2006

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF JANUARY 9, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon, presiding.

Commissioners present: Gordon, Levine, Fromboluti, Beach, Buchholz, Nolan and Redmond.

An audience of some 30 persons was present.

1. CHAIR COMMENTS: Chair Gordon spoke of the need for the community to be especially vigilant regarding their surroundings in the wake of the horrible robbery, beating, and subsequent death of a neighbor on Gramercy Street that has shaken the neighborhood during the past week. He asked for a moment of silence in memory of David Rosenbaum. The Commission and neighborhood are extremely upset about this tragic loss of life in our area and will be considering what further actions it might take to support police officers and residents in preventing crime.

2. The AGENDA was adopted by a vote of 7-0, with agreement to add several matters, including discussion of a proposed letter to the National Park Service regarding proposed traffic calming in Rock Creek Park, the reconstruction of 38th Street, repair of alleys, and an update on the Connecticut Avenue crossing flags.

3. Upon nomination (by Commissioner Fromboluti, as a slate) and unanimous vote of the Commissioners (7-0), the following were elected as OFFICERS for ANC 3/4G for calendar year 2006:
Robert Gordon, Chair
Jerry Levine, Vice Chair
Allen Beach, Treasurer and Secretary

4. The existing version of the BY-LAWS of ANC 3/4G was reconfirmed by a vote of 7-0.

5. Chair Gordon next welcomed Mr. Muhammad Khalid, Ms. Samira Cook and Mr. Jeffrey Jennings, three current DDOT officials, who attended the meeting in order to discuss the reconstruction of RENO ROAD, repair needs for the roadway on 27th Street and other pending DDOT issues in our neighborhood. Commissioner Fromboluti opened the discussion with questions about the current repair work on RENO ROAD. He noted that the community is very pleased that this important roadway is finally being improved. However, he expressed concerns over the initial delays in the project and also about the eyesore to residents from construction materials being left on the site of a triangular area off to the side of Reno Road. Mr. Khalid responded that there were some initial delays in starting the work due to adverse weather as well as some logistical planning and coordination questions for traffic control and WASA issues; nevertheless, he reported that DDOT’s contractor on the job remains optimistic that some work time might be made up when the actual repair work commences this spring and continues into the summer. Mr. Khalid noted that the project is being undertaken by closing lanes two blocks at a time so that large segments of Reno Road will not have to be shut down during the reconstruction of the road. He also noted that new signage has been placed on the road to clarify detour routes. Commissioner Levine and other Commissioners pointed out the need to erect more such detour signs to direct motorists around the closed sections of the road. Mr. Khalid said he expects the work to be completed by early next year and that he will keep the community continuously informed of the status of the work as it proceeds.

Members of the audience noted especially the confusion at the intersection of Jennifer Street and Reno Road where there is a “no left turn” sign on Reno Road as one proceeds northward — it is not obvious at that point that traffic has to continue past the concrete barrier on the one-lane part of Reno Road in order to continue going north on Reno Road. One neighbor mentioned that it is very difficult for a large van that transports residents of an assisted living facility in the area to get through the Reno Road barrier, which in turn causes any traffic stopped behind the van to back up. Another resident noted that a good deal of traffic is being diverted off of Reno Road and onto 41st Street and that residents living on 41st Street now must endure both an increased level of traffic on their narrow, residential street, as well as some greater amount of speeding on the street. Mr. Khalid stated that he would check to make sure that all the detour signs in the area are clear and further reported that DDOT is planning to undertake the repair of Jennifer Street that is now in a serious state of disrepair. Commissioner Nolan has asked the MPD Second District to increase its enforcement of speeding and stop sign violation laws in this area.

6. COUNCIL MEMBER MENDELSON next appeared in order to discuss and answer questions from the Commission and residents concerning a number of pending issues that have or will come before the DC Council, including the status of the new baseball stadium, smoke-free DC legislation recently enacted, the School Modernization Act, property tax relief, speed cameras, special education costs, domestic partner legislation, etc. The Commission thanked Mr. Mendelson for taking the time to brief the community on all of these important pending matters.

7. Returning next to the discussion of road repair and traffic with the DDOT officials in attendance, Commissioner Nolan raised the issue of repairs that neighbors want to have made to the 27th STREET ROADWAY and the problem of speeding traffic on the downhill portion of the road proceeding from Military Road down into Rock Creek Park. Ms. Cook responded by saying that that a DDOT study has been made of 27th Street, and that while the slope of most of the hill prevents speed bumps from being appropriate, DDOT has nevertheless decided to install a temporary speed hump type device at the crest of the hill within the next few months. DDOT will then ask for feedback from the community concerning this speed device and if positive, would thereafter consider whether to install it on a permanent basis. Commissioner Nolan called DDOT’s attention to the problem of a great deal of water flowing down the roadway, which freezes during the winter causing an ice hazard danger to drivers and pedestrians. Mr. Khalid noted that 27th Street has already been scheduled by DDOT for a “milling and paving” type of resurfacing (not reconstruction), but that such resurfacing will likely not address the water problem. (DDOT officials said that DDOT would undertake this 27th Street work when there are three or four days of warmer weather). Commissioners Nolan and Buchholz both reiterated the longer-term need for a complete reconstruction of the 27th Street roadway.

Commissioner Levine then asked the new DDOT Ward Three Transportation Planner Jeffrey Jennings about the status of installation of the approved traffic LIGHT AT CONNECTICUT AVENUE AND MORRISON STREET and Commissioner Nolan reminded the DDOT officials of the Commission’s previous request to be included in the planning for the exact specifications of the light and additional area elements. Mr. Jennings replied that he would look into the status of the light and report back to the Commission (in a subsequent e-mail message to Commissioner Levine, Mr. Jennings reported that the light will be installed in April and that DDOT will consult with the Commission regarding specifications and area elements).

Commissioner Fromboluti next asked DDOT when REPAIRS TO 38th STREET will be made, since the work has been delayed for a long time. Mr. Khalid responded that this project remains high priority and would be undertaken this spring.

Commissioner Redmond advised DDOT that WESTERN AVENUE between Oregon Avenue and Chestnut Street is also in need of repair and further, that BEECH STREET needs repair due to some damage caused by steady construction truck traffic during the Western Avenue reconstruction project. She asked DDOT to consider including the resurfacing of these road areas as an additional or incidental expense related to the larger Western Avenue reconstruction project.

Chair Gordon advised the DDOT officials that repaving is necessary for the ALLEYS LOCATED BEHIND THE 5300 AND 5400 BLOCKS OF CONNECTICUT AVENUE and that the Commission has received a petition for such repaving from residents of the 5300 block. A resident of the 5400 block in attendance presented pictures of that alley and stated that no repair work at all has been done in the alley for some 30 years. Mr. Khalid responded that he would inspect these alleys and also inquire as to whether the 5400 block alley is owned by the District or is privately owned. He asked that the Commission and neighborhood express its priorities to DDOT as to the repair of such alleyways in our area, since the amount of funds available to DDOT for such purposes is severely limited and the needs throughout the city are so great (there are some 300-400 alleys in disrepair in Wards 3 and 4 and only $1 million a year available). Upon motion by Commissioner Levine, the Commission voted, by a vote of 7-0, to send a letter to DDOT requesting an early investigation and report on each of these alleys behind Connecticut Avenue.

8. Commissioner Nolan next reported that new bright orange PEDESTRIAN FLAGS have been installed at the crosswalks along Connecticut Avenue (at Morrison and Northampton Streets) and she displayed samples of some old flags that have been replaced, noting that their deteriorated condition is evidence of heavy usage by pedestrians.

9. After discussion, upon motion of Commissioner Buchholz, the Commission next voted, by a vote of 5-0-2 (Commissioners Gordon and Levine abstaining) to send a letter to Ms. Adrienne Coleman, Superintendent of the National Park Service, opposing installation of proposed traffic calming measures along Beach Drive within ROCK CREEK PARK. Commissioner Buchholz expressed his views that the speed tables proposed by NPS are not consistent with DC regulations due to high traffic volume in the Park, could irritate motorists and recreational users alike, and could divert traffic onto Oregon Avenue and other neighborhood streets. Commissioner Levine noted that this matter should have been placed on the proposed agenda of the meeting with notice to the neighborhood so that NPS and resident views could be heard. (The Commission acted upon this matter at the meeting due to time constraints regarding the deadline for submission of comments to NPS; a form of notice to the public had been provided in the distributed Minutes of the previous ANC meeting of December 12, 2005 at which this matter was discussed).

10. COMMISSION BUSINESS:

a. The Minutes of the December 12, 2005 public meeting were approved by a vote of 7-0.
b. The Commission voted (7-0) to participate in the ANC Security Fund.
c. The following checks were approved by a vote of 7-0: $106.25 to the Chevy Chase Bank (December Federal withholding); $200.00 to DC Treasurer (DC withholding 2005); $25.00 to ANC Security Fund; $271.47 to DOES (DC Unemployment 2003-2005); and $56.00 for FUTA (Federal unemployment 2005)
d. Letters to be sent to: Superintendent Coleman concerning traffic calming measures in Rock Creek Park; DDOT concerning repair of alleys; DC Auditor concerning participation in the ANC Security Fund; DC Council concerning reconfirmation of ANC By-Laws and election of ANC officers for 2006.
e. Chair Gordon announced that the date for the meeting with the Department of Parks and Recreation for ANC members and others is January 23rd at 3 p.m., at DPR offices.
f. The next scheduled meeting of the Commission has been set for January 23, 2006 and will include the following item: October-December 2005 Quarterly Financial Report.

The Commission meeting of January 9, 2006 was adjourned at 9:30 PM.

The next meeting of the Commission will be held on Monday, January 23, 2006 at 7:30 p.m.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

_________________________ ___________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF JANUARY 23, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon, presiding.

Commissioners present: Gordon, Levine, Beach, Buchholz, and Nolan.
Commissioners absent: Fromboluti, and Redmond.

An audience of some 25 persons was present.

The AGENDA was first agreed to by a vote of 5 – 0, with the addition of a presentation by a representative of the Committee for Full Funding of DC Schools Modernization.

1. Chair Gordon then began the discussion of PUBLIC SAFETY CONCERNS including emergency transportation protocols from the DC Fire Department and Bethesda Chevy Chase Rescue Squad (a representative of BCCRS was invited but was unable to attend the meeting), availability of prompt ambulance service and related issues. Chair Gordon stressed that the purpose of the discussion would be solely to consider the general issues concerning emergency needs of District residents, focused primarily on the Commission’s area, but not to review any of the specific facts or circumstances surrounding the recent tragic assault and death of Mr. David Rosenbaum on Gramercy Street, NW (a matter that is currently under active investigation by District authorities). Commissioner Nolan added some background remarks on the overall safety issues and then introduced Acting Battalion Chief Rafael Sa’adah of the DC Fire Department Emergency Medical Services (EMS) and other officials of the Department, including counsel.

Chief Sa’adah first indicated that the District currently has a full fleet of some 34 “transport vehicles” (ambulances) on active call duty service in DC and that in the Northwest area of the city, there are four of these located in four DC firehouse stations, as follows:

Ambulance #20 – Tenleytown (but temporarily located at 1700 Lanier Place, NW during construction of the Tenleytown Firehouse)
Medic Unit #31 – Connecticut Avenue at Fessenden Street NW (but temporarily now located at Connecticut Avenue and Porter Street, NW
Ambulance #22 – Georgia and Missouri Avenues, NW
Medic Unit #24 – Georgia Avenue at Gallatin Street, NW

Chief Sa’adah explained that there are three levels of emergency service in the District: (a) EMT – “basic life support” (BLS); (b) EMT-I (intermediate); and (c) Full EMT-P (permanent) – “advanced life support” (ALS). Each emergency personnel worker is trained (the Department is working towards cross-training as well) and is required to undergo a biennial re-certification process. The personnel on the BLS vehicles are technicians and paramedics who do not necessarily have expert diagnosis skills. Most all fire truck vehicles in the District have at least one BLS-trained emergency person on board at all times. The Chief indicated that training of personnel continues all the time, but that it is quite expensive due to the costs of having to pay experienced trainers and obtain adequate facilities for the training sessions.

The Chief explained the process and procedures required under existing protocols for what happens when an emergency 911 call is made. He said that Office of Unified Communications (a new, independent DC agency) staff has the responsibility for answering all 911 calls. The call takers are trained to quickly obtain all necessary basic information from the caller in order to determine which agency or agencies to which to refer the emergency call. The referral is made and then a dispatcher at the particular agency (Fire Department, EMS, MPD, etc.) dispatches the appropriate transport unit. He pointed out that the better and more complete the information that is provided by the emergency caller, the more likely it is that the appropriate unit will be dispatched to the site. The Chief called on everyone in these situations to be honest and forthright about the emergency — if there are indications of a heart attack, for example, one should not hold back information or try to make oneself believe that you will be alright, but rather quickly explain the symptoms and let the experts send help when necessary. The Chief also explained that these emergency situations are “dynamic”, changing quickly and constantly, so that as the call taker obtains updated information, the personnel are trained and authorized to alter the instructions to the dispatcher for the transport unit as necessary.

In response to a question by Vice Chair Levine as to who makes the actual dispatch decision regarding which transport unit is instructed to go out and under what criteria, Chief Sa’adah said that the call taker uses an eight-point national manual set of criteria. Commissioner Levine further inquired about who makes the decision as to where (which hospital, for example) a victim is to be taken and again, using what criteria. Chief Sa’adah explained that once the dispatched “provider” arrives on-site to assist in the emergency, the provider uses a system of established “transport priorities” that include “critical” ones (such as an “unstable” or “potentially unstable” victim) and “non-critical” ones (such as a “stable” victim) to make the decision as to where to take the victim. If the victim is stable, for example, the on-site provider will have more discretion on where to go. The decision as to where to take the victim is partially dependent on which hospitals or other facilities are closed or already overcrowded, but importantly, upon a follow-up question by Commissioner Levine, the Chief specifically stated that if a victim’s life appears to be in danger, the on-site provider is instructed and authorized to take the victim to the nearest open hospital or facility.

Chair Gordon then asked the Chief about response times after receiving an emergency call. Chief Sa’adah replied that average response time is currently estimated at less than a minute to reach the call taker (95%-99% of all 911 calls go through within a matter of five seconds, the Chief said), one to three minutes for the dispatch of transport or fire equipment and approximately five to seven minutes for the units to reach the site. The entire process should take no more than ten minutes on average, and the Chief also reported that response times in DC are improving. The Chief also advised that clear, easily-readable street location address signs on houses will improve the ability of emergency vehicles to find the correct location of an emergency or victim. The on-site provider makes an assessment, renders treatment and transports the victim to the facility, as needed. The Chief said that the average transport time for the unit to arrive at hospitals and other facilities is generally fifteen to twenty minutes.

The Chief also responded to a number of additional concerns. He said that currently, the District’s EMS service has more applicants than positions available. All EMS vehicles are now in full service, and several are in reserve. Moreover, additional vehicles are available as needed from the reserve fleet maintained by the federal Department of Homeland Security.

There were several questions and comments as to the services provided by the Bethesda Chevy Chase Rescue Squad (BCCRS) under the 2001 Memorandum of Understanding (MOU) between the District Fire Department and BCCRS relating to BLS service. Issues center upon the circumstances under which BCCRS personnel are authorized to enter the District to provide emergency assistance and the role of DC EMS personnel in such situations. The Chief indicated that BCCRS notifies DCFD officials of any request they receive for assistance, but that BCCRS makes its own independent determination as to whether or not to come out to assist and does not need permission from DCFD to do so. The Chief said that the MOU is fully up to date and effective, and that BCCRS personnel are all volunteers. Commissioner Beach cited an example many years ago when DC EMS and BCCRS personnel actually were arguing on-site about which had jurisdiction to transport a victim, but the Chief indicated that to his knowledge this kind of thing does not happen now. A further open question for review is whether or not BCCRS personnel can provide the ALS level of service in the District under its existing contractual authority.

Further concerns related to the slow pace of construction of the Tenleytown firehouse station expected to reopen later this year, as well as the proposed future firehouse to be located on MacArthur Boulevard. The Tenleytown firehouse, once it is open, will house emergency transport units closer to the Chevy Chase neighborhood.

The Chief also explained that a significant source of delay in locating emergency vehicles is the geographic dispersal of hospitals and other facilities and the long time it takes a vehicle to return once it arrives at the facility — due to waiting time at the facility and return time thereafter.

A representative of the Chevy Chase Citizens Association and several residents (including one DC emergency person active in a union) questioned the accuracy of all the information being provided as well as the overall adequacy of existing emergency procedures in the District, including EMS training and personnel retention. Some complaints were heard about slow response times and at least one said that they would only call BCCRS in an emergency situation, not the DC 911 line. One person questioned whether or not significant sums available to DC from the federal Homeland Security Department were being used. In response to one question, the Chief said that the District Department of Employment Services is undertaking a “Paramedic Cadet Program” for recruiting student health care professionals into paramedic training to assume positions in emergency service. Other neighbors stressed the need for “seamless” services between BCCRS and DC EMS personnel. Chief Sa’adah stressed that the only acceptable standard of care for his Department is that all emergency services be satisfactory in all respects.

In summary, Chair Gordon then said that many residents in the Chevy Chase neighborhood area contribute each year to BCCRS and keep the BCCRS telephone number handy (often stickers are placed on telephones) because they have considerably more faith in the ability of BCCRS personnel to assist them in an emergency than they do in DC EMS. He said that the shame is that District taxpayers are paying for a service that is perceived by local residents to be less effective than that of one in neighboring Maryland, and that while it is unclear whether this is just a perception of neighborhood residents or the reality, DC EMS is suffering from this and thus needs to take steps to improve both its public relations as well as actual performance. Chair Gordon went on to thank the EMS participants, especially Chief Sa’adah, for taking the time to review these matters with the Commission and neighbors. The Commission will continue to monitor emergency services in the neighborhood and will revisit these issues for further review and discussion at future Commission meetings.

2. Mr. Michael Siegel next made a presentation on behalf of the COMMITTEE FOR FULL FUNDING OF DC SCHOOLS MODERNIZATION regarding the need for modernizing many older school buildings in the District. Mr. Siegel described the extent of the problem, discussed current pending legislation in the Council (DC Schools Modernization Financing Act), and also presented a draft resolution for the Commission to consider adopting that would support the committee’s efforts to secure a dedicated annual revenue source for the funding of the capital costs of school modernization in DC. The estimate of modernization needs for the DC schools over the next 15 years ranges, Mr. Siegel reported, from $2.5 to $3.0 billion. The bill pending in Council introduced by Council Member Patterson would provide $1.0 billion to be paid for by the deferral of planned personal income tax reductions (an Amendment by Council Member Evans would change the revenue source to increased sales tax revenues). Questions were raised concerning the parallel need to close unused and underused schools (and not spending to modernize schools that need to be closed), as well as the importance of formulating an overall comprehensive plan for implementing DC school modernization over the longer term. It was agreed to place this item on the agenda for the next Commission meeting, at which time the Commission will consider what action it wishes to take, if any, regarding this matter. Further information concerning this subject is available at “www.fixourschools.net”.

3. Chair Gordon next began a discussion concerning a 25,000 square foot property located at 5649 WESTERN AVENUE (property formerly known as the “Mother Theresa Home”), which has been listed publicly for sale for “school/church/community services” uses. Several neighbors attended the meeting in order to express concerns about the future use of the property for either commercial or religious purposes, especially regarding increased traffic and parking in the neighborhood. Commissioner Beach read a fax letter that the Commission had received from Lincoln Property Company, the owner of the property, indicating that at this time no active prospects for the sale of the property are in hand, that the owner would continue to be evaluating the property, and that any party interested in purchasing the site would be made aware of the ANC/BZA process. Neighbors indicated that the Mother Theresa Home had moved out about a year ago, and that they believe that any use other than residential would have adverse effects on that area. It was pointed out that the property is zoned R-2 and Commissioner Levine advised the neighbors to seek expert advice on what that zoning classification permits and what possible future uses may be made for the site, either “of right” or by way of special exception. The Commission agreed to provide neighbors with any further information concerning a possible future sale of this property as it might receive or obtain.

4. COMMISSION BUSINESS:

a. The MINUTES of the January 9, 2006 public meeting were approved by a vote of 5-0.
b. The following CHECKS were approved by a vote of 5-0: $71.68 to Office Depot (office supplies); $215.40 to RCN (internet provider); $55.86 to Verizon (January phone bill).
c. The October-December 2005 QUARTERLY FINANCIAL REPORT was approved by a vote of 5-0.
d. The next scheduled MEETING OF THE COMMISSION has been set for Feb. 13, 2006 and will include the following items: further consideration of DC schools modernization; update on the status of the Broad Branch Market redevelopment; and commercial sale of paraphernalia used to consume illegal narcotics.
The Commission meeting of January 23, 2006 was adjourned at 9:30 PM.
The next meeting of the Commission will be held on Monday, February 13, 2006 at 7:30 p.m.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

_________________________ ___________________________

Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF FEBRUARY 13, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon, presiding.

Commissioners present: Gordon, Levine, Beach, Buchholz, Fromboluti, Nolan, and Redmond.

An audience of some 30 persons was present.

The AGENDA was first agreed to by a vote of 7 – 0, with additions regarding an update on the status of installation of the Connecticut Avenue-Morrison Street traffic light; and under Commission Business, restrictions on political activity by ANC Commissioners, and the Commission’s status with respect to the payment of unemployment insurance. A discussion of the sale of paraphernalia purchased for use with illegal drugs was postponed.

1. CHAIR COMMENTS. Chair Gordon opened the meeting by extending the Commission’s condolences to Commissioner Nolan for the recent losses of her mother and father-in-law and said that Commissioners would be making personal donations to her designated charities in memory of those relatives. He also noted and commended DDOT for its high level of performance in snow removal during the recent storm and added that most businesses and residents in the area had promptly cleared their sidewalks of snow and ice as required by law.

2. BROAD BRANCH MARKET. Vice Chair Levine next introduced Ms. Stella Kestell, Director of Operations representing the owner of the BROAD BRANCH MARKET, the Bloom Companies (Mr. Lewis Bloom), for a discussion of the status of the renovation of the market. Ms. Kestell first provided the Commission and neighbors with a brief history of the Bloom Companies’ acquisition of the property in April 2004 and its general plans for the redevelopment of the market, including a description of the considerable delays that have occurred. Ms. Kestell explained that it became necessary for the developer to terminate the services of the original architect for the project last fall and that as a result, revised plans and specifications had to be prepared by the new architect. The developer had originally planned to have all plans and specifications finalized so that applications for DC permits could be filed last November, but in fact the applications were not ready to be filed until January 19, 2006, on which date applications for all required engineering, mechanical and structural change permits were filed. Ms. Kestell reported on the current status of the pending building permit applications by saying that technical comments have been received with respect to some but not all of the permit applications from the various building permit divisions of the District government (DCRA), and that she expected the various approvals to be received soon (she hoped they would be done by March), after which the permits could be issued. Ms. Kestell further advised that the development team continues to anticipate a nine-month construction period and therefore is still planning to complete all required rehabilitation work for the project by the end of 2006 or early 2007, depending on when the necessary permits are actually issued.

Vice Chair Levine, in whose Single Member District the property is located, then raised a number of issues and concerns with Ms. Kestell regarding the property and project, some based upon complaints that he has received from neighbors and nearby residents. First, he asked Ms. Kestell to confirm that the second floor windows have now been totally boarded up with wood planks in order to protect the building from the effects of adverse weather conditions (this has been a concern of neighbors for some time); Ms. Kestell confirmed that the window openings have been covered, but said there was continued vandalism and entry being achieved through boarded up windows on the basement level. Ms. Kestell also said the developers did not believe the damage to the building from harsh weather would adversely affect their rehabilitation plans (while the exterior of the building is to be saved, most interior areas will be “gutted” out, she said); nevertheless, Mr. Bloom agreed to cover the window openings with wood when Commissioner Levine and others reported the high level of neighborhood concern about this. Commissioner Levine further inquired about the status of the developer’s plans to lease the second floor space to a children’s day care center, which is necessary for the financial feasibility of the entire project, and Ms. Kestell replied that the day care operator is still interested (though no written commitments are yet in place) and that plans call for the kind of day care center that would encompass an all-day program for toddlers over the age of 18 months in order for the facility to qualify under existing District regulations regarding the location of such facilities on the second floor of a building. Commissioner Levine also asked about the continued interest or commitment from the prospective food operator who would be retained to operate the market once it is renovated; Ms. Kestell responded by saying that the potential operator remains committed to going forward and has already begun to work with the structural architects in regard to the layout of the market space. Commissioner Levine noted that an issue has been raised regarding illegal parking on the market site and advised residents that any cars parking on the market property to drop off or pick up children at Lafayette School or for any other reason were in danger of being ticketed and towed. He also commented that some residents informed him that they were worried that the long delays in starting the project and the general deterioration of the property in the interim caused them to think that the developer might be planning to eventually tear the building down and erect or sell the property off for single family homes. Ms. Kestell responded by saying firmly that, from the start, the clear and continued intention of the redevelopment team has been to rebuild and renovate the property into a neighborhood specialty food market, which is what the neighborhood had said it wanted.

Chair Gordon then opened the Commission portion of the discussion by asking how an experienced builder such as the Bloom Companies could make so many mistakes on a project that has led to substantial development delays and such heightened community concern. Commissioner Fromboluti said that he found the apparent neglect of the building inexcusable and that these issues were clearly the owner’s responsibility. Commissioner Beach added that: (i) he was also of the view that accountability for the security of the building rests with the developer; (ii) the developer needs to remain mindful of the restrictions against the day care center holding drop off or pick up hours that conflict with such times at Lafayette School; and (iii) an issue that remains unresolved is the status of the developer’s attempts to secure the previous liquor license held by the former owner of the property, that would need to be transferred to the new owner (acquisition of a totally new liquor license for the site would apparently be difficult or even impossible to achieve). Commissioner Nolan commented that the basement windows had been repeatedly knocked out and the building often vandalized, and would report this matter to the police. Commissioner Buchholz questioned how much of the original façade would remain; Ms. Kestell replied that because of structural requirements, most all of the interior would be removed and that this would also affect the outside façade to some extent.

