April 28, 2003

I. CALL TO ORDER: Chair Nancy MacWood called to order Advisory Neighborhood Commission (ANC) 3C’s regular monthly meeting for April 28, 2003 at 7:35 p.m. The meeting was held at the Community Room, Second District Police Station, 3320 Idaho Ave., NW, Washington, D.C. Other commissioners present were Allen Hahn, Sheila Hogan, Nancy Nord, Trudy Reeves and John Welsh.

II. VERIFICATION OF NOTICE: Chair MacWood verified that the proper notice was published in the Northwest Current and posted on the Cleveland Park e-mail list and ANC3C website.

III. ESTABLISHMENT OF QUORUM: Chair MacWood acknowledged that a quorum (at least five members of the commission) was present.

Chair MacWood stated that Mayor Anthony Williams would host a crime forum on Saturday, May 10 at Scripture Cathedral, 810 O St., NW.

b. Commissioner Trudy Reeves noted that a bike path meeting would take place on Thursday, May 15 at Fannie Mae, 4000 Wisconsin Ave., NW.

V. APPROVAL OF AGENDA: With minor adjustments, the agenda was approved without objection.

a. Chair MacWood introduced Councilmember Kathy Patterson to swear in new ANC3C Commissioner Sally MacDonald. Commissioner MacDonald stated that she was honored to represent her neighbors and pledged to work with dedication and concern for the community. She also stated she was honored to follow Commissioner Robert Martin, and stated that the Peace Corps, for whom he served as counsel for many years, had recently dedicated its law library to Commissioner Martin.

b. Chair MacWood stated that Councilmember Patterson would discuss the District of Columbia fiscal year 2004 budget process and answer questions. Councilmember Patterson stated that the city council had scheduled a budget markup for Tuesday, April 29, but that could be pushed back a week. She stated that she felt the budget the mayor sent to the council was too much money and represented too rapid of growth in expenditure, at an increase of 5.5 percent over fiscal year 2003. She addressed several areas of specific interest to ANC3C residents:

-- The draft budget includes funding for the four regional library branches in ANC3C, including remodeling the Tenleytown branch. She stated she was trying to avoid any closings and reinstate some of the hours that were cut recently.

-- She is pushing for a budget package that precludes any tax increases.

-- The budget would authorize 3,800 paid police officers.

-- Councilmember Patterson stated they were looking in capital budget to reallocate more money to the D.C. Public Schools (DCPS) budget to keep the school facilities master plan moving forward.

Councilmember Patterson then took several questions regarding property taxes, special education costs in DCPS and community dog parks. She also discussed a broad-based increase in corporate franchise tax rather than an increase in restaurant, parking and hotel taxes as proposed in the mayor’s budget.

Chair MacWood introduced Gregory McCarthy, deputy chief of staff for Mayor Williams. Mr. McCarthy stated that the city has a surplus, and D.C. bonds are poised to be deemed investment grade. He stated that the mayor’s priorities included public safety (3,800 paid police officers) and public education. He stated that tax hikes would be necessary to support investments in public works and transportation, and to avoid the deep cuts in services of the mid-90s.

Commissioner Welsh asked why the police department budget grew the most in the proposed budget. Councilmember Patterson stated that half of the increase was due to salary increases from a collective bargaining agreement. In addition, overtime funding and fully funding 3,800 officers added to the budget. Commissioner Welsh asked if a crime lab would be funded, and Mr. McCarthy stated that they are working with the federal government to create a new facility for D.C. use.

Commissioner Hogan asked about the cost associated with false alarms. Councilmember Patterson stated that legislation was pending before the council, and that D.C. has a law designed to punish false alarms but it was never implemented because regulations were never written.

Commissioner MacDonald asked about the high salaries paid to some public officials. Mr. McCarthy stated that it was a matter of competition, and that since D.C. acted as a state as well as a city, and competed with the federal government for senior executives, competitive salaries were necessary. Chair MacWood thanked Mr. McCarthy and Councilmember Patterson for attending the meeting and answering questions.

c. Chair MacWood introduced Robert Hyman, vice president of the Glover Park Citizens Association. Mr. Hyman discussed his work with nuisance vacant properties and encouraged others to get involved. He found that in one vacant space he’s been dealing with, the owners were receiving a homestead exemption. He stated that he found four more vacant properties in Ward 3 in ten days, all of which were receiving deductions or credits they weren’t entitled to. He stated he had reported it to the tax and revenue office, and that insurance companies may be interested if it’s insurance fraud. He also recommended getting a police report of service calls to these addresses in order to understand the range of costs associated with these properties.

