2007

MINUTES OF PUBLIC MEETING
JANUARY 8, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G

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

1. Call to Order and Quorum

The meeting was called to order by the 2006 Vice Chair Levine, who presided. Seven Commissioners were present: Levine, Beach, Fromboluti, Nolan, McCarthy, Seitz, and Thompson. A quorum was declared. New Commission members include Carol Seitz (Single Member District 01, replacing Deborah Redman), Gary Thompson (Single Member District 02, replacing Frank Buchholz), and Jim McCarthy (Single Member District 06, replacing Robert Gordon). The new members were welcomed.

2. Attendees

Approximately 25 persons were present. Ms. Abby Frankson from the Office of Mayor Fenty introduced herself and indicated she would be attending ANC 3/4G meetings.

3. Agenda

Commissioner Levine presented the meeting agenda and moved its adoption. The Agenda was approved by a vote of 7–0.

4. Announcements

Commissioner Levine suggested that a new procedure would be followed whereby each Commissioner could make announcements at the outset of a meeting instead of at the end, so as to best reach all those in attendance at the beginning of the meeting. He then called for any announcements. Commissioner Nolan announced the date and time for monthly CAC meetings as the fourth Wednesday of each month at 7:00pm at the Second District MPD Station at Idaho Ave.; all are welcome to join the meeting with the Commander. Commissioners Seitz, McCarthy, and Thompson announced their excitement at joining the ANC. Commissioner Fromboluti thanked those who voted for him given that he was the only Commissioner in a contested race for office.

5. Election of 2007 Officers

Commissioner Beach nominated a slate of the following Commissioners for 2007 officers: Jerry Levine for Chair; Cris Fromboluti for Vice Chair; Jim McCarthy for Treasurer; and Allen Beach for Secretary. The motion was agreed to by a vote of 6-0-1 (Commissioner Nolan abstaining).

6. Adoption of ANC 3/4G By-Laws

Chair Levine noted that certain changes to the ANC 3/4G By-Laws were in order. Commissioner Nolan explained and moved three amendments: (1) to change the description of the boundaries of ANC 3/4G to include the more understandable “Broad Branch Road which becomes Nevada Avenue to Nebraska Ave”; (2) a change to Article II to update this section on the duties and responsibilities of the Commission with reference to current D.C. Code sections; and (3) to specify that the Commission’s election of officers should take place at the “first” public meeting in January rather than the previous specification that elections “take place in January.” Each of these changes was agreed to and the By-Laws, as amended, were approved by a vote of 7-0.

7. Discussion Of Options For Public Hearings On Historic Designation

The Commissioners then discussed various procedural options for future public hearings on the potential Historical Designation of certain parts of Chevy Chase DC.

Chair Levine stated that the purpose of putting this item on the agenda was to discuss the timetable and the processes for holding hearings on the proposal to create a historic area in Chevy Chase, DC. Chair Levine and other Commissioners noted the importance of getting the process right so that full and civil public input, for or against, can be heard and considered.

Commissioner Fromboluti noted that in order for the Commission to have hearings on the subject, they need to learn the precise boundaries for the proposed district, which have not yet been determined. The area of the study conducted by Historic Chevy Chase DC (“HCCDC”) will not be necessarily the precise boundaries for the application, so a draft of the application first must be finalized and shared before it can be known exactly which citizens will be affected directly and thus with the most interest.

Jenny Chesky, President of HCCDC, provided an update on the process. She explained a possible timetable for the completion of HCCDC’s work surveying the potential boundaries of the historic district. She indicated that neighborhood outreach would be completed by about March 15 and that by about May 2007 a draft application for a historic district would be ready for ANC review. Then HCCDC desires the input and approval of the ANC before the draft application is finalized and actually submitted to the D.C. Historic Preservation Commission. HCCDC has materials available regarding the proposed designation. Chair Levine asked for a commitment by HCCDC to provide a copy of the draft application before it is submitted to the D.C. Historic Preservation Commission. Ms. Chesky agreed.

The Commissioners agreed that at least two meetings will be necessary to allow for full community input. The idea was discussed of one meeting being informational and a second meeting being for public comment. It was agreed that the public would want to comment in the first meeting, and that both meetings would be a combination of information and comment, with the emphasis on comment. The first meeting will begin with information from HCCDC as the proponent of the application, and other experts as determined, with an opportunity for questions and answers, followed by testimonies by individuals and groups for or against the proposal. The second meeting may provide further information, but will focus primarily on further testimonials.

Mr. Edward Hayes, President of the Chevy Chase Citizens Association (“CCCA”) expressed the desire of the CCCA to participate with the ANC in this process. The Commissioners agreed that the ANC hearings could be co-sponsored by the CCCA, with the caveat (as Commissioner Beach noted) that only Commissioners would vote on the matter of the ANC’s position.

Commissioner Thompson noted that part of the area likely to be proposed as historic includes at least one neighboring SMD within ANC 3E. He noted that the D.C. Code permits ANCs to hold joint formal or informal hearings, and that ANC 3E could chose to participate in our hearings by, for example, appointing the ANC 3E Commissioner whose SMD is affected to join formally or informally in the ANC 3/4G hearings. This would achieve efficiency for all involved, ensure consistency of results, and also allow the relatively fewer affected citizens on the ANC 3E side to enjoy a more fulsome hearing process. Commissioner Beach stated that ANC 3E would still need to cast their own vote separate from ANC 3/4G. Commissioner Levine agreed to contact the Chair of ANC 3E and explore the extent to which they would like to participate in the ANC 3/4G hearings on this issue.

Based on the above, a motion was made to hold two hearings, as described above, to co-sponsor such hearings with the CCCA, and to invite ANC 3E to join in the hearing process. The motion was agreed by a vote of 7-0.

Since it is not clear at this time when the draft application will be ready for review, the ANC has not scheduled the first hearing for a particular meeting. May 14 might be the first hearing date.

It is also presumed that following any ANC input, and after the draft application is actually received by the D.C. Historic Preservation Commission, that D.C. will formally notify ANC 3/4G and that ANC 3/4G will be provided the formal opportunity to present its views in writing and be a party to the formal proceedings. Thus, the ANC expects to have two opportunities to weigh in on the application.

8. Other Matters

a. Members of the public spoke for at least 15 minutes on the matters above or the various matters noted below.

b. Commissioner Beach stated that the notice of comment period on the changes that DDOT proposed for Military Road had not been published in the DC Register as of December 22, 2006. The Commission had sent a letter to DDOT in December regarding its recommendations.

c. An attendee inquired about the schedule for Broad Branch Market. Commissioner Levine noted that there were two permits still needed for construction to begin on the Broad Branch Market, and that he has been pushing the situation along with D.C. and the property owner. Other Commissioners noted their strong support for moving the schedule along. Abby Frankson of the Mayor’s office promised to look into the situation and help move it along.

d. Chair Levine noted the terrible pothole/large bump that had formed on the 3600 block of Patterson Street between Chevy Chase Parkway and Nevada Avenue. Commissioner Nolan and others noted that they had immediately brought the situation to the attention of D.C., by calling 727-1000. The large bump was caused by WASA filling in but not leveling off the pavement after completing water pipe work under the street. Chair Levine noted that he had been in communication with WASA regarding the issue. The situation must be remedied without delay.

e. Commissioner Nolan stated that the pedestrian-activated traffic light at Morrison Street and Connecticut Avenue will be installed in the next few weeks. Two attendees presented their views as to the merits of the light, having recently moved into the neighborhood. One read from prior meeting minutes noting the differences of views across many discussions in prior meetings. He asked that his written comments be attached to the minutes, which are attached hereto. Chair Levine and Vice Chair Fromboluti thanked the attendees for their comments, and noted that the matter had been long discussed, a decision reached, a pedestrian-activated light would soon be installed, and that the advisable course of action at this point is to wait and see how the light operates and how people react to it.

f. Other attendees spoke, including two persons exploring candidacy for the open Ward 4 seat.

9. Commission Business

a. The Minutes of the December 11, 2006 meeting were approved by a vote of 6-0-1 (Chair Levine moving) (Commissioner Seitz abstaining as she was not present). Commissioner Nolan noted that the tape-recording of the meeting reflected the actual words spoken at the meeting, while meeting minutes are a summary.

b. Checks were approved by a vote of 7-0: $131.24 Chevy Chase Bank (federal w/h December); $60.15 DOES (October-December); $225.00 DC Treasurer (DC tax w/h 2006).

c. ANC Security Fund Resolution and payment of $25 was approved by vote of 7-0. This is to allow the Chair and Treasurer to be bonded, as provided by D.C. law.

d. Expenditures for ANC business cards for the new Commission members were approved by a vote of 7-0.

e. Meeting Dates for ANC 3/4G Meetings in 2007 were agreed by vote of 7-0: January 8, 22; February 12, 26; March 12, 26; April 9,16; May 14; June 11, 25; July 9, 23; September 10, 24; October 22; November 12, 26; December 10. As is the practice of the Commission, no meetings will be held in August unless a matter needs urgent consideration.

10. Adjournment & Next Meeting

Chair Levine moving, the meeting was adjourned at 8:50 PM. The next meeting of the commission is scheduled for January 22, 2007.

Respectfully Submitted,
Chair: Secretary:
___________________________ __________________________
Jerry Levine Allen Beach

MINUTES OF PUBLIC MEETING
JANUARY 23, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order by Chair Levine, who presided. Commissioners present: Levine, Beach, Fromboluti, Nolan, McCarthy, Seitz, and Thompson. Chair Levine advised that due to the lack of time to provide sufficient notice of this meeting, all actions and votes are subject to reconfirmation at the next meeting, February 12, 2007. The scheduled meeting for Monday, January 22, 2007 was cancelled due to a heating problem (no heat) at the Community Center.

2. Attendees. Approximately 10 persons were present.

3. Agenda. The agenda was adopted by vote of 7 – 0 (motion by Chair Levine).

4. Announcements. Commissioner Thompson announced that the long awaited reconstruction of Nebraska Avenue (from Utah to Oregon Aves.) would begin by May 2007, according to Mr. Muhammed Khalid of DDOT. Commissioner Nolan announced the CAC monthly meeting at the Second District MPD on January 24, at 7pm, at which Chief Lanier will be present. She also reviewed a hazardous materials (“Hazmat”) event that took place on Nevada Avenue near Nebraska Avenue about 4:20 P.M. A refrigerator exploded releasing chemicals into the environment. Neither EMA nor DC Fire Dept. notified the community in accordance with Hazmat protocol. Commissioner Nolan will follow up.

5. Speed Limit Project. Eve DeCoursey made a presentation of a proposed program for the community by Neighborhood Pace Car Project. They plan to roll out this project in Chevy Chase, then all of DC. The goal is to get people to drive within the speed limit. Individuals would place a “Pace Car” sticker on their vehicle and drive at no more than the posted speed limit, and also sign a pledge to drive within the speed limit. Commissioners expressed interest in the program and support for the concept.

6. Taxation Without Representation. Commissioner Thompson presented three resolutions; upon his motion, each was approved by vote of 7 – 0. First, the Commission passed a “Resolution Supporting Passage of H.R. 328,” which if passed by Congress will provide for a DC representative in the United Stated House of Representatives. Second, the Commission passed a “Resolution in Support of the People’s March for Full Voting Representation in Congress.” Mayor Fenty will lead a march from the District Building to Congress, scheduled for either February 15 or April 16, 2007. The ANC will participate and invites others to do so to the extent possible. Third, the Commission passed a “Resolution Supporting Full Voting Representation for the Citizens of the District of Columbia, and Protest Against the Current Indignity of Taxation Without Representation.” The Resolution calls for full voting representation in Congress, including in the House and Senate, and that until such is achieved, there can be no just federal taxation of DC citizens. Minor language changes were made to the Resolutions at the request of Commissioners. Copies of the Resolutions are attached below. The Commission appointed Commissioner Thompson to act as ANC 3/4G’s spokesperson for these three resolutions, including coordination with other ANCs.

7. BZA Application for 3605 Livingston St. N.W. Chair Levine stepped down from the chair and Vice Chair Fromboluti chaired the discussion of BZA Application 17605 for a Special Exception under Section 223 and 405.8 for an Addition to the Rear of 3605 Livingston Street NW, owned by Gerald D. Levine. Mr. Levine discussed the proposal for the special exception for his house, and presented a petition from his neighbors in support. Upon motion by Commissioner Beach, the Commissioners voted 6 – 0 (Commissioner Levine not voting) to send a letter to the BZA in support of this Special Exception, noting that Commissioner Levine had recused himself and that the neighbors are in support (a copy of the petition to be attached to the letter), and that the Levine family expects to continue to live in this residence. Commissioner Thompson stressed that approval of the application for a minor variance, with neighbor consent, was very obvious, and that the issue was in no way influenced by the fact that Chair Levine happened to be the applicant. Commissioner Beach was authorized to represent the ANC at any meetings of the BZA relevant to this application.

8. ANC Website. Commissioner Levine resumed the Chair. Commissioners Thompson and Seitz presented a proposal to improve the ANC 3/4G website by including eight categories of information, having studied other ANC websites and selecting the best features of each. The commissioners discussed the proposal, noting general agreement with the concept, but with technical challenges. The Commission is dedicated to improving its website. The Commissioners also noted the need for the ANC to purchase a new computer.

9. Discussion of the Bus Shelter at Connecticut and Oliver Street. Discussion was deferred to the next meeting, as Commissioner McCarthy was about to leave. There is an issue regarding the future use of this and similar vacant bus shelters in DC.

10. Commission Business

a. Commissioner Levine reviewed developments regarding building permits for the Broad Branch Market. Most have been secured, but two are still needed. Commissioner Beach indicated that a similar situation exists for the development of the common area around the Community Center-Library.
b. The Minutes of the January 8, 2007 meeting were approved by a vote of 6-0-0 (Commissioner McCarthy left the proceedings).
c. Checks were approved by a vote of 6-0: $75.00 Cindy Wood (sign interpreter) $62.91 Verizon 1/4/07, $239.40 RCN (internet service 2007).
d. Items for the February 12, 2007 meeting: reconfirmation of actions and votes taken at the January 23, 2007 meeting, Bus shelter at Connecticut and Oliver Streets.

11. Adjournment & Next Meeting. The meeting was adjourned at 8:55 PM. The next meeting of the Commission is scheduled for February 12, 2007.

Respectfully Submitted,
Chair: Secretary:
___________________________ __________________________
Jerry Levine Allen Beach

MINUTES OF PUBLIC MEETING
FEBRUARY 12, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order by Chair Levine, who presided. Commissioners present: Levine, Beach, Nolan, McCarthy, Seitz, and Thompson. Absent: Fromboluti (out of the country).

2. Attendees. Approximately 20 persons were present.

3. Announcements. Chair Levine announced the DC Vote for Congress Day on February 15, an effort sponsored by DC Vote and DC and Congressional officials to lobby Congress on voting rights for DC. A breakfast is to be held in the Cannon House Office Building followed by remarks by local officials and meetings with members of Congress. The Chair further announced that an informational meeting on Historic Preservation sponsored by ANC 3E will be held on Saturday, March 3 (10AM to noon) at the St. Mary’s church at 42nd Street and Fessenden Street. (ANC 3/4G has become a cosponsor of the informational session and invites interested ANC 3/4G residents to attend). He noted that ANC 3/4G will hold joint hearings with ANC 3E and the Chevy Chase Citizens Association on the subject beginning in the spring.

Commissioner Nolan told the Commission that Doug Noble, DDOT’s traffic engineer who had been working on several projects in the area, had left DDOT. She added that his departure could result in delays in DDOT projects. With regard to the Hazmat (hazardous materials) issue brought about by the exploding refrigerator (Nevada Avenue near Nebraska Avenue), she said that the Emergency Preparedness Council had not notified the community because the problem was contained to the house, but she urged the Council to inform the community about a problem when so many emergency vehicles are present in the area. She further announced that Mayor Fenty would attend the Chevy Chase Citizens Association meeting Tuesday evening February 20. Finally, she reported that the potluck dinner for members of the Chevy Chase Community listserv was very successful and had more than 100 persons in attendance.