Several neighbors then expressed their concerns about the seeming lack of proper care for the building and grounds of the property, including cutting of grass, snow and ice removal, security and protection from elements and vandalism, as well as long development delays. Neighbors indicated that on several occasions they had taken it upon themselves to personally cut the grass or shovel the snow on the property in order to make up for the owner’s lack of diligence with respect to these tasks. One neighbor questioned the long-term feasibility and viability of a food market at this location, especially if the owner or food operator is unable ultimately to achieve acquisition of a beer and wine liquor license for the property. Another neighbor asked why the developer could not immediately erect a strong fence surrounding the entire perimeter of the property to secure it against intruders during the entire construction period. Commissioner Buchholz said that the developer could and should apply immediately for a fence permit that would allow an in-ground fence to secure the whole property. Ms. Kestell agreed to immediately pursue this fence option and to take the necessary steps to measure up the property for a fence permit application to be obtained at the earliest possible time. Chair Gordon then asked that the Bloom Companies provide the Commission and the community with a step-by-step schedule (timeline) for completion of the entire project so that all interested parties can follow the progress of redevelopment as it occurs over the next number of months. In response to questions, Commissioner Levine explained his role in the process in terms of his working with the development team and neighbors over the last two years and reporting information on the project as he receives it from the developer.

3. DC SCHOOL MODERNIZATION CAMPAIGN. The Chair next called upon Ms. Andrea Rosen who made a presentation on behalf of the DC School Modernization Campaign regarding the need for modernizing and renovating many older school buildings in the District. She described the organization’s overall goals for modernization, and requested that the Commission endorse the principles and goals of the Campaign (as for example, the goal that “within fifteen years all DC public schools will be safe, sound, educationally appropriate, high-quality, 21st century schools” and that “the City Council will approve, during this (FY 07) budget-approval cycle, a sufficient, dedicated, guaranteed source of funds to accomplish this”). Commissioners discussed the matter and all felt that, while they generally support these general goals and principles, they have a number of strong concerns about the overall implementation process including the necessity for adequate financial accountability and controls, and need for careful administrative oversight. In particular, the Commissioners noted their strong interest in asking that as part of any modernization effort for the schools, there needs to be instituted a separate, independent and strong new organizational entity to implement the plans, control the funding and expenditure mechanisms and ultimately be held accountable for all results. Commissioners were skeptical that this extent of modernization work could be accomplished or done efficiently within the existing organizational structures of the school system.

Commissioner Nolan commented that the petition being presented for the Commission to endorse contained a provision saying that the signer agree not to support any Council Member who is not in agreement with the stated principles, and that she could not agree to this provision since her support for a Council Member would not depend in any instance upon a single issue such as this. The Commissioners noted that at its previous meeting of January 23, the Commission had received a request to endorse another parallel resolution on this same subject received from the Committee for Full Funding of DC School Modernization, at which time Commissioners had raised similar concerns about administration, implementation, oversight and accountability for the efforts. Rather than endorse either of the two requested resolutions or statements of principles, the Commission agreed to prepare its own set of principles concerning the need for school modernization, melding portions as deemed appropriate from the two proposals that it has received, but also reflecting the strong concerns on the part of the Commissioners regarding the implementation vehicle. Vice Chair Levine agreed to draft a proposed resolution on this subject for the Commission to be considered at its next meeting.

4. MILITARY ROAD PARKING RESTRICTIONS. Chair Gordon next presented for discussion the matter of notification received from DDOT concerning its intention to remove previous south side rush hour parking restrictions on the 2700-3000 blocks of Military Road. The Chair explained that a letter received from DDOT dated January 27, 2006 states that the reason for the change is to allow all day parking for local residents in the existing parking lane now that the re-striping of the roadway and new traffic pattern configuration has been implemented for that section of Military Road (following an earlier DDOT traffic calming study and ANC recommendations in this regard). DDOT stated that the existing parking restrictions during rush hours are no longer needed and that the removal of the restrictions will enhance pedestrian and vehicular safety. The Chair commented that installation of self-actuated traffic lights, as previously recommended by the Commission, has yet to be completed by DDOT in this area and would assist the flow of traffic. Commissioner Nolan reminded the Commissioners that the Military Road changes are still within the test phase, and that if the lanes were to revert to their prior configuration after the test period, parking restrictions in the south side parking lane would have to be re-instituted. The DDOT Ward Three Traffic Planner, Mr. Jeff Jennings, was present at the meeting to discuss another matter but since this parking lane restriction area is located in Ward Four, he referred the Commissioners to Ms. Samira Cook, the Ward Four Transportation Planner, for a complete response.

5. TRAFFIC SIGNAL AT CONNECTICUT AVENUE AND MORRISON STREET. Chair Gordon then asked Mr. Jeff Jennings of DDOT to provide a brief report regarding the status of installation of the previously approved traffic light at Connecticut Avenue and Morrison Street. Mr. Jennings advised the Commission and neighborhood that installation of the traffic light is scheduled by DDOT for April/May 2006. The Chair further inquired as to the specifications for the light, as DDOT had previously agreed to keep the Commission and neighborhood fully informed as to the exact type of light that would be installed. Chair Gordon suggested that a pedestrian friendly, “on demand” type of light would allow adequate time for pedestrians to cross Connecticut Avenue while traffic is stopped at the intersection. Mr. Jennings responded that the precise specifications for the light are being developed by the operations and engineering division of DDOT, who would be able to advise on the exact details of the light as well as any other changes planned for that intersection. Chair Gordon suggested (and moved) that the Commission prepare a letter to Mr. Douglas Noble of DDOT requesting a meeting with him by the ANC Commissioners previously designated to represent the Commission in this matter (Commissioners Gordon, Fromboluti, Nolan and Levine) for the purpose of being advised as to the planned specifications for the light (such consultation with DDOT having been envisioned by the Commission’s letter to DDOT and resolution of June 27, 2005 supporting the installation of the traffic light). The motion by Chair Gordon was agreed to by vote of 7-0.

6. PEPCO LIAISON. Commissioner Nolan then introduced Ms. Mary Ann Evan, the new PEPCO liaison to ANCs, who succeeds Mr. John Howe, who was also in attendance. Ms. Evan recognized and thanked Mr. Howe for his previous service with PEPCO in this position. Ms. Evan in her new role will be the point of contact within PEPCO for our neighborhood and Commission. Ms. Evan resides at The Garfield apartments in the neighborhood.

7. COMMISSION BUSINESS:

a. The MINUTES of the January 23, 2006 public meeting of the Commission were approved by a vote of 5-0-2. (Commissioners Fromboluti and Redmond abstained since they had been absent at that meeting).
e. The following CHECKS were approved by a vote of 7-0: $79.23 to Chevy Chase Bank (federal withholding, January); $69.27 to Office Depot (office supplies); and $55.39 to Verizon (telephone bill).
f. The role and membership of the Special Committee on the revised COMPREHENSIVE PLAN was reaffirmed (Commissioners Fromboluti, Levine and Gordon).
g. Commissioner Beach noted the receipt of information reminding Commissioners of existing HATCH ACT legal restrictions concerning the undertaking of certain partisan political activities on the part of sitting ANC Commissioners. Commissioner Levine mentioned that he had done some recent research on this subject and stated that there were several applicable exceptions and areas where certain forms of partisan political activity are permitted.
h. Commissioner Beach reported on the issue of the Commission’s paid UNEMPLOYMENT INSURANCE.
i. The next MEETING OF THE COMMISSION has been scheduled for Monday, February 27, 2006 and will include the following items: further consideration of a resolution regarding the modernization of DC public schools; a report from DDOT on the new traffic pattern on a portion of Military Road; and the commercial sale of paraphernalia used to consume illegal narcotics.

The Commission meeting of February 13, 2006 was adjourned at 9:30 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

_________________________ ___________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF FEBRUARY 27, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon, presiding.

Commissioners present: Gordon, Levine, Beach, Buchholz, Fromboluti, and Nolan.
Absent: Redmond.

An audience of some 20 persons was present.

The AGENDA was first agreed to by a vote of 6 – 0, with additions regarding: ongoing issues concerning the renovation of the Wilson High School Pool; neighborhood parking enforcement and pedestrian safety issues; resolution of the Swaziland Embassy-related noise issue at 3936 McKinley Street; and stop signs on Oregon Avenue. Vice Chair Levine suggested that Commission Business be placed first on the Agenda in order to allow time for interested residents and neighbors to arrive to the meeting for the other issues. Commissioner Nolan asked that the matter of a discussion concerning the sale of drug use paraphernalia materials be postponed due the fact that the person scheduled to present this issue to the Commission was unavailable on account of illness.

1. CHAIR COMMENTS. Chair Gordon opened the meeting by commenting on the new Master Education Plan just released by School Superintendent Janey. The Chair noted that the Plan was ambitious but well thought out and expressed the hope that the Plan would be implemented; he said that the Plan did not address school modernization, a topic that the Commission would be discussing later in this meeting (see item #4 below).

2. COMMISSION BUSINESS:

a. Commissioner Beach described a letter that he had sent to the DC Department of Employment Services regarding the Commission’s payment of UNEMPLOYMENT INSURANCE. He explained that the letter requested a waiver of penalties and interest assessed by DOES for late filings on the basis that the assessments applied to one period during which the Commission had no employees as well as one subsequent period during which the Commission had one employee, had requested the unemployment forms, but had received no response from DOES. Commissioner Beach added that most DC agencies are not required to pay unemployment insurance, remain liable for unemployment costs on a self-insurance basis, and that the entire issue of ANC payments for unemployment is now pending before the DC Attorney General.
b. The MINUTES of the February 13, 2006 public meeting of the Commission were approved by a vote of 6-0.
c. The following CHECKS were approved by a vote of 6-0: $54.88 for Allen Beach (petty cash: $25.84 tapes/discs and $29.04 postage).
d. Commissioner Beach next raised an issue that had been brought to the Commission’s attention concerning the possibility of the Commission posting copies of most all COMMISSION LETTERS sent to the DC Government and its agencies on the Chevy Chase Community listserv. Commissioner Beach moved that the Commission post copies of its correspondence on the listserv when a Commissioner moves to do so after the Commission takes action on a matter and a majority vote is taken in favor of such posting. Commissioner Fromboluti and Buchholz expressed concern about the additional procedures including an increase in e-mail postings and questioned whether there would be a gain to the public in terms of information received since all actions of the Commission and correspondence are already discussed in full in the Minutes of meetings that are posted on the listserv. After discussion, the Commission agreed by vote of 5-1 (Commissioner Buchholz opposing the motion) to post significant items of correspondence on the listserv when so voted upon by the Commission in a separate vote taken after the main vote on an item of business. Vice Chair Levine then stated his understanding that the implication of the Commission’s decision on this point means that there would be a kind of “presumption” that items of Commission correspondence would not automatically be posted on the listserv but that the presumption could be “overcome” by any commissioner asking for and obtaining a majority vote of the Commission in favor of posting of any given letter, resolution or other item of written correspondence on the listserv.

3. POLICE REPORT. Lt. Lockerman of the Second District Police next provided the meeting with an updated report concerning recent CRIME IN THE CHEVY CHASE AREA. He stated that in comparison to last year at this time, there has been a small increase in the number of burglaries (up from 5 to 8 over the previous three months, mostly on the commercial Connecticut Avenue corridor). Lt. Lockerman indicated that most of these crimes could have been prevented had the establishments kept their doors bolted shut or taken some simple further safety precautions. He also noted that the number of stolen automobiles has increased in our area and that thefts from autos continue to be a serious problem. (There has been an increase in thefts from autos particularly in the parking lot behind the Community Center). He reiterated the continuous police advice to residents to be sure to lock all doors when leaving cars and make sure that no personal items at all are left on the seats or visible when the car is parked. He emphasized that citizens need to be pro-active in reporting all indications of crime to the police. Lt. Lockerman also reported on an investigation of a gas smell at the Regency House property on Connecticut Avenue that turned out not to be a gas leak, said that police cars with lights on are patrolling alleys in the neighborhood at night, that there have been no murders in PS 201, that items are being stolen from outside the Magruders store on Connecticut Avenue, and that the police are aware of neighborhood concerns about an increase in crime in the vicinity of Regency House and are monitoring the area carefully.

4. DC SCHOOL MODERNIZATION. Chair Gordon next introduced the continuation of Commission’s prior discussion of the issue of public school modernization needs. The Chair described a draft proposed RESOLUTION ON THE MODERNIZATION AND REPAIR OF THE DISTRICT OF COLUMBIA PUBLIC SCHOOLS prepared by Vice Chair Levine subsequent to the Commission’s discussion of this matter at its prior meeting. He noted that the Commission had heard from two groups during its two prior meetings — the Committee for Full Funding of Public School Modernization and the DC School Modernization Campaign — and that the Commission’s draft resolution being introduced at this time seeks to combine the goals and some of the proposed resolution language of each group; however, he said that the intention of the draft was also to reflect the Commissioners’ strong views that there is a need for an independent entity to be created that would be held accountable to the DC Council for all implementation of school modernization efforts and related expenditures.

Specifically, the Commissioners noted their interest in asking that as part of any modernization efforts to be undertaken to benefit District public schools, there needs to be instituted a separate, independent and strong new organizational entity charged with the responsibility of implementing plans, controlling all funding and expenditure mechanisms and decisions, and ultimately being held accountable for achievement of results. Commissioners have been skeptical that the planned extent of modernization work could be accomplished or performed efficiently if undertaken on the necessary scale within the existing organizational structures of the DC school system. The Commissioners noted that at their previous meetings of January 23 and February 13, the Commission had received requests to endorse other resolutions on this same subject by the two groups, at which time Commissioners had raised similar concerns about the administration, implementation, oversight and accountability for the efforts. Rather than endorse either of the two requested resolutions or statements of principles on this topic, the Commission had agreed to prepare its own set of principles concerning the need for school modernization, melding portions as deemed appropriate from the two proposals that it had received, but also reflecting the strong concerns on the part of the Commissioners regarding the implementation vehicle. Vice Chair Levine then presented his draft of the above-named Resolution on this subject to the Commission, summarizing its contents and moving its adoption. Discussion ensued, which included the question of whether a fifteen year or possibly shorter (for example, ten years) should be set as the desired time period during which all repairs and modernization efforts would be completed. After discussion, the resolution was agreed and adopted by a vote of 6-0 (with one minor technical language amendment). By separate vote upon motion by Commissioner Beach, the Commission agreed by a vote of 5-1 (Fromboluti opposing) to post a copy of the approved Commission resolution on the Chevy Chase Community Listserv and to forward copies of it to all appropriate governmental agencies of the District and Council members.

5. MILITARY ROAD. Commissioner Buchholz next summarized ongoing concerns of neighbors about the new configuration of traffic lanes on Military Road, in particular the lifting of previous rush hour restrictions to allow all-day parking on the south side of the 2700-3200 blocks of Military Road, traffic flow and problems, and the timing of traffic lights at intersections. Commissioners voiced concerns about any proposal for the erection of pylons in parking lanes in this section of Military Road. Commissioner Nolan informed the Commission that detectors had been installed over the weekend on the side streets, causing some problems with the timing of the lights. DDOT was informed of the situation by e-mail and quickly responded to the problem by sending crews out to provide a remedy. The Commissioners noted that this new DDOT plan for this section of Military Road is clearly only a test or experiment and that they had previously agreed to wait the six months requested by DDOT in order for the results of DDOT’s current study of the new configuration to be completed and analyzed. The Commissioners therefore agreed to postpone any further discussion of this matter until after the DDOT analysis has been received upon completion of the six-month trial period, but noted that they would continue to follow the course of resident complaints and comments received on this matter in order to monitor the issues.

6. WILSON POOL. Chair Gordon then reported on a recent meeting he attended concerning the ongoing efforts underway to repair and reopen the Wilson High School swimming pool. He said that an architect has been hired for the project and that the budget has been set at $16 million. He described in general the architectural plans for various aquatic centers that the firm had done and said the common hope is to have all the work done so that the pool can reopen in December 2007. Copies of the general proposed plans to renovate the school pool facility will be available in about six weeks. In the meantime any comments that neighbors wish to make on the plans should be directed to the Commission office (located on the second floor of the Community Center).

7. ILLEGAL PARKING AND PEDESTRIAN SAFETY. Chair Gordon next noted that the District Department of Transportation has issued a new policy statement regarding ILLEGAL PARKING OCCASIONED BY RELIGIOUS AND SOCIAL ACTIVITIES DURING THE WEEK AND WEEKENDS throughout neighborhoods across the city. The new policy calls for illegal parkers first to be given warning notices beginning Sunday, April 23, the week after Easter; three weeks thereafter, the City will begin to enforce all applicable parking restrictions for these areas by writing tickets, booting repeat violators, and ordering towing of illegally parked vehicles. The Commission is notifying religious institutions and residents of this new policy by way of these Minutes and posting of them on the Listserv.

SAFETY. Commissioner Nolan noted that she has posted a copy of the Police Department’s new Pedestrian and Driving Initiative on the listserv. The Initiative targets drivers talking on cell phones, consuming alcohol, not having lights on at night, and those not wearing seat belts, as well as pedestrians who are “jay-walking”. She also noted that drivers are all now required to have a copies of their auto insurance policy cards in their possession at all times and would be fined if they are stopped by police and are unable to produce them.

8. 3936 MCKINLEY STREET. Chair Gordon next read a letter the Commission has received from the State Department in response to previous correspondence from the Commission complaining about noise during the night from parties at a home located at 3936 McKinley Street NW. A tenant living in the home on the property is an employee or representative of the Embassy of Swaziland and neighbors have long complained about noise, illegal parking, and destruction of property as a result of late night parties. The letter from the State Department advises the Commission that “the Ambassador [of Swaziland] has decided that the best solution for all concerned is for [the current occupant] to relocate when her lease at 3936 McKinley Street, N.W., expires in July 2006.” The Commission thus expects that this will resolve the issue.

9. OREGON AVENUE STOP SIGNS. Commissioner Buchholz next raised the issue of speeding vehicles on Oregon Avenue and noted that two requests have been received from residents for the installation of stop signs on Oregon Avenue at Moreland Place and Tennyson Street. He reiterated the clear DDOT position that installation of stop signs is not an appropriate response to a speeding problem (that is, DDOT does not consider stop signs as a method of deterring speeding) and therefore a petition for stop signs on the basis of speed of vehicles on the Avenue would not likely be successful at DDOT. He also noted that the requested stop signs would be located at “T” intersections and not at 4-way intersections. However, Commissioner Buchholz nevertheless said he would support any petition from the neighbors for stop signs at these locations. Mr. Thorn Pozen of Council Member Fenty’s office indicated that he had already provided the form for such a petition to neighbors. Commissioner Nolan further stated that a speed monitor had been placed on Oregon Avenue by DDOT to monitor the traffic on the street.

10. NEBRASKA AVENUE. Commissioner Buchholz also noted that copies of the plans for the reconstruction of Nebraska Avenue between Oregon Avenue and Utah Avenue are now in the Commission’s office and that any interested residents may come to the office to review them.

The next MEETING OF THE COMMISSION has been scheduled for Monday, March 13, 2006 and will include the following item: Special Exception to add a deck at 3727 Jocelyn Street in a R-2 district.

The Commission meeting of February 27, 2006 was adjourned at 9:00 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

_________________________ ___________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF MARCH 13, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon, presiding.

Commissioners present: Gordon, Levine, Beach, Buchholz, Fromboluti, Redmond, and Nolan.

An audience of some 20 persons was present.

The AGENDA was first agreed to by a vote of 7 – 0, with additions regarding Pepco’s tree pruning in the Chevy Chase community, the dumpster behind the American City Diner, a zoning issue on McKinley Street and several other minor items and announcements.

1. CHAIR COMMENTS. Chair Gordon announced that the Commission had received a response from DDOT to the prior request of the Commission made in May 2005 asking that the hours of “No Parking/Street Cleaning” restrictions against on-street parking on the Connecticut Avenue business corridor be changed to allow parking after 10 p.m. (current signs prohibit parking between 10 p.m. and 5 a.m.). This would allow community members and the general public patronizing restaurants and the movie theatre to park legally during the hours these establishments remain open at night. The favorable DDOT response to the Commission’s request indicates that new restrictions and no-parking signs will go into effect on April 3 implementing later restricted parking hours of 2 a.m. to 5 a.m.

2. SPECIAL EXCEPTION. Mr. Peter Pastan, the owner of the single family home property located at 3727 Jocelyn Street (Square 1873, Lot 52), next presented his case for a special exception application under Section 223 that he has filed with the BZA (BZA Application No. 17476) in order to add a deck at the rear of the single family dwelling not conforming to the lot occupancy area requirements applicable to an R-2 zone. Mr. Pastan presented the Commission with a copy of a petition signed by ten affected neighbors indicating that the neighbors did not object to this application to build a deck attached to the back of the house on the property. After discussion, the Commission, by a vote of 7-0 (a quorum being 4), agreed to send a letter to the BZA supporting this application for a Special Exception. Commissioner Fromboluti was designated to represent the Commission with respect to all pending BZA proceedings in this matter.

3. PEPCO TREE PRUNING AND TREE REMOVAL. Chair Gordon indicated that a number of residents in the past few days had lodged strong complaints with the Commission concerning recent needless and aggressive pruning and removal of trees by PEPCO in the Commission’s area. Specific complaints centered both upon whether this extent of tree-cutting is necessary as well as the lack of any adequate notice to the neighbors and Commission of the proposed PEPCO actions before they were taken. Commissioner Redmond provided some background information concerning the creation and experience of the Barnaby Woods Task Force and its work in 2005 with PEPCO, DDOT’s Urban Forestry Administration, the Commission and area residents to reach an agreement regarding the process PEPCO would use to trim and remove trees with dead limbs or where trees interfere with power lines. The 2005 agreements reached with PEPCO were designed to prevent the cutting down of trees deemed to be healthy, and also covered needed pruning activities and required advance notification to residents and the Commission regarding any and all proposed PEPCO tree cutting and pruning actions. The Barnaby Woods agreement was subsequently extended to become a city-wide agreement for the same procedures to be used by PEPCO and District agencies throughout the District.

The complaints of neighbors raised the question of compliance and good faith by PEPCO in adhering to the 2005 tree standards and notification requirements. Chair Gordon summarized some of the complaints and concerns received from Commission constituents. Further discussion ensued, including among the Commissioners as well as others in attendance at the meeting (in attendance also were Ms. MaryAnn Evan, PEPCO representative for the neighborhood, Mr. John Mueller and Ms. Carolyn McKenzie of the Barnaby Woods Tree Task Force and several residents interested in the subject. No officials of the DDOT-UFA or other PEPCO officials attended). During the discussion, Vice Chair Levine offered to draft a letter for the Commission to send to the appropriate officials of PEPCO and DDOT – UFA to request an immediate report on whether or not PEPCO is fully complying with all 2005 tree standards and notification requirements of the 2005 agreements and also asking the Public Service Commission to issue a stop work order to prevent any further actions of possible non-compliance on the part of PEPCO with respect to its tree pruning and cutting activities. Vice Chair Levine drafted such a letter and offered it to the Commission by way of a motion (with amendments offered by Commissioners Redmond and Nolan). After further discussion, the Commission agreed, by a vote of 7-0, to send the letter (via fax and e-mail due to the urgent nature of the matter) to Mr. Nathan McElroy (Urban Forrester, PEPCO), to DDOT -UFA, the People’s Counsel for DC, and the Public Service Commission, with copies to some Members of the DC Council, the Chevy Chase Community listserv, Chevy Chase Citizens Association and members of the Barnaby Woods Tree Task Force. A copy of the Commission’s letter dated March 14, 2006 is attached to these Minutes.

4. REGENCY HOUSE. Commissioner Fromboluti next presented a report on a recent meeting he attended concerning a perceived increase in crime in the area around the Regency House apartment project on Connecticut Avenue. The meeting of March 8 was attended by Council Member Patterson, several police officers from the MPD Second District, the property manager of Regency House, some fifteen neighbors and others. The issues included the recent perception of an increase in crime as a result of finding a dead body of a Regency House resident in the dumpster behind the project, young people loitering in the area, and other suspicious activity. Security matters were also discussed. Next steps include a tour of the facility by neighbors with police officers and the president of the tenants association, and a subsequent meeting with neighbors to again review the issues.

5. ANC GRANT TO LAFAYETTE HOME AND SCHOOL ASSOCIATION. Vice Chair Levine next requested (and so moved for ) a suspension of the rules in order to hear a grant request from the Lafayette Home and School Association for funding of a portion of the costs of this year’s 6th Grade Play (Music Man). Since the play will be presented in early April, timing of the grant request to coincide with the Commission’s regular grant cycle is not possible. The Commission agreed to suspend the rules to hear the grant request earlier than usual by a vote of 7-0. Commissioner Levine then presented the grant request and introduced Leslie Black Cordes of the School Play Committee to provide details concerning the play, an itemization of its costs ($13,000 in total) and the sources of funding (partial assessments of families and other means). The specific request was for $1,000 for a part of the costs of purchasing adequate audio sound equipment for the play. The play will be held on April 5-6 at Lafayette. Commissioner Levine moved that the Commission make a grant of $750 to be used towards the purchase of sound equipment and related sound costs for the musical production. The Commission agreed to Commissioner Levine’s motion by a vote of 7-0.

6. AMERICAN CITY DINER DUMPSTER. Commissioner Beach next stated that he had been made aware of community concerns about the dumpster located behind the American City Diner on Connecticut Avenue. Residents from time to time have complained about the dumpster having a terrible odor and overflowing with garbage. Chair Gordon agreed to speak to the owner about the situation and report back on the matter.

7. ZONING ISSUES. A question was raised by a resident regarding possible non-compliance by the owner or developer of a property located at 3333 McKinley Street regarding frontage requirements for a building permit at this site. Questions were raised as to whether or not the property is to be subdivided into two lots. The Commission agreed to defer any action on this matter until formal applications or actions are pending before DCRA or other District authorities.

8. COYOTES. Commissioner Buchholz noted the many sightings of coyotes in Rock Creek Park. After discussing the issue with the National Park Service, he reported that the NPS apparently has no plans to take action in this regard.

9. OREGON AVENUE. Commissioner Buchholz briefly discussed the status of a request for a stop sing on Oregon Avenue at Moreland Place as well as the scheduling of the re-paving of Oregon Avenue in 2007.

10. COMMISSION BUSINESS:

e. Commissioner’s Beach’s motion to request that the Commission become a co-sponsor of a political CANDIDATES FORUM (for 2006 mayoral and Council candidates) with the Chevy Chase Citizens Association was agreed to by a vote of 6-0-1 (Gordon abstaining).
f. The MINUTES of the February 27, 2006 public meeting of the Commission were approved by a vote of 6-0-1 (Redmond abstaining as she was not present at that meeting).
g. The following CHECKS were approved by a vote of 7-0: DOES $53.04 (Unemployment Insurance); Chevy Chase Bank $131.24 (federal withholding, February); Verizon $56.97 (March).
h. Commissioner Beach announced that due to vacation plans, the ANC OFFICE would be closed on March 20 and 22.

The next MEETING OF THE COMMISSION has been scheduled for Monday, March 27, 2006 and will include the following items: Further discussion of the PEPCO tree-pruning and removal issue, and the previously deferred matter regarding the sale of drug use paraphernalia.

