ANC 6B Minutes for May 13, 2014



Meeting Date: May 13, 2014

Uploaded on: June 24, 2014

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Hill Center at the Old Naval Hospital
921 Pennsylvania Avenue SE
May 13, 2014, 7:00 p.m.
Commissioners Oldenburg, Garrison, Jayraman, Pate, Frishberg, Flahaven, Loveland, Peisch, Opkins, Campbell
1. Adoption of Agenda (5 minutes)
a. Motion to adopt the agenda by Commissioner Frishberg; Seconded by Commissioner Jayraman
and approved 9-0-0
2. Community Speakout (15 minutes)
a. DDOT Rep Murals for DC shared contact information for this program:
b. Renold Black from Cap Hill Youth Challenge Program. Opportunity for a 2nd chance. Intervene
and reclaim the lives of at-risk youth. 17 ½ month long voluntary program. 16-18 years, M & F.
Jan – June, July- Dec. 8 girls, 12-13 boys/per Ward. Partnership with DC Public Library. Ms.
Lewis, Ward 6 representative for this program.
3. Community and Commission Announcements (5 minutes)
a. Commissioner Campbell shared that on June 7 10am-2pm, Reach Inc., Held at Eastern High
School. (202) 543-2528
b. Commissioner Frishberg mentioned the weekend road closured for the Capitol Hill Classic.
c. Commissioner Jayraman mentioned the Hill East Task Force 124 15th St., SE, Thursday, May
29th 15th & East Capitol – The Capitol Hill Charter School.
4. Consent Agenda (5 minutes)
a. Campbell moves to approve the consent agenda; Commissioner Jayraman 2nd and the motioned
was approved 10-0-0.
 April
 Corrections to February minutes
Planning & Zoning Committee
 PS #93199, 257 15th Street SE, Curbside Café, unenclosed sidewalk café
5. Presentation (10 minutes)
 Overview of Closure & Rehabilitation of Marion Park: Joy Kinard, National Park Service
o Ms. Kinard came late; she manages Ward 6 parks for the NPS.
o Received funds for capital improvement projects. Lincoln and Stanton have already been
addressed. Putting in new sidewalks (Brick) and turf renovation.
o Working dates are scheduled to run from July 6th - September 18th.
o Commissioner Peisch took the opportunity to share the information that he does know about this
issue - The Park is closed for at least 6 months. Problems concerning weeds, trash and other
issues are already making themselves present.
o Commissioner Opkins asked how NPS plans to mitigate the maintenance issues that have
presented themselves. Ms. Kinard states that NPS has just hired seasonal staff so this is why
there may be a problem. Trash is what NPS focuses on, but they will send someone to look into
this issue “tomorrow”.
o Commissioner Frishberg is surprised to hear that the brick sidewalks were the issue that NPS
decided to address.
o Commissioner Pate mentioned the Friends of Capitol Hill Parks. Ms. Kinard stated that she need
to get a date as to when they will meet.
6. Alcohol Beverage Control Committee
 ABRA-085618, Nooshi Capitol Hill, 524 8th Street SE, request that Settlement Agreement be amended
to eliminate prohibition of summer garden (15 minutes)
o Commissioner Oldenburg states that she held a meeting with neighbors and the owner of Nooshi,
Vanessa Lim, to discuss mitigations to noise and sight lines from restaurant to residences on G
Street, SE.
o The main issues between the owner and neighbors are differences with regard to hours of service
for the summer garden. The owner has asked for service closing hour of 10:30 pm and a
consumption closing of 11:00pm Sunday thru Thursday and 11:30pm and 12 midnight for Friday
and Saturday. Neighbors wants a service/consumption to end at 10:30pm and 11:30pm,
o Tina Ashworth, 808 G Street, SE, made a statement on behalf of the neighbors on G Street. Very
much in favor of economic development of 8th Street, including Nooshi. Want to make several
 The mezzanine terrace is one-story above all of the homes on G Street.
 No building next to Nooshi, rather an open parking lot which does not help with noise
absorption. Even with doors closed, neighbors can hear voices.
 Privacy concern. Glass partitions with frosting is very important to neighbors.
 Lots of problems with delivery trucks, service people, employees blocking access to
alley. Not only a nuisance but also a public safety issue.