Chair Levine then introduced guests attending the meeting: boys from Boy Scout Troop 100 who were visiting as part of the requirements for a badge in communications, Abby Frankson, the Ward 3 Neighborhood Coordinator for the Mayor’s office among others at the meeting.

Commissioner Seitz reported that the PT Cruisers were attempting to get three cherry trees for the Pinehurst Circle and had supported their application with the National Cherry Blossom Festival and Casey Trees.

4. Agenda. The agenda was adopted by vote of 6 – 0 (motion by Chair Levine), with the addition of an item requested by a member of the audience on the status of the Broad Branch Market.

5. Reconfirmation of actions and votes taken at ANC 3/4G meeting of January 23, 2007. Because of the lack of heat at the Chevy Chase Community Center on January 22, the ANC postponed its regularly scheduled public meeting until the next evening. With such short notice to the public, the ANC agreed that all actions and votes taken at that meeting were to be subject to reconfirmation at the February 12 meeting. Commissioner Beach thus made a motion to reconfirm all actions and votes at the January 23 meeting. A member of the audience questioned the ANC’s procedures in convening a meeting on such short notice and asked what the votes were. Chair Levine enumerated each of the six votes, each of which passed unanimously. First, there was a “Resolution Supporting Passage of H.R. 328,” which, if passed, would provide for a DC vote in the House of Representatives. Second, there was a “Resolution in Support of the People’s March for Full Voting Representation in Congress.” Third, there was a “Resolution Supporting Full Voting Representation for the Citizens of the District of Columbia, and Protest Against the Current Indignity of Taxation Without Representation.” That Resolution calls for full voting representation in Congress, including in the House and Senate, and that until such is achieved, there can be no just federal taxation of DC citizens. Fourth, the ANC voted in support of the BZA application of Chair Levine (who had recused himself from the vote) for a special exception for a four-foot rear extension of an existing kitchen at 3605 Livingston Street. Fifth, the ANC approved the minutes of January 8. Sixth, the ANC approved certain checks. Further description is included in the minutes of the January 23 meeting.

66. Annual Black History Invitational Swim Meet. Mr. Robert Ford announced the 21st Annual Black Invitational Swim Meet to be held at the Tacoma Aquatic Center February 17-18 and provided some background and history of the event. He asked for volunteers.

7. Preservation of Historic Fort DeRussy and Other Civil War Ring Forts. Commissioner Thompson introduced the issue and Dr. Benjamin Cooling, a Civil War historian, who described the history of Fort DeRussy in Rock Creek Park. Fort DeRussy is one of the “ring forts” that defended Washington, D.C. during the Civil War. The Fort figured prominently in the battle at Fort Stevens, on the Union left flank. Fort DeRussy, like many of the forts, is deteriorating, with the forts listed on the top ten endangered historic sites by the Civil War Preservation Trust. Professor Cooling asked the Commission to support preservation efforts, including by writing the National Park Service to urge a partnership with the local community to clean up the fort and restore it to a more prominent position, with signposts. Commissioner Thompson agreed to draft such a letter to present to Commissioners at the next meeting and also reach out to other ANCs with forts in their areas to act in concert towards preservation efforts.

8. Broad Branch Market. Chair Levine reported that all but two permits submitted to DCRA had been approved (DCWASA and Department of Health). Frustration was expressed, including by members of the public.

9. Bus Shelter at Connecticut Avenue and Oliver Street. There is some question about the future use of this bus shelter building. It was agreed that Commissioner Beach would draft a letter to Metro about the status and planned use of the bus shelter in the future.

10. Letter to Councilmember Jack Evans regarding Bill 17-0037, Estate and Inheritance Act of 2007. After a discussion related to estate taxes, it was agreed to obtain further information and discuss the Act at the next meeting.

11. Historic Preservation Review Board Hearing on Making the Newlands Memorial Fountain at Chevy Chase Circle a Historic Landmark. There is some question about what would be the historic landmark: only the fountain or the entire Circle? Commissioner Nolan pointed out much needed traffic, safety, and lighting improvements, and that no historic designation should interfere with such improvements. The Commission agreed by vote of 6-0 that Commissioners Nolan and Beach would draft a letter to the Historic Review Board for circulation that will state that any historic review must take into account the need for further safety and traffic measures at the Circle.

12. Commission Business

a. Updates. Chair Levine said that he had received no new information on the status of the traffic light at Morrison Street and Connecticut Avenue. Commissioners also announced that a candidates forum for the Ward 4 Council seat would be held by the Chevy Chase Citizens Association and the ANC would ask to become a cosponsor.
b. The Minutes of the January 23, 2007 meeting were approved by a vote of 6-0.
c. Checks were approved by a vote of 6-0: $35.00 Cindy Wood (sign interpreter); $35.00 Shelby Stuart (sign interpreter); $56.00 U.S. Treasury (FUTA 2006); $92.11 Chevy Chase Bank (federal withholding January); $62.05 Verizon (January); $101.97 Office Depot (supplies); $55.25 Allen Beach (petty cash replenishment-supplies, $14.78 and postage, $40.47).
d. By vote of 6-0, the Commission authorized the purchase of a new computer in the amount of $1100.00. This is the first step toward a modernized communication system (email) and website.
e. Chair Levine reported on an ANC Chairs meeting and asked Commissioners Beach and Thompson to review the Commission’s meeting hand out, “How Our Meeting Works” for any improvements.
f. Items for the February 26, 2007 meeting: BZA Application 17605 for a Special Exception under Section 223 and 405.8 for a four extension to an existing kitchen at 3605 Livingston Street NW owned by Gerald D. Levine; draft letter to DC Councilmember Jack Evans regarding the Bill 17-0037, Estate and Inheritance Tax Re-Coupling Act of 2007; draft letter on Fort DeRussy Preservation

13. Adjournment & Next Meeting. The meeting was adjourned at 9:10PM. The next meeting of the Commission is scheduled for February 26, 2007.

Chair: Secretary: ___________________________ __________________________
Jerry Levine Allen Beach

MINUTES OF PUBLIC MEETING
FEBRUARY 26, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order by Chair Levine, who presided. Commissioners present: Levine, Beach, Nolan, McCarthy, Seitz, and Thompson. Absent: Fromboluti

2. Attendees. Approximately 20 persons were present.

3. Agenda. The agenda was adopted by vote of 6 – 0 (motion by Chair Levine), with the addition of an item requested by Commissioner Beach regarding the Metro bus shelter at Connecticut Avenue and Oliver Street.

4. Announcements. Commissioners made various announcements, as follows (omitting announcements for meeting dates now passed):

Chair Levine announced an informational hearing sponsored by ANC 3E on Historic Preservation on Saturday, March 3 10-12 noon at the St. Mary’s church at 42nd Street and Fessenden Street. (ANC 3/4G has become a cosponsor of the informational session and invites interested ANC 3/4G residents to attend). He noted that ANC 3/4G would hold joint hearings with ANC 3E and the Chevy Chase Citizens Association on the subject beginning in the spring.

Commissioner McCarthy reported that ANC 3E was requesting a stop sign at the intersection of 41st and Legation Streets. He said that he had attended the previous week’s meeting on the fire at houses on the 3900 block of McKinley Street and that he had been impressed with DC Fire and Emergency Services Chief Palmer presentation of actions taken by EMS on that occasion. He further noted that the repairs (and installation of ADA-compliant sidewalks) to the northeast corner of Western Avenue and 41st Street will be scheduled for the spring construction season. There was also discussion of the lack of snow removal on any of the sidewalks surrounding Chevy Chase Playground on Livingston, Western or 41st Streets. Abby Frankson said she would look into who should be attending to the snow removal at the park sidewalks.

Commissioner Seitz announced that the PT Cruisers were planning to plant cherry trees at Pinehurst Circle on April 14 from 9 AM to 1 PM.

Commissioner Beach reported that repairs were nearly complete on the 3600 block of Patterson Street and the 3800-3900 blocks of McKinley Street. A top layer of asphalt will complete the projects.

Chair Levine reported that the traffic light had been installed at Connecticut Avenue and Morrison Street and was in “blinking mode” for one week to provide traffic with awareness of the new light. Thereafter, it would be activated by pedestrians in coordination with the lights at McKinley and Livingston Streets to become a four way full stop for six months or longer.

5. Fire and Emergency Services. Chief Gary Palmer presented the most recent information on EMS response times: in January 2007 89.4 % of critical medical dispatches receiving first advanced life support (ALS) arrived on the scene within 8 minutes on a city-wide basis with an average response time of 4 minutes 57 seconds. He briefly described the community’s local EMS support: Unit 20 EMS is at the Tenleytown Station, Unit 31 is at the station at Connecticut Avenue and Fessenden Street, and Unit 29 is at the MacArthur Blvd. station. He described the non-emergency services they provide such as home inspections, the installation of smoke detectors, and fire safety seminars held for community members.

6. BZA Application 17605 for a Special Exception under Section 223 and 405.8 for an Addition to the Rear of 3605 Livingston Street NW owned by Gerald D. Levine. Chair Levine turned the Chairing of the meeting over to Commissioner Beach, and recused himself from voting on the matter. As the applicant, Chair Levine described briefly the four-foot addition to an existing kitchen. This had been discussed in detail at the January 23 ANC meeting, but that meeting was called at short notice because of the need to cancel the regularly scheduled meeting the previous evening due to a lack of heating at the Community Center. The Commission decided to bring the application up again to hear any additional input from residents after a request from someone attending the previous meeting. No further comments were offered from the audience. After a short reintroduction of the construction by Jerry Levine, Commissioner Beach said that the Commission had heard the full presentation and that a petition from the neighbors supporting the BZA application had been provided to the ANC. He asked for a vote to send a letter to the BZA in support of the application. By vote of 5-0-1 (Chair Levine recused himself) the letter was agreed. Commissioner Levine returned to Chair the meeting.

7. Letter to DC Councilmember Evans regarding the Estate and Inheritance Tax Re-Coupling Act of 2007. Commissioners discussed this act, and expressed interest on the two other tax measures before the Council Committee on Tax and Revenue. It was agreed to obtain more information on these proposals and to continue discussions at a future meeting.

8. Preservation of Historic Fort DeRussy and Other Civil War Ring Forts. Commissioner Thompson presented a draft letter to National Park Service officials on the need to preserve the historic Civil War Ring forts, including Fort DeRussy in the Chevy Chase community for the Commission’s approval. Commissioner Beach made an amendment to post a copy to the Chevy Chase Community listserv, which was adopted by a vote of 6-0. After discussion, the Commission approved the letter (with a few edits) by a vote of 6-0.

9. Bus Shelter at Connecticut Avenue and Oliver Street. Commissioner Beach presented a draft letter to Metro regarding the status and future planned use of this bus shelter. The letter to WMATA was agreed to by a vote of 6-0.

10. Joint Sponsorships of Ward 4 Candidates Forum and Historic Preservation. On March 20, ANC 3/4G will co-sponsor a Ward 4 and School Board Candidates Forum with the Chevy Chase Citizens Association. Chair Levine noted also that on March 3, there would be an informational meeting with ANC 3E, which the ANC 3/4G was jointly sponsoring, on Historic Preservation. The Commission had discussion of other possible dates for joint public hearings with ANC 3E and the Chevy Chase Citizens Association, but reached no conclusion. They agreed to have 2-3 jointly held meetings/hearings, and that the Chair and two other Commissioners would meet to determine the dates.

11. Commission Business

a. Updates. Chair Levine said that he had received no new information on the status of the Broad Branch Market. Commissioner Beach presented a slightly revised draft of the ANC’s meeting handout “How Our Meetings Work” in response to a request from Chair Levine. With one technical change, the draft was approved by a vote of 6-0.
b. The Minutes of the February 12, 2007 meeting were approved by a vote of 6-0.
c. Checks: None outstanding.
d. Items for the March 12, 2007 meeting: Estate and Inheritance Tax Re-Coupling Act of 2007and other tax measures; meeting dates for joint hearings on historic preservation; review of the ANC 3E meeting on historic preservation; and reconstruction of 38th Street.

12. Adjournment & Next Meeting. The meeting was adjourned at 9:15PM. The next meeting of the Commission is scheduled for March 12, 2007.

Chair: Secretary: ___________________________ __________________________
Jerry Levine Allen Beach

MINUTES OF PUBLIC MEETING
MARCH 12, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order by Chair Levine, who presided. Commissioners present: Levine, Fromboluti, Beach, Nolan, McCarthy, Seitz, and Thompson.

2. Attendees. Approximately 20 persons were present.

3. Agenda. By a vote of 7-0, the agenda was approved (with one check added for approval and moving up discussion re 38th St. to accommodate attendees).

4. Announcements. Commissioners made various announcements, as follows (omitting announcements for meeting dates now passed):
• March 19, 7:30pm, Block Captain training at Commissioner Nolan’s house.
• March 20, 7:30pm the ANC and the Chevy Chase Citizens Association will co-sponsor a Ward 4 and School Board Candidate’s Forum, at the Community Center.
• March 25, 2pm DC Vote Rally at Reeve’s Center U St. & 13th NW.
• April 16, DC Voting Rights March on Penn. Ave. N.W.
• Fire Chief Michael Strawderman appeared and noted that they would endeavor to attend future meetings; he took questions.

5. Reconstruction of 38th Street. Representatives from DDOT (Paul Stephenson and Jeff Jennings) appeared and took questions regarding 38th St. and other street repair issues. They explained that no reconstruction of 38th St. will occur prior to the completion of Reno Rd. construction because 38th St. is being used as an access route for the Reno Road construction and must remain open. They were asked & discussed why the 3700 block of Jennifer St. was being reconstructed when it is in good shape and the neighbors do not want it reconstructed when other roads, like 38th St., that are in worse shape are not scheduled for work. Commissioner Fromboluti presented a letter that he drafted requesting DDOT to undertake reconstruction of 38th Street between Military Road and Reno Road together with photographs and previous correspondence about the dire situation. Public comment was made. The letter was approved by a vote of 7-0.

6. Morrison Street Light. Commissioners Levine and Nolan provided updates regarding the new light at Conn. Ave. & Morrison St. The light is the first of its kind in the City, and will have no green cycle. When a pedestrian wants to cross Connecticut Avenue at Morrison, he/she will push a button calling for a red light on Connecticut. The light will change from flashing yellow to solid yellow, and then to solid red when the lights at McKinley and Livingston are also red. The lights on Morrison Street will change from flashing red to solid red. All four directions will have solid red lights at the same time, and No Turn of Solid Red signs on all corners. There will be no vehicle movement while pedestrians walk across Connecticut Avenue at this intersection.

7. Discussion of Bill 17-0037, Estate and Inheritance Tax Re-Coupling Act of 2007 and Other Tax Matters. Commissioner Beach previously proposed a letter in support of this Act, consideration of which was deferred to gather additional information. Commissioner McCarthy summarized information regarding this and related Acts. Following discussion, the ANC voted to send a letter – to be finalized – in support of the Act, by a vote of 4 in favor (Beach, Fromboluti, Levine, Nolan) and 3 against (McCarthy, Seitz, Thompson). Chair Levine noted that upon final wording of the letter, Commissioners opposed might revisit the issue.

8. Meeting Dates for Historic Preservation Meetings and Report on the March 3 Informational Hearing on Historical Preservation. Commissioner Levine and Fromboluti summarized the March 3 meeting with ANC 3E, which is partially affected by the potential historic designation. The Commissioners, with public comment, discussed the idea of a poll in connection with hearings. Historic Chevy Chase DC is preparing a formal application for historic designation, which they stated will be ready in early June. Further, they will consider to a wait at least 90 days before filing the application to allow time for ANC consideration. By a vote of 7-0, the Commissioners agreed that once the draft application is available, the Commission will hold at least two hearings on the issue and also sponsor a vote or referendum of some kind (the details of which are not yet agreed upon). By a vote of 7-0, the ANC approved a Committee to discuss the issue and make recommendations to the full ANC. The Committee will be comprised of the three Commissioners whose districts are affected; other Commissioners are invited to any meetings, which will be public and duly noticed.