The Commission meeting of March 13, 2006 was adjourned at 9:15 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

_________________________ ___________________________
Robert Gordon Allen Beach

ANC LETTER DATED MARCH 14, 2006 CONCERNING PRUNING AND REMOVAL OF TREES:

At its regular meeting of March 13, 2006, by a vote of seven to zero (a quorum of four being present), ANC 3/4G approved the sending of the following letter:

To: Mr. Nathan McElroy (Urban Forrester, PEPCO; via e-mail to nhmcelroy@pepco.com)
Mr. John Tomas (Acting Director, DDOT – UFA; fax to 202.645.0168)
Ms. Michelle Pourciau (Acting Director, DDOT; fax to 202.671.0127)
Ms. Elizabeth A. Noel (People’s Counsel for DC; fax to 202.727.1014)
Ms. Agnes Alexander Yates (Chairperson, Public Service Commission; fax to 202.393.1389)

Ladies and Gentlemen:

It has come to our attention that PEPCO is now in the process of pruning and/or removing trees located within areas served by this Commission in possible violation of both the substantive standards as well as the important procedural notification requirements set out in the UFA agreements implemented in 2005 and related ANSI standards. Resident ANC constituents in our area have lodged strong complaints with this Commission in the past few days concerning the extent of PEPCO’s recent pruning of trees, needless removal of branches (and in some cases, full trees), as well as PEPCO’s failure to provide required notifications to residents and this Commission of all proposed pruning and tree removal actions. The results are trees that not only look terrible – see, for example, the attached photographs of a severely-cropped tree located in front of a house at 4121 Harrison Street, NW) – but also, in certain instances, actions by PEPCO that could threaten the life of the trees themselves. All of the past hard work of the Barnaby Woods Tree Task Force with PEPCO and city officials that led to the 2005 agreements, as well as past actions of this Commission, had been directed precisely towards preventing such adverse results in our neighborhood and throughout the city.

Since these pruning and tree removal activities are underway right now, this matter has great urgency. Our Commission is therefore requesting that PEPCO provide immediate evidence and information to this Commission that indicates whether or not it is in full compliance with all outstanding and agreed-upon tree cutting and removal standards, as well as related notification requirements for such actions. If PEPCO is not fully complying with such requirements, we would like to receive an explanation as to why and to what extent PEPCO is diverging from the standards. As time is of the essence to save trees in our area, please respond to this request within 48 hours of this letter, by fax or e-mail.

In the interim, in order to prevent any further actions of non-compliance with tree standards by PEPCO, we are also requesting that the PSC and any other appropriate District agencies issue temporary stop work orders or other necessary orders against any further pruning or removal of trees within our Commission area until such time as full compliance by PEPCO with all outstanding standards and notification requirements can be assured.

Thank you for your immediate attention to this request.

Sincerely,

Robert Gordon, Chair

Advisory Neighborhood Commission 3/4G

Cc: Council Members Fenty, Patterson, Schwartz, Mendelson and Brown (via e-mail)
Barnaby Tree Task Force members (via e-mail)
Chevy Chase Community Listserv (via e-mail)
Chevy Chase Citizens Association (hand delivery)
ANC 3/4G Commissioners (via e-mail)

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF MARCH 27, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Secretary and Treasurer Allen Beach, presiding.

Commissioners present: Beach, Buchholz, Fromboluti, Redmond, and Nolan.
Commissioners absent: Gordon and Levine

An audience of some 20 persons was present.

The AGENDA was first agreed to by a vote of 5 – 0, with an agreement that the discussion of drug paraphernalia would be the first agenda item, followed by Pepco tree policies.

1. Mr. Phil Pannell, Executive Director of the Anacostia Coordinating Council (ACC) told Commissioners that the sale of various types of DRUG PARAPHERNALIA such as rolling papers, blunts, and glass stem pipes was widespread in the city at convenience stores, liquor stores, food carryouts, ice cream trucks and gas stations. He noted that while such sales in Ward 3 were not prevalent, the Shell station at the corner of Connecticut Avenue and Fessenden was selling such products. He stated that as part of the effort to prevent drug use, sales of these products should be illegal. He said the strategy of the ACC would be to challenge the renewal of ABC Class B licenses by establishing voluntary agreements ending such sales and next year to propose these voluntary agreements with those seeking Class A licenses. Commissioner Beach asked whether there was legislation before the DC Council on this issue and a representative of Councilmember Fenty’s office responded that there was. Commissioners asked if the ACC wanted the ANC to draft a resolution supporting the efforts of the ACC, but delayed further action until there was a bill being considered by the Council. The ANC was encouraged to discuss this matter with Liquor Stores prior to their applying for licenses in an effort to enter into voluntary agreements with them.

2. PEPCO TREE PRUNING AND TREE REMOVAL POLICIES. Commissioner Beach asked Commissioner Nolan to report on the emergency meeting held on March 23 with Pepco, the Urban Forestry Administration (UFA) of DDOT, and ANC Commissioners Levine, who chaired the meeting, Redmond, and Nolan regarding the community concerns about the pruning and removal of trees in the Chevy Chase area. Commissioner Beach noted that the chief concerns of the community could be characterized by “the four T’s”—taxes, trash, traffic, and trees” and showed the large volume of email that the Commission had received directly or through the Chevy Chase Community listserv about the pruning (“butchering”) and tree removals as well as the lack of notification to residents. He also acknowledged the letter of March 22 sent to the DC Public Service Commission from Pepco’s Mr. Thomas Graham that described the tree pruning and removal procedures that he had explained at the March 23 meeting, as well as a website that could be utilized for information on Pepco’s tree pruning schedule. Pruning guideline pamphlets by Pepco and UFA were left with the Commission. Commissioner Nolan said that the meeting had produced the following information from Pepco and the UFA: the work that Pepco was performing was scheduled maintenance pruning, in accordance with guidelines established by the International Society of Arborculture, that the removal and pruning of trees was at the request of the UFA. The latter also makes the decisions on tree removal. Such pruning, i.e. routine maintenance pruning, requires notification to residents of only a “No Parking-Tree Work” sign, posted 72 hours before the commencement of pruning. The UFA is responsible for notifying residents of tree removal. It was also stated at that meeting that putting the electrical wires underground was very expensive and could cause the loss of some trees in the process.

Commissioner Redmond said that there were two key issues: the notification process and the overall objective of UFA. With respect to the former, John Thomas of UFA said that notification for both pruning and removals was 72 hours. Commissioner Redmond responded that this was not in accordance with the 2004 agreement between the ANC, Pepco, and UFA which specified that the UFA give notification to the ANC and residents affected by such actions and that their views be given “great weight” with respect to any tree pruning or removal. She also asked if the stated mission of the UFA was to have streets in which there were two size trees: on the side with the power lines, small trees such as cherries and dogwoods, while on the side without the power lines, the large maples and oaks. The response appeared to indicate that this was the overall objective and that this was being done in other cities.

Several residents indicated their dissatisfaction with the notification process: “Why, when danger was not imminent was the community given only 72 hours about pruning and removal?”; “Why did community residents have to go to a UFA/Pepco website site to get advance notification?”; and “Why could not Pepco and UFA be more pro-active in what actions they were planning to undertake?” One resident said that he had to take his own family time this evening to come to the meeting to find out what was going on when it should be up to Pepco and UFA to notify him rather than requiring him to hunt on a website or, for those without computers, deal with telephoning Pepco? Another resident, noting the detailed explanation of the approved pruning techniques, asked whether UFA and Pepco actually observed the work being carried out by the contractors, noting that it appeared to be butchery rather technical. A UFA official indicated that not all pruning was observed and supervised, but that they made an attempt to be out in the field working with the contractors. Further the claim that putting electrical wires underground would destroy trees was questioned, as was the expense that has been claimed without any independent research on the matter. PEPCO staff showed those present examples of trees that had been pruned badly in the past, and those that had caught fire. They indicated that both UFA and PEPCO were working in the community’s best interest, and were not there to hurt our trees.

3. COMMISSION BUSINESS.
a. The minutes of the March 13, 2006 ANC meeting were approved by vote of 5-0
b. There were no checks to be approved
c. Agenda items for the April 10 meeting: yet to be determined

The next MEETING OF THE COMMISSION has been scheduled for Monday, April 10, 2006.

The Commission meeting of March 27, 2006 was adjourned at 9:10 PM.

RESPECTFULLY SUBMITTED:

ACTING CHAIR: SECRETARY:

___________________________ __________________________
Allen Beach Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF APRIL 10, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Gordon, Presiding.

Commissioners present: Gordon, Levine, Beach, Buchholz, Fromboluti, and Nolan.
Absent: Redmond.

An audience of some 20 persons was present.

The AGENDA was first agreed to by a vote of 6 – 0, with agreement to add matters concerning: (i) an announcement about public hazardous waste collection; (ii) plans for the reconstruction of Nebraska Avenue; and (iii) possible lot division at 3333 McKinley Street.

10. GUESTS. Chair Gordon first welcomed a group of American University journalism students who were attending the meeting and invited one of them to speak on behalf of the group to describe their journalism and reporting class activity. Jennifer Dumicki of Connecticut described their reporting class at AU that involves learning about local communities, governing structures and local issues. Commissioner Beach spoke of the origins of the ANC and the goal of grass roots democracy inherent in the ANC system in the District. Chair Gordon pointed out the general nature of the kinds of issues that come before ANC’s such as 3/4G, ranging, for example, from potholes to trees to licenses, permits and traffic. He and other commissioners thanked the students for attending the meeting and said they hoped the students would find it interesting.

11. DDOT “STREET SMART” CAMPAIGN. Commissioner Nolan next reported on the new DDOT “Street Smart” campaign. The campaign includes pedestrian safety posters to be placed in windows of stores and elsewhere (copies were available at the meeting and displayed by Commissioner Nolan) concerning pedestrian, driver and bicycling safety. All three groups of people are being advised to obey traffic laws. Pedestrians are being warned not to “J walk” and the Police Department is enforcing the laws by having violators ticketed ($20 fines). Ward 3 DDOT official Jeff Jennings attended the meeting and followed up this discussion by indicating that in a recent Allstate study, DC is ranked #1 in the nation in categories relating to poor driver safety and pedestrians not obeying traffic laws. DDOT developed the “street smart” campaign together with the Council of Governments to help address this issue. In our area, Connecticut and Wisconsin Avenues are the most dangerous streets, based on the speed of vehicles and number of accidents. Mr. Jennings, in response to a question, indicated that 60% of the drivers caught speeding on these Avenues are in vehicles bearing Maryland license plates. A short discussion continued on the need for additional warning signs on Connecticut Avenue when the lanes shift from three to four during morning and evening rush hours.

ILLEGAL PARKING AT PLACES OF WORSHIP. Mr. Jennings also discussed the new policies of DDOT concerning enforcement of prohibitions on illegal double (and triple) parking of vehicles on Sundays at locations surrounding places of worship. Much of this kind of parking blocks alleys, hydrants, crosswalks, driveways, fire lanes and intersections. The new enforcement by DDOT of such no-parking requirements will begin in mid-May citywide. There is also confusion as to the exact distance that is required to be maintained between a crosswalk and the first legal parking space on the street. Further questions were raised as to whether such parking problems have been occurring within the Commission’s neighborhood, including around Chevy Chase Circle (and adjoining streets) near churches. Commissioners indicated that they were not aware of any double or triple vehicle parking occurrences in and around the Circle on Sundays and expressed the hope that vehicles properly parked in the Circle on Sundays for religious institutions’ service attendance would not be ticketed so long as the institutions had received the necessary DDOT public space permits for such Sunday parking.

12. HAZARDOUS WASTE COLLECTION. Commissioner Nolan next reported that the city has announced its next regular hazard waste collection day for Saturday, April 22 at the Carter Baron parking lot (9 a.m. to 3 p.m.). Commissioner Levine advised that, based on his experience, the best time to drop off hazardous waste items (such as paint, appliances, computers, etc.) is right at 9:00 a.m. when the collection begins, in order to avoid long lines later in the day.

13. RECONSTRUCTION OF NEBRASKA AVENUE. Commissioner Buchholz next discussed DDOT’s upcoming plans for the reconstruction of Nebraska Avenue. The reconstruction plan has now apparently been finalized and will be put out for bids soon (it is being handled by Mr. Wayne Wilson in Mr. Khalid’s office at DDOT). The Commission will invite DDOT officials to attend a future Commission meeting in order to discuss the reconstruction plan in detail, including matters relating to reconstruction and repaving of the roadway, installation of sidewalks and curbs, and potential removal of parking spaces.

5. DC URBAN FORESTRY ADMINISTATION’S ANNOUNCEMENT OF REMOVAL OF DEAD TREES. The UFA has announced the removal within the next few weeks of dead trees located in the 3600 block of Quesada Street, NW near the intersection of Western Avenue, opposite 3507 Rittenhouse Street, NW and 5604 Broad Branch Road. These postings are made after the Commission asked UFA for specific notification of all proposed removal actions of dead trees. Commissioner Levine will investigate these since they are located within his Single Member District. If any neighbor has objection to the removal of these trees, please notify the Commission.

6. 3333 MCKINLEY STREET, NW. Commissioner Beach next reviewed current information as to a recently sold house located at 3333 McKinley Street and a second lot at 5601 Broad Branch Road. This second lot extends from Broad Branch Road to the alley, with frontage on Broad Branch Road thought to be approximately 40 feet, with a depth of over 100 feet (including a garage at the rear). Questions have been raised at to whether the lot is required to comply with current regulations that generally require a minimum 50-foot frontage or whether, according to the developer, this is a “grandfathered” buildable lot with all proper frontage and sideyard requirements.

7. TREES LOCATED BETWEEN SIDEWALKS AND PROPERTY LINES. Mr. Thanasis Simos, a resident living on 29th Street, raised the issue of the potential responsibility of a homeowner to maintain (or remove) trees that are located between the sidewalk and the owner’s property line (an area that generally varies between 5 and 15 feet). This particular matter was not clarified under existing laws relating to the responsibility of homeowners to maintain trees on their private properties. There is some confusion as to whether or not the city will take responsibility for such trees. The matter is now pending before the DC Council.

8. CLOGGED CATCH BASIN. Mr. Mike Golightly, a resident living on Utah Avenue, reported on a clogged catch basin problem at McKinley Street and Utah Avenue. He also reported on a general flooding problem from Wise Road to Pinehurst Circle to Broad Branch Road. He further noted the need for pavement repairs on McKinley Street near and around Utah Avenue.

9. COMMISSION BUSINESS.

a. The minutes of the March 27, 2006 ANC meeting were approved by vote of 5-0-2 (Commissioners Gordon and Levine were absent from that meeting).

b. The following checks were approved by a vote of 6 – 0: $91.23 to Chevy Chase Bank (federal withholding, March); $46.36 to DOES (Jan-Mar DC Unemployment Insurance); $37.00 to US Postmaster (PO Box rental); $49.30 to Verizon (4-4-2006 bill).

c. Items for April 24, 2006 meeting: January-March Quarterly Financial Report (including Commission budget review for consideration of remaining 2006 grant allocation budget, as requested by Commissioner Levine); Renewal of Class A liquor licenses for Circle Liquor, Chevy Chase Wine & Spirits, and Magruders.

d. Item for May 8, 2006 meeting: Nebraska Avenue reconstruction (DDOT officials to be invited).

The next MEETING OF THE COMMISSION has been scheduled for Monday, April 24, 2006.

The Commission meeting of April 10, 2006 was adjourned at 9:10 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

___________________________ __________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF APRIL 24, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Gordon, Presiding.

Commissioners present: Gordon, Levine, Beach, Buchholz, Fromboluti, Nolan, and Redmond.

Chair Gordon welcomed all community members who were in attendance and gave special thanks to the two volunteer sign interpreters who served throughout the meeting.

The AGENDA was first agreed to by a vote of 7 – 0, with agreement to add matters concerning: the possible need for a pedestrian traffic light at Northampton Street and Connecticut Avenue; the status of installation of the traffic light already approved for the corner of Morrison Street and Connecticut Avenue; the proliferation of newspaper and advertising boxes in front of the Louie Apartments at 5402 Connecticut Avenue; the reconstruction of Nebraska Avenue; and removal of dead trees by the Urban Forestry Administration.

1. PEDESTRIAN SAFETY. The planned discussion of the “Please Slow Down” signs and other pedestrian signs designed by students at Lafayette School was postponed.

2. RENEWAL OF CLASS A LIQUOR LICENSES (Circle Liquor, Chevy Chase Wine & Spirits, Magruders). Representatives of all their liquor stores attended the meeting and were asked if they sold items (drug paraphernalia) that could be utilized for drug use. All three respondents said that they did not. The applicants were also asked about the sale of “singles”, sales to minors and currency of all taxes due the District. Circle Liquor presented its proposed change of business hours from 9AM to 10PM on Monday-Friday, a change of one additional hour at night that conforms to the practice of other stores. For the application for the Class A liquor license renewal for Circle Liquor with the changed hours of operation, the Commission, after discussion, voted 7-0 to send a letter to the Alcohol Beverage Regulation Administration (ABRA) supporting that application. The applications of Chevy Chase Wine and Spirits and Magruders were further discussed (with questions about whether Magruders’ practice of leaving produce on the sidewalk overnight presents a possible security hazard; their response was that security cameras are being installed and that no major loss has occurred). By a vote of 7-0, the Commission agreed to send letters to the ABRA in support of these liquor license renewal applications as well.

3. NEWSPAPER BOXES ON PUBLIC SPACE AND LITTERING. Mr. Marvin Goldberg, the Manager of the Louie Apartment House located at 5402 Connecticut Avenue, next brought to the attention of the Commission the fact that there are six newspaper and paper advertising boxes now placed in front of the apartment house, which is also located at a bus stop. Many of these boxes dispense free newspapers and advertising materials. The result of having so many of these boxes at one location is that significant littering occurs as users simply discard the newspapers and advertising materials while waiting at the bus stop. He asked the Commission to take action to reduce the number of newspaper boxes at one location such as this (there are some 17 boxes at the corner of Livingston Street and Connecticut Avenue) and to urge DCRA to further regulate and enforce requirements for these boxes. Mr. Goldberg said he believes that the high number of boxes exceeds permissible citywide limits and that DPW requires that private owners keep these public spaces clean, so that clean up becomes his responsibility. He said that the boxes are ugly, messy and possibly dangerous. After discussion, the Commission agreed to further consider this matter, as well as the broader issue of litter along the Connecticut Avenue corridor, at the Commission’s meeting of May 24, 2006 (DPW and DCRA officials to be invited).

4. USE OF PUBLIC SPACE FOR NEW DRIVEWAY AT 5313 38th STREET, NW. Mrs. Ursula McManus appeared before the Commission to request Commission support for her application to use public space for a curb cut for a new driveway at her property at 5313 38th Street. Mrs. McManus stated that she was aware of no objection from any neighbors. Commissioner Fromboluti said that he had reviewed the applicant’s plans for the driveway, had heard no objection in the neighborhood to the application and he himself had no objection to it. Mrs. McManus agreed to the Commission’s request to be certain to park her car at the end of the driveway near the house (thirty feet back from the curb) and not near the curb entrance way to the driveway. The Commission, by a vote of 7-0, agreed to offer “no objection” to this application for a proposed use of public space.

5. TRAFFIC CONDITIONS AT MORRISON AND NORTHAMPTON STREETS ON CONNECTICUT AVENUE. Commissioner Buchholz next brought to the attention of the Commission and audience a letter in a recent “Dr. Gridlock” column in the Washington Post concerning the use of pedestrian crossing flags at these intersections. The column mentioned the need for a pedestrian signal light at the Northampton Street and Connecticut Avenue T-intersection and also asked about the current status of installation of the approved street light at Morrison Street and Connecticut Avenue. After discussion, the Commission agreed to invite officials of DDOT to its next meeting on May 8 to provide an update on the traffic light at Morrison Street, and to discuss the issue of the pedestrian crossing at Northampton Street.

6. NEBRASKA AVENUE RECONSTRUCTION. Commissioner Buchholz next provided further details concerning some of the proposed changes in the pending DDOT plans for the complete reconstruction of Nebraska Avenue (from Utah Avenue to Oregon Avenue). He said that under the current version of the DDOT plan, some 70 parking places would be eliminated and some 18 trees would be cut down along Nebraska Avenue. He suggested that the Commission send a letter to DDOT raising these and other issues, such as speeding by vehicles and the need for traffic calming devices along this part of Nebraska Avenue. Commissioner Buchholz presented a draft letter to DDOT but Commissioner Levine and other Commissioners felt that the letter was premature since full consideration of the issue had not been scheduled and also because normal traffic calming petition procedures had not yet been followed. After discussion, the Commission decided to invite representatives from DDOT, including the Urban Forestry Administration (concerning possible tree removal under the plan) to its May 8 Commission meeting for a full discussion of the Nebraska Avenue plan (one hour of that meeting will be devoted to this matter).

7. REMOVAL OF DEAD TREES. Commissioner Levine next reported that the Commission had received notice from the Urban Forestry Administration of the proposed removal of three diseased trees located on Rittenhouse Street, Quesada Street, and Broad Branch Road. He reported that the dead trees on the UFA list have now been cut down.

8. REGENCY HOUSE UPDATE. Commissioner Fromboluti next reported on a recent meeting with the residents of Regency House, the police, and other citizens, in the aftermath of a homicide at the premises. Commissioner Fromboluti said that the major findings of the meeting were that the apartment house seems well managed, the residents are peaceful and orderly, but that major concern at the property is centered upon visitors of residents who are often unsupervised. He said that there is only one security guard at the front desk and the back door is often left open, leaving unguarded access to the apartments. He reported that a public meeting has been scheduled for May 3 at the Chevy Chase Community Center at 7PM with the residents, police, and Councilmember Patterson to discuss security issues at this site.

9. COMMISSION BUSINESS.

e. The minutes of the April 10, 2006 ANC meeting were approved by a vote of 6-0-1 (Commissioner Redmond, who was absent, abstaining).
f. Comprehensive Plan Report. Commissioner Fromboluti reported that a revised draft of the Plan is nearly complete and that a public meeting has been scheduled to discuss the new Plan on May 30 at UDC at 6PM.
g. There were no checks to be approved.
h. By a vote of 7 – 0 upon motion by Commissioner Beach; the Commission approved the January-March 2006 Quarterly Financial Report. Further, the Commission, by a vote of 7- 0, upon motion by Commissioner Levine, approved revisions to the Budget for FY06 that will increase the total “Grants” line item of the budget for this year to $10,000 from the previous level of $5,000 and reduce the line item of the budget for “Other and Web site” by the sum of $3,000, that is, from $5,100 to $2,100. These changes will, at the request of Commissioner Levine, allow for a remaining $5,000 in grants to be approved and allocated during the remainder of this fiscal year.
i. Items for May 8, 2006 meeting: Connecticut Avenue pedestrian safety and street lights (DDOT officials to be invited); Nebraska Avenue reconstruction (DDOT officials to be invited); items for May 24 meeting: newspaper boxes and litter on public space (DPW and DCRA officials to be invited).
j. Letters to be sent: to ABRA, letters in support of three liquor license renewals as well as the extension of hours for Circle Liquor to conform with the hours of other neighborhood liquor stores; letter re: use of public space for driveway curb cut at 5313 38th Street.

The next MEETING OF THE COMMISSION has been scheduled for Monday, May 8, 2006 at 7:30 p.m.

The Commission’s meeting of April 24, 2006 was adjourned at 9:10 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

___________________________ __________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF MAY 8, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Gordon, Presiding.
Commissioners present: Gordon, Levine, Beach, Buchholz, Fromboluti, Nolan, and Redmond.
An audience of some 35 people attended the meeting.

The AGENDA was first agreed to by a vote of 7 – 0, with agreement to add matters concerning: the next time period or funding cycle to be open for ANC grants; methods of ANC meeting notifications; the removal of parking areas on Broad Branch Road; sign language interpreters available for attendees at ANC meetings; and the application of the federal Hatch Act to ANC Commissioners running for partisan political office in the District.

10. NEBRASKA AVENUE RECONSTRUCTION. At the prior Commission meeting of April 24, Commissioner Buchholz provided an analysis of the proposed changes in the pending DDOT plans for the full reconstruction of Nebraska Avenue. He stated specific concerns about issues related to speed of traffic on the street, potential loss of parking available to residents after the reconstruction, and the possible loss of trees. DDOT representatives Muhammed Khalid, DDOT project manager for Wards 3 and 4, Samira Cook and Jeff Jennings, the Ward 4 and 3 DDOT liaisons respectively, and Earl Eutsler of the Urban Forestry Administration of DDOT, all attended this meeting to present the draft of the plan as it stands now and to answer questions from Commissioners and the public concerning the plans.

Mr. Khalid first briefly described the project: on Nebraska Avenue between Oregon Avenue and Utah Avenue, DDOT plans to reconstruct the roadway, replace existing sidewalks, add new sidewalks and crosswalks, upgrade street lights and storm sewers, install new curbs with wheel chair access ramps, erect retaining and “coping” walls, install new sewer basins, provide new tree plantings, and re-stripe the pavement for lane traffic and parking. He said that the reconstruction work is to begin in the fall of 2006 and is scheduled to last approximately 12 months. He said that the work can be scheduled from 7:00 a.m. until 7:00 p.m. Monday through Saturday, but that he expected that most of the work would be performed during weekdays from 7 a.m. until 3:30 p.m. In response to a question from Commissioner Nolan, he indicated that DDOT has not yet worked out a traffic plan for construction trucks entering and exiting the area. He said the plans are 85% designed at this point, that no bids have yet been taken and no funds yet obligated, and that a consultant (United Design Engineers, also represented at the meeting by one of their staff) has been retained to work with DDOT.

Mr. Khalid then described DDOT’s plans for the re-routing of traffic off of Nebraska Avenue while the construction work is underway on Nebraska Avenue. During the first phase of the project, DDOT plans to keep the eastbound (southward) side of Nebraska Avenue open for traffic coming from the Utah Avenue side and proceeding in the direction of Oregon Avenue. They would, however, propose to close Nebraska Avenue for traffic proceeding westbound (that is, northward) from the Oregon Avenue side towards Utah Avenue and detour all traffic moving in that direction off of Oregon Avenue onto Northampton Street northbound and then back onto Nebraska Avenue past the construction area. (Presumably during the second phase of the work, the opposite traffic re-routing plan is proposed to be implemented). Emergency vehicles would not be required to adhere to the lane closings and would have continuous access to the street. Commissioners Nolan and Buchholz immediately expressed serious concerns about DDOT’s proposed detour routing plan, especially in relation to the narrowness of Northampton Street with parking on both sides, the large number of children on the block, and the old historic tree on that block that would be hurt from the added pollution from increased traffic there; DDOT agreed to revisit this issue and provide the Commission with a revised plan for traffic flow during the reconstruction work.