Chair MacWood noted that ANC3C does include a property like this, vacant about 11 years. She stated that ANC commissioners should be aware of such situations in their single member districts and talk with neighbors and the tax and revenue department if they are nuisance properties. Mr. Hyman stated he would help others learn how to investigate such properties. Chair MacWood thanked him for his time.

d. Chair MacWood introduced the head of Aidan Montessori School, Kathleen Stratlin. The school had presented plans for a renovation to ANC commissioners last month, and Ms. Stratlin stated that the school had since notified immediate neighbors of their plan. The school promised that no construction would start before 7 a.m., and gave contact information to neighbors.

a. Commissioner Hahn stated that the American Association of Homes and Services for the Aging (AAHSA) sought a special exception from the Board of Zoning Adjustment to modify existing use in a building in the Woodley Park Neighborhood Commercial Overlay District at the southeast corner of Calvert Street and Connecticut Avenue. Commissioner Hahn stated that commissioners discussed this application at its planning and zoning committee meeting, and the Woodley Park Community Association had formed a special committee to address the issue. AAHSA sought a special exception to lease 5,000 square feet of space on the first floor of the building to Long and Foster Real Estate Co. Commissioner Hahn noted that AAHSA had tried to rent the space but had not been successful. Commissioner Hahn then introduced and read a resolution supporting the special exception application. Commissioner Welsh seconded. Chair MacWood stated that this was a good use of the building and that it might spur other businesses to rent space there. Resolution 2003-012 passed by a unanimous vote of 7-0.

b. Chair MacWood introduced several applications to the Historic Preservation Review Board, which she stated had been previewed at the historic preservation committee meeting:

1. Addition to 3619 37th St., NW. Architect Michael Biedeler stated that the porch on north side of the house had been enclosed with siding and windows out of character with style of the house. On the south side, they were proposing a one-story porch addition. They were proposing to use same footprint on north side, strip off the siding windows, and treat it as an open porch, which is what original house was. Chair MacWood stated there were no zoning issues involved, and Mr. Biedeler stated that the adjacent neighbors had been notified of the project. Commissioner Welsh moved support of the application, and Commissioner Hahn seconded. The motion passed by a unanimous vote of 7-0.

2. Chair MacWood introduced a project for Lot 2 of the Rosedale development and stated ANC3C would be considering basic concepts, not final plans. Lot 2 is 3510 Ordway St., NW. Architect Steve Banigan stated that the house would front on Ordway Street, and the body of the house would be stucco with a clay tile roof. The windows would be historically accurate wood casement. Chair MacWood noted that the ANC3C historic preservation committee suggested a green roof to alleviate heat from fair amount of pavement in back, and Mr. Banigan said they are considering this option. Chair MacWood moved that ANC3C voice its approval for the design, but with the continued suggestion that a green roof be investigated. Commissioner Hogan seconded, and the motion passed by a unanimous vote of 7-0.

3. Chair MacWood introduced a project for Lot 6 of the Rosedale development, 3525 Ordway St., NW. Architect Travis Price stated that the plan is for a contemporary house with a copper patina designed to blend with the surrounding natural environment.

Commissioner Hogan asked why there was not a common pool instead of several on different properties. Lot 6 owner Margaret Linzner stated that connecting swimming pools across lot lines is difficult under DC law, and insurance issues were difficult. Chair MacWood stated that the historic preservation committee had approved this design 6-2, and moved support of the design concept. Commissioner Hahn seconded. The motion passed by a vote of 6-0, with Commissioner Welsh abstaining.

c. Chair MacWood stated that the National Child Research Center (NCRC) had applied for two variances. Chair MacWood stated that ANC3C had spent several meetings discussing an application for special exception to the Board of Zoning Adjustment (BZA). At the BZA meeting, the board determined that the proposed carriage house building was a second principle building. Chair MacWood stated that since DC zoning laws only allow one principle building on one lot, the BZA ordered NCRC to either create a new lot, which is what zoning requires, or seek a variance from the zoning requirement that they subdivide the lot in order to accommodate this new structure. NCRC chose to seek two variances: one from the requirement to subdivide and one for a variance from the parking requirement. Chair MacWood explained that in an historic district, an addition that is going to intensify use on the lot includes a parking requirement. She stated that ANC3C would be considering the two variances – one for parking and one for the requirement to create a second lot.