9. Commission Business

a. Updates. The ANC received its first quarterly allocation for 2007 from DC for $4,954.95.
b. The Minutes of the February 26, 2007 meeting were approved by a vote of 6-0-1 (Commissioner Fromboluti abstaining as he was absent).
c. Checks approved by a vote of 7-0: $135.91 Chevy Chase Bank (February Federal withholding; $916.63 to Dell for a new computer for the ANC office.
d. Items for the March 26, 2007 meeting.

9. Adjournment & Next Meeting. The meeting was adjourned at approximately 9:20PM. The next meeting of the Commission is scheduled for March 26, 2007.

Chair: Secretary: ___________________________ __________________________
Jerry Levine Allen Beach
MINUTES OF PUBLIC MEETING
MARCH 26, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order by Chair Levine, who presided. Commissioners present: Levine, Fromboluti, Beach, Nolan, McCarthy, Seitz, and Thompson.

2. Attendees. Approximately 30 persons were present.

3. Agenda. By a vote of 7-0, the agenda was approved with the addition of discussion of certain Zoning Commission matters and Military Road parking configuration, as well as additions to Commission Business to include disposal of the old computer, the flyer on “How Our Meetings Work”, and sign language interpreters.

4. Announcements. Commissioners made various announcements, as follows (omitting announcements for meeting dates now passed):

1. Wednesday, March 28, 2007 – Second District Citizens Advisory Committee meeting (every fourth Wednesday of the month).
2. Saturday April 14 – Pinehurst Tributary cleaning continues with expected tree planting.
3. Monday, April 16 – the D.C. Voting Rights march, which begins at Freedom Plaza at 2:30PM – all are urged to participate.

5. Community Grants. The Spring schedule for Community Grants (up to $1000 each) is as follows: (1) written proposal should be submitted to the ANC office not later than April 18; (2) potential grantees to make oral presentations at Commission meeting April 23; and (3) Commission vote on grants at meeting May 14. The budget remaining for grants in this fiscal year is $4,100.

6. Reno Road Reconstruction. Commissioner Fromboluti reported that the project is nearing completion except for the first two blocks north of Nebraska Avenue, which are the most important for traffic turning on Reno Road to travel downtown.

7. Historic District Determination Process. Chair Levine reviewed procedural matters to date, including the Commission’s request to Historic Chevy Chase D.C. for a 90 day period after the draft is ready before it is submitted to D.C. in order to allow the Commission time to conduct a poll and to hold public meetings. Commissioner Fromboluti reviewed various issues regarding a poll, including: (1) who votes – residents vs. non-resident owners?; (2) who votes –owner vs. renters?; (3) how votes are counted – by each house or by occupant?; (4) whether individual condominium owners vote?; (5) whether commercial businesses vote?; (6) how the votes will be conducted: by mail or hand?; (7) how to determine if ballots are valid?; and (8) how to sort and report the results? It was noted that the Foxhall community is now going through the historic district process. Chair Levine announced that the Subcommittee on Historic Designation will meet at 6:30PM on April 9 (for one hour prior to the ANC meeting). He indicated that it is likely that all of the polling issues may not be resolved and further meetings of the Committee may be required before a proposal is presented to the full Commission for its approval. All other Commissioners and the public are welcome to attend the Committee meeting.

8. Zoning Commission Cases. Commissioner Fromboluti reviewed and discussed D.C. Zoning Commission Case No. 07-03 (Minimum lot dimensions in the R (Residential Districts-Text Amendment), which has a scheduled hearing date of Thursday, April 5. This matter relates to ending grandfathered-in rules when residential property is going to be converted to another use. After discussion, and upon motion to send a letter to the Zoning Commission supporting this change, the motion did not pass, by vote of two in favor for (Fromboluti, Beach) two against (Levine, McCarthy), and three abstaining (Nolan, Thompson, Seitz). The Commission then discussed very briefly but took no action on Zoning Commission Case No. 06 23 (Text Amendment-Eating Establishment Definitions). This will be discussed at a future meeting.

9. Military Road Traffic and Parking. Commissioner Nolan presented a draft letter to DDOT regarding the change of traffic pattern and parking restriction Notice 06-97-TS (Military Road), which reiterated the ANC’s previous position for “no parking” on the north side of Military Road. After discussion and minor changes, the Commission voted 7-0 for a cc to the Chevy Chase listserv and other cc’s as appropriate and adopted the letter by vote of 7-0.

10. Americans With Disabilities Act Requirements (ADA). Commissioner Nolan led a discussion on ADA requirements including the non-accessibility of the Chevy Chase Community Center for wheelchairs and signer requirements. She especially noted the letter of ANC 6A (which includes Gallaudet University) to Councilmember Wells. After discussion, Commissioner Thompson agreed to draft a letter regarding sign interpreter request notice and funding to pay interpreters, for consideration at the next meeting.

11. Fort DeRussy. There was a short discussion of the letter received from the National Park Service regarding Fort DeRussy and further meetings. Commissioner Thompson was congratulated for the initiative and letter on the matter.

12. Commission Business

a. The Minutes of the March 12, 2007 meeting were approved by a vote of 7-0 following a vote of 7-0 to amend the minutes to indicate that Historic Chevy Chase D.C. would consider rather than agreed to wait 90 days before filing the application. By vote of 7-0 the Commission declined the proposed request to include the statement of a resident as the minutes are meant to reflect general discussion and not necessarily remarks of individuals. However, those remarks remain a part of the taped record.
b. Checks approved by a vote of 7-0: $70.00 Cindy Woods (signer); $70.00 Shelby Stewart (signer); $65.15 (Verizon 3-4-07).
c. Receipts: $13.00 refund-Workers Comp. Insurance.
d. By vote of 7-0 the Commission agreed to the disposal of the office’s old computer (consultant had indicated that it had a value of less $25). A new computer was installed on March 26, which includes DSL service.
e. By vote of 7-0, the Commission agreed to final wording of “How Our Meetings Work”
f. Items for Meeting of April 9, 2007 include: further discussion of Historic District Designation; Zoning Commission proposal on definitions of a restaurant; letter on signing notice and funding; website; and quarterly financial report.

13. Parking at the Community Center. There was discussion regarding parking problems at the Chevy Chase Community Center and that tickets had been issued. Commissioner Nolan agreed to post information about parking at the Center on the listserv. There was a short discussion as to whether the new light at Connecticut Avenue and Morrison Street is in synchronization with those at Connecticut and Livingston and McKinley Streets.

14. Adjournment & Next Meeting. The meeting was adjourned at approximately 9:10PM. The next meeting of the Commission is scheduled for April 9, 2007.

Chair: Secretary: ___________________________ __________________________
Jerry Levine Allen Beach

 

MINUTES OF PUBLIC MEETING
APRIL 9, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order by Chair Levine, who presided. Commissioners present: Levine, Fromboluti, Beach, Nolan, McCarthy, and Seitz. Absent: Commissioner Thompson.

2. Attendees. Approximately 60 persons were present.

3. Agenda. By a vote of 6-0, the agenda was approved with the addition of Commissioner Fromboluti’s request to comment on the Morrison Street and Connecticut Avenue traffic light problem. Commissioner Beach noted that he would report on one additional check and a receipt of income (ANC allotment) from the DC government.

4. Announcements. Commissioners made various announcements, as follows (omitting announcements for meeting dates now passed):
a. Monday, April 16 – the D.C. Voting Rights march, which begins at Freedom Plaza at 2:30PM – all are urged to participate (announcement details by Kristen Barden, Community Outreach Coordinator, Office of the Mayor).
b. Tuesday, April 17- Councilmember Cheh will address the Chevy Chase Citizens Association.
c. Thursday, May 3- Village Concept which would provide elderly services, Chevy Chase Community Center at 7:30 PM.
d. Thursday, May 24- Historic Preservation hearing on the Historic Landmark Application (#07-28) by the Garden Club of America re: Entry Markers at Chevy Chase Circle. The hearing is to consider an application for the historic designation of the two current markers at Chevy Chase Circle.
e. Chair Levine welcomed Ms. Ayana Rockett, the Mayor’s Ward 4 Neighborhood Services Coordinator who may be reached at ayana.rockett@dc.gov or 202 442 8161.
f. Chair Levine announced that Historic Chevy Chase DC has agreed to a 90-day period after the draft Application/Nomination for Historic District designation is ready before it is submitted to D.C. officials in order to allow the Commission time to conduct a poll and to hold public meetings.
g. Chair Levine welcomed former Commission members Renshaw, Buchholz, and former ANC 3C Commissioner MacDonald.

5. Zoning Commission Text Amendment on Restaurant Definitions. Commissioner Fromboluti described the Zoning Commission’s proposed text amendments to: (i) make the definition of a “restaurant” more specific; (ii) change the name of the “fast food restaurant” to use the term “fast food establishment”; (iii) include criteria within the definition to more easily determine whether an establishment falls under the definition during the Zoning Administrator’s review of a building permit application; and (iv) recognize a new use now to be termed a “prepared food shop”. He stated that the amendments did not change current zoning requirements applicable to such establishments in any substantive manner. After discussion, the Commission, by a vote of 6-0, agreed to send a letter to the Zoning Commission in support of the proposed text amendments (with some technical language changes proposed by Commissioner Nolan).

6. Historic District Determination Process. Chair Levine provided some background on the issue and then introduced Mr. David Maloney, Acting Director of the Historic Preservation Office, to provide information concerning the process of Historic District application and designation and standards for properties affected within such districts. He presented a number of slides outlining the differences between zoning and historic preservation, examples of “compatible” and “non-compatible” house additions and other changes to commercial and residential properties within the Chevy Chase community (including a few examples outside of our area but not too distant), and other related historic preservation matters. Mr. Maloney provided some indication of the kinds of changes and alterations of properties the Historic Preservation Office and Historic Preservation Review Board might question and those it would be likely to accept if the properties were located within a Historic District. He emphasized that that his Office and the Board seek to balance two potentially competing interests: the desire to “retain and enhance” properties that contribute to the Historic District and the desire the “adaptation” for current use. As to the differences between the zoning regulations and Historic Preservation, he explained that zoning regulates the uses, density and other specific conditions for the building of additions and other improvements to properties, without design review and with very limited discretion on the part of the reviewing agencies, while the Historic Preservation Office and Board establish procedures for determining the compatibility and consistency of properties within the Historic District, with substantial design review and much greater discretion as to approval, rejection or modification of proposals. He said that the major concerns of the Historic Preservation Office and Board include: demolitions, additions, and new construction. Routine matters such as minor additions, fences, decks, and window replacements are items that are generally handled and processed with less review and “over the counter” approvals.

A question and answer period then followed (Commissioners and audience attendees). Among the concerns expressed were: the role of the ANC in voicing its support or opposition to the proposed Historic District (the ANC’s decision and views must be afforded “great weight” by the Board); the possibilities of a particular property being allowed to “opt out” of the proposed Historic District (the boundaries can be changed and the Board can reduce proposed boundaries applied for, but individual properties cannot opt out); front yard set-backs—an Historic District would make setbacks more stringent so new properties could not extend farther into the front yard than existing neighboring houses; what constitutes a “contributing” or “noncontributing” property—the Office of Preservation will determine which properties are those which contribute to the intrinsic history of the District of Columbia and those which do not (the Office then determines which are the significant historic properties). The concerns of residents focused, in part, on what specific changes are permitted to be made to properties in a historic district (such as new windows, solar panels, and other exterior improvements). Further substantive discussion of these issues was deferred until later meetings of the Commission since the primary focus of this meeting was to obtain basic information from Mr. Maloney and to discuss a number of pending procedural issues relating to the proposed Commission poll and hearings. Chair Levine summarized the status of those process issues and then thanked Mr. Maloney for taking the time to be with us and the neighborhood to provide helpful information on historic preservation.

7. Updates.
• Morrison/Connecticut Avenue Traffic Light. Commissioner Fromboluti noted that the timing of the pedestrian traffic light at the intersection of Morrison Street and Connecticut Avenue is still not working properly and that traffic tie-ups continue to occur on Connecticut Avenue. He and Chair Levine asked that this matter be placed on the ANC agenda on the earliest date that officials from DDOT can attend to review the matter and answer questions.
• ANC Grant Period Opened. Chair Levine noted that the ANC’s spring grant is now open—grant applications need to be submitted by April 17 (available from the ANC office at uppernwdc@juno.com). Oral presentations of grant requests will be heard at the Commission’s next meeting on April 23. Commission votes regarding proposals for grants will be taken on May 14.
• Americans With Disabilities Act Requirements. A letter to the DC Council concerning violations of ADA requirements at the Chevy Chase Community Center for wheelchair accessibility and provision of sign language interpreters as required by law will be presented at the next ANC meeting on April 23.

8. Commission Business

a. The Minutes of the March 26, 2007 meeting were approved by a vote of 6-0.
k. Checks were approved by a vote of 6-0: Chevy Chase Bank-$66.10 (March fed. w/holding); DOES $25.11 (Jan-Mar unemployment), Office Depot-$33.99 (office supplies).
b. Commissioner Beach noted the receipt on March 1 of an allotment of $4,954.95 from the DC government.
c. ANC Website. Commissioner Seitz briefly presented the cost and other attributes of various ways to update the Commission’s website that she and Commissioner McCarthy have been considering. She noted that she has been in contact with Mr. Gottleib Simon of the Office of ANCs and described a cost-effective approach that that office can provide for website construction and maintenance. Commissioner Beach raised the question of the Commission’s office ISP provider as a preliminary issue to be addressed. The Commissioners agreed to allocate a small sum of Commission’s funds for professional evaluation of the alternatives for internet service in the office.
d. Items for Meeting of April 23, 2007 include: oral grant presentations; Morrison Street/Connecticut Avenue traffic light (subject to availability of DDOT officials); sewage and flooding problems from the June 2006 storms at 30th Street and Kanawa Street NW (subject to the availability of WASA officials); and ANC Quarterly Financial Report.

9. Parking at the Community Center. Due to the long-awaited start of DPR’s work at the Chevy Chase Community Center, parking in the lot behind the Center has been severely restricted. The Commission will review this matter immediately.

10. Adjournment & Next Meeting. The meeting was adjourned at approximately 9:10PM. The next meeting of the Commission is scheduled for April 23, 2007.

Chair: Secretary:

___________________________ __________________________
Jerry Levine                                                  Allen Beach

 

MINUTES OF PUBLIC MEETING
APRIL 23, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order by Chair Levine, who presided. Commissioners present: Levine, Fromboluti, Beach, Nolan, McCarthy, Seitz, and Thompson.

2. Attendees. Approximately 20 persons were present. Chair Levine welcomed former Commissioners Renshaw and Buchholz and Commander Andy Solberg of the Second Police District to the meeting.

3. Agenda. By a vote of 5-0, the agenda was approved. Commissioners Seitz and Thompson subsequently arrived.

4. Announcements. Commissioners made various announcements, as follows (omitting announcements for meeting dates now passed):
• Grant requests: the Commission will vote on May 14
• April 25: CAC monthly meeting at the Idaho Avenue Police Station to elect CAC officers
• July 12: CAC awards for PSA officers and community members for outstanding service

5. Police Report. Commander Solberg stated that there had been several robberies along Wisconsin Avenue with a pattern of young men 13-18 years old with knives, and in one case a gun, stealing cell phones and iPods from citizens walking along the street. He urged residents not to use these wireless devices when on the street alone and also noted that GPS devices were increasingly the target of auto thieves and said these should be removed from unattended cars. He said Chief Lanier was proposing a proactive approach to policing practices which were being put in place over the May-September period.

6. Telecomm Towers. The National Park Service will hold a discussion of a cell phone tower in Rock Creek Park. The meeting will be at the Nature Center April 23-25 at 6PM.

7. Oral Grant Presentations. Oral presentations for pending Commission grants (spring round) were made on behalf of the following applicants: Citizens Advisory Council to the Second District Metropolitan Police Department (CAC) (2 grants), and Murch Elementary School Home and School Association. Other written applicants include Historic Chevy Chase DC, the Chevy Chase Citizens Association, and the Lafayette Home and School Association. They were not present at the meeting. 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. The Commission announced that it will vote on these grant requests at its May 14 meeting.

