Minutes of Public Meeting
July 14, 2014
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5401 Connecticut Avenue, NW
Washington, DC 20015
1. Call to Order and Quorum. The meeting was called to order at 7:00 PM by Chair McCarthy. Commissioners present: McCarthy, Speck, Engel, Thompson,Maydak. Absent: Griffin, Cook. A quorum was declared.
2. Attendees. Approximately 30 persons were present.
3. Agenda. The agenda was agreed to by a vote of 5-0.
4. Announcements. Chair McCarthy reported on his attendance at a meeting discussing the City’s and Pepco’s agreement to place wires underground for many of the primary and lateral feeder electrical lines, including in our ANC. This work will be completed over many years but will not include secondary service lines to individual buildings and residences. The Public Service Commission will hold several hearings on the first three-year plan of this project beginning July 21.
Commissioner Speck announced that the next Ingleside expansion planning meeting will be held July 23 at Ingleside.
Anthony Cassillo from Councilmember Cheh’s office offered general announcements regarding items in the approved DC Budget, including the Ward 3 outdoor pool and proposals for renovating the Chevy Chase Community Center.
5. Lafayette Playground Improvements. Kenneth Diggs of the District General Services office reviewed the proposed plans for the park and future renovation of the Lafayette School. He and his team discussed the proposed tot lot changes and location, lighting, playground areas, and tennis and basketball courts resurfacing. Discussion also included the field house, which the community desires to be replaced and enlarged. He indicated that there is not funding for this element of the project at the current time. The current plan for the park envisions a budget of about $1.5 million. He indicated that the modernization of Lafayette School would be in the range of $45 million and would be carried out in the 2016-17 year. Several concerns were expressed including the need for a gated fence around the tot lot, accessibility of the tot lot to bathrooms, and the need for directed lighting that would not infringe on the neighborhood. He indicated that these concerns would be taken into consideration.
6. PNC Bank Parking Lot Review of Special Exception Renewal 18799 at 3808-16 Morrison Street (PNC Bank) to allow continued use of accessory parking spaces R-2 (townhouses) zoned western portion of the site (square 1859, Lot 95) : The Chair indicated that he was prepared to offer a resolution that had been distributed to the interested parties and on the Chevy Chase listserv but wanted to give the parties an opportunity to offer any comments or suggestions. Christopher Collins, representing the Bank, reviewed his previous presentation in this regard. Mr. Collins indicated that his only comment on the proposed resolution was that it included a provision for removal of snow from the sidewalks that was not within the BZA’s purview (although, when informed that this provision had been included in the recent BZA order special exception for the CVS parking lot, indicated that the Bank could accept that provision). Brian Murphy, representing the Chevy Chase Arcade, followed with a short presentation and indicated that the Arcade agreed with the proposed ANC resolution. Discussion followed with comments relating to the use of the parking lot after the Bank’s operating hours and the easement (or right of way) for the dumpster area used by the Arcade. The Chair offered a motion (included at the end of these minutes) based on three principles: (1) at its discretion, the bank may permit use of the parking lot beyond the hours of bank operation; (2) the arcade may continue to have legal use and access of the “easement” for disposal of wastes; (3) the Arcade must agree to maintain the dumpster area in accordance with the previous agreement between the ANC and Macon Bistro as part of its ABRA license. The motion proposed that the special exception be granted for a period of 5 years (as opposed to the expired exception’s 10-year period). After discussion, it was agreed that the Chair and Vice Chair, Randy Speck, would serve as the ANC’s representatives in this matter. The motion was agreed to by a vote of 5 (Griffin by proxy) – 0 (Thompson recused).
7. Speed Humps on the 3300 block of Tennyson Street, NW. Commissioner Maydak reviewed the background of this issue and the petition by more than ⅔ of the residents on this block for a second speed hump. At a street meeting held on July 13, the residents reached a compromise and proposed that the second speed hump be located approximately between 3330 and 3332 or 3335 and 3337 Tennyson. Discussion centered on whether or not the proposal met the DDOT criteria and whether the proper procedures had been followed in requesting a speed hump. Commissioner Thompson reviewed the history of the ANC’s requests for speed humps and the general criteria applied by DDOT. Commissioner Maydak offered a motion to support this second speed hump on the 3330 block of Tennyson Street with the understanding that this second speed hump be located approximately between 3330 and 3332 or 3335 and 3337 Tennyson or at a location agreed upon by the residents. The motion was agreed to by a vote of 5 – 0.
8. Withdrawal of protest of American City Diner Class D liquor license. Because the issues related to the American City Diner’s application had been resolved by agreement, the Chair moved to withdraw the ANC’s protest of the liquor license, and the motion agreed to by a vote of 5 – 0.
9. There was a short discussion of the draft “MoveDC” plan and the possible need to include it on a later meeting’s agenda. In the Chair’s absence at the next meeting, the Vice Chair, in consultation with the Commissioners, will determine whether the draft MoveDC plan should be on the agenda.