Commissioner Buchholz then thanked the representatives of DDOT for attending the Commission’s meeting and went on to raise questions about how the plan would affect the speed of traffic, existing street trees, and availability of residential parking spaces for homeowners. Regarding traffic speeding, he noted that with a newly resurfaced road, the potential for speeding will be increased and in that connection, questioned whether there is a possible need for installation of a stop sign at the intersection of Bingham Drive and Utah Avenue. He further noted that DDOT seems not to have any plans concerning the protection of existing trees, which could be a serious problem if the DDOT reconstruction work and new sidewalks interfere with, endanger or cause the removal of mature street trees and other neighborhood street plantings. Commissioner Buchholz also said that residents are concerned about the potential loss of parking spaces on the street in front of their homes and asked DDOT to explain why their plans seem to include such a large loss of spaces for those living along Nebraska Avenue. Mr. Khalid responded that the issue of trees is of high importance to DDOT and that DDOT would look at the possibility of reducing the sidewalk widths or lane width size in order to save the highest number of trees possible. Mr. Eutsler of DDOT’s Urban Forestry Administration noted that under DDOT’s plans there actually would be a net increase in trees resulting from the Nebraska Avenue reconstruction, but Commissioners noted that the species of young replacement trees planted after the work is done would not provide the same canopy that presently exists from the mature trees that are there now.

Regarding the possible reduction in parking spaces, Mr. Khalid said that the plan as it is drafted thus far calls for installation of new crosswalks at each intersection crossing Nebraska Avenue, and that is the primary reason for elimination of existing parking spaces on the street; however, in light of neighborhood concerns about this issue, Mr. Khalid said that DDOT would also revisit this issue and reconsider its plans for new crosswalks. Commissioner Nolan expressed concern about pedestrian safety at the new crosswalks given the speed of traffic and small amount of pedestrians seeking to cross Nebraska Avenue; residents also commented on the fact that there is very little pedestrian traffic in this area in any event, raising the question of whether or not there is a need for new crosswalks at all.

In response to concerns about the speed of traffic on the Avenue, Ms. Cook reported that Nebraska Avenue is designated as a federal “collector” road receiving federal funds and that traffic calming measures such as speed bumps or humps, narrowing of the roadway or other such calming devices are not possible at all for this road.

Commissioner Levine then raised the issue of the process DDOT is following with respect to the Nebraska Avenue plan. He noted that the Commission had only recently received notice and copies of the DDOT plans for the area and that Commissioner Buchholz had quickly studied the plans and reported back his concerns to the Commission, but that DDOT seemed to be very far down the line toward finalization of the plans without significant Commission or neighborhood input. He questioned how 85 percent of the plans could be designed without substantial community participation and comment. Mr. Khalid replied by saying that the 30 percent and 65 percent plans were to have been sent to the Commission for review and comment but Commissioner Beach strongly noted that such partial plans had never been received by the Commission from DDOT. Commissioner Levine inquired about the process going forward and sought assurance from the DDOT officials that the plans as they reach the 90% stage would be received in the Commission office in time for obtaining substantial neighborhood review and comment.

Commissioner Fromboluti then asked DDOT to provide the reconstruction plans in an 11×17 inch format so that they could be more readily shared with the community; the larger size versions of the plans are too bulky and difficult to photocopy for distribution to interested residents and citizens in the Commission’s area. Chair Gordon noted that any plans received from DDOT, including the current ones, would be maintained in the Commission’s office and available for citizens to review during normal working hours (Mon-Wed-Fri, 9 a.m. to noon). Commissioner Redmond asked that DDOT monitor the implementation of the plans during the six and nine month periods following completion of the work for traffic speed and neighborhood safety. Commissioner Beach noted that the planned twelve month construction period seems optimistic to him, based on recent Western Avenue experience, and asked DDOT to calculate the exact number of parking spaces that would be lost under the plan, which DDOT agreed to do.

Members of the audience expressed a number of concerns about the plans, particularly regarding parking spaces lost, possible damage to trees and speed of traffic after reconstruction of the roadway. One resident asked for consideration of putting the utility lines underground as part of the reconstruction work. Another expressed concern that the new plans for the street not end up making the roadway worse (less safe, for example) than it is now. Others want traffic calming devices, pedestrian crosswalks and possibly one side of the street parking. Some others suggested leaving more area unplanted and making the sidewalks narrower and eliminating the crosswalk at 27th Street. One person said the stop signs on Nebraska, such as at Rittenhouse Street, are not safe. There was also some support for a marked bike path along the side of the road (the road is 38 feet wide and normal lanes are eleven feet with parking lanes at eight feet, so there could be little room for a bike path, depending on the final size of vehicle lanes and parking). DDOT said it would do a study of a stop sign at Oregon and Bingham Drive if requested by the Commission under normal procedures. DDOT representatives responded to resident concerns by saying affirmatively that all Commission and community comments would be incorporated into their next draft of the reconstruction plan for Nebraska Avenue and that the next set of plans would be provided to the Commission in reduced format as soon as it is ready.

Chair Gordon asked when revised plans would be available, based on concerns raised by the community, and after some discussion, DDOT and the Commission agreed that DDOT’s revised plans would be available for review and discussion at one of the two Commission meetings in June (June 12 and 26).

11. BROAD BRANCH ROAD– NO PARKING. Commissioner Nolan next asked DDOT to explain the recent posting of “no parking” notices on Broad Branch Road (5400 block), saying that residents had been given no notice of these new restrictions; she asked that they be removed unless DDOT can provide justification and in any case, asking DDOT to solicit and obtain important community and resident comment before deciding the issue. Ms. Samira Cook of DDOT agreed to look into this matter.

12. PEDESTRIAN SAFETY AT MORRISON AND NORTHAMPTON STREETS AND CONNECTICUT AVENUE. Regarding the continuing issue of pedestrian safety at the Connecticut Avenue and Northampton Street intersection, DDOT officials in attendance at the meeting next explained that because Northampton Street is not a “through street”, but rather a “T-intersection”, a traffic light signal is not warranted at that location. Commissioner Beach said that, in his view, much of the pedestrian safety problem could be solved if there were better coordination in the timing of the lights on Connecticut Avenue at Oliver Street and McKinley Street so that when both lights were red at the same time for Connecticut Avenue traffic, pedestrians would have more time to cross Connecticut Avenue safely at the Northampton Street intersection. With respect to the installation of the approved traffic light at the Connecticut Avenue and Morrison Street intersection, DDOT officials reported that the installation work will be undertaken during this fiscal year and will be performed over an eleven week period of time, to be completed in any event by the end of calendar year 2006. Commissioner Levine noted that the Commission still has not received the exact specifications from DDOT for the type of light to be installed at that intersection. He also added that he would support a petition for installation of a full 4-way stop sign (instead of the current two way stop signs) at the intersection of Morrison Street and Nevada Avenue, which many residents in his single member district living near there are seeking. Several residents made comments about the light and concerns were expressed as to its appropriateness and the DDOT warrants justifying the light. Continued opposition to this traffic light was voiced.

13. REGENCY HOUSE UPDATE. Commissioner Fromboluti then asked for a postponement of his report on the recent meeting with the residents of Regency House, the police, Councilmember Patterson, and other citizens on issues related to security and safety, as there was not enough time left at the meeting to fully discuss the issue. It was agreed that the Regency House report would be the first item on the May 22 agenda for that Commission meeting.

14. APPLICATION OF HATCH ACT TO ANC COMMISSIONERS. Chair Gordon next expressed his views concerning the application of the federal Hatch Act to sitting ANC Commissioners, such as himself, who are or may run for a partisan political office in the District while holding an ANC office. He believes that no violation of the Hatch Act occurs in this situation and will therefore continue in his office while running for the City Council. Commissioner Levine reported that a proposed legislative solution that would resolve any question in this area is now pending, as bills have been introduced in both the Congress as well as the City Council that would specifically exempt ANC Commissioners from the provisions of the Hatch Act upon passage of a “mini- Hatch Act” for the District.

15. COMMISSION BUSINESS.

k. The Commission decided that grant requests for the next funding cycle for ANC GRANTS could be submitted to the ANC office beginning at this time and that prospective grantee oral presentations would be held at the June 12 Commission meeting. Procedures for notification of meetings were briefly discussed and deemed by the Commissioners to be largely adequate to inform the community of the meeting and proposed agendas, but Commissioner Levine suggested that the notice and agenda of each proposed meeting be posted in the lobby of the Community Center as yet another method of informing and notifying the public of scheduled Commission meetings.
l. It was agreed that discussion of the provision of sign language interpreters for those in need of this while attending ANC meetings would be discussed at a future meeting.
m. The minutes of the April 24, 2006 ANC meeting were approved by a vote of 7-0.
n. CHECK: Chevy Chase Bank: $84.63 (federal withholding, April), approved by vote of 7-0.
o. Items for May 22, 2006 meeting: Report on safety and security at Regency House; newspaper boxes and litter on public space.

The next meeting of the Commission has been scheduled for Monday, May 22, 2006 at 7:30 p.m.
The Commission meeting of May 8, 2006 was adjourned at 9:10 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

___________________________ __________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF MAY 22, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Gordon, Presiding.

Commissioners present: Gordon, Levine, Beach, Buchholz, Fromboluti, Nolan. Absent: Redmond.

An audience of some 15 were present.

The AGENDA was agreed to by a vote of 6 – 0, with agreement to add comments on matters concerning: the recently released DC Comprehensive Plan; the reconstruction of Nebraska Avenue; and four-way stop signs on Nevada Avenue at Morrison, Northampton, and Quesada Streets.

1. REGENCY HOUSE. Commissioner Fromboluti reported on the third community meeting on the Regency House subsequent to a homicide that occurred there. This meeting was sponsored by Councilmember Patterson. Also participating were MPD officials and about 75 people, including ANC Commissioners Fromboluti and Nolan and residents. Commissioner Fromboluti said that the security inside the building was the biggest issue. The recent murder there has not been solved to date, but the police report that their investigation will be concluded soon. Some concerns had been addressed by the hiring of a new security company and enhanced security camera monitoring although more efforts were clearly needed. Currently only one person is employed to monitor the cameras. As a temporary solution, a resident volunteered to assist during periods when one guard is away from the monitors.

A major problem reported is that visitors gain access to the building through a back door, which is currently the only handicapped access to the building. It is controlled by a card-key system. It was reported to be often propped open so that residents and visitors could enter the building without their security keys and nonresidents gain access to keys from residents. Commissioners offered several suggestions to alleviate the problem including adding more security cameras and making the front lobby handicapped-accessible. Commissioner Fromboluti further commented that the building appeared to be well-run, the management was responsible, and that there was an active tenants group. Commissioner Nolan was not as positive about the state of the security situation in the building, but noted that the police were close to solving the homicide case. After discussion of various security options, the Commissioners agreed that they would continue to monitor the situation.

2. PUBLIC SPACE ISSUES. Commissioner Levine asked the Commission to invite the DC Department of Public Works to the next ANC meeting to discuss the large number of newspaper boxes in the public spaces along Connecticut Avenue, which are both an eyesore and a contributor to newspaper littering. General litter problems along Connecticut Avenue were also discussed. Commissioner Levine also noted the overflowing DPW trash receptacle at the corner of Connecticut Avenue and Livingston Street in front of the Starbucks and suggested that the Commission send letters to DPW requesting a second trash receptacle at that location. He recommended a second letter be sent to Starbucks asking them to provide and maintain their own receptacle. The Commission agreed to send letters to DPW and Starbucks by a vote of 6-0. Further discussion focused on the parking lot litter behind several Connecticut Avenue stores. Chair Gordon said he would again speak to store owners about their need to remove litter from these premises.

3. STREET CLEANING/NO PARKING SIGNS. Chair Gordon raised again the problem of the lack of updated signage along Connecticut Avenue in order to change the hours for street cleaning. At the May 9, 2005 Commission meeting several businesses had raised concerns about street cleaning signs that specified no parking on certain weekdays from 10PM to 5AM on portions of Connecticut Avenue. Several restaurants and the Avalon Theatre remained open later than these hours and customers have unwittingly received parking tickets. At that time the Commission had sent a letter to DDOT requesting that the time be changed to a later hour as many businesses were opened after midnight on a regular basis. In March 2006 the Commission was told by DDOT that the signs were to be changed to no parking 2AM to 5AM by mid-April. However, the signs have not been changed yet and cars are still being ticketed. After discussion the Commission agreed to send a strong letter to DDOT officials, including Frank Pacifico, to change the signs immediately as they had agreed.

4. COMPREHENSIVE PLAN. Commissioner Fromboluti announced that a presentation of the new DC Comprehensive Plan would be held at UDC on May 30, which he would attend and report back to the Commission. Commissioner Beach added that a June 8 meeting would be held at the Emory Center. He noted that these meeting could yield insights as to future plans for zoning in the area.

5. NEBRASKA AVENUE RECONSTRUCTION. Commissioner Buchholz reported on developments since the previous Commission meeting of May 9. A group of affected residents had held a meeting on May 14, which had resulted in a large number of recommendations concerning speeding, sidewalk placement, crosswalks, parking and tree preservation. Commissioner Levine said that many of the group’s recommendations were, in fact, traffic calming measures which should go through the regular request for traffic calming procedures, and not tacked onto the road reconstruction plan. Chair Gordon said that the issues raised by residents in their meeting should be brought to the attention of the general public by raising them at the June 26 ANC meeting at which DDOT engineers will be in attendance. He said that he expected further discussion about concerns to be raised with DDOT officials at this meeting.

Commissioner Buchholz and Nolan raised the issue of where traffic will be diverted during the construction as a topic for further review. Discussion focused on the proposed detour down Northampton Street during the reconstruction process that DDOT had disclosed at the previous meeting. Commissioner Nolan noted that residents were putting together petitions against such a detour. Several other Commissioners noted that Nebraska Avenue was wide enough that there was no need for a detour if DDOT funneled the four lanes to two. However Commissioner Buchhotz noted that that this would create parking problems for Nebraska Avenue residents. Commissioner Buchholz presented a draft letter to the Second District MPD requesting increased enforcement of the speed limit along Nebraska Avenue and the stop sign at Rittenhouse Street. The Commission agreed to the proposed letter by vote of 6-0 with a copy to the Chevy Chase Community listserv. Commissioner Nolan said she would ask for increased enforcement on Nebraska Avenue at the next monthly PSA 201 meeting with the MPD.

6. STOP SIGNS FOR NEVADA AVENUE. Commissioner Levine reported that residents were putting together petitions for four-way stop signs on Nevada Avenue at Morrison, Northampton, and Quesda Streets and that when completed the Commission would take up the matter.

7. COMMISSION BUSINESS.

a. The minutes of the May 9, 2006 ANC meeting were amended to incorporate the paragraph shown immediately below concerning the planned traffic light at Connecticut Avenue and Morrison Street. Once amended the minutes was approved by vote of 6-0. The following paragraph was added to the minutes of May 9, 2006.

“Several residents commented about the traffic light at Connecticut and Morrison Streets. Continued opposition to the light was voiced by local Morrison Street residents, who said that the DDOT requirement for a specified distance between traffic lights was not being met, that the light would not improve safety, that it may cause additional traffic problems at Safeway, and that DDOT had reported that only one of eight warrants for a traffic light was satisfied. Other Commissioners commented that pedestrian safety would be improved and that this matter had been discussed on many occasions at ANC meetings and approved.”

b..CHECKS: Verizon: $58.29 (5/4/06), approved by vote of 6-0.

c. SIGN LANGUAGE INTERPRETERS. Commissioner Nolan introduced a resolution regarding the payment for the services of sign language interpreters at ANC meetings. As amended and agreed by vote of 6-0, the resolution states that “ANC 3/4G set aside funds for fiscal year 2006 to cover the costs of two sign language interpreters per two hours at ANC meetings for the remainder of the fiscal year. The industry standard cost of one interpreter per hour is $75.00. This will mean an additional cost to the ANC of $150 per meeting, not to exceed $900 for fiscal year 2006. The ANC requests notification by noon of the Friday prior to the ANC meeting of intention not to attend the meeting.” Commissioners agreed to send a letter to Councilmembers Patterson and Fenty and other officials asking if additional funding could be added to the Commission’s quarterly allocations to cover these additional expenses as having a limited fixed budget, funds for interpreters could decrease the amount available for community grants.

d. Items for June 12, 2006 meeting: newspaper boxes and litter on public space, grant presentations, report on the Comprehensive Plan review meeting.

e. Commissioner Nolan announced that the public meeting on the Shoemaker House had been postponed to June 5 as the officials of The Fund for American Studies, one of the prospective buyers of the property, had requested an opportunity to explain their program to neighboring property owners prior to entering into serious negotiations to purchase the site. This is one of the possible uses for the site that does not require demolition of the property.

f. Commissioner Nolan announced that on Wednesday May 24, the Community Room at the Second District MPD Station would be dedicated to Reserve Officer Joseph Pozell.

g. Letters to be sent: DPW and Starbucks re additional trash receptacles; DDOT re parking signs; MPD re traffic enforcement.

The next MEETING OF THE COMMISSION is scheduled for Monday, June 12, 2006.

The Commission meeting of May 22, 2006 was adjourned at 9:10 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

___________________________ __________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF JUNE 12, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Gordon, Presiding.

Commissioners present: Gordon, Levine, Beach, Nolan, and Redmond. Absent: Fromboluti and Buchholz.

An audience of some 15 were present.

The AGENDA was agreed to by a vote of 5–0, with agreement to postpone the discussion on the Comprehensive Plan and add comments on the criteria for ANC grant applications.

8. SAFETY ON LIVINGSTON STREET — 4000-4200 BLOCKS. Chair Gordon introduced Ms. Michelle Vanderhoff, a Connecticut Avenue neighborhood resident who described her concerns regarding safety, streetlights, and police patrols along the 4000-4200 blocks of Livingston Street. She said that recently she had been walking east on Livingston Street on her way home from the Metro at 2:30 AM and had observed a man standing in the bushes in a resident’s front yard directly across from the Chevy Chase Playground, became fearful, and ran away quickly. She did not notify the police because she was not sure there was anything to report. She returned the next day and spoke to the residents of the property in question about the overgrown bushes at the property and told them about the man lurking in the bushes the previous night. The residents at the property responded that the landlord had promised to trim back the bushes but had not yet done so. Ms. Vanderhoff noted to the Commission that not only were these bushes overgrown but the ones along the playground, across the street, were overgrown as well. She further said that it was very dark in that area and additional street lighting is needed for safety reasons. Commissioners noted that the area under discussion actually is situated within the boundaries of ANC 3D and the police service area (PSA) is 202 (the Chevy Chase community is served by PSA 201). Nevertheless, after discussion, the Commissioners thanked Ms. Vanderhoff for bringing the matter to the attention of the Commission and agreed to transmit Ms. Vanderhoff’s description of the incident and her recommendations regarding shrubbery and lighting to ANC 3D and to both Lieutenants at PSAs 201 and 202. Commissioners further agreed to contact DDOT regarding the need to add street lighting in that area and also to notify the Department of Parks and Recreation regarding the Chevy Chase Playground’s overgrown shrubs.

9. PUBLIC SPACE ISSUES—LITTER IN BUSINESS AREAS. Chair Gordon next reported that he had contacted several businesses regarding the litter problem around their premises and reported on their comments. He had spoken to Mr. Jeffrey Gildenhorn, the owner of the American City Diner, regarding the Diner’s dumpster on the Morrison Street side of the property and was told that the Diner shares the dumpster with the Arucola restaurant. Trash is picked up 5-6 times per week from the dumpster and employees have been instructed to keep that area clean. Mr. Gilderhorn also noted that often other garbage is illegally thrown into the dumpster. The owner further said that if community members find trash and litter problems in the area, they should come directly to him at the Diner and he will try to resolve the issues. Commissioner Beach noted that in addition to the dumpster, he thinks that regular sweeping around the establishment is continuously required. Chair Gordon reported that Magruders advises that regular cleaning of their back parking lot as well as the front sidewalk is ongoing and that they have not encountered any significant security problems as a result of leaving their produce in their front sidewalk stands overnight. The manager of Starbuck’s told Chair Gordon that they will empty their own trash bins outside the store more frequently so that the public trash bins will not regularly overflow, as they have been doing recently, but that they are unable to do anything in regard to the overflow in the city’s trash bins. Commissioner Nolan said that when the public trash bins are too full, residents should call the Mayor’s service line at 727-1000 to report the problem. The Commission has already written a letter to the Department of Public Works requesting that a second trash receptacle be installed in front of the Starbuck’s location at Connecticut Avenue and Livingston Street.

10. POLICE REPORT. Officer Parr of PSA 201 next appeared and provided a police report. He noted that the police are stepping up enforcement of laws requiring drivers to stop for pedestrians crossing in the crosswalks and those barring the use of hand-held cell phones while driving. The police are also increasing their lookout for pedestrian jay walking. He said there will be increased surveillance of Jocelyn Street and Oregon Avenue for speeding and Military Road for cars illegally using the parking lanes as through lanes during rush hour, as well as vehicles using the center turning lane for passing. Further, police presence is being increased on both Military Road and Western Avenue at night to target speeders. Commissioner Nolan added that new signs would be placed along Military Road to warn drivers about parking lanes. In response to Chair Gordon’s description of the Livingston Street problem that Ms. Vanderhoff had previously reported to the Commission in this meeting, Officer Parr said residents should always call the police in such cases, whatever the issue, whatever the time. He said that residents should give the police an opportunity to check out the situation in every case.

11. PUBLIC SPACE ISSUES –NEWSPAPER BOX LITTER. The Commission invited officials of the DC Department of Public Works (DPW) to this meeting in order to discuss the large number of newspaper and advertising boxes located within the public space along Connecticut Avenue, which are both an “eyesore” as well as contribute to newspaper and trash littering. Mr. Sam Williams, DPW’s vendor coordinator, provided the Commission with a brief overview of what he hopes to accomplish in regard to the proliferation of newspaper boxes. He said that although he had been on the job only a short time, he and his staff are reviewing the best practices of other large cities with an eye towards how such practices might be applied to the District. He said that there are some 53 boxes from Military Road to Chevy Chase Circle on Connecticut Avenue. While DCRA can hold distributors liable for cleanup around the boxes, it has not traditionally done so and the prior vending moratorium in the city has been lifted. He noted that First Amendment rights to free speech complicate the issue because vendors of newspapers assert First Amendment privileges in the face of governmental attempts at regulation in this area that could interfere with free expression. With regard to the newspaper littering problem, he said that this is, in part, a matter of making people aware of the litter that they generate and that a public education campaign is the best way to tackle the issue. Commissioner Nolan said that New York City has banned many newspaper and advertising boxes because of security concerns and noted that too many boxes lined up along the commercial corridor streets might constitute a violation of the ADA law, because they can restrict access from the curb to the sidewalk for the disabled or others. Mr. Williams acknowledged these comments and responded that he will report back to the Commission in September on these issues. In the meantime, he urged the Commission to write to the DPW Solid Waste Education and Enforcement Program (SWEEP) about the problems, which the Commission agreed to do.

12. STATUS OF WORK AT THE CHEVY CHASE COMMUNITY CENTER. Mr. Robert King, representing the Department of Parks and Recreation, next provided the Commission with an update concerning the scheduled repairs to the Community Center. He advised that a contract has now been signed for repair of the drainage problems at the site and said that he shares the Commission’s frustration with the lack of timely action on this and other problems at the Center, including the lack of air conditioning that occurred earlier in the month. The Commission furnished Mr. King with a list of needed repairs, a list that had previously been submitted by the staff of the Community Center to DPR, and said that it will e-mail a more formal document to DPR outlining the remaining problems to be addressed at the Center.

13. GRANT CRITERIA. Commissioner Beach then reported that the DC Auditor has disallowed one of the Commission’s grants because it was characterized as “entertainment and festivals” that, like food and beverages, are apparently considered by the Auditor to be impermissible for ANC grant purposes. The Commission agreed to inform all those seeking Commission grants for the current Spring Grant season of these more restrictive DC criteria that are now being applied.

14. COMMISSION BUSINESS.

p. The minutes of the May 22, 2006 Commission meeting were approved by vote of 4-0-1 (Redmond abstaining as she had not been present at the meeting).
q. The following CHECKS were all approved by a vote of 5-0: to Verizon, $61.31 (6/4/06 bill); to Chevy Chase Bank, $118.44 (federal w/holding May 2006); to Allen Beach, $56.69 (petty cash—postage $37.69; audio tapes $19.00).
r. A brief discussion of the need to update computer equipment at the Commission’s office led to an agreement to explore, at a future Commission meeting, the possibilities of purchasing new computer software and hardware for the office.
s. Items for June 26, 2006 meeting include: Commission grant presentations; report on a recent meeting concerning review of the revised DC Comprehensive Plan review. A discussion of the Nebraska Avenue reconstruction matter was postponed until the July 10 meeting of the Commission.
t. Letters to be sent: to DDOT re: street lights for Livingston Street; to PSA 201 and PSA 202 re: police presence along Livingston Street; to DPR re: bushes at the Chevy Chase Playground; to DPW SWEEP re: newspaper box litter.

The next MEETING OF THE COMMISSION has been scheduled for Monday, June 26, 2006 at 7:30 p.m. at the Chevy Chase Community Center.

The Commission meeting of June 12, 2006 was adjourned at 9:10 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

___________________________ __________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF JUNE 26, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Gordon, Presiding.

Commissioners present: Gordon, Levine, Beach, Fromboluti, and Buchholz. Absent: Nolan and Redmond.

An audience of some 20 people was present.

The AGENDA was first agreed to by a vote of 5–0, with agreement to add, as the first agenda item, a discussion of the recent flooding at the Chevy Chase Community Center as well as an emergency problem of sewage flooding into homes on the north side of Military Road and the south side of Legation Street between 39th Street and Connecticut Avenue. Other additions included Commissioners’ comments on the Nebraska Avenue reconstruction project, Reno Road reconstruction problems, the ANC’s allotments from the DC government and the status of Broad Branch Market.