Commander Solberg described the two grants the CAC is seeking: (1) $2,000.00 for Summer Youth Day Camp. This will be the Second District’s first summer camp, which is aimed to serve juveniles age 6-13 residing in the Second District for the June 25-August 10 period. The site is at Wilson High School. The schools will help locate children for the program. All children may apply to become participants in the camp. Space is limited to 75-80 children. Breakfast and lunch will be funded through the school system. The ANC grant would fund field trips and transportation. (2) $1000.00 for support of the Second District Citizens Advisory Council Awards Banquet, specifically the actual award plaques, which recognizes officers and citizens in the community who have done an outstanding job reducing crime or helping with the overall public safety mission of the Metropolitan Police Department.

The representative of Murch HSA, Sally Kux, said the Association was seeking a grant of $1,000.00 for an all-weather teak bench and gardening tools to enhance the play area at the corner of 36th Street and Ellicott Street. Although this area was not within ANC 3/4G’s boundaries, many of the children attending Murch are drawn from the ANC area.
Other grant applications, which were not presented orally at the meeting, are:

Historic Chevy Chase DC $1,000.00 design and banners for Ch.Ch. lamp posts

Ch. Ch. Citizens Assoc. $ 210.00 flower boxes

Lafayette Home &School Assoc $1,000.00 rent for auditorium for school play

8. Use of Public Space at 5305 28th Street. The owner of the property at 5305 28th Street, Ms. Carol Grunewald, presented the proposal to occupy public space for the purpose of repairing an existing retaining wall and fence as well as adding a new wall and fence on the property. She noted that all the neighbors had signed a petition in favor of the application. By vote of 7-0, the ANC agreed to send the Office of Public Space a vote of “no objection” to the application.

9. Morrison Street/Connecticut Avenue Traffic Light. Chair Levine stated that the history of traffic and pedestrian safety at this intersection went back several years. The traffic light, recently installed, was controversial, balancing pedestrian safety and traffic concerns. Currently, the light is pedestrian-activated, a rarity in the city. Commissioner Fromboluti, who had proposed this discussion, added that the lack of synchronization of the activated light with the signals at Livingston and McKinley Streets was causing severe traffic back-ups along Connecticut Avenue. DDOT’s Chief of Traffic Safety, William McGuirk, and DDOT Ward 3 Coordinator, Jeff Jennings, answered several Commissioners’ questions with the following information: (1) this pedestrian-activated light was experimental and the test period would begin in September 2007; (2) the lack of synchronization was due to the fact that the lights at Livingston and McKinley were on a 60 second cycle and if pedestrians at Morrison had to wait 60 seconds, they would be more likely to cross Connecticut Avenue by jaywalking or against the oncoming traffic. Although this lack of synchronization backed up Connecticut Avenue traffic, DDOT has traditionally been on the side of pedestrian safety, and, as currently designed, the light has not yet been fully synchronized. Commissioners emphasized the immediate need to get the lights at the three intersections in synch; Commissioner McCarthy asked if Morrison Street traffic could cross Connecticut Avenue—previously cross traffic proceeded when the lights at Livingston and McKinley were on red. Since the Morrison light also turns red (if activated) there are few opportunities for Morrison Street traffic to cross Connecticut Avenue. Commissioners McCarthy and Fromboluti noted that there had been an increase of traffic on Livingston Street since the installation of the traffic light.

Former Commissioners Renshaw and Buchholz added their comments: the lack of use of the button to activate the light and the fact that few pedestrians cross Connecticut Avenue during rush hour, thus it made little sense not to synchronize the lights. Chair Levine stated that the ANC had never received an analysis of the effect of a full cycle traffic light (red, yellow, green) and further, urged DDOT to report on the results of the new light by October.

10. Pay Telephone Proposal. Commission Beach reported that the ANC had received notice from the Public Service Commission of proposed changes to the Pay Telephone Rules. Commissioner Nolan noted that the proposed regulations concerned the renewal of certificates: a pay phone renewal application would be required every 2 years and subject to tests as to whether the pay phone was located in a high crime area, whether it was used for illegal activities, and whether it was properly maintained. The Commission voted 7-0 to support the proposed changes to the Public Service Commission regulations and to send a letter to the agency to that effect.

11. Flooding 3700-3800 Blocks of Military Road—WASA Response Needed. Mr. David Beckel of the 3700 block of Military Road reported that households in the 3700-3800 blocks of Military Road were encountering severe difficulties in getting their claims for damages caused by sewage flooding into their basements as a result of the June 2006 storms acknowledged by WASA despite an engineering report that found fault with WASA. Commissioners McCarthy and Nolan requested WASA appear before the Commission at its next meeting to discuss the situation previously described as well as difficulties at 30th Street and Kanawha Street.

12. Lack of Permit Information from DCRA. Commissioner Beach reported that the Commission was still not receiving information on building permits. The situation was a long-standing one with inaccurate information in the fall of 2006 and almost no information so far in 2007.

13. Commission Business

a. The Minutes of the April 9, 2007 meeting were approved by vote of 7-0.
b. Checks: Verizon: $256.78 (4-4-07, including $194.86 for DSL of which $154.69 is a one time charge and $39.99 is the monthly fee.)
c. Quarterly Financial Report. Commissioner Beach noted that the customary report included an additional page with an updated office inventory to include the new office computer. The Report was approved by vote of 7-0.
d. Letter to Mayor Fenty regarding the provision of sign interpreters at ANC meetings was agreed to by vote of 7-0.
e. Announcements: the Metrobus adopt a bus stop program; the need for the parking lot behind Child’s Play (Morrison and Connecticut) to be kept clean; the ANC opposition to sharing the ANC office with Councilmember Cheh on Saturdays (because of the presence in the office of a computer and photocopy machine and office supplies as well as confidential documents which could not be secured, as well as the fact that the office was currently non-ADA compliant due to non-working elevators).
f. Proposed items for Meeting of May 14, 2007 include: vote on grants; sewage and flooding problems from the June 2006 storms in the 3700-3800 blocks of Military Road, 30th Street and Kanawha Street NW; the renewal of liquor licenses at Bread and Chocolate and the Mandarin Palace; BZA Application 17656 for variance relief to build a 2-story house on an alley lot bounded by Reno road, Chevy Chase Parkway, and Harrison Street (Square 1877, Lot 37)—later postponed until June 11.
g. Updates: Former Commissioner Buchholz noted the recent Washington Post articles on coyotes in Rock Creek Park. Commissioner Nolan noted the Shoemaker property had been put on the market with the word “dorm” in the advertisement (the Commission had voted against a proposed variance which would have effectively made the former nursing home into a dorm earlier in the year. The variance proposal was withdrawn). (After the meeting it was learned that the word “dorm” had been removed after a discussion with the President of the Home).

14. Adjournment & Next Meeting. The meeting was adjourned at approximately 9:15PM. The next meeting of the Commission is scheduled for May 14, 2007. There will be no meeting on May 28 due to the Memorial Day holiday.

Chair: Secretary:
___________________________ __________________________
Jerry Levine                                                  Allen Beach
MINUTES OF PUBLIC MEETING
MAY 14, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order by Chair Levine, who presided. Commissioners present: Levine, Fromboluti, Beach, Nolan, McCarthy, Seitz, and Thompson.

2. Attendees. Approximately 100 persons were present. Chair Levine welcomed Sean Gough from the Mayor’s office, David Maloney from the DC Historic Preservation Office, and members of the community, including school children from Blessed Sacrament School.

3. Agenda. By a vote of 7-0, the agenda was approved with the agreement to remove consideration of the flooding and sewage problem at 30th and Kanawha Streets and to add an item to Commission Business to consider who has the authority to invite DC public officials to ANC meetings.

4. Renewal of Liquor Licenses: Bread and Chocolate (#77920) and Mandarin Palace (#12671). A representative from the Mandarin Palace appeared before the Commissioners to say there was no change in their renewal application, there had been no complaints by the community about noise or other nuisances, and that there had been no official violations of their current license. By vote of 7-0 the Commission agreed to send a letter to the Alcohol Control Board supporting the renewal application. No representative from Bread and Chocolate was present. Based on no evidence of complaints against the establishment, the Commission agreed by vote of 7-0 to send a letter to the ABC supporting their application. The Commission also agreed to send a letter to Bread and Chocolate telling them that in the future, they must appear before the Commission to present their application.

5. Problems with Delivery of Examiner. Mr. Michael Phelps, the managing director for circulation of the Examiner newspaper, spoke to the problem that many residents are having in getting the paper delivery at their homes stopped. Commissioner Nolan stated that her constituents had called several times to no avail and that the continued delivery was becoming a public safety issue as uncollected papers in front of a house signal that residents are not at home. Mr. Phelps agreed this problem needed to be solved. He said that they had implemented sophisticated procedures to track deliveries and said that no resident should have to call the paper more than once to discontinue delivery. He stated that residents should initially call the main circulation number at 1-800-531-1223 and if delivery continues despite the call they could call his office directly at 1-703-738-0753.

6. Raze Permit for 3637 Patterson Street (Square 1863, Lot 823). Chair Levine began the discussion by asking if the Commission had received official notification of the application for the raze permit. He had received a faxed copy from DCRA of the application of Blessed Sacrament Church for the demolition of the house at 3637 Patterson Street, and individual Commissioners also received notice by mail of all raze permit applications listing 3637 Patterson Street among them. David Maloney of the D.C. Historic Preservation Office confirmed that was all the notice that would be sent, so the matter was ripe for review by the ANC. It was stated that a historic landmark designation application might be filed, in which case that matter would go before the DC Historic Preservation Board for hearings and a determination on the matter. Consequently, the Commission had the option of doing nothing now pending the anticipated application for a landmark designation, opposing the application, or approving it. Commissioner Fromboluti noted that the owner, Blessed Sacrament, could raze the property as a matter of right unless it was designated a historic landmark.

Father John Enzler, Monsignor of Blessed Sacrament Church, provided background to the application. He said that the prior owner, a parishioner, had approached the church about purchasing the property for the school and that at first the Church was not interested as the price was too high for the Church to consider. The house was placed on the market and went unsold for some time. But after a period of consultations within the parish and with the parents of the school, they agreed to raise money for the purchase to provide the Blessed Sacrament School with much needed green space for a recreation area for the kids. He said that the intent to demolish the house for this purpose was widely communicated to residents and members of the parish. He said the need for green space was great: at present, students can play only in a blacktop area, many students have been injured, and some students in the higher grades are leaving the school for ones that have better recreational facilities. Also, several developers are interested in demolition of the house, replacing it with 3-4 new lots and houses. Father John indicated that the proposed playground would retain mature trees around the property’s perimeter and also fence the grounds as a buffer for the adjacent neighbors. Father John asked for a show of hands in support and nearly all members of the audience raised their hands.

Chair Levine asked if Blessed Sacrament would secure the property at present (as it was now easy to obtain entrance illegally) and received an affirmative response from Father John. (This was done the next day). Chair Levine also asked if Blessed Sacrament would have to apply to the Board of Zoning Adjustment for a change of use permit. Their attorney said they would but did not foresee a problem with this. Commissioner Nolan asked if the adjacent neighbors had problems with the plan and Father John responded that they were not opposed to the application, but had concerns about noise that might come from the playground, which the Church plans to address.

Mr. David Maloney of the DC Historic Preservation Office subsequently answered questions about the procedures for filing a historic landmark designation for the property. He stated that the property owner (in this case Blessed Sacrament), or an organization with a charter that had historic preservation in its by-laws, could file an application to make the property a historic landmark which would prevent demolition for 90-120 days pending a hearing and determination of the Board. Anyone can attend the hearing and register their views. Mr. Maloney confirmed that no such application had been filed to date, and no audience member provided any information to the contrary.

Mr. Dick Tier of the Historic Chevy Chase DC (HCCDC) stated that members had met with Father John and that their first choice was to preserve the house. He said that HCCDC considered filing an application for designation of the property as a historic landmark, but indicated that they did not think the application would be accepted, so they will not be filing one. He said that people would take from the matter the need for broader neighborhood historic designation.

About a dozen neighbors and others spoke passionately in support of the application. They stated that Blessed Sacrament has been a good neighbor and that they recognized the need for a green recreation area for the school and were in favor of the application. Both owners of the house that is located between the school and the subject property said that they would prefer green space at the location rather than new development of several homes, and support the application for that reason, and that they would work with Blessed Sacrament to minimize noise and disruption.

Nobody spoke against the application or indicated that the home should be the subject of a landmark application.

Chair Levine polled Commission members as to whether or not to take a vote on the application. The Commissioners voted 7-0 to proceed. Chair Levine then offered a motion to support the Blessed Sacrament’s application for a raze permit by letter to DCRA. Each Commissioner spoke in support of the application for various reasons. By vote of 7-0, the Commission voted in support of the application, specifically to send a letter to DCRA, and further agreed that such letter should be published on the Chevy Chase Community listserv.

7. Announcements. Chair Levine announced that the final building permits for the Broad Branch Market are expected to be issued this week and that ground-breaking would occur shortly thereafter.

8. Flooding and Sewer Problems: 3700-3800 Military Road and 30th and Kanawha Street. WASA officials were not present at the meeting, despite the Commission’s several requests, so the flooding and sewage issues were postponed for the properties in the 3700-3800 blocks of Military Road.

9. Vote on Spring Grants. After discussion, the Commission agreed to the following grants:

a. Murch Home and School Association for a bench and gardening tools- $500.00 (7-0 vote)
b. Chevy Chase Citizens Association for flower boxes- $210.00 (7-0 vote)
c. Citizens Advisory Council for summer camps-$1,000.00 (subject to additional paperwork) (6-0-1 vote, Nolan abstaining)
d. Citizens Advisory Council for an awards ceremony- $1,000.00 (subject to additional paperwork) (6-0-1 vote, Nolan abstaining)
e. Lafayette Home and School Association for auditorium rent for the school play $1,000.00 (subject to additional paperwork) (7-0 vote)
10. A decision on the grant request of Historic Chevy Chase DC banners on lamp posts was postponed.

11. Commission Business

a. Updates: Commissioner Fromboluti announced that the Reno Road reconstruction was about 99% complete and that he was working with DDOT to rectify grading problems that had caused flooding at several Chevy Chase Parkway residences.
w. Commissioner Thompson announced the Nebraska Avenue (Utah to Oregon Avenues) sidewalk/curb project will probably start in the summer or fall. He said the detailed plans were available from the ANC office or at his home. DDOT said that comments would be welcomed through May 25. He summarized comments received to date (preference for a stone face on a retaining wall near Utah Ave.; the need for parking at the bottom by Oregon Ave.; the need for landscaping on the triangle by Oregon Ave.; the requested elimination of a proposed new crosswalk at 28th St.; and the approval of the plan’s keeping stop signs as they are currently).
b. Morrison/Connecticut Traffic Light. Commissioner McCarthy presented a letter he had drafted as follow up to the previous ANC meeting regarding the testing of the traffic light’s performance. His letter proposed the present pedestrian-activated signal test period be followed by a test period in which the light would be converted to a normal green-yellow-red cycle. After discussion, the Commission agreed to put the letter on the listserv by vote of 7-0 and subsequently agreed to send the letter to DDOT by vote of 6-1 (Nolan dissenting).
c. The Minutes of the April 23, 2007 meeting were approved by vote of 7-0.
d. Checks: Verizon: $95.50 (DSL and phone-April); $153.93 Chevy Chase Bank (Fed w/holding March); $70.00 Shelby Stuart and $70.00 Cindy Woods (sign interpreters 4/23) approved by vote of 7-0.
aa. Proposed items for Meeting of June 11, 2007 include: the renewal of liquor licenses at Arucola Restaurant and the Parthenon Restaurant and Chevy Chase Lounge; BZA application of Safeway for a special exemption to continue an accessory parking use; BZA Application 17656 for variance relief to build a 2-story house on an alley lot bounded by Reno Road, Chevy Chase Parkway, and Harrison Street (Square 1877, Lot 37); Military Road traffic issues; repaving of McKinley Street (3900-3800 blocks); and use of credit cards by ANCs.
e. Announcements: Commissioner Nolan said that Pepco was putting designated numbers on all electrical poles. Commissioner Seitz announced that curb/sidewalk plans as part of the Western Avenue reconstruction (Chestnut to Oregon) were in the ANC office and that she was reviewing them.
f. Commissioner Beach asked the Chair to consider ANC policy regarding the invitation of DC government officials to ANC public meeting (item postponed due to the late hour).