Chair MacWood introduced Mark Furshbow, a trustee at NCRC. He stated they filed for the parking variance in case they don’t receive a parking exemption, which is what they preferred. He stated that NCRC had worked hard to present the best proposal for the neighborhood. He stated that if the BZA turned down the parking variance, the neighborhood instead might find a parking lot on the NCRC site He stated that NCRC has spent a lot of time on the project and are committed to it.

Chair MacWood asked if NCRC was asking BZA for a parking exemption rather than going to the zoning administration for it. He stated that he believed they were still waiting to hear from zoning and that the BZA had declined to express an opinion on parking because they were waiting for this.

Chair MacWood introduced Bruce Beckner of the Cleveland Park Neighbors, a group opposed to the NCRC expansion. Mr. Beckner stated that zoning is supposed to encourage uniformity in land use, and that streets in Cleveland Park were designed and built with the idea they would be used by residents and individual families. He stated that a DC Department of Transportation suggestion to make Highland Place one-way would create additional traffic problems on Newark Street and for neighbors.

Chair MacWood introduced and read a resolution co-sponsored by Commissioner Welsh, and Commissioner Welsh seconded. Resident Charles Both of 3411 33^rd PL., NW stated his appreciation to ANC3C for its time and consideration of the issues. After further discussion of language, Resolution 2003-011 was approved by a unanimous vote of

7-0.

d. Chair MacWood introduced consideration of two liquor license renewals:

Chair MacWood moved that ANC3C take no objection to the renewals. Commissioner Hahn seconded, and the motion passed by a unanimous vote of 6-0.

e. Chair MacWood stated that Brick’s Tavern on Connecticut Ave., NW had a May 21 hearing date for a liquor license for a tavern with piped music. Chair MacWood stated that the application says "summer garden" and that ANC3C would need to be sure the owners had permits for it and didn’t include any structures that were not approved by the Historic Preservation Review Board. She moved that the application be endorsed with that reservation, and Commissioner Hahn seconded. The motion was approved without objection.

f. Commissioner Hogan stated that the Sikh Cultural Society had applied for a public space permit for a curb cut on Massachusetts Avenue between 38^th Street and Idaho Avenue NW. Commissioner Hogan stated that neither the society members nor neighbors were present, but she had heard no objections to the curb cut. She stated she would like to the Sikh society to apply for a permit for its retaining walls and pay associated fees. She stated this should be a condition for the curb cut approval. Resident Peter Espenscheid stated that ANC3C should not approve anything since the applicant is already in violation of what they should be doing. Commissioner Reeves asked if this would string out construction even further. Commissioner Hogan suggested postponing consideration of the public space permit application until the Sikh Cultural Society rectified the retaining wall permit. Commissioner Hogan did state that after the last ANC3C meeting, the society did finish perimeter fencing, making the structure much more secure than it was, but there was still a steel plate in the middle of 38^th Street. Commissioner Hogan moved postponement of the curb cut application until other issues were resolved, and Chair MacWood seconded. The motion passed by a unanimous vote of 6-0.

a. Commissioner Hahn moved that the March 24, 2003 meeting minutes be approved, and Chair MacWood seconded. With minor adjustments, the minutes were approved without objection.

b. Commissioner Hahn introduced a resolution to increase the administrator’s pay to $17 per hour. Commissioner Welsh seconded, and Resolution 2003-013 passed by a unanimous vote of 6-0.

a. Commissioners discussed a schedule for planning and zoning committee meetings. Commissioners agreed to meet on the Monday preceding the ANC meeting, except in May, when it would take place on the second Monday.

Commissioners tentatively scheduled a Monday, May 5 transportation committee meeting to discuss the Rock Creek Park use plan.

XI. ADJOURNMENT: Without objection, the April 2003 meeting of ANC3C adjourned at 10:57 p.m.