Hall, Room 112, Washington, DC 20016
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Government of the District of Columbia
ADVISORY NEIGHBORHOOD COMMISSION 3-D
P.O. Box 40486
Palisades Station
Washington, D.C. 20016
January 12, 2014
Lindsey Difazio, Development Director
Lawyers Have Heart 10K
American Heart Association
Dear Ms. Difazio,
Thank you for the presentation regarding the Lawyers Have Heart 2014 race that will be take
place on Saturday, June 14, 2014.
The Commissioners welcome the Lawyers Have Heart to our neighborhood and voted to
support temporary closure of specific roads in our district for use by the race participants at the
ANC 3D January 8, 2014 Regular Meeting.
Best regards for a successful event in 2014,
Gayle Trotter
Chair, ANC3D
DRAFT
The Lab School
Construction Management Plan
The Applicant proposes to perform the work described in Board of Zoning
Adjustment Case No. 18663 in accordance with the provisions of this Plan.
1. Communication:
The Applicant shall designate a representative, who is authorized to address
complaints and will be the key contact for members of the community regarding
construction activities. This Representative shall have a local office, cell phone,
email, fax and voice mail, and be accessible during business hours.
Contact information shall be posted at the construction trailer and on the Lab
School website.
Construction activities will be updated monthly and shall include a list of
anticipated construction activities for the subsequent 30 days.
2. Work Hours:
7:00 AM to 7:00 PM, Monday through Friday; 8:00 AM to 7:00 PM on Saturday;
however, trucks will not be permitted to access or exit the site between 7:45 AM
and 8:45 AM and between 2:30 PM and 3:45 PM while school is in session.
No exterior construction activity on Sunday; work on the interior of the building
shall be permitted on Sunday.
3. Parking:
All contractors and sub-contractors and all workers or others involved in
construction shall park within the confines of the project site, or at a remote
commercial location and be bused to the site by the Applicant.
No parking shall be permitted in the neighborhood.
4. Construction Traffic/Deliveries:
All construction haul routes shall be approved by the District of Columbia.
DCDOCS\7083563.1
DRAFT
All construction vehicles will use Reservoir Road to access the site via
Whitehaven Parkway; they will not use Foxhall Road. Similarly, all construction
vehicles shall proceed south on Whitehaven Parkway when exiting the site.
All construction vehicles are to comply with the approved construction routes as
designated by the Applicant & DDOT.
Construction-related vehicles shall be allowed to access the construction site no
earlier than 7:00 AM, 8:00 AM on Saturdays.
No queuing of trucks shall be allowed on neighborhood streets.
Pedestrian movement surrounding the construction area shall not be impeded
unless necessary to ensure safety.
5. Staging and Site Management:
All construction materials and equipment, including construction storage, and
dumpsters, shall be stored and secured on-site. A construction trailer may be
located in public space so long as it does not impede pedestrian or vehicular
circulation.
All motorized equipment and vehicles shall be locked when not in use.
All building materials (i.e., brick, lumber, etc.), shall be stacked neatly
All loose fill such as gravel or sand shall be covered in accordance with industry
standards.
Any temporary lighting shall be directed away from residences in the
neighborhood.
The Applicant shall erect and maintain construction fencing in order to screen and
secure the site during construction.
6. Cleanliness:
The Applicant shall require removal of rubbish, food and drink debris and
construction debris during the normal construction workday and during any other
periods of work.
All construction workers shall eat and drink on-site and the Applicant will be
responsible for clean up.
DCDOCS\7083563.1
DRAFT
All construction workers shall refrain from using foul language and smoking
while on-site.
All construction workers shall dress appropriately while on-site.
The Applicant shall locate portable toilets away from the neighborhood and
service them frequently.
Deliveries of equipment or construction materials shall only occur during
construction hours.
Trucks carrying debris, excavation materials or fill will be covered both entering
and exiting the construction site, and they shall be cleaned (if necessary) prior to
exiting the site so as to minimize any dust or dirt on the roadways.
Removal and replacement of dumpsters shall occur only during approved
construction hours.