12. Adjournment & Next Meeting. The meeting was adjourned at approximately 9:30PM. The next meeting of the Commission is scheduled for June 11, 2007. There will be no meeting on May 28 due to the Memorial Day holiday.

Chair: Secretary:
___________________________ __________________________
Jerry Levine                                                    Allen Beach

 

MINUTES OF PUBLIC MEETING
June 11, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order by Chair Levine, who presided. Commissioners present: Levine, Fromboluti, Beach, Nolan, McCarthy, and Seitz. Absent: Thompson. Chair Levine welcomed several DC officials and local residents.

2. Attendees. Approximately 70 persons were present.

3. Agenda. By a vote of 6-0, the agenda was approved with the agreement to add updates from Commissioner Nolan regarding her testimony before the DC Council on the proposed alley closing at Livingston Street, 33rd Street, and Nebraska Avenue and from Commissioner Seitz regarding developments at Friendship Heights and the ANC website.

4. Announcements. Chair Levine said that the start of reconstruction of the Broad Branch Market is expected within a very short time, and that the redevelopment period is expected to take approximately one year. He also noted that on June 19 at St. Columba Church Ward 3 Democrats would be meeting.

Commissioner Beach noted that water problems still afflicted the Chevy Chase Community Center, and that the air conditioning had not yet been turned on in the building. Commissioner Beach and Fromboluti said that the state of the Community Center building was “pitiful”. All expressed annoyance that basic amenities were not provided to one of the most popular and important of DC’s community centers.

Commissioner Seitz noted that the Ward 4 Democrats were holding an election July 10 and that Commissioner Nolan was running for Financial Secretary, and introduced Joshua Lopez and Shanel Anthony who are also on the slate. She asked all to turn out to vote. She also noted that Pepco was going to be trimming trees in the Barnaby Woods area and asked residents to contact her if they perceived problems.

Commissioner McCarthy said that repaving of the 3800-3900 block of McKinley Street would begin soon, but if it was delayed, the ANC would want to raise the issue with DDOT. He thanked Steve Seelig for continuing to follow this issue keeping everyone aware of the lack of progress.

Commissioner Nolan announced the July 12 CAC MPD Awards Banquet for outstanding community service. It will be held at Maggiano’s Little Italy from 6:00 – 10:00pm. Tickets are $40 per person which includes a full dinner and wine. To purchase tickets, individuals should contact Commissioner Nolan at Nolantutor@yahoo.com. She also announced the first 2D MPD Summer Camp which runs for seven weeks and costs $150 for the entire seven week session. The Camp will be held at Murch Elementary School. To register for the camp, contact Officer Ava Cole at 703/203-3227.

5. Fire Department Presentation. Chief John Lee of the Engine Unit 20 (located at 4300 Wisconsin Avenue at Tenley Circle) noted that the new fire chief had been sworn in. He discussed the status of fire hydrants. He said the Department intended to test all 9,000 hydrants in the city and estimated that 10-15% were in need of some kind of service. He said that WASA had funded the work so that six crews were working nine hour days checking 60 hydrants per day. If the hydrant needed work, a ring which reads “maintenance required” is placed around the large nozzle. If the hydrant does not work at all, a ring which reads “Out of Service” is placed around the large nozzle. New hydrants have a white ring around the nozzle. In response to a question from Commissioner Beach, Chief Lee indicated that operating hydrants are not marked thus citizens have no way of knowing that such hydrants had been inspected. The Chief said residents could call the WASA hotline with their concerns about hydrants at 612 3400. Commissioner Nolan said that there was a need to plot all locations of the hydrants, because some were plotted in the wrong location on the City map. The Chief said he would look into that.

6. Renewal of Liquor Licenses: Arucola Restaurant (#21599) and Parthenon Restaurant &Chevy Chase Lounge (#13995) A representative from the Arucola Restaurant appeared before the Commissioners to say there was no change in their renewal application, there had been no complaints by the community about noise or other nuisances, and that there had been no official violations of their current license. By vote of 6-0, the Commission agreed to send a letter to the Alcohol Control Board supporting the renewal application. No representative from the Parthenon Restaurant and Chevy Chase Lounge was present. Based on no evidence of complaints against the establishment, the Commission agreed by vote of 6-0 to send a letter to the ABC supporting their application, subject to Commissioner McCarthy meeting with the owner regarding the renewal.

7. Alley Lot-BZA Application #17656 for Variance Relief to Build 2-Story House. Commissioner Fromboluti introduced the application for variance relief. The owner, Alley Cat Mews, did not appear, but is seeking to build a single family house on a property which is currently a large green area bounded on all sides by 20-foot alleys. Building permits require the alleys to be 30-feet. Homeowners residing on Chevy Chase Parkway, Harrison Street and Reno Road back onto this green space and are all opposed to the application. He said there are three specific tests the applicant must demonstrate to obtain a variance. They include: (1) the property is unique or is affected by an extraordinary or exceptional situation or condition; (2) denial would result in practical difficulty for the owner; and (3) variance relief can be granted without substantial detriment to the public good and without impairing the intent, purpose, and integrity of the zone plan. Commissioner Fromboluti added that all neighbors abutting the property are opposed to the application for a variance and that it does not meet any of these three requirements.

The attorney, Mr. Dennis Hughes of Holland and Knight, representing the contract purchaser, Mr. Kenneth S. Woodring, on behalf of Alley Cat Mews, LLC said that his client was seeking only one variance (2507.2), which is the alley width. Mr. Hughes was accompanied by Mr. Donald Johnson, the architect for the project. Large displays of the architectural renderings of the two story house were presented along with a diagram of the alley lot. Mr. Woodring said that the owners had met all of the requirements for the variance including a letter from the fire department stating they had no problem with the plans. When ask for a copy of the letter from the fire department, none was available at the time for the Commission.

Mr. Allen Joquin, speaking on behalf of the owners on three streets whose houses back onto the green space, provided a brief description of the events leading up to the application. There are two lots surrounded by the alleys. One belongs to a resident which has been made into a garden. The other lot also used as a community garden was purchased by the Merwins’ company, Alley Cat Mews LLC, for $36,000. The neighbors tried to purchase the land from Alley Cat Mews, but the owner had raised the price three times over its purchase price. Mr. Joquin said that the property was not unique and failure to obtain the variance would not cause economic hardship to the owner. The homeowners had offered to pay a “fair” price which granted a “reasonable” profit to Alley Cat Mews for the property. Another resident noted that the Commission should take into account the neighbors whose property values would likely be adversely affected by the replacement of green pace by a building. A number of other residents also spoke against the application.

Commissioner Fromboluti summarized concerns from Nancy Stanley and The Eads, who had written letters in opposition to the variance, but who were not able to attend. Commissioner Nolan noted that the DC Comprehensive Plan called for increasing green space, and this application violated the Plan’s concepts. She added that the property owners had bought their houses with the knowledge of existing zoning regulations and had a reliance issuance when purchasing their property that the 30 foot alley zoning law would remain in effect precluded the lot from being developed. She also pointed out that the owners of the alley lot knew of the 30 foot rule when they purchased their lot. It was a gamble and not a hardship if the variance is not granted. She noted that there is nothing unique, or extraordinary about the lot, and that there are many such lots in our community. They have been bought by the neighbors jointly and developed as green space for the community.

Commissioner McCarthy asked what was the purpose of the 30-foot width of the alley regulation, and was told it was needed to provide access for emergency vehicles. Commissioner Nolan also noted that the house in the 3900 block of McKinley Street burned quickly and thoroughly because the alley behind the house was not 30 feet and the fire truck was not able to spread the supports to keep it in place on ice. Chair Levine explained his views that he had been to the site three times, spoken with neighbors, researched the zoning laws, regulations and precedents of the BZA thoroughly, and considers this to be a very difficult and close case, but that on balance, he believes the BZA ought to grant the variance. He said the lot is a legal lot separately taxed and buildable, that the distance to the backs of the other homes is greater from a new house to be built on this alley lot than it would normally be for other newly-constructed homes in relation to adjoining houses, and that emergency vehicles can access properties through 20 foot alleys. He said he understands the opposition of neighbors and the desire to preserve green space on the alley lot, but that in weighing the interests on both sides, based in part on prior BZA cases, he believes that the legal tests for a variance appear to be satisfied in this case. Commissioner Fromboluti said that he believed the development of the lot was not legal and moved that the ANC oppose granting the application, naming himself as the ANC Commissioner to represent the ANC at any and all hearings. Further it was agreed to draft and circulate the letter prior to submission. By vote of 5 (Fromboluti, Nolan, Beach, Seitz and proxy of Commissioner Thompson) to 2 (Levine and McCarthy), approved the Fromboluti motion and agreed to send a letter to the BZA opposing the application for a variance. Chair Levine said he would write a minority report.

8. Military road Traffic Issues. Mr. Emeka Moneme, the Director of DDOT, appeared along with Patrick Obede and Jeff Jennings to discuss the problems associated with the new lane change on Military Road. He said that DDOT was trying different configurations to reduce speeding on Military Road while continuing the flow of traffic through the area. The three lane configuration stopped traffic flow and resulted in an increase in traffic accidents. He reported on a new program which includes the lane changes now in place plus the use of speed-activated devices that will be stationed between traffic lights at 27th and 28th Streets heading West bound and between 32nd and 31st Streets heading East bound. If cars are speeding, these detectors will turn the lights red at 30th Street (westbound) and 31st Street (Eastbound). He said that the parking lane on the North side of the street was not being used, and would be removed now that it was not needed as a means to slow down the speeding. He said he would make sure that the car detectors at 29th and 30th Street were activated turning the lights at 27th and 30th street red on Military Road when cars wanted to access Military from the side streets. When asked by Commissioner Nolan if the parking spaces on the South side would be repainted to indicate the spaces, the Director said he would go back and check to make sure this is on the plan. He also said he would correct some of the signs to make it easier to understand the lane changes. This was followed by questions from the audience as well as a plea to work with the MPD to reduce speed. Commissioner Nolan stated that MPD has been writing tickets on Military Road daily. Mr. Moneme was reminded that Military Road speeding has been a long-standing problem (at least 15 years) and citizens expect DDOT to come forth with a plan to solve this problem. Chair Levine indicated that this matter has come before the ANC numerous times, and that as DDOT initiated programs, that the ANC would continue to monitor the situation, putting it on the agenda as needed.

9. Morrison Street/ Connecticut Avenue Traffic Light. Commissioner McCarthy asked DDOT officials to extend the DDOT study of the pedestrian-activated light to include a study of the light operating on a regular green-yellow-red cycle. The Director said that DDOT would consider that after the test period is complete, but that no changes would be made until the light had been tested in its current state. He stated that better signs indicating how the pedestrian activation works would be installed.

10. New All-Way Stop Sign at Jenifer Street and Chevy Chase Parkway. Commissioners Fromboluti and Nolan asked the Commission to support the four-way stop sign at Jennifer Street and Chevy Chase Parkway, noting that residents had long sought this stop sign. By vote of 6-0 the Commission agreed to send a letter in support of the stop sign and of the DDOT proposal.

11. Commission Business

12. Updates: Commissioner Nolan said that she had testified before the Council regarding the alley closing behind 3240 Livingston Street. She had not been served with notice of the closing, and the Council agreed to return the issue to the ANC for hearing at its June 25 meeting. Commissioner Seitz said that she had attended a meeting of the Friendship Heights Task Force and that Phase I would be complete in September and would contain Bloomingdales. The opening of Whole Foods would be in early 2009. She then made a motion to have Verizon as the commission’s email and website provider. The motion was agreed to by vote of 6-0.
13. The Minutes of the May 14, 2007 meeting were approved by vote of 6.

14. Checks: $53.23 Allen Beach petty cash ($39.63 postage; $12.60 audio tapes) by vote of 6-0.
15. Proposed items for Meeting of June 25, 2007 include: Safeway Parking Lot Renewal of Special Exception (BZA Application #176390); Closure of alley bounded by 33rd Street, Livingston Street, and Nebraska Avenue (Square 2024, File SO 05-1609) behind 3240 Livingston Street.

16. Adjournment & Next Meeting. The meeting was adjourned at approximately 9:30PM. The next meeting of the Commission is scheduled for June 25, 2007.

Chair: Secretary:
___________________________ __________________________
Jerry Levine                                                    Allen Beach

 

MINUTES OF PUBLIC MEETING
June 25, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order by Chair Levine, who presided. Commissioners present: Levine, Fromboluti, Beach, Nolan, and Seitz. Absent: McCarthy and Thompson. Chair Levine welcomed EMS Acting Captain Seabacz, former Commissioners Renshaw and Rowse, and Kristen Barden from Councilmember Bowser’s staff.

2. Attendees. Approximately 30 persons were present.

3. Agenda. By a vote of 5-0, the agenda was approved with the agreement to add one check not currently listed on the agenda ($485 for computer services associated with new hard- and software).

4. EMS/Fire Department. Captain Seabacz of the Fifth Battalion said that his jurisdiction included much of NW Washington and said he or his staff planned to attend Commission meetings regularly and invited questions from Commissioners and the community. He said that the Memorandum of Understanding with the Bethesda Chevy Chase Rescue Squad on “Advanced Life Support” was nearly complete, pending the reconciliation of DC and Maryland law on procedures as well as the outcome of the review of the Rosenbaum case. He noted that a MOU was already in place for “Basic Life Support”.

5. Announcements. Chair Levine announced that parking meters along the commercial area of Connecticut Avenue would be changed in late summer to the system used in downtown DC whereby parkers would pay a pay station and receive a ticket to be placed on the car’s inside dashboard. Parking meters are then removed. The downside is that unused time cannot be used by another parker.

Commissioner Beach noted that summer camp at the Chevy Chase Community Center had been delayed on Monday because Community Center staff members were not informed in a timely manner about new procedures for getting clearance for camp staff. Chair Levine commented on new and ongoing difficulties at the Community Center more generally, including new flooding and an apparent lack of supervision of the reconstruction project. He noted that Mayor Fenty planned a meeting at the Center with DPR and representatives of the community to try to resolve these issues.

Commissioner Nolan announced the July 12 CAC MPD Awards Banquet for outstanding community service. It will be held at Maggiano’s Little Italy from 6:00 – 10:00pm. Tickets are $40 per person which includes a full dinner and wine. To purchase tickets, individuals should contact Commissioner Nolan at Nolantutor@yahoo.com.

6. Safeway Parking Lot Renewal of Special Exception (BZA Application #176390). Chair Levine said that Safeway was seeking the renewal of its special exception to continue an accessory parking lot use last approved by BZA Order No. 16240 dated August 8, 1997 at premises 3725-29 Morrison Street NW. This is the part of the Safeway lot which faces Morrison Street. Mr. Craig Muckle, the public affairs representative of Safeway, presented the company’s request for the renewal of the special exception and in addition asked that the ANC renew it in perpetuity subject to challenge for violations of the conditions for the special exception. Commissioners raised questions about employee parking on the lot and on residential streets, and cited the need for trash removal twice a day, better sidewalk clearance after snowstorms, and the process for customers and residents to register their complaints. Regarding this last point, Mr. Muckle said that complaints should be registered with the store’s manager and if no action was taken, he could be reached at Craig.Muckle@Safeway.com. Commissioner Beach, who had taken photographs of the advertising on the parking lot billboards, said that Safeway was violating its agreement with the community by allowing advertising by for- profit companies. The company had previously agreed that advertising was to be limited to non-profits. All Commissioners favored a five-year renewal, consistent with the parking lots at CVS and Magruders. Mr. Muckle said he supported all of the Commissioners’ comments regarding the parking lot, but could not commit the company on the issue of the 5-year renewal of the special exception as that would be an issue that would be dealt with by Safeway’s legal department. After further discussion, including the need for better signage at the entrance and exits to the parking lot and a review of loading dock procedures, the Commission agreed by vote of 5-0 to a motion by Chair Levine to support a 5-year extension of the special exception provided that Safeway adhered to the terms of the 1997 extension, limited advertising in the parking lot to non-profits, and agreed to provide trash pickup twice a day. Chair Levine was appointed to represent the Commission at any and all hearings on the application.