 10:30 M –Thurs & Sunday, 11:30pm F-Sat.
o Ms Lim, the owner, agrees to 10:30pm (Sun-Thu) and 11:30pm (Fri & Sat) as the neighbors
o Commissioner Garrison and Frishberg both raised concerns that we, as a Commission, are
reviewing and reopening this settlement agreement prior to placarding. It feels like a failure to
properly notify the community; Commissioner Oldenburg did notice all immediate neighbors on
the 800 block of G.
o Commissioner Oldenburg motion to approve the settlement agreement which approves the
outside seating of 30 patrons, Sun-Thurs 8am-10:30pm, Fri-Sat 2am-11:30pm, and frosted glass
partitions. Garrison 2nds. Frishberg asks that we add language that we expect it to be placarded,
and that we believe this is the wrong process, which was accepted. Approved 10-0-0.
Request Withdrawn by Applicant
 ABRA-080716, P&C Market, 1023 East Capitol Street SE, Settlement Agreement
7. Planning & Zoning Committee
 BZA #18758, 1402 E Street SE, pursuant to 11 DCMR § 3104.1, special exception for third floor
addition to existing one-family row dwelling under § 223, not meeting the lot area/width requirements
under § 401, the lot occupancy requirements under § 403, & nonconforming structure requirements
under subsection 2001.3 in the R-4 District: James Mahoney & Mike Fowler (10 minutes)
o Commissioner Garrison states that he voted against it because he thinks it looks terrible and he
doesn’t like pop-ups and will abstain. Commissioner Oldenburg agrees with Commissioner
Garrison and will also abstain.
o Comes to us as a motion 8-0-2, Commissioners Oldenburg and Garrison abstaining.
 BZA #18757, 1400 Pennsylvania Avenue SE, pursuant to 11 DCMR § 3104.1, special exception for fast
food (pizza) establishment under § 733 in the C-2-A District: Remy Esquenet, Mian Amer, Tahmina
Proulx, Ed Donohue, Tracy Themak, & Alex Beiro, Jr. (20 minutes)(WITHDRAWN BY APPLICANT)
 BZA #18770, &pizza, 405 8th Street SE, pursuant to 11 DCMR § 3104.1, special exception for fast food
establishment (first floor) under § 733 in the CHC/C-2-A District: Maurice Kreindler, Steve Salis, Scott
Black, & Weston Victor (30 minutes)
o New Information from &Pizza owner, Steve Salis, is that Mr. Salis has asked for a delay on his
application so the Fast Food exception and a variance for the building of a trashroom can be
considered by the ANC in June.
o Neighbors are still concerned about the lateness of the Applicants additional information and
interest in meeting.
o Owner of business next to proposed &Pizza location brings up the point that the focus should not
be on ‘fast food’ but on the fact that many establishments should be held accountable.
o Steve Salis agrees that there is a systemic rat issue; he states that he cannot control what has
happened in the past and can only control his establishment. He shares the same concerns as the
neighbors – he doesn’t want rats in his establishment just as much as neighbors don’t want them
in their yards.
o Commissioner Peisch moved that we oppose the fast food exception and that we add the
following language in our letter to the Board of Zoning:
 “We understand the applicant has recently requested a variance to construct an addition
to store garbage for his operations, as well as an extension for his hearing on the above-
reference special exception. We support and urge the Board to grant the extension
request, which will allow ANC6B to consider the variance request and the fast food
special exception request together and give the nearby neighbors and ANC6B more time
to work with the applicant and consider his application.”
o The Motion was 2nd by Commissioner Frishberg; it was approved 8-0-2, Commissioners
Flahaven and Jayraman abstaining.
 HPA #13-630, 719 12th Street SE, revised concept/rear addition: Michael Watson & Mohamed Kamara
(10 minutes)
o Meeting was held on May 9th, Parties took a tour of the site, spent most of their time in the
alley/rear of the site that butts up against Czar Chavez where the construction would cover up
windows in the school building.
o Commissioner Oldenburg moved to approve the application given the changes in the design of
both the front and rear of the building and despite the removal of all its interior historic fabric
and the Commission’s concern with the damage caused to 720 12th Street SE and a statement
about the meetings held with neighbors; Seconded by Commissioner Pate. 10-0-0.
 HPA #14-209, 531 8th Street SE, concept/storefront alterations/rooftop addition: Houshang Momenia &
Hooman Meghdadian (10 minutes)
o Commissioner Peisch moved to amend the original Committee motion – and include the
following language in our letter to HP:
 “As we noted in our last communication to the Board about this case, ANC 6B has a
great interest in seeing that this property—currently a scar on Barracks Row—
renovated. We are pleased to see the improvements over the previously submitted
plans. Although we support the project in its current form, we urge the Board and its
staff to continue to work closely with the applicant and monitor the situation to ensure
that the project moves forward properly and expeditiously. This historic structure, vacant
and dilapidated for years, faces a risk of demolition by neglect if proper steps are not
taken soon.”