The Applicant shall require that any streets that surround the construction area
and/or serve as construction routes are kept clean of dirt, any trash and debris
resulting from construction activities or workers.
The Applicant shall develop and implement a rodent control program.
Upon notification from a neighboring property owner, the Applicant shall
promptly clear from their yard any debris, dust or materials caused as a result of
the proposed construction.
7. Contractors and Subcontractors:
The Applicant shall require that all contractors and subcontractors be
contractually required to follow the terms of, and comply with, this Construction
Management Plan.
Contractors and subcontractors shall use only licensed vehicles and drivers.
DCDOCS\7083563.1
Government of the District of Columbia
ADVISORY NEIGHBORHOOD COMMISSION 3-D
P.O. Box 40486
Palisades Station
Washington, D.C. 20016
January 11, 2014
Mr. Lloyd Jordan, Chair
Board of Zoning Adjustment
One Judiciary Square
441 Fourth Street, NW
Suite 210S
Washington, D.C. 20001
RE: BZA Application No. 18663 – The Lab School of Washington
Dear Mr. Jordan:
At its properly noticed public meeting on January 8, 2014, held at American University, School of International
Service, Founders Room, Washington, D.C. 20016, with a quorum present at all times, Advisory Neighborhood
Commission (ANC) 3D voted 10-0-0 to support the application of the Lab School of Washington in the R-1-B
District at 4759 Reservoir Road, NW (Square 1372, Lot 25) for a special exception to construct a new high
school and an addition to its arts building on its main campus. Approval was subject to two conditions on
parking and construction management that were agreed to by the Lab School.
In its application, The Lab School seeks (1) variance relief pursuant to Section 206 of the Zoning Regulations to
allow construction of a 29,000 sq. ft. private school addition; (2) variance relief pursuant to Section 2001.1 from
the parking requirements for a public school; and (3) variance relief from the requirements of Section 2201.1 for
the on-site loading requirement for a public school with more than 100,000 sq. ft. of development.
The Lab School presented initial plans to ANC3D at the Commission’s meeting on September 11, 2013, and
appeared at subsequent meetings. Commissioners toured the Lab School and met with school officials. The Lab
School offered community meetings/tours. Commissioners expressed concern about the school’s proposal to
reduce parking availability and the lack of a construction management plan.
At its December 4, 2013 meeting, ANC3D considered the application and voted 10-0-0 to recommend
preliminary approval of the application subject to agreement on language to address parking concerns outlined
by the Commission and submission of a construction management plan. ANC3D worked with the applicant on
the condition language and, due to the holidays, the final language was not agreed upon until the ANC3D
January 8, 2014 meeting.
(1) The Lab School has agreed to provide parking for 129 vehicles – the expected parking demand outlined in
the Lab School’s transportation and parking assessment. Onsite, it is a minimum of 67 zoning-compliant
parking spaces and 24 stacked parking spaces. These remaining spaces can be provided on or off-campus
exclusive of public parking spaces. Additional language has been agreed to that would enable the Lab School to
reduce its parking spaces if the school’s transportation management plan (TMP) reduces parking demand, or to
require the Lab School to increase parking if the need exceeds current expectations.
(2) At the Commission’s January 8, 2014 meeting, the Lab School presented a Construction Management Plan
that defines work hours, parking, construction traffic/deliveries, staging and site management, cleanliness,
contractors and subcontractors and communication with the community.
At the recommendation of ANC3D, the Lab School will create a construction management committee to
include neighbors, representatives of the ANC and all relevant citizens associations to meet at regular intervals,
preferably monthly, with the school and its construction managers as the project proceeds.
Therefore, ANC3D urges the Board of Zoning Adjustment to grant this application and ANC3D requests that its
recommended approval be “given great weight” in the consideration of this application. D.C. Code 1
309.10(d)(3)(A).
ANC3D designated ANC3D06 Commissioner Penny Pagano to testify on behalf of the Commission at the BZA
hearing on January 14, 2014.