7. Closure of Alley Bounded by 33rd Street, Livingston Street, and Nebraska Avenue (Square 2024, File SO 05-1609). Commissioner Nolan reviewed the situation to date regarding the request for closing of the alley bounded by 33rd Street, Livingston Street, and Nebraska Avenue (behind 3240 Livingston Street). She said that Commissioner Beach had received a letter from Roland Dreist, Surveyor of DC, on July 9, 2005 and responded on his own behalf, noting that this was not his Single Member District and that the notice had not afforded the Commission sufficient time to have a meaningful discussion at a timely ANC meeting. Commissioner Nolan, in whose SMD the alley is located, noted that she had not received notice of this request and at the time there appeared to be no controversy on the issue. Commissioner Nolan said that she had testified before the Council regarding the alley closing at a Council hearing on May 30, 2007 in response to learning that several residents opposed the closing. She testified that she had not been served with notice of the closing and that 90 percent of the neighbors who were asked had signed a petition against the alley closure. The Council agreed that proper notice had not been given to ANC 3/4G and returned the issue back to the ANC for hearing at the ANC’s June 25 meeting. The Council has not yet rescheduled hearings on this issue.

Mr. Tim Crawford, the owner of the property at 3240 Livingston Street and the applicant seeking to close the alley, provided a brief description of the alley and the reasons he was seeking its closure. He said that it would provide greater security to the two houses directly on the alley (one of which is his), reduce illegal dumping, and that additional taxes could be collected from the two properties via the incorporation of the alley into these two lots. He said the alley in question was not used for public services as trash was collected from the two main alleys serving residents. He noted that he had bought the alley lot behind his house at a DC auction and the closing of the alley would permit him to build a garage on the incorporated land as well as give him direct access to his alley lot and a contiguous use of the land. Mr. Seth Perretta, representing the residents opposing the alley closure, said that they were seeking assurances from Mr. Crawford that the development rights of the alley lot could not be increased as a result of the alley closing nor used to increase his development rights with respect to the house he currently owns. After discussion about whether such restrictions could be legally enforceable as well as what development was possible on an alley lot, Mr. Crawford and Mr. Perretta agreed to talk to officials at the Office of Zoning, the DC Surveyor, and the Office of Planning about the laws and rules about the use of alley lots. Pending the outcome of these discussions, the Commission agreed to take up the matter at its July 9 meeting.

8. Discussion of Procedures for Holding a Neighborhood Survey and Hearings on the Proposed Chevy Chase Historic District. Chair Levine opened the discussion by noting that Commissioners had discussed this issue several times and had arrived at a draft plan on how to proceed on getting community input on the proposal to establish a historic district in Chevy Chase DC. He briefly summarized the outline which is attached to the minutes.

Discussion focused on how to distribute the ballots (by hand or—more costly—by mail) and whether condominiums would vote as a single entity or individual condo owners. Chair Levine said he would distribute a draft, which is appended to these minutes. This draft reflects the views of Commissioners that there would be one vote for each condominium with their polling their units.

9. Commission Business

a. The Minutes of the June 11, 2007 meeting were approved by vote of 5-0.
b. Checks were approved by vote of 5-0: $140.00 (Cindy Wood, signer June 11; $96.20 Verizon (6/4/07); $ 485.00 Up and Running Computer Services (technical services for installing new computer hardware and software).
c. Proposed items for Meeting of July 9, 2007 include: Historic Designation of 3637 Patterson Street, further discussion of the alley closure behind 3240 Livingston Street, the petition for stop signs at Oregon Avenue and Tennyson Street, and April-June Quarterly Financial Report.
d. Proposed items for July 23: to be determined and for September 10 meeting: BZA Special Exception for 3222 Stephenson Place for a rear addition. (There will be no meetings in August).

10. Adjournment & Next Meeting. The meeting was adjourned at approximately 9:30PM. The next meeting of the Commission is scheduled for July 9, 2007.

Chair: Secretary:
___________________________ __________________________
Jerry Levine                                                   Allen Beach

 

Attachment to June 25 Minutes

ANC DRAFT June 26, 2007: ANC’S HISTORIC DISTRICT SURVEY

1. There would be a cover letter from the ANC explaining the ANC’s desire for the survey to assist the Commissioners with their decision for ANC advice to DC officials regarding the proposed HD. The proposed boundaries of the proposed HD would be included in the package, as would brief statements that the ANC would request and receive from each of HCCDC (summarizing the terms of its application for the HD and why they believe it would benefit the neighborhood) as well as from one spokesperson from those opposing the HD. The letter would explain that all ballots received would become a matter of public record.

2. Survey ballot form to be enclosed – would ask something like “based on all the information and materials you have been able to review and consider on this matter, do you support or oppose (or have “no opinion” regarding) the proposed designation of a portion of the CC neighborhood as an HD”? The ballot would not contain any space for comments.

3. Two options for delivery (decision to be made by ANC this summer):

a. Mail out to every property owner within the proposed HD. A determination would need to be made as to how difficult it would be to transfer names and addresses from the DC tax assessment rolls list onto mailing labels.
b. Have volunteers (perhaps the Boy Scouts) hand carry a survey ballot to each property address.

4. Only one vote per registered property owner would be permitted, even if more than one person is listed on the deed as holders of record. If ballots are received from more than one owner at a property address, the total of all such votes would still be counted as only one (each such vote would be counted as a percentage of one).

5. The ballot would require the owner to list the name, address and phone number of the owner and would also require a check-off of whether the person signing the ballot is an owner or renter, and whether the property is a single family home, condominium, commercial facility, office or other type of property. Ballots would be delivered to condominium associations with a request that the association poll their members and based on such poll, vote as a single entity on behalf of the entire condominium project and all of its unit holders, for a single vote per property.

6. Renters would not be eligible to vote in their own right (the ANC cover letter would ask renters to forward the ballot to the owner of record), but if a property owner were to authorize a renter (or other agent) to act as their agent for this purpose, and with proof of authorization submitted, ballots signed by such agents on behalf of absentee owners would be counted. Ballots would not be distributed to multifamily rental property units that are not condominiums.

7. The ANC package would include a return envelope (without stamp) and instruct that it be mailed back or hand delivered to the ANC office, or placed in the ANC’s box at the Chevy Chase Community Center. Balloting would be open for a period of thirty days, to start as soon as possible after the ANC receives a copy of the draft HCCDC application.

ANC DRAFT JUNE 26

ANC HISTORIC DISTRICT PUBLIC HEARINGS

1. The ANC would hold one Information Session regarding the proposed HD as soon as possible after the ANC receives a copy of the draft Application for an HD from HCCDC. Within approximately thirty days thereafter, the ANC would hold the first of two public hearings to hear testimony from the public concerning the proposed HD. One of the two hearings would be held on a week night and the other hearing would be held on a Saturday morning.
2. The evening meeting would be held at the Community Center and would be 2.5 hours long, from 7 p.m. to 9:30 p.m. The Saturday morning meeting would be held at the Community Center or at another convenient location and would be 3 hours long, from 9 a.m. to noon.
3. All persons wishing to testify would be asked to sign up in advance, but people coming to the hearings would also be allowed to testify if time permits.
4. Each person would be given a maximum of three (3) minutes to present his or her testimony.
5. To the extent possible, people would be encouraged to submit one copy of testimony in advance of the hearings, though this would not be a requirement.
6. Individuals residing within the boundaries of the proposed HD would be given first priority for testimony and their testimonies would be heard first at both hearings. Those in this category who had submitted written testimony would be allowed to testify first, followed by those in this category who had not submitted testimony in advance. Thereafter, all others wishing to testify would be heard, whether living in the CC neighborhood, elsewhere in DC or outside of DC, and whether or not they had submitted copies of their testimony in advance to the ANC.

 

MINUTES OF PUBLIC MEETING
July 9, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order by Chair Levine, who presided. Commissioners present: Levine, McCarthy, Beach, Thompson, and Seitz. (Commissioner Nolan subsequently arrived). Absent: Fromboluti. Chair Levine welcomed former Commissioners Renshaw and Rowse, Abby Frankson of the Mayor’s Office, and Kristen Barden from Councilmember Bowser’s staff.

2. Attendees. Approximately 60 persons were present.

3. Agenda. By a vote of 5-0 (Commissioner Nolan subsequently arrived), the agenda was approved with the agreement to add two issues that had arisen at the last minute: a request from the DC Office of Planning regarding the renewal of Safeway’s Special Exception (BZA #17638) for its parking lot, and a DDOT request for comment on its intent to remove parking from the north side of Military Road between 27th Street and Nebraska Avenue (which the Commission had recommended).

4. Announcements. Chair Levine announced that Mayor Fenty had toured the Chevy Chase Community Center with CCCA representative Nancy Wilson, Councilmember Cheh, Department of Parks and Recreation representatives, the contractors, and himself in response to issues regarding new flooding at the Community Center, possibly resulting from the current contractor’s work. He said that he hoped that the Mayor’s initiative would result in prompt corrective action. He further announced the pending Pepco rate increase and said notices were on the front table at the meeting. Commissioner Beach added that rate increases were pending for Washington Gas and DC WASA. Commissioner Seitz commended the DC Fire Department for watering trees recently planted at Pinehurst Circle. Commissioner Nolan again announced the July 12 CAC MPD Awards Banquet for outstanding community service.

5. Historic Designation of 3637 Patterson Street. Chair Levine briefly reviewed the situation at 3637 Patterson Street. At its May 14 meeting, the Commission voted 7-0 to support Blessed Sacrament’s application for a raze permit in order to establish a playground for its students. At that time, to the Commission’s knowledge, an application to designate the property as a Historic Landmark had not been filed and Historic Chevy Chase DC told the Commission that while it would like to preserve the house, it was not filing such an application. On the same date, Historic Washington Architecture had filed an application for historic landmark designation of the house and consequently, the question before the Commission for the July 9 meeting was whether or not to support the Historic Landmark Designation application. Mary Rowse, President of Historic Washington Architecture, summarized the case for the application: She stated that the house was of historical importance and more generally, the use of land was an important issue in an area that was undergoing community discussion about whether to become a Historic District. She noted the ongoing dialogue for and against the historic district on the Chevy Chase Community listserv and said that raze plans should await the outcome of the community’s and the DC Historic Preservation Board’s decisions. Father John Enzler, Monsignor of Blessed Sacrament Church, reiterated the case the Church had made previously: They had done “due diligence” with regard to historic concerns about the house and finding no cause, had proceeded with their plans to buy the property for green space for the Church’s students. He said the Church had no intention of using the property as anything other than a playground. Ms. Carolyn Brown, an attorney for Blessed Sacrament, listed several reasons why the property did not meet the criteria for a Historic Designation and why the application should not be misused as a land use tool. During lengthy questions and discussions with the Commissioners, among other information, an expert report prepared for Ms. Rowse was reviewed. The report concluded that the house did not meet any of the six criteria for landmark designation. Ms. Rowse criticized the expert’s competence and work. Substantial comment was received from the audience. Chair Levine offered a motion to send a letter noting the Commission’s opposition to the Historic Landmark Designation, noting (at Commissioner Beach’s urging) that this vote does not suggest any future position regarding the application of Historic Chevy Chase DC for a historic district within the community. The motion to oppose the application was agreed by a vote of 5-0-1 (Nolan abstaining). Chair Levine was appointed to represent the Commission at any and all hearings on the matter.

6. Closure of Alley Bounded by 33rd Street, Livingston Street, and Nebraska Avenue (Square 2024, File SO 05-1609). Commissioner Nolan reviewed the situation to date regarding the request for closing of the alley bounded by 33rd Street, Livingston Street, and Nebraska Avenue (behind 3240 Livingston Street). At the previous meeting on June 25, the owners of the alley lot/petitioners for the closure and the abutting neighbors, Mr. Crawford and Mr. Perretta, respectively, agreed to talk to officials at the Office of Zoning, the DC Surveyor, and the Office of Planning about the laws and rules regarding the use of alley lots. No clear outcome had emerged from those communications. Mr. Crawford, the owner of the lot and applicant gave his pledge to the Commission that he would negotiate a covenant for the alley lot that would preserve it as a green space if the alley was closed, but when pressed if the entirety of the alley lot would remain green, he stated he could not guarantee it as plans for a garage replacement would need to be finalized. He also could not guarantee that pledge if the alley closure petition was denied. Further, he would not agree to support the covenant with future legal fees should he be sued regarding the covenant. Given the uncertainty as to the use of the property and the alley, as well as the DC Council’s request that the Commission make its views known at its meeting July 9, Commissioner Nolan offered a motion to oppose the alley closure as it was opposed by the majority of neighbors and potential uses of the property were uncertain. Chair Levine offered a substitute motion which would support the alley closure so long as the Commission advised the DC Council that it did not have full information on potential land usage in this situation and that a covenant, as pledged by the owner, was put in place. The Levine motion received 2 votes (Levine and McCarthy) and was defeated. Commissioner Seitz stated that with all the uncertainty regarding the eventual disposition of the properties and the legalities involved, she was substituting a motion to Commissioner Nolan’s motion that the Commission send a letter to the DC Council asking for a delay of 90 days for the Commission’s views to be submitted, and further time for the parties to reach an agreement. Commissioner’s Seitz’s substitute motion was agreed to by vote of 5-1 (Levine opposed). The Seitz substitute motion now became the main motion and was agreed to by vote of 5-1 (Levine opposed).

7. Petition for Stop Signs at Oregon Avenue and Tennyson Street. Commissioner Thompson presented a petition signed by all of the residents of the immediate area of Oregon Avenue and Tennyson Street to have stop signs at this location so as to provide a safe crossing of Oregon Avenue to and from the Rock Creek Park. Additionally, this petition was supported by Knollwood, whose elderly residents are in need of such a stop sign in order to cross the road, as well as drivers needing to get into and out of the retirement facility. The Commission, by vote of 6-0, agreed to support the petition (which they had done on previous occasions) and to send a letter to DDOT.

8. Commission Business. Updates:

a. Commissioner Beach briefly listed the Office of Planning’s proposed conditions for the BZA Special Exception for the Safeway parking lot and proposed several alternatives. By vote of 6-0 the Commission agreed to Commissioner’s Beach’s commentary and agreed to send OP a letter to this effect while reiterating the conditions the Commission had voted in favor of at its June 25 meeting. b. Commissioner Beach also proposed the Commission support the intention of DDOT to not allow parking on the north side of Military Road from 27th Street to Nebraska Avenue. As this was a long-held position of the Commission, it agreed by vote of 6-0 to support DDOT and send a letter with attachments of the Commission’s past recommendations.
c. The April-June 2007 Quarterly Financial Report was approved by vote of 6-0.
d. The Minutes of the June 25, 2007 meeting were approved by vote of 6-0.
oo. Checks were approved by vote of 6-0: $39.16 Samantha Nolan ($4.76 Kinko’s and $34.40 Metro costs to meetings (itemized)); $144.42 Chevy Chase Bank (June fed w/holding).
e. Proposed items for Meeting of July 23, 2007 include: Renewal of liquor license for La Lomita Dos (#71155); Tennis at Lafayette Tennis Courts.
f. Proposed items for September 10 meeting: BZA Special Exception for 3222 Stephenson Place for a rear addition. (There will be no meetings in August).

9. Adjournment & Next Meeting. The meeting was adjourned at approximately 9:40PM. The next meeting of the Commission is scheduled for July 23, 2007.

Chair: Secretary:
___________________________ __________________________
Jerry Levine                                                 Allen Beach

 

MINUTES OF PUBLIC MEETING
July 23, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order by Chair Levine, who presided. Commissioners present: Levine, Fromboluti, McCarthy, Nolan, and Seitz. Absent: Beach and Thompson. Chair Levine welcomed Abby Frankson, Ward 3 Co-coordinator for the Mayor’s office; Kristen Barden, Councilmember Bowser’s staff; Zafra Stork, Councilmember Brown’s staff; Mary Ann Evans, Pepco representative, and former ANC 3/4G Commissioner Renshaw.