1. FLOODING. Chair Gordon noted that there continues to be significant amounts of flooding at the Chevy Chase Community Center and that it seemed to him that the long-time inability of the Department of Parks and Recreation (DPR) to take any effective measures to address the problem appears to constitute a “penny wise, pound foolish” practice. Commissioner Levine stated that he and others had continuously contacted DPR, most recently within the last week, about the need for the Department to take action to address the ongoing problem — which is that there is a constant back up of water into the Center’s parking lot (possibly as a result of a blocked and/or inadequate drain) which, in turn, then spills underneath the outside doors to the Center, flooding the basement. Commissioners Levine and Beach reiterated and stressed that this issue is just not receiving the attention it deserves from the authorities. Commissioner Beach added that the Center has not even been able to obtain sand bags from DPR to place next to the Center’s doors during the current storms. Commissioner Levine then proposed (and moved) that the Commission urgently request a joint meeting with DPR officials, as well as Council Members Patterson and Fenty, to inspect the site together and derive acceptable immediate solutions to this longstanding water issue at the Center. The Commission, by a vote of 5-0, approved Commissioner Levine’s motion and agreed to send a letter as proposed to DPR and the Council Members about the holding of a joint site inspection meeting.

Chair Gordon then recognized Mr. Travis Ally, a resident of the 3800 block of Military Road, to address the Commission and audience about an emergency situation. Mr. Ally described the urgent problem that he and several of his neighbors on the north side of Military Road and the south side of Legation Street between 39th Street and Connecticut Avenue are encountering during the recent storms of sewage backing up into their toilets and other drains, which are flooding their homes and causing serious health and safety concerns, especially for their children. The flooding has left large amounts of unsanitary and unhealthy debris in its wake. This is not caused by surface water flooding through doors, as is the case at the Community Center, but rather from a sewer blockage problem. Moreover, a similar situation had occurred in the summer of 2004, and residents in the area thought that WASA had fully addressed the problem at that time. Mr. Ally explained that he and his neighbors have been unable to get any response from WASA other than the advice that they hire plumbers. Commissioners urged Mr. Ally to document the extent of the problem, along with the other neighbors experiencing the problem, and to take photos of the backups and flooding. Commissioners noted that this constitutes a severe public health and safety issue that also has potentially significant financial consequences for the homeowners. Chair Gordon then made a motion to send an urgent letter to WASA, the Mayor, Council Members, and the DC Department of Health requesting an immediate response to this emergency matter. By a vote of 5-0, the Commission agreed to send (by both e-mail and regular mail) a letter to WASA and the others, as noted, urging their immediate attention to this emergency (Chair Gordon and other Commissioners, assisted by the homeowner, stayed after the close of the meeting to draft this letter so that it could be sent out the next day after the meeting).

2. GRANT PRESENTATIONS. Oral presentations for pending ANC grant applications (spring round) were made on behalf of the Avalon Theatre; the Wilson High School Boosters; and the Chevy Chase Citizens Association, in each case by their designated representatives. With respect to the grant request for the Avalon Theatre, questions by the Commissioners centered upon the need to be sure that, under newly received instructions from the District concerning eligible Commission grants, the request is for the funding of educational programs as opposed to entertainment, which is not permitted. After discussion, the Commissioners agreed that the Theatre’s pending request for public outreach and advertising for their children and family media weekend matinee program is educational in nature. Commissioner Levine requested that the Theatre submit (within the next week, in that the Commission will be voting on grant requests as its next meeting of July 10) a more detailed financial budget for the grant request that identifies the particular uses of the funds for the outreach and advertising educational efforts. The representative of Wilson Crew Boosters explained that their grant request is for funds to be used to pay for the expenses of students participating in various crew activities, including the costs of traveling to out of town regattas, and will not be used to replace or offset any public funds otherwise allocated to or associated with public school activities. With respect to the Chevy Chase Citizens Association request for a grant for its Chevy Chase Day activities, the representative of the Association explained that the Commission’s grant would be used to pay for a portion of the costs of DC-required permits for the event and will not be allocated to any food or entertainment. The Commission agreed that it will vote on these grant requests at its July 10 meeting. Commissioner Levine noted that the Commission had previously (in April, 2006) authorized the maximum sum of $4,550 for this round of spring Commission grants.

3. REPORT ON DC COMPREHENSIVE PLAN. Commissioner Fromboluti next reported on the May 30 meeting that he attended concerning the pending revised Comprehensive Plan. He said that the draft Plan is now scheduled to be presented to the DC Council in September for its consideration, but that several ANCs in Ward Three have already passed resolutions asking that the submission to the Council be postponed. The reasons for the requested delay by these ANCs are twofold: first so that the community can be afforded additional time in which to review and study the complex plan and consider its ramifications; and secondly, in the view of some of the ANCs passing resolutions, so that the Plan may be put before and approved by the new City Council and newly elected Mayor – that is, the DC officials who will have the responsibility for administering the finally-approved Plan in the next years. Commissioner Fromboluti said that in his view, the revised Plan contains many good features, but that there are some items that are either unclear or ambiguous and that therefore require further study. Commissioner Fromboluti provided a list of subjects covered by the Plan and mentioned a few of the unclear areas. The Commissioners agreed that the Plan is a very important document for the long term future of the Chevy Chase community, especially as related to future zoning decisions that may be measured against this planning document, and that as such, it needs to receive further public review and comment before the Commission will be able to present the views of the neighborhood on the Plan to the Council and the DC Office of Planning. Upon motion by Commissioner Beach, the Commission then agreed, by a vote of 5-0, to ask the DC Office of Planning, and the City Council, to postpone formal or official consideration of the revised Comprehensive Plan until at least October 1 in order to allow the Commission and Chevy Chase neighborhood to further study the Plan and to hold public meetings on it in September — after which it will formulate its position on the matter and submit comments to the appropriate District officials. Residents or businesses in the neighborhood who or that have comments on the Plan are encouraged to submit them to the Commission office (uppernwdc@juno.com) even before the September hearings; the Plan will be considered by the Commission at either of its September 11 or September 25 meetings.

4. NEBRASKA AVENUE RECONSTRUCTION. Commissioner Buchholz then recognized a resident of Nebraska Avenue who attended the meeting in order to request the following: (i) that the Commission ask DDOT to present its final Nebraska Avenue reconstruction plans to residents at its next meeting of July 10 in a visual manner (such as through a power point presentation) that all can easily see, and in that way assure greater public participation; (ii) that DDOT provide a “contextually sensitive design” as to which residents can submit suggested changes for the project; and (iii) that DDOT provide a detailed budget/cost breakdown for the entire project. The Commission, by a vote of 5-0, agreed to send a letter to DDOT requesting those three items to be included in the scheduled discussion of this matter at its July 10 meeting.

5. RENO ROAD RECONSTRUCTION. Commissioner Fromboluti next discussed the recent change in traffic patterns due to closed roadway associated with the pending Reno Road reconstruction and the difficulties such change has caused. He reported that he had initially been pleased when at a previous ANC meeting DDOT said that it planned to work on only two blocks of Reno Road at a time, but that now (as of this past week) the southbound lane of Reno Road has been closed for the entire section, all the way from Military Road to Nebraska Avenue. The result is that all southbound traffic is diverted onto side streets and is unable to easily access Reno Road going south of Nebraska Avenue. The detour signs from Connecticut Avenue back onto Reno Road southbound at Nebraska Avenue are rendered useless because there is a “No Left Turn” sign at Nebraska and Reno — hence getting back onto Reno Road is impossible without either making an illegal left turn onto Reno or going around several blocks west of Reno Road in order to proceed southbound. He asked that the Commission send a letter to DDOT requesting new detour signage from Connecticut Avenue to Reno Road that provides viable options to drivers. The Commission, by a vote of 5-0, agreed to send such a letter to DDOT.

6. BROAD BRANCH MARKET. Commissioner Levine next briefly updated the Commission concerning the status of the Broad Branch Market, based upon recent information received from DCRA (with the help of Thorn Pozen from Council Member Fenty’s staff). He reported that there are still problems with several of the pending applications by the development team for required DCRA permits and that the developer needs to satisfy a number of DCRA review comments and resubmit some plans. He has contacted the developer about this but expressed continued frustration with the incredibly slow pace of permit processing and lack of construction start for the project; he will report back as he receives any further information.

7. COMMISSION BUSINESS.

a. Commissioner Beach reported that the Commission has received 2 quarterly allotments from the District, in a total sum of $9,231.79.
b. The minutes of the June 12, 2006 ANC meeting were approved by a vote of 4-0-1 (Fromboluti abstaining as he had not attended that meeting).
c. One check was approved by a vote of 5-0: to Office Depot, $89.99 (for office stationery).
d. Items for the July 10 meeting include: Reconstruction of Nebraska Avenue; vote on pending spring round ANC grant applications; bamboo outside the yoga studio behind Northampton Street that is blocking the view of pedestrians for cars exiting Magruders’ parking lot; follow-up on flooding and sewage problem at Military Road and Legation Street.

The next MEETING OF THE COMMISSION is scheduled for Monday, July 10, 2006 at 7:30 p.m.

The Commission meeting of June 26, 2006 was adjourned at 9:10 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

___________________________ __________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF JULY 10, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Gordon, Presiding.

Commissioners present: Gordon, Beach, Fromboluti, Nolan and Buchholz. Absent: Levine and Redmond.

An audience of some 50 neighbors and government officials were present.

The Chair welcomed representatives from DDOT, Mr. Muhammed Khalid and Mr. Jeff Jennings to the meeting as well as members of Council staff.

The AGENDA was agreed to by a vote of 5–0, with agreement to discuss issues involving DDOT first and broadened the questions to include the intersection of Nebraska and Connecticut Avenues where serious traffic accidents had occurred, the detour signs associated with the reconstruction of Reno Road, the reconstruction of 38th Street between Military and Reno Roads, and the repaving of the alley behind the 5400 block of Connecticut Avenue.

8. NEBRASKA AVENUE RECONSTRUCTION. Commissioner Buchholz asked Mr. Khalid where DDOT stood on adjustments suggested by residents on the Nebraska Avenue reconstruction plan, including plans for the diversion of traffic to Northampton Street from Nebraska Avenue during construction. Mr. Khalid distributed several copies of the area plan that had been subject to community comment. Chair Gordon noted that because the audience was so large, additional copies would be made available in the ANC office on the second floor of the Chevy Chase Community Center during office hours of Monday-Wednesday-Friday, from 9:00 – 12:00. Mr. Khalid noted that changes to DDOT’s plan involving adjustments to sidewalks would preserve several trees that originally were to be taken down on Utah Avenue, 28th Street, and Moreland Streets, at their intersection with Nebraska, but that one large tree on the south side of Utah Avenue at Nebraska would probably have to be removed. He also stated that the short ramp between Nebraska and Oregon Avenues would become a one-way lane going toward the park with a greenspace island at that intersection.

He said that DDOT had noted the community’s concerns at losing so many on-street parking spaces and said that many of the “no parking” signs along Nebraska and Oregon Avenues were not going to be implemented, and have been removed from the plan. He further pointed out that DDOT had revised its crosswalk plans, and in response to questions by Commissioners about the safety of having a crosswalk at Nebraska and 28th Street, said he would look at this again. He welcomed suggestions from the ANC as to the placement of the crosswalk.

Of great concern to many residents was how the plan would divert traffic away from Nebraska Avenue during the construction phase. Originally, DDOT had proposed a diversion onto Northampton Street going westbound while Nebraska Avenue would be available for one lane going eastbound. However DDOT had revised this plan and Mr. Khalid said that Northampton Street would NOT be the detour street. DDOT was now looking at the options of westbound traffic and rejected the option of sending the flow from Wise and Western down Oregon to Military Road as Military is already overloaded. They are considering going from Wise Road or Western Avenue to Utah or from Wise Road to Chestnut Street to Utah to Nebraska. In response to a question from Commissioner Nolan about using Nebraska Avenue during the construction rather than diverting the traffic to side streets, Mr. Khalid said that allowing two-way traffic to continue on Nebraska by reducing two lanes to one lane in each direction and eliminating parking on the street entirely would significantly prolong the project. In response to her concerns about the traffic situation in the area with several major streets closed and impact of reducing yet another major thoroughfare in the area, Mr. Khalid said that Beach Drive was now opened and that 27th Street should be operational by the end of the week. Both streets had been closed because of flooding. He said that he believed that the Reno Road reconstruction project would be finished by spring 2007, which was the planning horizon for the commencement of the work on Nebraska Avenue.

Audience concerns focused on the additional traffic that would be going through neighborhood streets, in particular Northampton, Moreland, and Oliver Streets. Each of these streets was relatively narrow with parking on both sides of the road, and residents were particularly concerned about the large number of small children in these blocks as well as the hilly topography that made increased traffic as well as speeding particularly unsafe. Mr. Khalid responded that DDOT would review traffic patterns as the reconstruction got underway, and would make adjustments in the form of stop signs, “no through traffic”, and other notifications as the situations warranted. He reiterated that the detour signage should help to divert traffic away from these streets, but if residents noticed problems, DDOT would respond with solutions until the reconstruction was complete. Chair Gordon concluded the discussion by stating that there would be another meeting in the fall on the plan after DDOT had time to review further community comment. Commissioner Buchholz noted that the traffic calming guidelines under which residents could petition DDOT for permanent traffic calming measures had been simplified so that only 50 percent of a particular street’s residents were required for a DDOT transportation audit. New guidelines are on file in the ANC office and available on-line.

9. OTHER TRANSPORTATION ISSUES. Commissioner Fromboluti asked for an update on plans for the reconstruction of 38th Street between Military and Reno Roads. He noted that the street was one in most need of repair in the area and that he was under the impression that repairs had been “defunded”. Mr. Khalid said that he had just received a contract for the road’s reconstruction and he would inform the Commission of the timetable. Commissioner Fromboluti also brought up the poor northbound detour signage from Reno to Connecticut Avenue to Nebraska Avenue. The “no left turn” at Nebraska and Reno meant the detour sign off Connecticut Avenue was a detour going nowhere and was leading to illegal left turns at that intersection. Mr. Khalid said this problem would be fixed this week.

Commissioner Fromboluti welcomed DDOT’s solution to the problems at the intersection of Nebraska Avenue and Connecticut Avenue where recently there had been serious accidents as a result of left hand turns from eastbound Nebraska Avenue traffic onto northbound Connecticut Avenue. He said that DDOT would be timing the traffic lights at that intersection so that eastbound and westbound Nebraska Avenue would move consecutively rather than concurrently with green left turn arrows for both. In other words, eastbound traffic would move and then stop, and then westbound traffic would move. This hopefully will eliminate the head-on collisions we have been experiencing.

Chair Gordon raised the issue of the alley behind the 5400 block of Connecticut Avenue which had been discussed at a January 2006 Commission meeting with DDOT officials. He said that the situation was bad before the rain storms in the area last month, but that now the alley had deep potholes and that a resident reported a flat tire as he tried to navigate the alley. He said it was a priority to get this situation taken care of. Mr. Khalid responded that DDOT would make repairs next week, but getting permanent resurfacing work was more difficult because of a constrained budget and the many alleys needing repair.

Commissioner Nolan noted that she had received complaints about some confusion among motorists going north on Reno Road at Nebraska Avenue where Reno becomes one-way north due to the construction. At the intersection there are 2 lanes—one a left hand turn lane and a straight through lane. Some drivers had been using the left turn lane to carry onto the one-lane portion of Reno causing near-accidents with those using the straight-through lane. Mr. Khalid said he would change the signage at the intersection so that it was clear that one lane was for turning, and one was for continuing on Reno.

Commission Beach raised the issue of backyard flooding in the 5800 of Nevada Avenue, noting this was a long-standing problem related to alley paving as well as water and sewer problems. The Commission received a petition signed by 22 persons requesting alley repaving and ANC action will come at the July 24 ANC meeting.

10. GRANTS. The Commission approved by vote of 6-0 (Levine by proxy) grants totaling $2,300.00 for the following:
Chevy Chase Citizen’s Association $1,000
Wilson High School Crew Boosters (tent) $ 200
Avalon Theatre $1,100

11. OBSCURED VIEW FOR CARS EXITING MAGRUDERS PARKING LOT. Chair Gordon noted that some residents had raised the issue of the new bamboo shrubbery planted on the private property of Circle Yoga at Northampton and 39th Streets. He said that the concern was that cars exiting Magruders’ parking lot on 39th Street could not see oncoming traffic traveling from the north on 39th Street nor pedestrians walking in the same direction. After a presentation by the business owner’s husband (as she was out of town), and discussion by Commissioners, the Commission decided to take no action at this time and asked that the owners keep the bamboo trimmed so as not to obstruct the vision of either motorists or pedestrians.

12. UPDATE ON MILTARY ROAD SEWAGE FLOODING. Chair Gordon reported that he had attended a meeting with the residents of the 3800 block of Military Road who had experience an overflow of raw sewage in their basement bathrooms during last month’s floods. This meeting was attended by representatives of WASA, the DC Department of Health, and Councilmember Patterson. WASA said that it would do a full investigation of the problem although initial checks revealed this was a “once in 300 years” occurrence. Chair Gordon said he was somewhat skeptical of this because the same problem had occurred two years ago. He said that WASA would report on the investigation results by the end of the month at which point the Commission would again address the issue if needed.

As Chair Gordon departed at 9:15 PM, Commissioner Beach presided over the balance of the meeting.

13. UNDERGROUND ELECTRIC LINES: COMMENTS FOR DC PUBLIC SEVICE COMMISSION. Commissioner Beach announced that the DC Public Service Commission was requesting comments on a Pepco Report on the feasibility of putting overhead electric lines and cables underground in selected areas of the District. The report by Pepco is available through Pepco and the Public Service Commission. Comments should be made before August 15. By vote of 5-0 Commissions agreed to send a letter reiterating their position supporting underground lines at the time of street reconstruction.

14. COMMISSION BUSINESS.

a. The MINUTES of the June 26, 2006 ANC meeting were approved by vote of 3-0-1 (Nolan abstaining as she had not been at the meeting).
b. CHECKS: Chevy Chase Bank: $144.05 (federal withholding June); DOES $52.79 (April-June DC unemployment tax) by vote 4-0.
c. Items for the July 24 meeting: Quarterly Financial Report, Modernization of ANC computer-internet systems

The next MEETING OF THE COMMISSION has been scheduled for Monday, July 24, 2006.

The Commission meeting of July 10, 2006 was adjourned at 9:30 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

___________________________ __________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF JULY 24, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Vice Chair Levine, Presiding.

Commissioners present: Levine, Beach, Fromboluti, Redmond, Nolan and Buchholz. Absent: Gordon.
An audience of some 20 neighbors attended.

Vice Chair Levine began the meeting by announcing that he wanted opening comments to include all Commissioners who wished to speak. His initial comments concerned the intentions of ANC Commissioners as to their plans for re-election to their positions and he announced that he plans to run again for the ANC 3/4G 05 seat. Commissioner Nolan also said she plans to run for re-election to the ANC 3/4G 03 position (she also introduced a guest from England, Ms. Jacqui Blick, a student who is staying with her family for the summer). Commissioner Fromboluti said that he was also planning to run for re-election to his position, ANC 3/4G 07 and further noted that he had seen WASA engineers performing sewer mapping work on Military Road where raw sewage had recently flooded basements during the June-July storms. He said that this was a good sign and that hopefully, a solution to this problem could and would be found soon. Commissioner Redmond said that she would not be seeking re-election to her position for ANC 3/4G 01 and would be posting an e-mail message to that effect on the Chevy Chase Community listserv, encouraging qualified candidates to run for her seat. Vice Chair Levine thanked Commissioner Redmond for her years of service and fine contribution to the Commission on several issues, especially the tree issue in the neighborhood. Commissioner Beach announced that he would run again for the ANC 3/4G 04 position.

The AGENDA was next agreed to by a vote of 6–0, with two additions: updates on the site and structural problems at the Chevy Chase Community Center and on the DDOT reconstruction of Reno Road.

1. 5800 BLOCK OF NEVADA AVENUE—ALLEY DRAINAGE AND REPAVING. Vice Chair Levine then introduced Ms. Karen Ribler, a resident of Nevada Avenue, who briefly summarized the problems with respect to the alley that runs parallel to Nevada Avenue and Chevy Chase Parkway between McKinley Street and Patterson Street, a matter which had been discussed at the previous ANC meeting of July 10, 2006. Vice Chair Levine stated that there is a long-standing drainage problem in this alley such that during heavy rainfalls, the large amount of alley water floods backyards, which in turn results in flooded back yards and basements at the lower-lying houses on Nevada Avenue. There is a drain at the bottom of the alley near McKinley Street that may be clogged or inadequate, he said. The flooding issues at this location create two problems which need addressing: poor drainage in the alley, and the need for repaving of the alley. These matters are within the jurisdictions of both DDOT and WASA. Ms. Ribler has obtained the signatures of 22 residents on both Nevada Avenue and Chevy Chase Parkway requesting a full investigation of the drainage problem and need for alley repaving by the relevant agencies. After discussion of the issue by the Commissioners, Vice Chair Levine proposed that the Commission send strong letters to WASA and DDOT asking them to immediately investigate the problems identified in the residents’ petition and report back to the Commission as to what remedies can be taken to stop the flooding in this alleyway. Commissioner Beach noted that remedial actions by WASA/DDOT might require some homeowners to incur substantial costs to fully implement whatever final plans the two agencies derive for this alley (such as the costs of installation of retaining walls or other methods of preventing flooding or aiding in proper drainage methods) and he therefore proposed that the Commission’s letter ask that any report fully identify any such necessary or possible homeowner costs. Vice Chair Levine accepted the Beach amendment. The sending of Commissioner Levine’s proposed letter to DDOT and WASA was then agreed to by a vote of 6-0.

2. CHEVY CHASE COMMUNITY CENTER. Commissioner Nolan next provided a brief update on the physical site and structural issues at the Chevy Chase Community Center where flooding and numerous other problems exist. The Chevy Chase Citizens Association has also long been working on these issues and the new President of the Association, Mr. Ed Hayes, attended this Commission meeting. Following the “walk-through” 2 weeks ago with Commissioner Beach and officials of the Department of Parks and Recreation (DPR), several smaller items have now been resolved by DPR, but some more major ones still have not been addressed. Several toilet stalls are not operational; the elevator for use by handicapped individuals on the ground floor is not operational (a possible violation of the ADA); the lights in the parking lot are still out, and the one light that is working there is too bright and angled, causing a problem for an adjoining neighbor at night; and although sandbags have been delivered to keep rain water from flooding the Community Center basement, once those bags became saturated, as they are now, they become useless, and very heavy to move, resulting in rear doors being blocked, further complicating access for the handicapped. One of the retaining walls outside of the Center is also cracked, causing erosion problems for the neighbor behind the wall. Vice Chair Levine proposed that the Commission send an immediate e-mail message to DPR specifying these problems that require attention, with copies to Council Members Fenty and Patterson. Mr. Hayes reiterated that the Association is also working on these issues and would be happy to coordinate with the Commission on this matter. He further proposed that a “summit” type meeting be set up among representatives of the Citizens Association, the Commission, the Council Members (Chief of Staff Thorn Pozen from Council Member Fenty’s office attended the meeting and agreed to assist in this matter) and DPR. Vice Chair Levine agreed to work with the others in setting up a date for this meeting.

3. RENO ROAD RECONSTRUCTION. Commissioner Fromboluti next noted that DDOT has been responsive to the Commission’s request for better detour signage, both at Nebraska Avenue and Reno Road, and also with respect to the lane markings for traffic proceeding northbound on the one-way portion of Reno from Nebraska Avenue. He said, however, that he was very concerned about the lack of progress and slow speed of work on the reconstruction project generally – especially as apparently no one has been working at the location for at least the last two weeks. This is a major thoroughfare in the neighborhood and any slowdown of work is a severe problem for residents. After discussion in which other Commissioners strongly concurred that something needs to be done to urge quicker work here, Commissioner Fromboluti proposed that the Commission send a letter to DDOT citing its serious concerns about the lack of progress on the reconstruction work at this location, as well as about the trash and generally messy condition of the area left by the construction crews, and further asking for a full status report on these issues from DDOT. Commissioners suggested that the letter also ask for a construction timetable and a report as to the extent to which that timetable is being met. Commissioners all agreed to the sending of such a letter without the need for a vote.

4. 5601 BROAD BRANCH ROAD—BUILDING PERMIT. Ms. Jennifer Kaplan, a resident living nearby, advised the Commission that a building permit has been issued for the property located at 5601 Broad Branch Road; she and her neighbors believe the lot at this site is substandard in size and therefore not “buildable”. She expressed her frustration with the DC Department of Consumer and Regulatory Affairs (DCRA). Although the Director of DCRA, Mr. Patrick Canavan, had initially responded to her inquiries about this lot by e-mail offering to set up an appointment for her to review the builder’s plans for construction on the lot, he has not responded to any of her follow-up calls and she still has not seen the plans or copies of the issued permit. Mr. Thorn Pozen, Chief of Staff of Council Member Fenty’s office, who had been involved in seeking to set up the meeting with DCRA, echoed her sentiments and offered to try again this week to set up the meeting so that residents could see the plans and if necessary, file an appeal to the Office of Zoning (the building permit was apparently issued on July 13 and any such appeal of the permit must be filed within sixty days thereafter). After discussion of the issues involved, including the deadlines for appeals and the fact that the Commission would not be meeting again until September, the Commission agreed, by a vote of 6-0, to convene an emergency meeting in August, if necessary in order to meet any deadlines for the filing of appeals, in order to consider whether or not to join any appeal that may be filed by the neighbors with respect to this issuance of a building permit for the lot in question.

5. PARKING ON THE 3200-3300 BLOCKS OF MCKINLEY STREET. Although parking on both sides of the street in the 3200 and 3300 blocks of McKinley Street has been legally permitted since 1995, several residents of these blocks have recently received parking tickets for parking on both sides of the street. Commissioner Nolan reported that these tickets were issued by the police rather than the Department of Public Works, and that they are now being held at the police station (Second District) rather than entered into the City ticketing system until it is determined whether or not they were rightfully issued. She said the tickets were probably the result of a misunderstanding of allowable parking on these blocks by officers new to the area. No action of the Commission is required at this time but continuing monitoring will be needed.