10. Commission Business:
1. The minutes of the June 23, 2014 public meeting were approved by vote of 5-0.
2. Checks approved: $53.33 DOES (Unemployment Insurance July – September), $183.00 (Canon office copier lease), $108.10 Verizon, $180.47 (wire transfer to IRS), by a vote of 5 – 0.
3. Possible items for the next meeting on July 28 include: The April-June Financial Report; use of public space at American City Diner; BZA application 18818 for a special exception for a rear addition at 3801 Jocelyn Street; the draft MoveDC plan.
The meeting was adjourned at approximately 9:25 pm.
The next scheduled meeting of the Commission is Monday, July 28, 2014 at 7:30 pm.
Jim McCarthy David Engel
ANC 3/4G Resolution Regarding PNC Bank
Special Exception No. 18799
Whereas PNC Bank National Assoc. (“PNC”) has submitted BZA Application No. 18799 seeking a special exception for an accessory parking lot with 26 spaces located at 3808-16 Morrison Street, N.W. (Square 1859, Lot 95);
Whereas this lot, zoned R-2, has been used as the bank’s accessory parking lot for approximately 66 years;
Whereas it is PNC’s general policy in the Washington area (with the exception of facilities in Georgetown and Dupont Circle) to leave its accessory parking lots open beyond banking hours for the convenience of the community;
Whereas on April 11, 1947, PNC’s predecessor granted the owner of the Chevy Chase Arcade, located at 5520 Connecticut Avenue, N.W., a perpetual easement for “ingress and egress” on a portion of Lot 95;
Whereas the portion of Lot 95 that is subject to the easement has been physically separated from the PNC parking lot by a three-foot-high masonry wall and has been used by the Chevy Chase Arcade for many years as the location for solid waste dumpsters;
Whereas on March 24, 2014, this ANC entered an agreement with the Macon Bistro, a tenant at the Chevy Chase Arcade, imposing certain conditions on any grant of a license by the District of Columbia Alcohol Beverage Regulation Administration, including provisions related to the use of the solid waste dumpsters located in the area of the Chevy Chase Arcade’s easement on a portion of Lot 95;
Whereas the owner of the Chevy Chase Arcade has agreed to abide by and enforce certain conditions on the use of dumpsters on the easement portion of Lot 95;
Whereas the ANC concludes that it is in the best interests of the entire community for the tenants in the Chevy Chase Arcade to have reasonable access to dumpsters for solid waste disposal;
Whereas the ANC concludes that it is in the best interests of the entire community for PNC to have the option, at its discretion, to open its accessory parking lot for reasonable use after banking hours; and
Whereas the ANC seeks to accommodate the interests of PNC, the owner of the Chevy Chase Arcade, its tenants, the nearby neighbors to Lot 95, and the larger community;
The ANC supports and does not object to the grant of the requested special exception with the following conditions:
1. The approval shall be granted for no more than five years.
2. Three spaces of the five spaces on the east side of the lot and closest to the entrance to the bank shall continue to be marked for and reserved for the handicapped.
3. All areas devoted to driveways, access lanes, and parking areas shall be maintained with a paving material forming an all-weather impervious surface, except that if PNC resurfaces or repaves the lot, it shall consider using other all-weather surfaces, including porous (or pervious) concrete, porous asphalt, and/or mechanically-reinforced grass, excluding grass or gravel, as permitted by Section 2303.1(a).
4. Bumper stops shall be erected and maintained for the protection of all buildings.
5. No vehicle or any part thereof shall be permitted to project over any lot or building line or over the public space.
6. All parts of the lot shall be kept free of open or loose refuse or debris and shall be paved or landscaped. Landscaping shall be maintained in a healthy growing condition in a neat and orderly appearance.
7. Except for any easement granted or deemed granted to the owner of the Chevy Chase Arcade, no other use shall be conducted from or on the premises and no structures other than attendant’s shelter and facilities associated with drive-in tellers and ATMs shall be erected or used on the premise unless such use or structure is otherwise permitted in the zoning district in which the parking lot is located;
8. Any lighting used to illuminate the parking lot or its accessory building shall be so arranged that all direct rays of such lighting are confined to the surface of the parking lot.
9. PNC will be required to remove the snow from the sidewalk along Morrison Street, as if it were a residential property.
10. PNC may, at its discretion and consistent with its general policies for parking lots in the Washington area, leave the parking lot open for use by the public beyond banking hours, but if it does so, it will erect signs requesting those using the lot to be quiet and to respect the peace of the surrounding neighbors when removing their cars.
11. To the extent that the existing easement granted to the owner of the Chevy Chase Arcade may be construed (by virtue of an easement by proscription or otherwise) to include the right to locate solid waste dumpsters in the separate easement space or, if the parties agree to an easement that includes the location of dumpsters in this space, the special exception should include permission to locate solid waste dumpsters in this separate space, subject to the conditions in Attachment A to this resolution.
11. Adopted at a duly noticed public meeting of ANC 3/4G on July 14, 2014 by a vote of 5 (Griffin by proxy) – 0 (Thompson recused).
Jim McCarthy David Engel
Chair, ANC 3/4G Secretary, ANC 3/4G