2. Attendees. Approximately 20 persons were present.

3. Agenda. By a vote of 5-0, the agenda was approved with two additions: an agreement to add, for informational purposes, the proposal to increase the Second District MPD to include PSA 306 (Dupont Circle et.al.), and a discussion of the noncompliance with BZA Order No. 17270 regarding property owned by Thomas and Kathryn Toggas at 3112 Legation Street along with the accompanying complaint filed by a neighbor, Joseph Dempsey, at 3114 Legation Street.

4. Announcements. Chair Levine noted the ground breaking at the Broad Branch Market the previous weekend which was attended by some 30 people including Councilmember Bowser, Chair Levine and Commissioner Nolan, as well as the daycare operator, (Wonders Day Care) which will operate out of the renovated market’s second floor.

Commissioner Nolan thanked the community for the successful support of the CAC banquet and awards dinner. She added that an emergency CAC meeting was scheduled for Wednesday, July 25, to discuss the proposed integration of PSA 306 with the MPD Second District.

Commissioner McCarthy commended DDOT for the repaving of McKinley Street in the 3800 and 3900 blocks to which DDOT had previously agreed to repave. They had also installed new ADA ramps at 41st Street and McKinley Street. Following up on this, Chair Levine said that the repaving had gone well beyond the Commission’s original request and had included a large stretch of McKinley Street which had been repaved within the last 18 months without any notification to the ANC or residents. He asked that the Commission send a letter to DDOT requesting that any paving—road or alley—be given prior notification to the ANC so that the affected residents could be informed. Other Commissioner agreed. Finally, Chair Levine noted that this would be the last ANC meeting until September 10.

5. Renewal of Liquor License for La Lomita Dos Mexican Restaurant (#71155) located at 5507 Connecticut Avenue. Representatives of La Lomita Dos were not present at the meeting which is the usual requirement for the ANC to give its opinion to the Alcohol Beverage Regulation Administration. However, Commissioners had heard no complaints regarding the establishment, and pending a meeting with the owner by Chair Levine, the Commission, by vote of 5-0 (a quorum being four), agreed to send a letter to the ABRA supporting the renewal of the liquor license.

6. Tennis at the Lafayette Courts. Chair Levine recommended that this issue be postponed until a later meeting because the parties involved, Department of Parks and Recreation and the users of the Lafayette tennis courts, were still in discussions of a mutually satisfactory solution to DPR’s recent decision to enforce a fee of $39 per hour on the use of DPR’s facilities. Chair Levine said that there had been two meetings with users and DPR, but a solution had not yet crystallized. He noted that Lafayette tennis instruction was well-established and served community members well and that instructors at the courts were quite willing to serve residents of other DPR facilities. Instructors would, however, be driven out of business if they had to pay the $39 hourly fee as they could not recoup this cost from lesson fees which normally run close to $40 per hour. It should be noted that the tennis instructors would not be the only ones affected by the imposition of fees: several exercise classes, and others using either the tennis courts or other DPR-regulated athletic facilities that serve residents could also be put in jeopardy.

7. Parking on South Side of Western Avenue (West of Chevy Chase Circle). Mr. Chester Hartman raised the issue of traffic and safety problems associated with parking on the south side of Western Avenue, just west of Connecticut Avenue. By email, he asked the Commission to look into the issue, but was unable to attend the meeting. Ms. Lisa McAuliffe, Director of the CCBC Children’s Center, located in the Baptist Church at 5671 Western Avenue, said that parking was illegal on the south side of Western Avenue after 4 PM and that prior to that time, the parking lane was used for pick up of the children after the center’s activities had finished. However, she noted that the pick up area was not located in the stretch of Western Avenue immediately west of the Circle. Because Mr. Hartman was not at the meeting, it was unclear from his email which part of Western Avenue he was referring to. After discussion, Commission McCarthy agreed to talk to Mr. Hartman to clarify the situation.

8. Toggas Property, 3112 Legation Street, BZA Complaint of Non-Compliance with BZA Order. Commissioner Nolan referred to a complaint of non-compliance to the BZA Order No. 17270 by owners of a property (Toggas) at 3112 Legation Street that the owners must erect a “seven foot high sight fence around the rear yard and southwest side of the property at 3112 Legation Street” by July 20, 2007. They had more than one year in which to construct this fence. The owners had failed to comply. She said that the owners of the next door property at 3114 Legation Street had filed the complaint because of hardship in not being able to use their property without such a fence due to the erosion that additions to the Toggas property had caused to their property. She also cited other incidents in which the Toggas property had failed to comply with BZA orders and questioned the enforcement of the BZA against the property. After discussion, the Commission, by vote of 5-0, agreed to send a letter to the Mayor with copies to City Administrator Dan Tangherlini, the BZA, DCRA, Councilmember Muriel Bowser, the complainants, and the property owner at 3112 Legation Street, requesting a status report on the enforcement by the BZA of complaints about the property.

9. Merging PSA 306 in the MPD Second District. Commissioner Nolan provided a summary of the issues involved in Police Chief Lanier’s recommendation that PSA 306, which includes parts of Connecticut Avenue and Dupont Circle to 14th Street, be merged into the Second District Police Force. Because of the much higher crime rates in PSA 306, the Chief is intending to relieve the pressures on the communications network for the Third District by moving PSA 306 into the Second District where crime is low and vital communication lines have capacity. Commissioner Nolan reported that Second District Commander Solberg and the Fraternal Order of Police were in favor of the merge and that officers, detectives and others from PSA 306 would be moved to the Second District so that the latter’s resources would not be strained. A Captain would be added to the Second District as well. A CAC meeting on July 25, at 7:00, at the 2nd District Police Station on Idaho Avenue, would continue discussion of the proposal. She urged all interested residents to attend. She said that she would report back to the Commission on the discussion at the next meeting.
10. Jelleff Boys and Girls Club Closure. The matter of the potential closure of the Jelleff Boys and Girls Club was briefly discussed. The ANC agreed to schedule the issue for further discussion when it becomes an active matter and when both the representatives of the Boys and Girls Club and interested community members are available to attend the ANC meeting.

11. Commission Business

a. The Commission agreed by vote of 5-0 that the Chevy Chase Community Center Advisory Committee could use $400 of its funds from the Commission’s previous grant to provide for bus transportation for an outing for its summer camp children
b. The Minutes of the July 9, 2007 meeting were approved by vote of 5-0 with a correction that Ms. Barden from Councilmember Bowser’s office had not been in attendance at that meeting.
c. Checks were approved by vote of 5-0: $70.00 Cindy Wood and $70.00 Shelby Stewart (signers at July 9 meeting); $191.30 Verizon (7/4 for 2 months).
d. Updates: Commissioner Fromboluti reported that the Historic Chevy Chase DC application would be out shortly. Chair Levine said that the Commission would meet informally to consider the process for drafting a survey which will go to affected residents soliciting their stance on the proposed historic district, and the selection of two dates in September for public meetings. A vote of the Commission could come in early October.
Chair Levine said that he would like Commissioners to review the ANC’s current grant procedures in the light of the DC Auditor reports to several ANCs asking specifically for an assessment of the number of residents benefiting directly from such grants. Commissioner Thompson was tasked with the review of our current grant form, and Commissioner McCarthy offered his suggestions in writing.
e. Proposed items for September 10 meeting: BZA Special Exception for 3222 Stephenson Place for a rear addition; Lafayette Park user fees; the status of testing the Morrison Street/Connecticut Avenue traffic light; the status of the request for the closure of an unimproved alley (Square 1872) bounded by Jocelyn and 38th Streets; a report on the CAC meeting on the merger of PSA 306 into the Second Police District; and a status report on graffiti.
f. Letters to be sent: DDOT re: advanced notification to the ANC for road and alley repaving; Alcohol Beverage Regulation Administration re: support for renewal of liquor license for La Lomita Dos; Mayor Fenty re: noncompliance of BZA order for the property at 3112 Legation Street; and DDOT re: status of study of Morrison/Connecticut traffic light.

12. Adjournment & Next Meeting. The meeting was adjourned at approximately 9 PM. The next meeting of the Commission is scheduled for September 10, 2007. There will be no meetings in August.

Chair: Secretary:
___________________________ __________________________
Jerry Levine                                                  Allen Beach

 

There were no meetings of ANC 3/4G in August 2007

 

MINUTES OF PUBLIC MEETING
September 10, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order by Chair Levine, who presided. Commissioners present: Levine, McCarthy, Beach, Nolan, Thompson, and Seitz. Absent: Fromboluti.

2. Attendees. Approximately 50 persons were present.

3. Agenda. By a vote of 6-0, the agenda was approved with two additions: vote on ANC letters/resolutions posting on ANC website and/or Chevy Chase Community Listserv and a check to Domain Registry for the ANC website listing.

4. Announcements. Commissioner Nolan noted the monthly meeting of the Citizens Advisory Committee (CAC) on Wednesday, September 26 at 7PM at the 2nd District Police Station and the September 25 meeting with officers from PSA 201 (also at the Second District station). Chair Levine announced that, subject to Commission approval (later granted by vote of 6-0), the Commission would have a two-hour hearing on the proposed Chevy Chase DC Historic District from 7:30-9:30 PM on September 24, following the Commission meeting, which he proposed as 7-7:30 PM. The Chair further noted that Councilmember Cheh had been on site to examine the landscaping and other issues at the Chevy Chase Community Center and that significant progress had been made although the provision for maintenance and up-keep, including the watering of new plantings was crucial.

5. Tennis at the Lafayette Park Courts. Chair Levine noted that the issue was “user fees” that the Department of Parks and Recreation were recommending be imposed on users of the tennis courts and other park facilities who were charging for their services while using the facilities of the Park. Paul Rosenbaum, a tennis instructor and resident, described the tennis program, which involves children from the community as well as adults. DPR’s recent decision to enforce a fee of $39 per hour on the use of DPR’s facilities would effectively make tennis instruction prohibitive. Chair Levine noted that Lafayette tennis instruction was well-established and served community members well and that he had received a large number of emails in support of the status quo. Ms. Sondra Ratliff (DPR Interim Director of Programs) spoke on the policies of DPR and fees. The City employs tennis pros who can teach on the courts for a very low fee. Several members of the audience supported the current tennis program, noting that the current instructors worked long hours (more than DPR’s hours of operation) and that in addition, saw to the cleaning and maintenance of the courts under all weather conditions. Speakers questioned why, if the current situation was functioning well and serving the community, it should be changed. DPR’s claim that it could supply tennis instructors at a reasonable price was questioned by those in the audience who noted that the current instructors had been serving the community for years and that they didn’t want new instructors. It was further noted that the tennis instructors would not be the only ones affected by the imposition of fees: several exercise classes, and others using either the tennis courts or other DPR-regulated athletic facilities that serve residents could also be put in jeopardy. It was agreed to work with the current instructors, and that DPR would further examine these issues and get back to the community and the ANC regarding regulations and fees for the use of Lafayette Park facilities.

6. DC WASA Report on Lead Pipe Replacement in Chevy Chase DC. A representative from the DC Water and Sewers Authority gave a brief presentation on the lead pipe replacement program which is currently in progress in several parts of Chevy Chase DC. He explained the difference between pipe replacement on “public space” and private land: DC WASA is replacing the lead pipes on public space, but residents with lead pipes extending beyond the public space into their house could contact DC WASA and pay for the cost of this replacement. (This is the homeowner’s option). Homeowners not able to pay for the pipe replacement are helped by several programs including low interest loans, payment plans, and other plans. He illustrated the issue with a series of representations of what “public space” and private property were and handed out a brochure which provided information for homeowners. Contacts are DC WASA at 202 787 2732 (Lead Service Hotline) and DCWASA’s 24 Hr. Emergency at 202 612 3400.

7. Report from Councilmember Muriel Bowser. Councilmember Bowser reported on several issues and events in Ward 4, including the fact that she indicated that she had followed closely the classroom needs at Lafayette School and pushed to get the portable classrooms completed before school opened. Someone from her office will be present at ANC meetings. If residents have questions for the Councilmember, they can contact her office at 724-8052 or her staff at 741-0914.

8. BZA Application #17682 for a Special Exception for a Side Addition at 3222 Stephenson Place. Mr. Renison, the owner of the property at 3222 Stephenson Place, explained his proposed addition to the side of his property. Because his lot is nonconforming (small rear yard), the side addition will not meet the requirements for the rear-yard setback. He said that he had discussed the proposed addition with the neighbors immediately adjacent to the property and taken care in the proposed design to avoid adversely affecting their properties. All neighbors, except one immediately next door who is holding the property in an estate, have supported the addition. Following discussion, the Commission agreed by vote of 6-0 to send a letter of support for the Special Exception to the BZA and appointed Commissioner Beach as its representative in any and all hearings on the matter.

9. Adoption of Historic District Survey Form and Dates for Public Hearings. Chair Levine proposed a motion that public hearings, to be held jointly with the Chevy Chase Citizens Association and ANC 3E, on the Chevy Chase DC Historic District be held on Monday, September 24 from 7:30-9:30 at the Chevy Chase Community Center, following a 7-7:30 PM meeting of the Commission. Included in this motion, he also proposed a second hearing on Saturday, October 6 at the Lisner Home, 5454 Western Avenue. He encouraged persons interested in testifying to sign up in advance by calling the ANC office at 363- 5803 or by email at chevychaseanc3@verizon.net, and said that preference to testify first would be given to persons residing in the proposed historic district. He also proposed that a representative of those for the district and those against be given 15 minutes at the outset of the meeting. After discussion, the Commission agreed to the motion by vote of 6-0. Chair Levine also proposed a motion to agree to the questionnaire to be sent to all residents of the proposed historic district and to the cost of about $2,500.00 for the duplication of the survey forms as well as inclusions of a map of the proposed district and 2 statements summarizing the arguments for and against the proposal and mailing costs. This would be sent to approximately 900 addresses within the proposed Historic District. This motion was agreed by vote of 7-0 (Fromboluti by written proxy).

10. Friends of Chevy Chase Park Proposal for New Children’s Playground Equipment. Commissioner Thompson briefly explained the plans for new equipment that will be added to the Chevy Chase Park (41st Street and Livingston Street) that were being presented for information only. Plans had been posted at the park and on the Chevy Chase Community listserv, and all comments would be considered.

11. Status of the Request for Closure of the Unimproved Alley Bounded by Jocelyn St., Kanawha St., Connecticut Ave., and 38th St. Chair Levine noted Commissioner Fromboluti’s update: Commissioner Fromboluti met with Councilmember Cheh on August 30, and she said that she thinks that DDOT will close the alley within the next month or so. He asked her to look into what would happen next: Would the neighbors have to pay the city for the land from the closed alley? If a neighbor bordering the alley does not want the additional land, could a neighbor on the other side of the alley buy it and how would that be worked out? Councilmember Cheh said she would look into these issues and get back to Commissioner Fromboluti.

12. Status Report on Graffiti Removal Program. This item was deferred until a future ANC meeting.

13. Commission Business

a. Updates: Commissioner McCarthy reported that he had received nothing of substance from DDOT regarding the testing of the traffic light at the intersection of Morrison Street and Connecticut Avenue. In addition to an evaluation of the current traffic light sequence of blinking red/yellow and full red at the intersection, the Commission is seeking an evaluation of a “normal traffic signal” green/yellow/red. Commissioner Nolan reported that the merger of PSA 306 with the Second Police District had been completed and that the 2nd District had received 70 officers, 6 sergeants, 2 lieutenants, and 1 captain as part of the merger. Commissioner Seitz reported that the ANC’s website was nearing completion, pending further discussions with the Executive Director, Office of the Advisory Neighborhood Commissions, Gottlieb Simon. She advised that the monthly web hosting fee by the provider recommended by Mr. Simon would be around $15.00. After discussion, and by vote of 6-0, this was agreed to. Chair Levine asked if any Commissioner wanted to move to post all letters and resolutions on the Chevy Chase Community Listserv, no Commissioners offered such a motion. Chair Levine then proposed that Commission correspondence and resolutions that appear in the minutes be posted on the website when it is completed. This motion was adopted by vote of 6-0. He then noted that the public would then be free to copy such letters and resolutions for their own use. Commissioner Nolan asked that a website connection be posted in all minutes to the listserv so people interested in reading letters would be able to ANC website with ease. This was agreed by vote of 6-0.
b. The Minutes of the July 23, 2007 meeting were approved by vote of 6-0 with an addition to note that the issue of the Jelleff Boys and Girls Club closures had been raised at the meeting but not reported in the minutes.
c. Checks were approved by vote of 6-0: $164.82 Chevy Chase Bank (Fed withholding July); $51.95 Chevy Chase Bank (Fed withholding August); $93.32 Verizon (8/4); $30.00 Domain Registry of America (website name).
d. Items for Meeting of September 24 include: 5509 33rd Street: Raze Permit and Resident Proposal; Meeting for regular ANC business 7-7:30 PM; 7:30 PM Public Hearing on Proposed Chevy Chase DC Historic Designation

14. Adjournment & Next Meeting. The meeting was adjourned at approximately 9:40 PM. The next meeting of the Commission is scheduled for September 24, 2007 at 7:00 PM to be followed by a public hearing on the proposed Historic District for Chevy Chase DC.