6. COMMISSION BUSINESS.

a. QUARTERLY FINANCIAL REPORT. The Commission approved the Quarterly Financial Report by a vote of 5-0 (Commissioner Buchholz was temporarily absent). Commission Beach noted that in Chair Gordon’s absence, he had prepared the report for Vice Chair Levine’s signature.
b. The need for the modernization of ANC 3/4G’s COMPUTER and INTERNET systems was discussed. Commissioner Beach noted that the computer is more than 5 years old, does not support the Commission’s website, and that its Windows 98 software is no longer supported by Microsoft. With regard to the internet service provider, the connection is very slow and unreliable and also does not support the Commission’s website. The Commission agreed, by a vote of 6-0, to pay for an assessment of the Commission’s computer and internet needs by an expert (Vice Chair Levine asked that if possible, experts in the neighborhood be used for this purpose at the lowest available rates). The Commission agreed to post this request for assistance on the Chevy Chase Community listserv
c. The MINUTES of the July 10, 2006 ANC meeting were approved by a vote of 4-0-2 (Commissioners Levine and Redmond abstaining since they were unable to attend the meeting).
d. CHECKS: Sign Language Interpreters (for ANC Meeting of 7/10), $56 (Cindy Wood) and $56 (Christy Suda); Verizon $68.07 (bill, July 4, 2006); ANC Grants: Wilson High School Crew Boosters, $200.00, Avalon Theatre Project, $1,100.00, Chevy Chase Citizens Association, $665.00 (representing a $1,000.00 grant reduced by the amount of unspent funds from a previous grant).
e. Mr. Ed Hayes, President of the Chevy Chase Citizens Association, thanked the Commission for its grant, which will be applied towards expenses incurred for Chevy Chase Day, September 10 (all are encouraged to attend the many events on and around Connecticut Avenue that day; Commission members will march in the Chevy Chase Day Parade).
f. Items for the September 11 Meeting include: a report on computer and internet needs for the Commission’s office. Items for the September 25 meeting include: review of the revised DC Comprehensive Plan (Commissioner Fromboluti agreed to place a copy of his summary of the portions of the Plan of most interest to the Commission’s area on the Chevy Chase Community listserv).

Vice Chair Levine asked for any additional comments from the audience. The placing of a speed bump in the 5300 block of 27th Street was raised by a neighbor who had complained about the size and harshness of the bump that DDOT had installed on that block. Commissioner Nolan explained that the installation of the speed bump there resulted from an earlier Commission meeting with DDOT and residents of 27th Street that was held prior to DDOT’s repaving of the street. The placement of the speed bump at the plateau of the hill was apparently dictated by the DDOT traffic safety engineers. DDOT has advised that the speed bump has been installed on a strictly temporary basis and will be reviewed again by DDOT in approximately sixty days to determine whether or not it should be made permanent. The temporary bump will be removed after the review period and a new hump constructed if warranted.

The next MEETING OF THE COMMISSION has been scheduled for Monday, September 11, 2006. There are no Commission meetings scheduled for the month of August.

The Commission meeting of July 24, 2006 was adjourned at 9:10 PM.

RESPECTFULLY SUBMITTED:

VICE CHAIR: SECRETARY:

___________________________ __________________________
Jerry Levine Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF AUGUST 21, 2006 SPECIAL MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon, Presiding.

Commissioners present: Gordon, Levine, Beach, Fromboluti, Nolan, and Buchholz. Absent: Redmond.

An audience of some 15 people was present.

Chair Gordon first stated that this Special Meeting of the ANC 3/4G was being held to consider just a single issue: whether or not the Commission should join a possible appeal by neighbors to the BZA of the Zoning Administrator’s decision in favor of zoning compliance with respect to the issuance by DCRA of a building permit (Number B90561 dated July 13, 2006) for the property located at 5601 Broad Branch Road. The next regular meeting of the Commission is scheduled for September 11, which date comes after the deadline for the neighbors to file any appeal they might take in opposition to the zoning decision for this building permit issuance. Chair Gordon noted that this Special Meeting had been advertised publicly seven days in advance by publication of the necessary notice in the Northwest Current and by posting on the Chevy Chase Community listserv. He also noted that all parties interested in the matter, including the owners of both the 5601 Broad Branch Road property as well as the adjoining 3333 McKinley Street property, some additional neighbors, and the D.C. Zoning Administrator (Bill Crews), had all been invited to the meeting and were present. The AGENDA was then agreed to by a vote of 6–0.

Commissioner Beach, in whose single member district the subject property is located, began the discussion by stating that the central issue is whether the property conforms with all District zoning requirements, specifically whether it can be “grandfathered in” and thus exempted from the current 50 foot minimum lot width requirement (under Chapter 4 of the DC Municipal Regulations) by virtue of the fact that while it measures only 40 feet in width, it is an old lot that existed before the enactment of zoning in the 1950s and thus does not have to meet the current minimum zoning width requirement (50 feet for a lot with minimum of 5,000 square feet lot area in a R-1-B zone). The property on the corner of Broad Branch Road and McKinley Street (that is, the property with street address of 3333 McKinley Street) adjoins the 5601 Broad Branch Road property and while the two lots had apparently ever since the 1930s been legally described and categorized as two legal lots for zoning purposes, they had in fact been held for the years until recently by single owners. The two lots have apparently been taxed together for local real estate taxation purposes. There has long been one house existing on the 3333 McKinley Street property (at the corner of Broad Branch Road and McKinley Street) and there was a garage on the second lot that is now designated as 5601 Broad Branch Road that had been continuously used by the owners of the 3333 McKinley Street property as their garage. In January 2006, the two lots were sold to two separate parties. The lot on which the garage previously existed (5601 Broad Branch Road) was sold to Ms. Victoria Bamber and is the subject of the current dispute. Ms. Bamber subsequently proceeded to remove some trees on the property (under separate permits issued for this purpose) and after receiving a demolition permit, demolished the garage.

Upon application by Ms. Bamber on March 8, 2006, DCRA issued a building permit for the property on July 13, 2006 permitting a new house to be built on the site. The owner of the property is listed on the permit as Victoria Bamber and the agent is listed as Mr. David Handy (her husband). Commissioner Beach indicated that some neighbors are opposed to the construction of a new house on this site because they believe it does not comply with all zoning requirements. They object to the zoning decision for the building permit and plan to file an appeal in opposition to the zoning and permit to the BZA. If the Commission were to vote to join in on their appeal, Commissioner Beach indicated that the required $800 fee for filing the appeal would be waived, saving the neighbors this cost. Commissioner Levine noted that to join with the neighbors in their appeal, the Commission would in effect be choosing one neighbor over another by taking sides with the petitioners/appellants in the BZA proceedings and not the individuals who purchased the lot in question.

DC Zoning Administrator Bill Crews next stated that he and his office had reviewed the building permit and proposed house construction for zoning compliance and had granted zoning clearance for this property in an Outline of Zoning Compliance Review dated July 26, 2006. He explained the basis for his decision to grant zoning compliance: Section 401.1 of the DC Municipal Regulations provides that with respect to an otherwise unimproved lot that does not meet either the minimum lot width requirement (50 feet for a lot in an R-1-B zone such as this) or minimum lot area (5,000 square feet) both of which are set forth in Section 401.3, but where a building existed on May 12, 1958, under certain conditions the lot would qualify for “grandfathering” (because it pre-dates the enactment of zoning laws). Under the provisions of Section 401.1, a building on such a lot may not be enlarged or replaced unless it meets all other requirements of the Zoning Code (that is, other than the requirements of Section 401.3). Other provisions of the Code, including Section 401.2, permit a building on such a lot to be replaced by a new building on the lot provided that it does not adjoin another unimproved lot in the same ownership (not the case here) and also provided that the lot area and width of lot may not exceed 80% of the lot area and width of lot as specified in Section 401.3.

Mr. Crews indicated that the two sections of the Code must be read together in tandem and that in this case, all of the requirements for such exceptional treatment in those sections had been met. Moreover, in order to meet the exceptions, the lot and new building must satisfy all of the other criteria (height, rear and side yard feet requirements) contained in Chapter 4 of the Regulations, which is the case here. The Zoning Administrator determined that: (i) there had been an existing garage on the lot as of May 12, 1958; (ii) the garage structure is to be replaced by a newly-constructed house as the principal building on the site (the garage has since been demolished by the new owner of the property and the lot contains no building on it currently); and (iii) therefore the requirements of Section 401.1 and Section 401.2 would be satisfied in this case, provided the other requirements of Chapter 4 can and will be satisfied. The new house as planned to be constructed on the lot under the building permit satisfies the 80% tests as to lot width (40 feet) and minimum lot occupancy percentage (4,000 square feet), as well as other Code requirements as to height, and front and side yard setbacks.

Ms. Jennifer Kaplan, representing the neighbors of the 5601 Broad Branch Road property who oppose the building permit zoning decision and new house construction, explained the reasons for their opposition and the basis for a possible appeal to the BZA in this case, as follows: The neighbors believe that the Zoning Administrator is wrongly relying on Section 401.1 and the existence of an old pre-existing garage structure that they believe constitutes a “nonconforming” structure on an undersized property. They assert that enlargement or replacement of such a nonconforming structure with a new house violates other applicable legal requirements contained in Chapter 20 of the zoning regulations. The provisions of Section 20, they believe, apply to this case and generally prohibit enlargement or replacement of such “nonconforming” structures. They do not believe the old garage as a nonconforming structure can be replaced by a new house without at the least the owner applying for and obtaining a zoning variance from the BZA to permit the 40 foot width in lieu of the necessary 50 foot minimum width of the lot (as well as the 4,000 square foot lot in lieu of the required 5,000 square feet). They believe Mr. Crew’s reading of the regulations results in a subversion of the intent of the zoning regulations against the replacement or enlargement of such nonconforming structures on small lots in residential single family home zones.

In response to a question by Vice Chair Levine, Mr. Crews indicated that he and his department were fully prepared to defend the legality of the zoning decision for the building permit in this case. He went on to answer a number of other questions by the Commissioners. He said that the old garage on the property may actually be considered a “conforming structure” permitted as of right and not a “nonconforming structure” because both it and the lot itself pre-date zoning. Thus he does not believe Chapter 20 is applicable to this case. Further, in his view, the objection of the neighbors that the garage should be considered “nonconforming” in part due to the fact that it did not open directly into the alley also does not apply to this case because the garage was built long before zoning and there are in fact several such old garages (as well as old 40 foot, 4,000 square foot lots) that may be considered similarly “grandfathered” and thus “conforming” structures or uses in the District. Mr. Crews does not agree with the neighbors’ contention that the old garage structure may only be replaced by a new building of the exact same type, that is, by strictly another garage.

Ms. Kaplan and neighbors also cited the total lack of transparency in the process of the granting by DCRA of a building permit for this property. The neighbors complain that they were long unable to obtain access to the copies of the plans for the construction of the new house while filed at DCRA, and that they also were not able to determine the grounds on which DCRA and the Zoning Administrator made their decisions this past July regarding the zoning and permit. (Commissioner Beach noted that the Commission had earlier written to DCRA Director Canavan asking to be advised of the permitting process for this property, but had not received a response). Ms. Kaplan also argued that developments such as this have the effect of changing the character of the neighborhood by permitting the construction of houses that are larger than that which would otherwise be allowed under current zoning standards, based solely on the use of grandfathering provisions – as she described it, “oversized houses on undersized lots”. Other neighbors in attendance also described their surprise at seeing the two lots sold off separately, the garage torn down and the large excavation hole in the ground that currently exists on the site.

Mr. William Singer, a member of the staff of Councilmember Fenty’s office, who attended the meeting, pointed out and asked about several apparent factual errors contained in the building permit application filed by Ms. Bamber for the property, including a description of the lot in a few instances on the application as “vacant” when in fact there had been a previous existing garage located on the property. Zoning Administrator Crews indicated that these factual errors were not fatal to the application.

The owner of the 3333 McKinley Street property attended the meeting and indicated that since he had himself just recently purchased his property with full knowledge of the plans for the other lot, he was not in a position to complain about the use of the 5601 Broad Branch Road property.

Commissioner Beach inquired as to the names of the actual record owners of the lot in question. Victoria Bamber indicated that she is the current owner and in response to a later question from Vice Chair Levine, said that the agent, David Handy, is her husband. In response to another question by Vice Chair Levine, Ms. Bamber replied that either they themselves would live in the new house to be built on the property or might sell the lot to someone else who intended to live there. When given the opportunity to comment, both she and Mr. Handy strongly and sincerely described the financial burden the carrying of this property for so long a time has cost them and indicated that further delays and costs – as for example, through having to defend an appeal by the neighbors at the BZA or in court, might actually result in their personal bankruptcy.

Commissioner Buchholz stated his strong belief that the issuance of the building permit and zoning compliance determination were totally in error and that the Zoning Administrator is misinterpreting or ignoring the intent of the zoning regulations in this case. He said that he does not believe that the old garage on the property can be replaced by anything other than another garage and that any other reading or result, notwithstanding any technical arguments, would not comply with the entire spirit and intent of the Zoning Code. Commissioner Buchholz expressed great surprise that other members of the Commission might not agree with his conclusions in this regard.

Commissioner Nolan questioned whether any structure, such as a dog house, tree house, tool shed, etc. that might have existed on the property before the enactment of the zoning code could be replaced by a new house. Zoning Administrator Crews reiterated that he was dealing only with the facts of this case concerning the old garage that was used on this property as a structure and use for the adjoining corner property and the fact that there were two legal lots in question, not the splitting up of one lot into two parcels. Commissioner Nolan further expressed her concern over the use of this zoning method of “grandfathering” to build large homes on small, undersized lots and thereby affect or change the character of the neighborhood. Nevertheless, based upon the merits of the zoning arguments presented by Zoning Administrator Crews and those later presented by Vice Chair Levine, Commissioner Nolan subsequently indicated her intention to vote against intervention by the Commission.

Vice Chair Levine stated his strong belief and view, after considerable review of the case and legal research, that the issuance of the permit was fully proper and the Zoning Administrator’s view legally correct. He indicated that while the Code sections in question are certainly confusing and subject to varying interpretations, under the facts of this case, Section 401.1 read together with Section 401.2 authorize the replacement of the garage by a new single family house, as stated by Zoning Administrator Crews, so long as the lot and house meet all of the other requirements of the Code, such as the 8 foot side yard requirement, 25 foot setback requirement and 4,000 square foot maximum lot size. In his view, neither Chapter 20 nor any other section of the code changes the result in favor of zoning compliance in this instance. In addition, he believes and stated that the lot purchaser had the absolute right to rely upon the issuance of the building permit and zoning compliance review by the Zoning Administrator in proceeding to do the demolition and excavation at the site. He also felt and argued that in a case such as this that presents a difficult and potentially very close legal question for resolution by the BZA, the Commission should not vote to intervene in the controversial matter by choosing sides among neighbors or prospective neighbors unless it believes that the substantial merits of the matter lie with the party with whom the Commission is aligning itself. Since he could not reach that judgment under the facts of this case, he did not want the Commission to set a precedent of intervening in such a close case on behalf of appealing parties or prospective litigants just to save the neighbors the payment of the required filing fee.

Chair Gordon indicated that although this was a close and difficult case and that he felt sympathy for the views of the neighbors, and further that he regretted the controversy it was causing in the neighborhood, he nevertheless became convinced after the presentations and arguments that the Zoning Administrator is on solid technical ground in this case and therefore, he would have to oppose the intervention by the Commission in an appeal by neighbors.

Commissioner Fromboluti indicated that as an architect he had reviewed the matter and that based upon a careful review of the Code provisions and after listening to the presentations and discussion, he had to change his initial view in favor of the neighbors’ position under the facts of this case. He now believes that the technical merits of the issue weigh in on the side of the property purchaser. Although he feels that zoning section 401.1 was very confusing, the Zoning Administrator’s explanation of its intent made sense to Commissioner Fromboluti. Also, as the city had informed the property owners that they had a right to build on the subject lot, and as the city is defending that decision based upon their interpretation of the code, he thought there was little reason to dispute this case. He stated that this important Code provision in question is almost unreadable and difficult to interpret, and that it very much needed to be clarified by way of amendment to the Code. He also said that he was moved by the pleas by the property owners as to the severe financial implications to them from the long delays and proceedings over the validity of the issuance of the building permit and related zoning question. He did not feel that the Code should be interpreted in this case in favor of the neighbors at the expense of the property owner who bought the property in good faith and proceeded to remove the garage in order to build a home on the lot.

After further discussion, Commissioner Beach proposed a motion to the effect that the Commission join in an appeal by the neighbors in opposition to the decision of the Zoning Administrator as to zoning compliance of the issuance by DCRA’s granting of a building permit for the property at 5601 Broad Branch Road, with detailed arguments for its position in the matter to be forthcoming by the Commission at a later date. Commissioner Buchholz seconded the motion. A vote was taken and Commissioner Beach’s motion failed by a vote of two in favor of the motion (Beach and Buchholz) and four opposed (Gordon, Levine, Fromboluti, and Nolan). The Commission will therefore not intervene in this matter.

The next MEETING OF THE COMMISSION has been scheduled for Monday, September 11, 2006.

The Commission’s Special Meeting of August 21, 2006 was adjourned at 9:00 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

___________________________ __________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF SEPTEMBER 11, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon, Presiding.

Commissioners present: Gordon, Levine, Beach, Buchholz, Redmond, and Nolan.
Absent: Fromboluti (attending a 9/11 event at the Pentagon with his architectural firm, a principal designer of the reconstruction of the Pentagon).

An audience of some 20 persons was present.

OPENING COMMENTS: Chair Gordon opened the meeting by asking for a moment of silence in memory of those who perished on September 11, 2001, this meeting being held on the fifth anniversary of that tragic day in the Nation’s history. He then acknowledged the hard work and diligence on behalf of the Commission and entire neighborhood by Commissioners Redmond and Buchholz who are not seeking re-election to their two Commission positions. Each was presented with an autographed copy of the book “Big Cities, Small Towns” written by two of our neighbors. Chair Gordon also recognized the success of the second annual Chevy Chase Day held the day before the meeting, Sunday, September 10, and thanked the Chevy Chase Citizens Association and all who made that excellent community event possible once again this year. Vice Chair Levine then asked that the record reflect that Chair Gordon was attending this Commission meeting on the night before his hotly-contested primary election for the Ward Three Council position, a night when he certainly had several other things he could be doing — Vice Chair Levine remarked that it is a testament to his character and commitment to the neighborhood and work of the Commission that he chose to be in attendance at this meeting instead of attending to other campaign opportunities. Commissioner Nolan announced that Commander Andrew Solberg had recently been appointed to the permanent position as Commander of the Second Police District.

The AGENDA was next agreed to by a vote of 6–0

15. TRAFFIC LIGHT AT NEBRASKA AND CONNECTICUT AVENUES. DDOT official Jeff Jennings (Ward Three Transportation Planner) attended the meeting and reported that DDOT would be changing the traffic light sequence for the stoplight at Nebraska Avenue and Connecticut Avenue, as previously requested by the Commission, within the next ten business days, in order to make it “sequential” in nature rather than “concurrent”. This change would provide for a delayed green light that would permit vehicles proceeding in either direction on Nebraska Avenue (eastward to westward) to turn leftward onto Connecticut Avenue (in order to go either northward or southward on Connecticut Avenue) with their own separate and sequential green light rights-of-way (rather than concurrently with each other). Mr. Jennings credited the Commission with bringing this matter to the attention of DDOT. Commissioner Nolan requested that DDOT install new signage at the intersection be posted to notify drivers of the new “advanced green” light sequence configuration.

Mr. Jennings also further reported generally on the status of the installation of the new TRAFFIC LIGHT AT CONNECTICUT AVENUE AND MORRRISON STREET, as also previously requested of DDOT by the Commission. While the technical aspects of the light are still being worked out by Doug Noble, Chief Engineer of DDOT (to whom Mr. Jennings referred the Commission for specific information about the light), Mr. Jennings did confirm that DDOT’s current plans for the light are as follows: (i) the new light will be a “half light”, that is, a pedestrian-activated signal; (ii) the light will be normally a “flashing yellow” signal on Connecticut Avenue in the north and south directions and would only turn full red (after first going briefly to a full yellow light) when activated by a pedestrian seeking to cross Connecticut Avenue from Morrison Street; (iii) the light would always be a “flashing red” signal on the Morrison Street sides of Connecticut Avenue and would never go to a full red signal on those two sides of Morrison Street; (iv) installation of the new light will begin in approximately thirty business days and full installation will take about eleven weeks to complete. Vice Chair Levine asked whether there would ever be a full green cycle at the light for vehicles trying to turn left onto Connecticut Avenue from Morrison Street and if not, what the consequences of this might be for traffic and safety in the area (Mr. Jennings referred this question to Mr. Noble for response). In response to another question posed by Vice Chair Levine, Mr. Jennings confirmed that this new traffic signal light would be installed by DDOT on strictly a trial or experimental basis for a number of months and that a change to a different kind of light (including a conventional full signal light) could be considered in the future depending on the results from the trial basis pedestrian-activated light. In response to a request from Commissioner Nolan, Mr. Jennings said that he would work to get new signs posted at the intersection notifying vehicles and pedestrians alike about the new configuration there. Chair Gordon asked Mr. Jennings about the number of accidents at the intersection and Mr. Jennings replied that he would check on the exact numbers (subsequent information received by e-mail from Mr. Jennings indicates that a substantial number of accidents – in fact, some 25 – have occurred at the intersection over the last three years).

Mr. Jennings was also asked about the status of the temporary speed bump on 27th Street going down from Military Road towards the Park and what the results of the test period have been to date. He indicated that he would check on this and get back to the Commission concerning that matter.

16. REPORT ON SEWAGE AND FLOODING PROBLEMS IN THE 3900 BLOCKS OF MILITARY ROAD AND LEGATION STREET. Mr. Jerry Johnson, General Manager of DC WASA first introduced several other staff members and consultants who were attending the meeting with him, including his assistant general manager, director of sewer services, chief engineer and Ms. Tanya Deleon (Tanya.deleon@dcwasa.com, 202-787-2050 and 787-2052), staff member in Risk Management. Mr. Johnson began by providing an overview of the findings of the recent WASA report concerning this matter which is entitled “Sewer Investigation of Military & Legation Roads, NW.” Mr. Frank Soloducha of Greeley and Hansen, consultants to WASA, next presented the specific findings of the report in further detail. The report was primarily based on surveys distributed to 101 area residents asking them to identify any problems with sewage and flooding of their homes that they may have experienced as a result of the recent storms or otherwise. Flooding and sewage backup problems have been reported on several streets, but mostly centered on Legation Street and Military Road west of Connecticut Avenue.

The WASA officials and consultants indicated that they had inspected some 8,500 feet of pipe in the area using closed circuit television cameras inserted into pipelines at manholes. All sanitary and storm sewers in the area were inspected (sanitary sewer pipes are 10 to 12 inches in diameter and handle home waste from home toilets and garbage disposals, and storm sewer pipes are 54 inches in diameter and handle storm water flows). Most of the sewers in our area were originally constructed between 1910 and 1930, and several have been found to be in need of repair. The report’s findings included a cracked pipe located on Legation Street, a collapsed pipe at the corner of Legation Street at Nevada Avenue and a clogged pipe at Military Road near Connecticut Avenue. This clogged pipe was due to a back up of grease in the pipe resulting from the configuration of the manhole at that point after it was built up (a process known as “benching”). WASA has made the necessary repairs at 3515 Legation Street and the clogged pipe with grease has been cleaned. The pipe under the 3800 block of Legation Street will be repaired and/or replaced in the spring of 2007.

While normally storm run-off flows into the storm sewers, during heavy rains, water coming off of roofs and overflowing downspouts ends up inside the sanitary sewer system as well. The result is that the system becomes overloaded and causes back-ups of water, which is what the neighbors in these areas have been reporting to the Commission. Mr. Johnson indicated that WASA has decided to accept homeowner claims for damage to their basements and property from the backup of water and sewage in these areas. In response to questions from Commissioners Buchholz and Nolan, the WASA officials attending the meeting indicated that there is NO deadline or time limit for the submission of such damage claims by homeowners to DC WASA. WASA further advised the Commission and neighbors that while there is no systematic replacement program for sewer pipes; the agency nevertheless does conduct a comprehensive program for continual assessment of the condition of the sewer system and makes capital improvements to the system as needed, and that several are now underway.

While the discussion was limited mainly to this particular report and problems, other questions and concerns for the WASA representatives were also raised at the meeting. The WASA officials were asked to look into and report back to the Commission about the existence of flooding problems in the 2900 block of Kanawha Street, the 3700 block of McKinley Street and the alley with possible clogged drain that runs parallel to Chevy Chase Parkway and Nevada Avenue north of McKinley Street. Vice Chair Levine also asked about longstanding flooding in the area of Broad Branch Road south of 27th Street, where several accidents have occurred as a result of freezing or slippery water conditions on the narrow, winding park road there. Mr. Johnson further reported that a multi-agency Drainage Committee has now been formed to work to resolve several inter agency water control issues (including DPW, DCRA, DDOT and other agencies). The chair of the committee rotates among the agencies. Commissioners were asked to submit a list of water control problems in our area to WASA for referral to this new inter-agency committee.

17. TRASH ON CONNECTICUT AVENUE. Vice Chair Levine next reported on communications received from residents about recent improvements by the Starbucks store located at the corner of Connecticut Avenue and Livingston Street in regard to the pick up and disposal of trash and debris previously in the area; but he read a list of some ten or so other business establishments on Connecticut Avenue that neighbors are reporting to have continuing trash and debris problems. These businesses need to be reminded from time to time about their obligations to keep their areas clean. He asked that residents, the Commission and the Chevy Chase Citizens Association all continue to be vigilant about these issues, and work together on them.

18. CHEVY CHASE COMMUNITY CENTER. Vice Chair Levine reported that permits for the work to be done at the Chevy Chase Community Center are now reported to be in the final stages of review by DCRA (structural), the Department of Health and WASA; he said that there are indications that the work could finally start in late September or early October, other than landscaping that would need to await the spring.

19. ZONING TEXT AMENDMENT ON CHARTER SCHOOLS IN RESIDENTIAL ZONES. The Commission began a discussion of the proposed Zoning Commission’s text amendment relating to zoning exemptions that would permit small charter schools serving less than sixteen students to be treated the same as small public schools or day care centers and be allowed as a “matter of right” in residential zones. Commissioner Nolan moved that the Commission adopt a resolution in support of the previously-adopted resolution on this topic by ANC 3F, which opposes the adoption by the Zoning Commission of such text amendment for several reasons (interested neighbors can receive a copy of the ANC 3F Resolution from the Commission’s office). Vice Chair Levine read from an e-mail by Ellen McCarthy of the DC Office of Zoning defending the treatment of small charter schools in the same manner as small public schools and day care centers for zoning purposes in residential zones. There was no second to Commissioner Nolan’s motion, so that her motion was not able to proceed.

20. COMMISSION BUSINESS.

a. Modernization of the Commission’s computer and internet connection awaits technical support.
b. The MINUTES of the Commission’s meeting of July 24 were approved by vote of 6-0 and the minutes of the Commission’s meeting of August 21, 2006 were approved by a vote of 5-0-1 (Redmond abstaining as she was not present at that meeting)
c. CHECKS approved by a vote of 6-0: Verizon, $61.87 (bill of August 4, 2006); Chevy Chase Bank, $148.65 (federal withholding, July); Chevy Chase Bank, $120.74 (federal withholding, August); Office Depot, $57.17 (office supplies)
d. Treasurer Beach reported that the District’s allotment for ANC 3/4G (3rd of 4 installments) has been received in the amount of $4,954.95, and that the fourth allotment is expected soon.
e. At the request of Vice Chair Levine and other Commissioners, in order to hold the Commission’s fall grant cycle, Treasurer Beach agreed to prepare and submit to the Commission a proposed budget for FY 2007 at the next Commission meeting of September 25.
f. Items for the September 25 Meeting: review of status of the Broad Branch Market redevelopment; review of pending revised Comprehensive Plan (Commissioner Fromboluti has agreed to post his list of the aspects of the Plan that affect Ward Three on the Chevy Chase Community listserv.); consideration of a traffic calming petition for Aberfoyle Place; status of the temporary speed bump on 27th Street; review of the proposed Commission budget for FY2007

The next MEETING OF THE COMMISSION has been scheduled for Monday, September 25, 2006.