 This was 2nd by Commissioner Pate. 9-0-1. Amended motion 9-0-1.
 ZC #14-03, Office of Planning amendment to 11 DCMR § 2802.1(f)(3) to allow relocation of existing
emergency shelter for 100 persons from Building 9 to Building 27 on the DC General Hospital Campus
(10 minutes)
o There is a general agreement that the women’s shelter as it currently stands is not habitable and
needs to be relocated. Commissioner Flahaven states that the problem is in the Office of
Planning’s approach. Instead of seeking a text amendment, which would permanently change
matter of right uses in the Hill East District, OP should be required to seek a special exception.
According to Commissioner Flahaven, such a special exception could be time-limited. As the
commission has learned the hard way, ‘temporary’ does not mean temporary when it comes to
Reservation 13 and the Hill East District.
o Commissioner Flahaven suggested that the commission oppose the approach and urge the
Zoning Commission to seek a special exception for the relocation of the women’s shelter.
Recommendation includes 1) Suggested time limit of 2 years, and 2) Clear indication that
Building 9 will be demolished.
o Commissioner Frishberg motioned to send the letter and empower the chair to testify or
designate a represent to testify on behalf of ANC6B; Commissioner Opkins 2nd the motion and it
was approved 9-0-1, Commissioner Campbell abstaining.
 Letter regarding 6B recommendations for actions on pocket parks (10 minutes)
o Commissioner Pate raises the Dept Order No 1-2014 DDOT Open Space Preservation and
Enhancement Policy stating that it fails to explicitly address ‘public parking’. The ANC6B letter
submitted asks that DDOT more clearly define public parking as well as how DDOT considers
‘Reservations’ as triangle and pocket parks. ANC 6B also hopes that DPR will become the
agency that oversees these triangle parks.
o Commissioner Oldenburg believes that this letter needs more of an introduction. “General
concern regarding the loss of pocket parks”
o Former Commissioner, David Holmes, from 6A, states that clarity is needed from DDOT with
regard their policy.
o Commissioner Pate amendment in form of substitute to accept this letter, 2nd by Commissioner
Frishberg. 10-0-0. The amended motion was approved 10-0-0.
 Letter with comments to Department of General Services regarding Eastern Branch Building request for
offers (10 minutes)
o Motion by Commissioner Pate to send the letter, 2nd by Commissioner Oldenburg. 9-0-0
(Commissioner Peisch left the meeting).
8. Transportation Committee
 Consolidation of stops on Metrobus 30s Line (10 minutes)
o Commissioner Oldenburg noted Metro Bus’ plans for the consolidation of stops for the 30 bus
lines. Commends the knowledgeable people from MetroBus and said we are expecting to receive
the comments from Metro regarding the closure of the stops. We will discuss this further at our
July Transportation Committee Meeting. No action at this time.
9. Ratification of Executive Committee Actions
 Testimony regarding CSX Virginia Avenue Tunnel reconstruction project (5 minutes)
o Commissioner Oldenburg felt it was important to get additional information included in this
ratified testimony to Councilmember Mendelson. Commissioner Garrison moved to approve, 2nd
Campbell, 9-0-0.
 Support for increase in sidewalk repair funding for fiscal years 2015-2017 (5 minutes)
o Commissioner Flahaven states that ANC6B supported the Mayors FY15 Budget for sidewalk
repairs. Motion to approve by Commissioner Garrison, 2nd by Commissioner Frishberg; The
motion was approved 9-0-0.
10. Outreach & Constituent Services Task Force Report
 Information Management Standard Operating Procedures (10 minutes)
o Comes to the Commission as a motion to approve. Approved 8-0-1; Commissioner Campbell
11. Hill East Task Force Report (5 minutes)
 Held two community meetings on proposed Request for Offers on Eastern Branch Building.
12. Eastern Market Report (5 minutes)
 Parking was the main source of discussion. Commissioners Oldenburg and Frishberg met with DDOT.
13. Rescheduling of November Committee Meetings (5 minutes)
 November 3rd for Transportation, November 5th for Planning and Zoning.
14. Adjournment 9:59pm moved by Commissioner Campbell and approved by voice vote.