Sincerely,
Gayle Trotter
Chair, ANC3D
Government of the District of Columbia
ADVISORY NEIGHBORHOOD COMMISSION 3-D
P.O. Box 40486
Palisades Station
Washington, D.C. 20016
January 20, 2014
Mr. Lloyd Jordan, Chair
Board of Zoning Adjustment
441 4th Street, NW
Suite 210S
Washington, DC 20001
Re: BZA 18708 for 4509 Foxhall Crescents Drive, NW
Dear Mr. Jordan:
At its properly-noticed public meeting on January 8, 2014, held at the American University School of
International Service, Founders Room, Washington, DC 20016, with a quorum present at all times, Advisory
Neighborhood Commission 3D voted 10-0-0 to request a comment extension until Monday, February 10, 2014
for BZA application 18708.
The BZA hearing date for this application is Tuesday, February 11. The next ANC3D regularly-scheduled
meeting is Wednesday, February 5, 2014.
The applicant initially was scheduled to appear before ANC3D at its January 8, 2014 meeting on this
application for a special exception to construct a one-story detached dwelling on a theoretical lot (Square 1397,
Lot 960) in the R-1-A District at premises 4509 Foxhall Crescents Drive, N.W.
Prior to the meeting, the applicant’s attorney requested that ANC3D move consideration of the application to its
February 5, 2014 meeting to allow additional time for the applicant to address concerns raised by neighbors and
their homeowners’ association.
Because of the controversy surrounding this proposed construction, ANC3D, as part of its vote, also suggested
that the applicant consider a later BZA hearing date if these issues are not resolved in a timely manner.
Accordingly, ANC3D requests that the BZA approve its request for a comment extension until Monday,
February 10, 2014 for BZA application 18708. We will be in touch with your office to check the status of our
request.
Sincerely,
Gayle Trotter, Chair
ANC3D
Government of the District of Columbia
ADVISORY NEIGHBORHOOD COMMISSION 3-D
P.O. Box 40486
Palisades Station
Washington, D.C. 20016
January 15, 2014
Mr. Ruthanne Miller, Chairperson
Alcoholic Beverage Control Board
Alcoholic Beverage Regulation Administration (ABRA)
2000 14th Street NW
4th Floor, Suite 400S
Washington, DC 20009
Re: Reyna Market and Deli, 4201 Massachusetts Avenue NW (ABRA-093799)
Dear Ms. Miller:
At is properly noticed meeting on January 8, 2013 held at the School of International Service (SIS) on
the campus of American University, Advisory Neighborhood Commission (ANC) 3D considered an application
from Reyna Market and Deli for a Class A liquor license. A quorum was present at all times during the
meeting.
The Reyna Market and Deli is located at 4201 Massachusetts Avenue NW in the Berkshire Apartment
Building.
Commissioners raised questions about the hours of liquor sales at the location. The owner, who was in
attendance at the meeting, indicated that he had not yet finalized the overall hours of operation, but was willing
to agree to limit alcohol beverage sales to the hours of 10 AM – 11 PM seven days a week.
Based on this commitment, the ANC voted 7-2 to recommend support for the license application. We
ask that the Commission’s recommendation be given the “great weight” to which it is entitled under D.C. law.
Sincerely,
Gayle Trotter
Chair, ANC3D
Government of the District of Columbia
ADVISORY NEIGHBORHOOD COMMISSION 3-D
P.O. Box 40486
Palisades Station
Washington, D.C. 20016
January 20, 2014
Mr. Lloyd Jordan, Chair
Board of Zoning Adjustment
441 Fourth Street, NW
Suite 210S
Washington, D.C. 20001
RE: Zoning Commission Case No. 08-06A (title 11, Zoning Regulations – Comprehensive Text Revisions)
Notice of Further Hearing for ANCs to testify at January 30, 2014 meeting
Dear Mr. Jordan:
At its properly-noticed public meeting on January 8, 2014 held at the American University, School of
International Service, Founders Room, with a quorum present at all times, Advisory Neighborhood
Commission (ANC) 3D voted 9-0-0 to authorize ANC3D Vice Chair Michael Gold to testify on behalf of ANC3D
based on ANC3D’s previous positions on this Case.
Sincerely,
Gayle Trotter
Chair, ANC3D