The Commission meeting of September 11, 2006 was adjourned at 9:15 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

___________________________ __________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF SEPTEMBER 25, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon, Presiding.

Commissioners present: Gordon, Levine, Beach, Fromboluti, and Nolan. Absent: Buchholz and Redmond (Commissioner Redmond arrived later in the meeting).

An audience of some 30 persons was present.

OPENING COMMENTS: Chair Gordon opened the meeting by describing briefly his recent nine-month experience as a candidate for the nomination for election as the Ward Three member of the DC Council, saying that the experience was generally very satisfying, especially in that he was able to meet and talk to so many of his Ward Three neighbors.

The AGENDA was next agreed to by a vote of 5–0, with several additions: timing of the traffic light with pedestrian walkway at the intersection of Western Avenue and Oliver Street; possibility of obtaining “gator bags” for residents to water newly-planted street trees; sign language interpreters for the upcoming Commission meetings; an announcement of an upcoming meeting of the Friendship Heights Task Force; and a report on a recent community meeting with the DC Department of Parks and Recreation. Two agenda items were postponed until the next Commission meeting on October 23: the matter of a new traffic calming petition for Aberfoyle Place, and results of the test of the temporary speed bump on 27th Street.

1. BROAD BRANCH MARKET. Commissioner Levine, in whose Single Member District the property is situated, presented a brief summary of the history of the delayed start of reconstruction of the Broad Branch Market on Broad Branch Road. In his opening and later comments, Commissioner Levine noted that over the last two years, the ANC has repeatedly asked both the developer and appropriate DCRA officials to provide the Commission and neighborhood with continuous information and updates on the status of issuance of all necessary building and site development permits for the property, together with timetables for the start and completion of project construction. He said that the developer had appeared before the Commission twice before, and the Commission had frequently discussed the status of the project as part of its meeting agenda items, but that the lack of progress and long delays — with lack of adequate or sufficient information and communications — had left both himself and his fellow Commissioners, as well as many neighbors, extremely skeptical and frustrated about the boarded-up property. In later comments (made in response to a neighbor saying that the nearby residents had not been informed about the problems and had to keep after the developer to secure the site, Commissioner Levine noted that while he and other Commissioners have continually sought to share updates and information with the neighborhood by postings on the Chevy Chase Listserv and dissemination of the minutes of Commission meetings, in some cases neighbors have posted or voiced complaints about the property without ever having sought to obtain such available updates and information on the status of the project.

He then introduced Mr. Lewie Bloom, the owner and developer of the property and Mr. Bill Crews, DC Zoning Administer (who attended the meeting together with several members of the staff of the DC Department of Consumer and Regulatory Affairs (DCRA) including Deputy Director for Communications Linda Argo, liaison to ANCs Eric Rogers, and Janice Ganetta of Customer Service).

Mr. Bloom provided an update on the status of building permits for the property, reporting that as of that date, September 25, to his best knowledge, all necessary permits had been approved except for two minor items: one final WASA permit and a DC Department of Health clearance relating to a necessary inspection of the size of the water meter. Mr. Bloom said that he fully expected both final approvals to be received within a few weeks, and that thereafter, upon issuance of his building permit, he would immediately begin construction. He said that the construction work would likely take about nine months and that depending on weather and other possible delays during the reconstruction period, he would expect the new market and day care center to be able to be reopened next summer 2007. Responding to a question by Commissioner Levine, Mr. Bloom described the plans for the new market and day care center in some detail: the building would be totally renovated using superior construction materials, but would remain the same wood-framed building; two additions to the main building would be constructed at the rear and on the side of the original building; the ground under the building would be excavated to rebuild the basement; an elevator would be installed; the new market area would be built on the first floor of the building in the main portion of where the old building stood and would include a deli case, coffee section, ice cream parlor with a few seats, and a front porch; the new children’s day care center facility would be constructed on the new second floor.

As to the children’s day care center, Commissioner Levine then called upon Mr.Eric Fedowitz, Facilities Chair of the Board of Wonders Child Care (previously All Saints All Day) to comment as to their role. Mr. Fedowitz stated that his organization remains fully interested in operating the proposed day care facility and that they are ready to begin planning for the center as soon as the building renovation is underway. In response to a question from a neighbor in attendance, Mr. Fedowitz and Mr. Bloom both confirmed that all necessary fire approvals have been received for the reconstructed all-wood building, new sprinkler system and proposed new day care center areas from the appropriate District fire officials.

Commissioner Levine then asked Zoning Administrator Crews to provide an update on the status of permits for the project. He and his staff indicated that they believe that all DCRA-related permits (including zoning, fire and electrical) have been issued, but said they would need to re-confirm that information to Commissioner Levine within the next few days (mechanical and structural need to be specifically confirmed since they were last cited as in need of some corrections in the plans and specifications). Zoning Administrator Crews then answered several questions from Commissioners and residents concerning changes needed to the construction permitting process, so that the very long delays such as those experienced on this project could be avoided for future projects. He advised that DCRA is now considering adopting changes in the permit application process to allow a petitioner to submit several copies of plans and specifications in order to obtain simultaneous reviews of permit applications by various disciplines within the agency, rather than having the reviews performed consecutively in a manner that requires certain reviewers to wait for the completion of prior reviews before undertaking their work. In response to a question from the audience, Zoning Administrator Crews said that DCRA is also working with representatives of the building industry on both a national and local basis in order to propose and implement possible reforms that would streamline building permit application, review and issuance procedures (including methods of communicating and publicizing any such new procedures once adopted).

2. COMPREHENSIVE PLAN. Commissioner Fromboluti next provided a brief overview of the proposed revision by the DC Office of Planning of the District’s Comprehensive Plan, which was released nine months ago and is now in second draft (the last full Comprehensive Plan was drafted and adopted in the early 1980s, was last amended in the late 1990s, and is outdated and in need of revision and updating). Commissioner Fromboluti summarized his recent memo outlining the sections of the Plan that affect the Commission’s area. He also said that he had a generally favorable view of the Plan, since it contains many good elements and several land use planning concepts of importance to the Chevy Chase community, such as policies to encourage the retention of small businesses, protection of residential zoning, mixed use commercial/residential structures and “inclusionary zoning” principles that would provide for affordable housing within new residential structures. Commissioner Fromboluti observed that his chief concern over asking the Commission to recommend City Council approval of this version of the Comprehensive Plan is that other Ward 3 ANCs have previously passed resolutions requesting that the Council postpone further consideration of the Plan until after the new City administration is in place next January 2007; he also reported that the Federation of Citizens Associations and the Committee of One Hundred have some reservations about the Plan and were joining in the requests for a delay.

Commissioner Fromboluti then introduced Mr. Barry Miller of the staff of the DC Office of Planning. Mr. Miller described the changes that this re-write of the Plan makes to the previous 1996 version of the Plan. He said, for example, that this Plan: (i) includes many new graphics and charts; (ii) adopts five new elements (including Parks and Open Space, Arts and Culture, Educational Facilities, Regional Framework, etc); (iii) adopts an area-wide planning system in lieu of the old ward plan system (the Chevy Chase areas is included within the “Rock Creek West” planning category); (iv) augments the Plan’s citywide planning concepts to include some of the language from the previous Plan’s Ward Three section; and (v) inserts a section on priorities and timetables that was an omission from the previous Plan. He noted that although some who have commented on this version of the Plan have had reservations about the proposed density concentrations planned for areas surrounding Metro stations and the possible impact of such densities on nearby residential neighborhoods, the community should not presume, in reviewing this Plan, that the maximum density would be allowed in every or any case (this is a planning document against which zoning decisions are measured but does not substitute in any case for the normal zoning process for any given property; for example, this Plan does not make any changes to the existing Planned Unit Development process but does propose that changes in the PUD process be adopted in the future). Mr. Miller also stated that this is not the end of the comment period and that comments from residents and others would be able to be made anytime up until the final passage of a Council bill with respect to the Plan. The next public hearing of the Plan (two were to be held by the Council on Sept. 26) is October 24 and Council action is not expected (if at all this year) before the end of the calendar year this December.

Commissioner Levine commented that in his view this revision of the Comprehensive Plan is long overdue and at long last includes some necessary and extremely desirable planning concepts that encourage the production of affordable housing opportunities in the District. He said he believes that the Plan should go forward to the Council for consideration now, rather than having to wait for a new DC Administration and Council to take office next year (some say a delay of over one year would ensue if consideration of the Plan is postponed until the new administration takes office). Mr. Miller agreed with Commissioner Levine’s view in this regard and further stated that the new officials could propose and adopt amendments to the Plan, as they deemed necessary, after they take office next year. Two neighbors in attendance voiced support for the Plan proceeding to be considered by the Council at this time rather than having it await the new administration taking office next year.

Commissioner Fromboluti then proposed a motion to the effect that the Commission would join with other Ward 3 ANCs in requesting that the Council postpone consideration of this version of the District’s Comprehensive Plan until after the new administration takes office next January 2007 (citing the reservations over this Plan by other ANCs, the Federation of Citizens Associations, the Committee of 100, and several officials). After discussion, Commissioner Fromboluti’s motion failed by a vote of two in favor (Fromboluti and Nolan) to three opposed (Levine, Gordon, and Beach). Commissioner Levine then said that at the next Commission meeting (October 23), he would propose a motion for the Commission to request that the Council proceed to consider adoption of the Comprehensive Plan revision during its current 2006 session.

3. TRAFFIC LIGHT AT WESTERN AVENUE AND OLIVER STREET. Commissioner Beach next reported that the Chevy Chase Baptist Church on Western Avenue near (west of) Chevy Chase Circle has brought to the Commission’s attention the short timing of the pedestrian walk signal at the intersection of Western Avenue and Oliver Street. The short crossing time is of concern to day care administrators at the children’s center who see people, including children and their parents and caretakers, struggling to cross the busy intersection in time. The Commission took no action on this subject at this meeting, but agreed to fully discuss and consider it at a future meeting after receipt of a letter describing the problem from the Church staff.

4. “GATOR BAGS” FOR TREE WATERING. In response to a request from neighbors (Mary Rowse and several others) that residents be able to purchase tree “gator bags” that attach around the trunks of small trees such that water can be poured into the bag to water newly forming roots of city-planted street trees, Chair Gordon said that this is a worthwhile undertaking and one that should be eligible to be paid or reimbursed out of a Commission grant if done by an eligible community group. He suggested that those interested identify a nonprofit community organization (such as the Chevy Chase Citizens Association, Chevy Chase Garden Club or similar entity) that would be willing to purchase such “gator bags” in bulk and distribute them to residents, with the possibility that reimbursement for such costs incurred could be obtained through the proceeds of a Commission grant during a future Commission grant cycle.

5. SIGN INTERPRETERS. Commissioner Nolan next reported that Ms. Cindy Wood, who has been responsible for finding sign language interpreters to attend Commission meetings this past year, has written to the Commission to commend it for providing access to its meetings for deaf members of the community, but also to request that the Commission consider a new arrangement for compensation for the services of the interpreters after January 1, 2007 (which would be included in the Commission’s 2007 budget). Commissioner Nolan indicated that at present, she knows of some five deaf neighbors who would like to attend Commission meetings and who are in need of sign language interpreters. Further discussion of this matter was deferred until a point later in the meeting for consideration of the Commission’s proposed 2007 budget (see #7d below).

(Commissioner Redmond arrived at the meeting at this point).

6. UPDATES. (i) Commissioner Levine briefly reported on the recent citizens’ “speak out” meeting with the DC Parks and Recreation Department where the status of repairs for the Hearst School playground and the Chevy Chase Community Center, among other matters of community interest, were both discussed. He noted that the Hearst facility was suffering from delays akin to the Chevy Chase center. According to DPR officials, the Chevy Chase Community Center is still approximately three weeks away from receiving all of the necessary permits for the Phase Two repair work of the overall renovation project at the Center. (ii) Commissioner Beach asked permission of the Commission to draft the usual short form Annual Report document for this year and that request was approved. (iii) Chair Gordon announced that the Friendship Heights Task Force would be holding its next meeting on October 4 (5:30-6:30 PM) concerning issues in Friendship Heights and that he would attend on behalf of the Commission. (iv) Commissioner Nolan stated that in her view the Commission would benefit from a briefing concerning the legal requirements of the Americans with Disabilities Act and the staff of the Commission was asked to invite a knowledgeable person or representative to review the Act’s requirements at the next Commission meeting of October 23.

7. COMMISSION BUSINESS.

a. The MINUTES of the Commission’s meeting of September 11 were approved by a vote of 5-0-1 (Commissioner Fromboluti abstained as he did not attend that meeting).
b. CHECKS approved by a vote of 6-0: Verizon, $60.90 (bill of September 4, 2006); Chevy Chase Bank, $106.64 (federal withholding, September); $56.00 to Christy Suda, $56.00 to Cindy Wood (sign interpreters, September 11 meeting); $35.41 to Allen Beach (petty cash replenishment-$30.13 postage, $5.28 office supplies).
c. Treasurer Beach reported that the District’s allotment for ANC 3/4G (4th of 4 installments) has been received in the amount of $4,954.95.
d. Treasurer Beach presented a draft budget for FY2007. After discussion, the Commission agreed by a vote of 6-0 to increase the budget for the cost of sign interpreters at Commission meetings from $1500.00 to $3,000.00 and to specify that any surplus funds obtained as a result of savings in any of the budget line items for FY 2007 are to be added to the line item category of the budget for community grants, presently at $8,000, to be increased up to a maximum of $10,000. Change in Office Director’s hourly rate to be effective January 1, 2007.
e. Items for the October 23 Meeting: Shoemaker Home; temporary 27th Street speed bump; traffic calming petition for Aberfoyle Place; briefing on Americans with Disabilities Act; additional motions, if any, concerning the Comprehensive Plan; possible proposal for one-way traffic on the 3800 block of Livingston Street; and the Commission’s Quarterly Financial Report.

The next MEETING OF THE COMMISSION is scheduled for October 23, 2006 (October 9 being a public holiday).

The Commission meeting of September 25, 2006 was adjourned at 9:30 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

___________________________ __________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF OCTOBER 23, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon, Presiding.

Commissioners present: Gordon, Levine, Beach, Fromboluti, Buchholz and Nolan. Absent: Redmond.

An audience of some 150 persons was present.

The AGENDA was agreed to by a vote of 6–0 (with a number of items deferred).

1. MILITARY ROAD REPORT. DDOT officials (Jeff Jennings and Sophie Boreshe) reported on the agency’s six-month study of traffic flow on Military Road following the changes that DDOT made to the lane configuration (including a middle turning lane on a three lane configuration between Nebraska Avenue and 27th Street). Substantial opposition to the new lane configuration has been expressed by users of Military Road proceeding in both eastbound as well as westbound directions, especially during peak rush hours. As a result of the reduction of lanes from four to three, traffic has been backing up during rush hour periods in both directions, especially west of Nebraska Avenue and on Nebraska Avenue, thus greatly increasing the amount of time required to travel that portion of Military Road. In response to the difficulties encountered in the new configuration, DDOT has decided to change the lane design in order to accommodate the large volume of vehicle traffic, especially during the morning and evening rush hours.

The new, revised DDOT proposal would return Military Road to four lanes during peak rush hours and eliminate on-street parking on the north side in the morning (so there are two lanes westbound) and on the south side (so there are two lanes eastbound) of the Road during those peak periods. During non-rush hour periods, the revised DDOT plan would provide for two lanes of through traffic (one in either direction) and two lanes of parking on the north and south sides. The DDOT plan includes maintaining the turning lane for westbound traffic wanting to turn left from Military Road onto Nebraska Avenue and also prohibits parking near all intersections to make turns easier off of Military Road onto side streets at those intersections). Current parking barriers would be removed and re-striping of pavement required under the revised plan. The Commission has suggested certain modifications to the parking plans proposed by DDOT and has invited DDOT to return to its next meeting to further discuss the new plans. DDOT further announced that it is holding a public, community meeting on this matter on Wednesday, October 25. Residents in attendance at the meeting expressed concern over the new DDOT plan as to possible speeding of traffic (and need for speed cameras), the difficulty under the new plan for vehicles seeking to make left turns off of Military Road and also those trying to enter and exit from side roads onto or from Military Road and concerns about buses and emergency vehicles (these were the same concerns that were presented to DDOT prior to its decision to reconfigure the lanes on Military Road). The Commission intends to consider this matter again at its next meeting of November 13.

2. 27th STREET SPEED HUMP. DDOT officials also reported that the temporary speed hump on
27th Street that had been installed as a test or experiment is being removed. DDOT will consider whether or not to install a permanent hump at a future time and might also consider erecting rumble strips. These traffic calming devices are not appropriate to be installed on a hill, but can be erected on flat roadway surfaces. One resident asked for such devices on the flat surface on the north side of 27th Street across from St. Johns.

2. SHOEMAKER HOME. The Commission next considered the application of the Shoemaker Home: BZA Application #17542 for a special exception to 11 DCMR 3104.1 for a change of nonconforming use under subsection 2003.1, or in the alternative pursuant to 11 DCMR 3103.2, a variance from the use provisions to allow a dormitory for student housing under subsection 201.1, in the R-1-A District at premises located at 2701 Military Road, NW (Square 2305, Lot 83). Chair Gordon stated at the outset that the Commission is required to present its views in this matter at least seven days before the December 12th BZA hearing scheduled on the case, and he further announced that the Commission would consider the issues at this meeting, but would not be taking a vote on the matter until its next meeting on November 13.

Mr. Tom Dillon, a member of the Board of Directors of the Shoemaker Home (the seller under contract of sale to sell the property and buildings to the Fund for American Studies) then made a presentation in which he described the process the Home used to place the property up for sale and spoke of the quality of the proposed purchaser of the property. He then introduced Mr. Roger Ream, President of the Fund, who described the Fund’s proposal for the use of the existing buildings and grounds on the site. He described the use as a group residential facility and said that the existing structures are planned to be used “as is” without any expansion or alteration to the exterior. He said existing trees on the site would be retained and that no additional parking on-site is planned. The buildings would be used to house some 35-54 students (maximum of two per room, but potentially up to a maximum of 60 if staff rooms are used), who would live at the facility while attending the Fund’s educational studies program at Georgetown University and holding semester-long internships in the DC area (one half of the students are generally from foreign countries). Mr. Ream provided some background on the Fund, introduced some current students in the program who attended this meeting to show support for the proposal, and also described a list of eight conditions that the Fund is presenting to the BZA as part of its zoning applications that set out strict rules the students would need to accept to live on the site, including a ban on cars, alcohol, parties, overnight guests, etc., along with plans for close supervision and establishing a neighborhood liaison committee to deal with any problems that might arise.

Commissioners then posed several questions to Mr. Dillon (and his attorneys) about his plans for the property and the requested zoning actions pending at the BZA. Residents in attendance at the meeting and wishing to speak were then called upon to do so. While some neighbors spoke in favor of the application (basing comments on the need to accept diversity of population in the area, the plans by the Fund for enforcing strict rules and regulations for the conduct of students, etc.), the majority of those present opposed the applications. Their reasons primarily centered on the potential effects of a large number of students coming in to live in the residential neighborhood. A number of neighbors opposed the use of the site for this kind of “transient” housing with students who, they believe, might not necessarily care about the surrounding neighborhood. Others expressed strong concerns about the potential adverse impacts from the use of the property by students who can be loud, have parties and guests, have need for parking spaces, congest traffic, etc. Some said that they would prefer that single family homes be built on the site or that the property serve only elderly people as it did in the past, and others said that any parking restrictions may be very difficult to enforce against the students. The issues of adequacy of water pressure in the area and late night deliveries to the dormitory were also mentioned.

Commissioner Nolan next summarized the neighbors’ concerns, as follows: the sale of the property was not advertised and other potential purchasers have expressed interest in buying the site and using it in the same manner as currently, that is, for elder care; some of the other potential purchasers would use the building for the purpose it was constructed under the direction of the will of Anna Shoemaker, without the need for a variance; there is no hardship to the Home to find a buyer other than the Fund; the description of the kind of students to be housed has changed (initially stated to be “scholars” and “graduate students” and now the proposal states that there would be some undergraduates as well); there are likely to be “adverse impacts” from noise, parties, drinking, and the like, especially at night; the students would impact public transportation which is already reporting overcrowding conditions (such as waiting passengers being passed by buses that are full); there is no direct route on public transportation from the Home to the Georgetown University campus and thus students will be tempted to get their own cars to drive to school; there is an insufficient number of parking spaces on the site for the number of students anticipated to be housed in the dormitory; neither the Fund nor the use of the building by the Fund would qualify as a “neighborhood facility” within the meaning of the zoning regulations and the other tests in the regulations for a special exception or variance have not been shown to be satisfied in this case; and finally, that the students will not be contributing to the neighborhood as taxpayers or as registered voters.

Commissioner Levine stated that he is in favor of these zoning applications because he believes that the legal standards of the zoning regulations have been satisfied in this case and that part of his conclusion in this regard is based upon the Fund’s proposed eight strict conditions on the students’ use of the dormitory — he said he does not believe there would be sufficient or significant “adverse impacts” or “deleterious external effects” on the surrounding area and neighborhood that would rise to the level of objectionable conditions within the meaning of the applicable zoning regulations.

Chair Gordon asked residents to be clear and specific about what behavior of the students they found objectionable (the Chair indicating that the only specific objection he heard from the audience was that pizza deliveries would be made at 2:00 AM). Since time was short at the meeting to discuss this matter fully, further discussion was deferred until the next Commission meeting, at which time further presentations, comments and discussions will take place, along with a vote of the Commission on the matter.

3. COMMISSION BUSINESS.

a. The Commission’s Quarterly Financial Report was approved by a vote of 5-0 (Commissioner Buchholz had left the meeting after the Shoemaker matter).
b. The Commission’s Annual Report for Fiscal Year 2006 was approved by a vote of 5-0.
c. The Minutes of the September 25 meeting were approved by a vote of 5-0.
d. Checks approved by a vote of 5-0: DCDOES, $55.77 (unemployment tax); U.S. Postmaster, $74 (mailbox rental); Verizon, $61.83 (10/4 bill).
e. Items for the November 13 meeting: Commission vote on the Shoemaker Home matter; briefing on the DC Disability Rights Protection Act; Traffic Calming Petition for Aberfoyle Place; Metrobus Structure at Chevy Chase Circle—Possible Uses; Fall Commission Grant Proposals to be heard.

4. 3700 BLOCK OF JOCELYN STREET. The Commission, by a vote of 5-0, agreed to support a petition submitted by the residents of the 3700 block of Jocelyn Street to DDOT to change the hours of Residential Permit Parking from the current signage requiring residential permit parking from 7 AM to Midnight, Monday-Saturday to new signage calling for restricted parking by permit only from 7 AM to 8: 30 PM, Monday-Friday (this would allow guests of residents with permits or residents without permits to park longer than two hours in front of their homes after 8:30 p.m.).

The next MEETING OF THE COMMISSION is scheduled for November 13, 2006.

The Commission meeting of October 23, 2006 was adjourned at 9:30 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

___________________________ __________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF NOVEMBER 13, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Vice Chair Levine, Presiding.

Commissioners present: Levine, Beach, Fromboluti, Buchholz, Redmond, and Nolan. Absent: Gordon.

An audience of some 100 persons was present.

The AGENDA was agreed to by a vote of 6–0 with a number of items deferred, a slight re-ordering of the items under consideration, and time limits established for the discussion of the zoning application of the Fund for American Studies for a special exception or variance in connection with its proposed acquisition of the Shoemaker Home property (45 minutes to be equally divided between Commissioners, members of the public, including the applicant, members of the public for the proposal, and members of the public opposing the proposal). In addition, Commissioner Beach noted that discussion of Commission business should start no later than 9:20 PM.

1. DISABILITY RIGHTS PROTECTION ACT OF 2006. Mr. Stephen Gorman, Chair of the Mayor’s Committee On Persons with Disabilities, briefly described the purpose of proposed legislation before the DC Council that would establish an ADA Compliance Program to require all DC agencies to appoint an agency ADA Coordinator and would further establish an Office of Disability Rights (with a proposed funding level of $1.7 million) to oversee and coordinate all DC agencies’ ADA programs. At the conclusion of his presentation, Mr. Gorman asked the Commission to endorse this legislation now pending before the DC Council (as other ANCs have done, he said). Commissioner Nolan asked if such an office would be able to provide funds to ANCs to support the cost of compliance with the ADA law by ANCs (such as for the provision of sign language interpreters). Mr. Gorman replied that as yet, no program has been specifically proposed for ANCs. Commissioner Nolan asked if the new Office would remove tasks now assigned to other agencies, or would the responsibilities be duplicative? Again, Mr. Gorman was unsure of the duties of the new office. After discussion, Commissioner Fromboluti moved that the Commission endorse the legislation. Commissioner Nolan commented that we do not have enough information to know what the new program or office will be doing, and said that it would be difficult to know what we are voting for or against. Commissioner Beach requested (and moved) that Commissioner Fromboluti’s motion be tabled as more information is needed by the Commission on this subject before proceeding to vote on the issue. Commissioner Beach’s motion to table failed by a vote of one in favor (Beach), three opposed (Levine, Redmond, and Fromboluti), and two abstaining (Buchholz and Nolan). The Commission then, by a vote of 6-0, agreed to support Commissioner Fromboluti’s motion, as modified to make it clear that the Commission would endorse the proposed legislation in principle at this time, but would provide more specific comments in the future after it receives more information on the proposal..

2. FALL GRANT ORAL PRESENTATIONS. Oral presentations for pending Commission grant applications (fall round) were next made on behalf of the following applicants: Pinehurst Tributary Cruisers, the Woodrow Wilson High School Crew Boosters, the Friends of Lafayette Park, the Alice Deal Junior High School PTA, and the Regency House Residential Council.

A representative of the Pinehurst Tributary Cruisers requested the sum of $150.00 to be used for the purchase of materials to educate citizens about the issues in the Pinehurst watershed and to explain what citizens could do to help, and to pay for specific items such as trash bags, tools, and work gloves for the removal of invasive plant materials. Wilson High School Crew Boosters requested a grant of $1,750.00 for the purchase of rowing equipment for the team. A representative of the Friends of Lafayette Park (who spoke later in the meeting) requested a grant of $2,000.00 to purchase a large weather-resistant picnic table. An Alice Deal PTA representative requested the sum of $1,000.00 to purchase books for the school library, which had suffered damage to both the structure as well as the book collection due to flooding this past summer. The president of the Regency House Residential Council provided a brief update on certain improvements that had been made to the facility, including structural changes to the building, and described revised age criteria for residents, all with the aim of making the building more secure and improving the quality of life of residents. She requested a grant of $1,000.00 to purchase chairs, tables, and a sound system for the community room.

All grant applicants were reminded that the proceeds of any grant once disbursed by the Commission must be used by the grantee and accounted for with receipts submitted within 60 days of the grant disbursal date. Vice Chair Levine noted that due to the constraints of the Commission’s budget for grants, there could be no assurance that all grant applications would be funded at the levels requested. The Commission announced that it will vote on these grant requests at its December 11 meeting.

3. SHOEMAKER HOME APPLICATION. The Commission next continued its consideration of the application of the Shoemaker Home by the Fund for American Studies: BZA Application #17542 for a special exception to 11 DCMR 3104.1 for a change of nonconforming use under subsection 2003.1, or in the alternative pursuant to 11 DCMR 3103.2, a variance from the use provisions to allow a dormitory for student housing under subsection 201.1, in the R-1-A District at premises located at 2701 Military Road, NW (Square 2305, Lot 83). At the request of Commissioner Beach, Vice Chair Levine announced that time allotted for this item would be divided equally (approximately 15-20 minutes each) among (i) the applicants for the zoning relief and those in attendance who favor the application; (ii) those residents and neighbors in attendance at the meeting who oppose the zoning application by the Fund; and (iii) the Commissioners. The Commission is required to present its views in this matter at least seven days before the scheduled December 12th BZA hearing on this case.

Mr. Roger Ream, President of the Fund, once again described the Fund’s proposal for the use of the existing buildings and grounds on the site. He stated that students housed in the facility were outstanding young people, that they would number 37 in the near term, but that the number could increase to a maximum of some 50-60 in the future. He said that the Fund had no plans to physically expand the facility at this time, and re-iterated that strict standards and requirements would be imposed on the students and their occupancy at the facility, including a ban on parties, noise, overnight guests and other activities that could disturb neighbors. He also reiterated that except perhaps for handicapped students, other students would not be permitted to have cars at the site. Commissioner Levine inquired about the experience of the Fund with regard to the similar facility that it operates on Capitol Hill, and Mr. Ream responded that to his knowledge, there was only one problem with the students that has occurred, and that he knows of no complaints by neighbors.

Following Mr. Ream’s presentation, two members of the community spoke in favor of the Fund’s application; one stating that he was an alumni of the program and believed that the students would be very good neighbors to the community, and a second citizen saying that he thought the students would turn out to be of benefit the neighborhood. Vice Chair Levine noted that the zoning application should be analyzed as to its basis in the regulations and consideration of the merits regarding possible impacts on the neighborhood, not as to speculation about the type of students who would occupy the facility. Vice Chair Levine reminded the audience that the Commission’s views in this matter, while entitled to “great weight” at the BZA, were nevertheless still advisory recommendations and that interested citizens should present their views and comments directly to the BZA in time for the December hearing.

Several citizens then spoke against the application. Among the arguments made were: that the applicant had not met the tests for either a special exception or a variance; that noise would inevitably accompany the use of the building as a dormitory; that the driveway in the back of the property proposed to be used for deliveries is so narrow that in practice deliveries would need to be made at the front of the Home, which would be disruptive to the neighbors; and that there is no assurance or enforcement method to address inevitable problems that could arise with so many students using the property for housing.

Commissioners then stated their positions on the application. Commissioner Nolan summarized a proposed draft letter to the BZA opposing the application. The key points she made were that the sale of the property was not advertised and that other potential purchasers expressed interest in buying the site and using it in the same manner as currently, that is, for elder care; some of the other potential purchasers would use the building for the purpose it was constructed under the direction of the will of Anna Shoemaker, without the need for a zoning relief; there is no hardship to the Home to find a buyer other than the Fund; the students would impact public transportation which is already reporting overcrowding conditions (such as waiting passengers being passed by buses that are full); there is no direct route on public transportation from the Home to the Georgetown University campus and thus students will be tempted to get their own cars to drive to school impacting on the few spaces used by the neighbors; although the Petitioner stated that all cars would be parked in property spaces, there is an insufficient number of parking spaces on the site for the number of students anticipated to be housed in the dormitory; neither the Fund nor the use of the building by the Fund would qualify as a “neighborhood facility” within the meaning of the zoning regulations, the other tests in the regulations for a special exception or variance have not been shown to be satisfied in this case; and finally, that the students will not be contributing to the neighborhood as taxpayers or as registered voters, but will be benefiting from the public taxes paid by others and will be straining those resources (trash removal, police protection, water and other utilities, etc).

Vice Chair Levine next summarized his position and that of Chair Gordon, who was unable to attend the meeting, but who provided Vice Chair Levine with his proxy on the matter. Vice Chair Levine said that while he understood and appreciated the strong views of the residents attending the meeting in opposition to the application, nevertheless both he and Chair Gordon felt that there was no reason to presume that the students occupying the facility would be disruptive to the neighborhood. He said that he and Chair Gordon had prepared a statement of their views on the case which he passed out to the audience and other Commissioners. He described the case as a difficult and “close call” for him, but that on balance, he is choosing to be optimistic that the students will abide by the strict rules for living at the site that the Fund has established. He said that the Fund had a right to buy the property for the use of the students in its program, that it seemed to him to have done its best to establish severe rules for the student housing, and that the students would bring vibrancy and diversity to the neighborhood. The memo he and Chair Gordon wrote of their views also stated that they think the Fund has established a reasonable basis for the granting of the zoning relief requested in this case.

Commissioner Fromboluti said that he was opposed to the application on both legal grounds as well as in light of the overwhelmingly opposition by neighbors to the proposal. He stated that it is the duty of an elected Commissioner to represent the view of the community. Commissioner Redmond said that she knew that students would likely behave like students typically do and be disruptive at times to the neighbors, especially making noise.

After further comments from Commissioners, the Commission, by a vote of five (Commissioners Nolan, Buchholz, Fromboluti, Redmond and Beach) to two (Levine and Gordon, by proxy) agreed to a motion by Commissioner Nolan to advise the BZA that the Commission does not support the Fund’s zoning application and to send a letter to the BZA (prepared by Commissioner Nolan, which would become the Majority Report of the Commission in this matter) reflecting this view. Commissioners then discussed who should sign the letter, and Commissioner Buchholz suggested that the Commission check with the BZA on this issue (which the staff will do). Vice Chair Levine asked that the statement of his and Chair Gordon’s views in this matter be also simultaneously submitted to the BZA as the Minority Report of the Commission (to be submitted on Commission letterhead under Section 3b of the Commission’s By-Laws).

4. PUBLIC SPACE PERMIT FOR THE CHEVY CHASE COMMUNTIY CENTER. The Commission, by a vote of 6-0, agreed to offer “no objection” to the use of public space (request from Public Space at DDOT) at the Chevy Chase Community Center for issuance of permits for long-awaited external repairs and improvements, including work to correct drainage problems, new walks and benches, lighting, landscaping and new playground equipment. The Commission further agreed to attach to its letter a copy of an earlier e-mail from Vice Chair Levine certifying to the DPR contractor working on the project that the Commission long ago approved the general plans and objectives of this work and that the continual delays in getting it started and completed were frustrating, costly, and unacceptable to the Commission and neighborhood.

5. MILITARY ROAD TRAFFIC PATTERNS. Although the Commission had hoped to continue its discussion of DDOT’s study of the Military Road traffic patterns, the appropriate officials from DDOT were not available at this meeting to address the many questions that have been raised on the matter by the Commission and citizens regarding measures to control speed of traffic, usage of lanes, parking, and access to and from residential side streets. Further discussion of the matter was therefore postponed until the next Commission meeting (to which DDOT officials will be invited). At that time, the timing of the traffic light located at WESTERN AVENUE AND OLIVER STREET will also be considered.

6. PARKING PROBLEMS AT THE CHEVY CHASE COMMUNITY CENTER. Several residents have reported that there are currently parking problems behind the Chevy Chase Community Center. These include vehicles parking in the fire lane as well as the possibility that commuter parking for long periods of time, such as all day, are taking up spaces intended for residents wishing to use the Library or attend Community Center programs and events. There was discussion of asking MPD to ticket cars parked in the fire lane. Commissioner Nolan suggested that the public be given notice at the Center and through the Listserv that tickets will be written, as this practice has become accepted behavior without ticketing for a long time. The Commission will invite officers from Second District police to discuss possible remedies at its December 11 meeting.

7. METROBUS STRUCTURE AT CHEVY CHASE CIRCLE. This item was postponed until a future meeting.

8. COMMISSION BUSINESS.

f. The Minutes of the October 23 meeting were approved by a vote of 5-0-1 (Redmond abstaining as she was not present).
g. Checks were approved by a vote of 6-0: Verizon, $65.72 (November bill); Office Depot, $57.90 (office supplies); and Chevy Chase Bank, $127.64 (federal withholding October).
h. Items for the December 11 meeting include: Commission vote on grants; Military Road traffic patterns with DDOT officials; parking at the Chevy Chase Community Center; a neighbor who wants to discuss traffic congestion in the 3800 block of Livingston Street; authorization for the Treasurer to pay bills for the balance of 2006 as follows: Verizon, federal withholding, DC withholding, and Office Depot; authorization for the secretary/treasurer to begin preparation for the bonding of the Chair and Treasurer for 2007.

The next MEETING OF THE COMMISSION is scheduled for December 11, 2006.

The Commission meeting of November 13, 2006 was adjourned at 9:30 PM.

RESPECTFULLY SUBMITTED:

VICE CHAIR: SECRETARY:

___________________________ __________________________
Jerry Levine Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF DECEMBER 11, 2006 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.

Commissioners present: Gordon, Levine, Beach, Fromboluti, Buchholz, Redmond, and Nolan.

Chair Robert Gordon, Presiding

An audience of some 30 persons was present.

The AGENDA was first agreed to by a vote of 7–0, with the addition of the following items: new traffic light to be installed at Morrison Street and Connecticut Avenue; traffic calming for 27th Street; timing of traffic lights at Nebraska and Connecticut Avenues; one-way street signage and pavement markings at Broad Branch Road and 33rd Street; and repaving of both sides of the road in the 3800-3990 blocks of McKinley Street. Chair Gordon asked that public discussion of ordinary business end at 9:10 PM to be followed by Commission business, with the final 15 minutes of the meeting to be devoted to remarks by departing Commissioners Buchholz, Redmond, and Gordon.

8. FALL GRANTS. Oral presentations for pending Commission grant applications (fall round) were previously heard at the November 13 Commission meeting on behalf of five prospective grantees: the Pinehurst Tributary Cruisers, the Woodward Wilson Crew Boosters, the Friends of Lafayette Park, the Alice Deal Junior High School PTA, and the Regency House Residential Council. By votes of 7-0 each, the Commission approved the following grants:
a. Pinehurst Tributary Cruisers — $150.00 for the purchase of materials to educate citizens about the issues in the Pinehurst watershed, including what they can do to help, as well as for specific items to be purchased, such as trash bags, tools, and work gloves for the removal of invasive plant materials.
b. The Wilson High School Crew Boosters — $1,000.00 for the purchase of rowing equipment for the team.
c. The Friends of Lafayette Park — $1,000 towards the purchase a large weather-resistant picnic table.
d. The Alice Deal PTA — $1,000.00 for the purchase of books for the library, which had suffered damage to both the structure as well as the book collection from flooding this past summer.
e. The Regency House Residential Council — $750.00 towards the purchase of chairs, tables, and a sound system for the community room.

Chair Gordon noted that the $3900.00 total for this round of grants is within the Commission’s overall annual budget and that as a result of lower than usual operating costs (compared to other ANCs in the City), this Commission has been one of the most generous ANCs in making grants to local community organizations. Commissioner Levine requested that the spring 2007 grant funding round be widely advertised well in advance so as to enable some new community organizations that had not previously applied for grants to apply for funds.

9. MILITARY ROAD TRAFFIC PATTERNS. Mr. Patrick Ogbeide, the Ward 4 traffic planner and coordinator for DDOT, next appeared at the meeting to present DDOT’s revised plans to modify traffic patterns on Military Road after some months of an experimental configuration. DDOT (and the Commission) have found the recent traffic lane reconfiguration experiment (three lanes of through traffic with one lane in either direction and one middle turning lane) to be unsatisfactory –due to traffic backups, especially during rush hours. Under DDOT’s new proposal for the 2700-3200 blocks of Military Road, during off-peak (non rush) hours, there would be one lane of traffic in each direction and parking would be permitted on both the north and south sides of the Road; during the morning rush hours (7:00-9:30 AM), there would be no parking on the north side of the Road, one lane of traffic going eastbound and two lanes of traffic westbound, and one parking lane on the south side. For the evening rush hours (4:00-6:30 PM), under the new DDOT plan, there would be no parking on the south side of the Road, two lanes of traffic going eastbound, one lane of traffic west bound and one parking lane on the north side of the Road. Therefore, under this new DDOT plan, there would always be parking allowed on at least one side of the Road even during either of the two rush hour periods. A notice of intent has been issued to the Commission and to the City Council for this new DDOT plan, with a comment period of thirty days from the date of publication of the notice in the DC Register.

A discussion of the new plan followed. During the discussion, the Commissioners noted that they were on record as having expressed their concern to DDOT that, in their view, there is no reason to change past practice as to parking on the north side of Military Road. Since parking has never been allowed on the north side, Commissioners have opposed this aspect of the modified DDOT plan and feel that parking should be limited, when it is allowed, to the south side of the Road only. Other comments from the public focused on the issue of speeding on the Road. The DDOT official at the meeting said that DDOT is planning on installing one “speed detector” (not a “speed camera”) somewhere on the Road between Oregon Avenue and 32nd Street that would be an electronic sign that posts the speed at which motorists are traveling. Commissioner Nolan commented that she has been requesting consideration by DDOT and the Metropolitan Police Department of installation of a speed camera in the area, and that the speed detector would only be an interim measure until the location for a speed camera can be determined. After further discussion, the Commission, by a vote of 7-0, agreed to send a comment letter to DDOT regarding the proposed new traffic plan modifications for Military Road that would: (i) request continuation of no parking at all times on the north side of Military Road; and (ii) request installation of a speed camera on a location to be determined on Military Road to replace a temporary planned speed detector. Chair Gordon asked that interested community residents send their comments on the revised traffic plan to the Commission’s office by phone (202-363-5803) or by e-mail to uppernwdc@juno.com.

10. PENDING NEW TRAFFIC LIGHT AT MORRISON STREET AND CONNECTICUT AVENUE. Commissioner Buchholz, having reviewed all of the Commission’s files for the last several years on the subject, raised for discussion once again the issue of the new traffic light being planned for the intersection of Connecticut Avenue and Morrison Street. In response to the Commission’s long time concern for safety at the intersection and following literally years of study and discussion of the issue among the Commission, neighbors and DDOT officials, DDOT has decided to install a “pedestrian-activated” traffic light (similar to one in use on Arlington Boulevard in Bethesda) at this intersection. This type of light would either be “flashing yellow” or “all red” on Connecticut Avenue and either “flashing red” or “all red” on Morrison Street (on both the east and west sides of Connecticut Avenue). The new light would not be a normal green-yellow-red cycle light and further, would never have any all-green cycle for vehicles on Morrison Street. The light would work as follows: When a pedestrian approaches the intersection and wishes to cross Connecticut Avenue, he or she would press the pedestrian crossing button and the new traffic signal would change from its two flashing cycles (flashing yellow on Connecticut and flashing red on Morrison) to all red on both streets. The light would be timed to be synchronized with the other two lights on Connecticut Avenue at McKinley Street and Livingston Street, so that those lights would also be red. The only movement across the street at this intersection at this point would be by pedestrians.

Commissioner Buchholz stated that in his view, not only would this be a very confusing type of light for both motorists and pedestrians alike, but also that this type of light is not what the Commission had sought and requested for this intersection over three years ago. He supported the latter point with a statement from the record that detailed the Commission’s agreed-upon position concerning this traffic signal dating from 2003. He said, in part, that in a letter dated June 24, 2003, the Commission strongly recommended “that DDOT study the feasibility of installing traffic lights..” at this intersection (and Northampton Street as well) and that as the Commissioner who drafted that 2003 letter for the Commission, he clearly meant a normal three-light traffic signal where red means “stop” and green means “go”. He said the Commission intended that the light allow traffic to flow in an alternating pattern, with pedestrians being able to cross the street at intervals — as is the case with 99 percent of the traffic lights in the District. Vehicular and pedestrian safety, he noted, had always been the chief concern of the Commission. He said that DDOT’s proposed “flashing red changing to full red” lights on Morrison Street will place motorists in a confusing and potentially dangerous dilemma because they will never have a green light that would enable them to proceed safely through the intersection or to turn to proceed either north or southward on Connecticut Avenue and would only be able to proceed through the flashing light when it is safe to do so (similar to a stop sign). But, he said, the dilemma is that it would never be safe to do so because east bound drivers on Morrison Street do not have a clear view of south bound traffic on Connecticut Avenue (and vice versa going in the west bound direction) (as Commissioner Fromboluti said at an earlier meeting, after the lights return to their flashing modes, vehicles will be able to proceed on Connecticut Avenue in both directions) —the lack of visibility from Morrison Street to Connecticut Avenue traffic was one reason, Commissioner Buchholz said, that he and the Commission had originally recommended in its June 24, 2003 letter that DDOT conduct a traffic study for the intersection. He concluded that DDOT should ensure that whatever kind of traffic light and traffic plan it develops for the intersection, it must address the needs of both motorists and pedestrians alike and bring greater safety for everyone. Commissioner Levine thanked Commissioner Buchholz for all of his work in researching the history of this issue and said that he strongly concurs with Commissioner Buchholz’s views concerning the kind of stoplight that was originally approved by the Commission and the need for a normal three cycle light at this intersection; Commissioner Levine further urged DDOT to proceed with its planned six month test period for the pedestrian-activated light but that if the experimental pedestrian-activated light results in additional accidents, near accidents or other safety concerns at this intersection, that DDOT then quickly convert the light to a regular three-cycle signal light at the end of the six month test period. Commissioner Nolan said that in her opinion, this new kind of pedestrian-activated light stands the best chance of improving safety at the intersection and that it satisfies both the need for safety of pedestrians as well as the strong concerns of Morrison Street neighbors about traffic on their street.

11. TRAFFIC CALMING STUDY FOR 27TH STREET. Residents of 27th Street have brought the issue of excessive speeding of vehicles down the 27th Street hill towards Broad Branch Road to the Commission’s attention. Moreover, they further report that vehicles proceeding up the 27th Street hill towards Military Road often drive in the middle of the road. DDOT had installed a temporary speed bump towards the top of the hill to slow traffic down, but that temporary speed hump was removed earlier this month because it proved to further increase speeding down the hill. To deter drivers from driving down the middle of the road, DDOT has repainted the center line and will paint lines down both sides of the road. The Commission requested that DDOT cut back overhanging trees along the National Park side of the road so that trucks do not drive down the center of the road trying to avoid hitting the trees. DDOT is also considering installing rumble strips on the street but has written to other cold weather states in order to determine whether or not such strips cause significant safety problems as a result of icy build-ups on the strips from freezing rain and other wet and icy conditions. A resident of 27th Street who attended the meeting strongly requested that a lower speed limit be established for the road. Commissioners informed the resident and her neighbors that in order to request that a traffic calming study be undertaken for the road, residents need to prepare and circulate for signatures a petition to DDOT for a traffic study and submit the petition to the Commission for review and comment before it is sent in to DDOT.

12. CONNECTICUT AVENUE/NEBRASKA AVENUE TRAFFIC LIGHT TIMING. Commissioner Fromboluti thanked DDOT for its recent change to the traffic light at the intersection of Connecticut Avenue and Nebraska Avenue so that traffic on Nebraska Avenue can now make left turns sequentially in both directions (with its own cycle and without traffic coming in the opposite direction), thereby reducing the potential for accidents — a major problem in the past at that intersection. Commissioner Fromboluti also noted, however, that the new timing of the traffic light is causing traffic to build up on Nebraska Avenue, especially during peak rush hours, which in turn results in traffic being diverted onto small neighborhood streets. He asked DDOT to review the timing of the new light configuration to see if some adjustments are needed. He and Commissioner Levine also asked about the detour configuration off of Connecticut Avenue for traffic traveling west bound on Nebraska Avenue and wishing to turn left, south bound onto Reno Road, while the northern part of Reno Road is under reconstruction and barred to southbound traffic. Currently the detour signage on Connecticut Avenue instructs vehicles going south to make a right hand turn onto Nebraska Avenue and then continue west bound on Nebraska — but then there is a “no left turn” sign at Reno Road that prohibits left turns from Nebraska onto Reno Road. Thus traffic must continue several blocks up Nebraska Avenue until it is able to make a legal left turn and wind back through neighborhood streets to south bound Reno Road. As a result of the confusing detour route, many motorists are apparently making illegal left turns at the Nebraska Avenue and Reno Road intersection in order to proceed south on Reno Road. Commissioner Fromboluti asked DDOT to come up with a solution to the problem and to post signage for a better detour route on Connecticut Avenue. He also urged DDOT to finish the construction work on the one block that was started first on Reno Road between Nebraska Avenue and Fessenden Street, so that vehicles could proceed south on Reno Road without having to make a turn from Nebraska Avenue – finishing this one block will resolve the illegal turn problem on Nebraska Avenue.

13. BROAD BRANCH ROAD/33RD STREET SIGNAGE. Commissioner Nolan reported that DDOT has completed its design plan for signs and street markings making it clear to motorists that Broad Branch Road/33rd Street is one-way north bound when vehicles turn right from Military Road (that is, vehicles may not travel south on that block of Broad Branch Road/33rd Street towards Military Road). Motorists have been using the road to access Military Road, which is prohibited, thereby creating hazards. Weather permitting, DDOT stated that this work would be completed this week.

14. REPAVING OF 3800 AND 3900 BLOCKS OF MCKINLEY STREET. A resident of the 3900 block of McKinley Street asked the Commission to support residents in their efforts to have both sides of the Street repaved following WASA’s recent installation of new water pipes. Current plans by WASA appear to be to repave only the side of the road that has been dug up for the pipe work, not both sides. The neighbor said that since McKinley Street is a bus route and also a heavily traveled “collector” road, it is very important that the pavement be flat and paved so as to prevent the vibrations that an uneven road surface can cause that might damage vehicles as well as houses on the road. By a vote of 6-0-1 (Commissioner Beach abstaining), the Commissioners agreed to send a letter to DDOT and WASA supporting this request for two side of the street repaving on these blocks following completion of the WASA work.

15. PARKING PROBLEMS AT THE CHEVY CHASE COMMUNITY CENTER. Several residents have reported parking problems at the Chevy Chase Community Center, including unauthorized parking in the fire lane and possible abuse by commuters or others who park for long periods of time in the spaces behind the Center and Library but who do not actually use those facilities. These parkers take up spaces that are needed for legitimate visitors and staff. Ms. Megan Abadie, the Center’s Director, attended the meeting and reported to the Commission that while there are some parking problems, there is a strong need to be careful about making any changes that could end up curtailing availability of parking spaces which could discourage patrons of the Center and Library from attending activities and using those facilities. She also pointed out that any new parking limitations will be very difficult to enforce. Commissioner Nolan pointed out that many of the Center’s staff drive cars without DC licenses, and would be adversely affected by any plan that results in tickets to out of DC license plate vehicles. Commissioner Levine asked about adopting some kind of a permit system. Since the Center and Library are within his Single Member District, Commissioner Levine stated that he would meet with Ms. Abadie and others interested in the subject to try and come up with a reasonable solution to the problem that would satisfy most concerns.

16. CONGESTION IN THE 3800 BLOCK OF LIVINGSTON STREET. Mr. George Greenberg, a resident of the area but not living on that block, made a short presentation concerning the ongoing problem of heavy traffic congestion in the 3800 block of Livingston Street (as a result of people going to the Starbucks, stores on the block, etc.). He said he had spoken to several residents of the block about the possibility of establishing a one-way traffic pattern in that block, in the eastward direction. A number of residents have signed a petition indicating that they would be interested in such a change if it were to be accompanied by the installation of speed bumps or similar traffic calming measures for the block. The Commission took the matter under consideration but indicated to Mr. Greenberg that in order to request DDOT to perform a traffic calming study for the block, a full petition signed by more residents would be necessary.

17. COMMISSION BUSINESS.

i. The Minutes of the November 13 meeting were approved by a vote of 6-0-1 (Gordon abstaining, as he was not present).
j. The following checks were approved by a vote of 7-0: $381.00 to Travelers (workers Comp); $11.47 to DC DOES; $56.00 to Cindy Wood and $75.00 to Kari Bahl (sign language interpreters); $118.44 to Chevy Chase Bank (Nov. federal w/holding); $66.46 to Office Depot (office supplies).
k. Items for the January 8, 2007 Meeting: Election of officers; reconfirmation of ANC By-Laws.
l. By a vote of 7-0, the Commission: authorized the Treasurer to pay bills for the balance of the year 2006, as follows: Verizon, Federal withholding, DC tax withholding, DC DOES, Xerox (new copier drum, $349.00); authorized the Secretary/Treasurer to begin preparation of the bonding of the Chair and Treasurer for 2007; and authorized the Secretary/ Treasurer to begin the process for a change of signatures on ANC bank accounts; and authorized the drafting of the By-Laws for amendment and/or reconfirmation for 2007.
m. Potential Dates for ANC 3/4G Meetings in 2007 (to be voted on at the January 8 meeting), as follows: January 8,22; February 12, 26; March 12, 26; April 9,16; May 14 (28th is Memorial Day); June 11, 25; July 9, 23; August 13, 27 (there may not be any meetings in August); September 10, 24; October 22 (October 8 is Columbus Day); November 12, 26; December 10.

11. Commissioners Redmond, Buchholz, and Chair Gordon each made remarks concerning their tenures as members of the Commission and were each presented with plaques commending them for their many years of fine service to the Commission and neighborhood.

The next MEETING OF THE COMMISSION is scheduled for January 8, 2007.

The Commission meeting of December 11, 2006 was adjourned at 9:30 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

___________________________ __________________________
Robert Gordon Allen Beach