Chair: Secretary:
___________________________ __________________________
Jerry Levine                                                                          Allen Beach

MINUTES OF PUBLIC MEETING
September 24, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order at 7 PM by Chair Levine, who presided. Commissioners present: Levine, McCarthy, Beach, Nolan, Seitz, and Fromboluti. Commissioner Thompson subsequently arrived at 7:30 PM

2. Attendees. Approximately 80 persons were present.

3. Agenda. By a vote of 6-0, the agenda was approved.

4. Announcements. Commissioner Nolan announced that PSA 201 meetings would take place on the last Tuesday of each month at 8:00 PM and that CAC meetings would be on the fourth Wednesday of each month at 7:00 PM, both held at the Second Police District station at 3320 Idaho Ave., NW.

5. Raze Permit for 5509 33rd Street. Mr. Peter Lustig presented the Commission with his plans to raze a house at 5509 33rd Street which, by law, he may do as a matter of right. He said that he wanted to provide the Commission with information about the new house that will be built on the property because he did not want the community to worry that the replacement would be a “McMansion”. He said the new house would be a 4 bedroom/5 bath and would not be built to the maximum allowable on the lot size. He added that he would be happy to keep the community informed as the residence is built. Chair Levine thanked him for coming forward and keeping the community informed.

6. Commission Business

a. Updates: Report on Ward 4 Commissioners’ Meeting. Commissioner Beach reported that there were several criteria for reporting an abandoned vehicle parked on the street, including a car without current legal registration. Such vehicles, if reported could be towed. Commissioner Nolan said that Councilmember Bowser was holding a series of meetings with the presidents of citizens associations and ANCs in Ward 4 and DC agencies. One important topic was the dumping of rubbish in alleys and other clean-up problems. Commissioner Fromboluti reported that the closure of the unimproved alley bounded by Jocelyn Street, Kanawha Street, and Connecticut Avenue was approved by the Office of Planning.
b. The Minutes of the September 10, 2007 meeting were approved by vote of 5-0-1 (Fromboluti abstaining because he was not at the meeting).
c. Checks were approved by vote of 6-0: $94.12 Verizon (Sept. 4); $70.00 Shelby Stuart and $70.00 Cindy Wood (sign interpreters); $61.38 Allen Beach (petty cash: audio tapes $20.98; stamps $40.40).
d. Auditors Report Regarding Credit Card Usage for Commission expenditures. Commissioner Beach reported that the DC Auditors had disapproved credit card expenditure by the ANC because the charge had been incurred before the emergency bill authorizing credit card expenditures had gone into effect. He said that the Commission would have to cover the expenditure which amounted to $ 42.29.
e. Items for Meeting of October 24 include: Alley closing behind 3200 Livingston Street; BZA hearing on 3637 Patterson Street; Quarterly Financial Report.

7. Adjournment & Next Meeting. The meeting was adjourned at approximately 7:30 PM in order to hold a hearing on the proposed Chevy Chase Historic District. The next meeting of the Commission is scheduled for October 24, 2007 at 7:30 PM. Note: the Commission will not meet on October 8 as the building is closed for the Columbus Day holiday.

Chair: Secretary:
___________________________ __________________________
Jerry Levine                                                 Allen Beach

HEARING ON PROPOSED CHEVY CHASE HISTORIC DISTRICT

The hearing was called to order by Chair Levine at 7:30. He introduced the co-sponsors, Amy McVey and Lucy Eldridge of ANC 3E, which is part of the proposed Historic District, and Edward Hayes, the president of the Chevy Chase Citizens Association. David Maloney, the director of the Historic Preservation Office was given 5 minutes to speak. He said that the HPO is requesting a 6-month deferral of the filing by HCCDC (and any processing by HPO) of a HD nomination or application, as well as of the planned community survey by the two ANCs and the CCCA, in order to allow time for HPO to prepare and circulate “neighborhood-specific” design guidelines. Chair Levine indicated that he would publicize this via the Chevy Chase Community Listserv.

Mr. Robert Teare spoke for 15 minutes in favor of the proposed Historic District and Alan Seeber spoke for 15 minutes about why to oppose the designation. Following these two presentations approximately 23 residents (only one outside the proposed district) spoke. They were given 3 minutes each by the Chairs. Of these, five were in favor, one neutral, and 17 opposed. A list of speakers (and their statements, if written) is available from the ANC office.

After discussion about the proposed delay in filing for the Historic District, Chair Levine read the following conditions for the ANC 3/4G’s procedures for accepting this delay (as set out in his letter to HPO Director Maloney as quoted below):

1. Our group (ANC 3/4G, ANC 3E, and the CCCA) will conduct our previously-announced public hearing on Monday night, Sept. 24 concerning the HD. You will be allowed a brief slot of time to announce the HPO request for the six month deferral period. We will announce that we are seriously considering your request, that no final agreement has been reached, but that the basis for an understanding exists amongst the parties (presuming that HCCDC so indicates before Monday night).
2. Our group may decide to hold the previously-scheduled hearing of October 6th, but no decision has yet been made about this second hearing.
3. The previously planned and announced community survey to be undertaken by our group will be put on hold and deferred for the six month period you requested, that is, from approximately mid Sept. 2007 until mid-March, 2008.
4. During the six month deferral period, HPO will prepare draft “neighborhood-specific” historic preservation guidelines for the Chevy Chase neighborhood that will be widely circulated in our neighborhood and to all relevant organizations, including the three in our group, for review and comment.
5. Our group of organizations will be given a new 90-day period next year prior to the filing of an HD nomination application by HCCDC in which to hold the community survey and public hearings. At least 60 days of this 90-day period will NOT fall within the summer months of June-August, 2008.
6. During the six month deferral period, HPO will discourage (we understand you can not preclude) the filing of any HD nomination or application for Chevy Chase from HCCDC or any other party or organization. If for any reason such a nomination or application is received by HPO, HPO agrees that it will not process the nomination or application during the six month deferral period.
7. After the six month deferral period, regardless of whether or not the new HPO guidelines for Chevy Chase have been adopted or finalized, and regardless of the status of any HD nomination or application at such time from HCCDC or any other party, our group will have, retain and reserve the sole right in our discretion to conduct one or more community surveys and/or public hearings or other public meetings concerning the historic district concept or proposals for Chevy Chase.

The ANC 3/4G Commissioners, after discussion, agreed to these conditions by vote of 7-0.

The hearing was adjourned at 9:30 PM

MINUTES OF PUBLIC MEETING
October 22, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair Levine, who presided. Commissioners present: Levine, Fromboluti, Beach, Nolan, McCarthy and Seitz. Absent: Thompson

2. Attendees. Approximately 55 persons were present.

3. Agenda. After several additions were agreed to, Commissioner Beach moved to amend
the agenda item concerning BZA Application #17718 (special exception at 3637 Patterson Street), to limit the matter to discussion only with no vote to be taken at this meeting. After discussion, the motion to preclude a vote on the matter at this meeting was defeated by vote for 1 (Fromboluti) against 4 (Levine, Beach, McCarthy and Seitz) and abstain 1 (Nolan). The agenda was agreed to by vote of 6 – 0

4. Announcements. Chair Levine announced that the ANC will hold only two more meeting this year (November 26 and December 10), due to conflicts with holidays. The Community Center is a public building, and is closed on federal holidays. Commissioner Nolan reminded all of the Police PSA 201 meeting on October 23 at 8 PM and the 2D CAC meeting on October 24 at 7 PM, both at the 2nd District police station.

5. BZA Application #17738 for a Special Exception under Section 223 for a rear addition to a single family dwelling at 3400 Patterson Street, NW. The applicant Mr. Alan Karchmer reviewed the project and need for this special exception. He indicated that all neighbors supported this exception. This small exception is needed in part due to the irregular shape of the lot. After discussion, the Commission voted 6 – 0 to support the application for a special exception, to send a letter to the BZA in support of this special exception, to appoint Commissioner Levine as the ANC representative.

6. BZA Application #17718 for a Special Exception under Section 206 for a new recreational playing field to serve an existing private school, Blessed Sacrament, in the R-1-B District at 3637 Patterson Street, NW. Commissioner Levine reviewed the background of this application. Attorney Carolyn Brown and Father John spoke on behalf of Blessed Sacrament. Father John agreed to consider a number of matters of concern raised by Commissioners, including the hours of construction, limiting or precluding weekend work, not raising the cap on the number of school children, locking the playground gates, etc. Father John also agreed to work with the neighbors on both sides of the field to make sure there are adequate borders to buffer any noise from the playground. The Church also addressed the neighbors and agreed to work out all concerns. Comments by the public supported the new playground, and the need to accommodate the nearby neighbors. One neighbor objected to the ANC acting on this matter at this meeting, saying that there is no need to proceed now, as there was ample time before the BZA hearing. After continued discussion, Commissioner Levine moved to have the Commission vote on this special exception at this meeting. The Commissioners agreed to this motion by vote of 6 – 0. Commissioner Levine then moved that the ANC send a letter to the BZA in support of this Special Exception and that Commissioner Levine would be named as the ANC representative for this matter. After discussion, the motion was agreed to by vote of 7 – 0 (Commission Thompson’s proxy vote included).

7. Alley Closing behind 3200 Livingston Street. Commissioner Nolan reviewed the previous discussion, concerning issues and DC Council legislation to close the alley (Bill 17-191, closing of a public alley in Square 2024, SO.05-1609, Act of 2007). The Council had deferred action on the bill for 90 days to allow the ANC time to have a meaningful discussion and review of the proposal. Mr. Tim Crawford, the Applicant of the alley closing, discussed the proposal and effect on his property (being able to combine two properties). Neighbors provided their views as well. It appeared that some 6 neighbors supported the proposal (including the two property owners who would have alley space added to their properties), while some 13 alley neighbors had signed a petition against the closing. It was understood that the DC Council would bring up this bill on Tuesday, October 23, which meant that action by the ANC was needed at this meeting. After discussion, Commissioner Nolan moved that the ANC send a letter to the Council opposed to the closing of the alley and naming Commissioner Nolan as the ANC representative for this matter. Chair Levine initially ruled that the proxy received from Commissioner Thompson was unclear as to his position if he had been at the meeting and known of the split in the neighborhood views on the alley closing, and thus the proxy should not be counted in the vote. However, immediately subsequent to the meeting, the Chair reviewed the email correspondence with Commissioner Thompson and reversed the prior ruling to count the Thompson proxy against the alley closing. The initial vote on the matter, 4 in favor (Fromboluti, Beach, Nolan and Seitz) and 2 against (Levine, McCarthy), was changed to 5 for and 2 against. (It was learned that the bill on this alley closing was removed from the agenda of the DC Council on October 23 by Chair Gray.)

8. Pepco Report on Electrical and Tree Work in Areas Bounded by 33rd, 32nd, Legation, and Quesada Streets with 2 Blocks on Northampton Street at the southern end. Pepco representatives described the program and introduced Vincent Orange, who is now working with Pepco. Pepco will be installing new higher poles (55 ft. approximately for the current 35 ft. poles and new wires.) (Similar polls have been installed in other DC areas.) They also reported on expected pruning and removal of approximately up to 5 trees in the area. Due to time constraints the Pepco representative agreed to return at a future meeting to discuss any problems with this new program. Specific trees were discussed and Pepco agreed to look at those trees and report back to the Commission for that street.

9. Commission Business

a. Updates: Letter of support for ANC use of credit cards to pay for Commission related business has been sent, based on an email vote, to DC Council.
b. By vote of 6 – 0 the Quarterly July-September 2007 financial report was approved.
c. A proposed FY08 Commission Budget was circulated and approved by vote of 6 – 0.
d. The Minutes of the September 24, 2007 meeting were approved by vote of 6- 0
e. The following checks were approved by vote of 6-0: $151.55 Chevy Chase Bank (September w/holding); $29.84 DOES (Unemployment tax July-Sept); $105.00 Cindy Woods and $105.00 Shelby Stuart (sign interpreters Sept. 24 meeting) $95.51 Verizon (10/4) $107.97 Office Depot (office supplies) $80.00 DC Access (Internet start up fee, and fee for Oct and Nov @$15.00 each.
f. Items for Meeting of November 26 include: DDOT report on status of Morrison Street traffic light, Friendship Heights Task Force Report.

7. Adjournment & Next Meeting. The meeting was adjourned at approximately 9:30 PM. The next meeting of the Commission is scheduled for November 26, 2007 at 7:30 PM. .

Chair: Secretary:
___________________________ __________________________
Jerry Levine Allen Beach

MINUTES OF PUBLIC MEETING
November 26, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair Levine, who presided. Commissioners present: Levine, Fromboluti, Beach, Nolan, McCarthy and Thompson. Absent: Seitz

2. Attendees. Approximately 50 persons were present.

3. Agenda. The agenda was modified by postponing the report on the Friendship Heights Task Force and the adding short reports on DDOT projects for the next fiscal year in Chevy Chase and on a meeting on Rock Creek Park construction. The modified agenda was agreed to by a vote of 6 – 0.

4. Announcements. Chair Levine noted that his wife had supplied a balloon and refreshments to celebrate his birthday and invited attendees to help themselves. Commissioner Nolan announced two police-community meetings: a PSA 201 meeting on Tuesday night, November 27, and a CAC meeting on Wednesday evening November 28, both at the Second District Police Station. Also announced was the MPD CAC Holiday Party at the Second District station on December 13 (6-9 pm). She further noted that the police were sponsoring a coat drive and that the Second District Police Station would collect gently used or new winter coats in a bin at the station on Idaho Avenue through December 12.

5. DDOT Report on Experimental Traffic Light at Connecticut Avenue and Morrison Street. Several members of DDOT’s staff and a consultant introduced themselves to discuss the experimental traffic light and the reconstruction of Oregon Avenue. George Branyan of DDOT gave a brief presentation of the DDOT report on the Connecticut Avenue/Morrison Street traffic light. He presented data on certain one-hour periods before installation (when there was no light of any kind) and after installation of the experimental traffic light (8 -9 AM, 12 -1 PM, and 5 -6 PM) on Thursday-Sunday, February 22- February 25, 2007 and Thursday-Sunday, October 4-October 7. For these certain one-hour periods, DDOT viewed and interpreted traffic volumes on Connecticut Avenue, the number of cars queuing at the intersections of Livingston Street and McKinley Street at the Connecticut Avenue intersection, the number of times that traffic blocked the intersection, the number of traffic violations, the number of “pedestrians- vehicle conflicts” (i.e., the number of pedestrians in the crosswalk in the “before” period as opposed to the number crossing against the traffic signal in the “after” period; this is not a reference to pedestrians being struck), and the number of crashes over a four-year period. DDOT staff concluded that the current signal configuration should remain in place for an additional study period in order to collect further data.

The Commissioners all agreed that pedestrian safety was paramount, but most believed that the current configuration was not necessarily optimal because traffic and pedestrians found the present situation confusing which could lead to accidents, while the predictability of a normal light would optimize safety for pedestrians and drivers alike. Commissioner Nolan voiced support for the current light because she thought it was the safest configuration for pedestrians. Regarding the DDOT report and conclusions, Chair Levine noted that the crash data were not applicable and that the number of illegal turns and crossings were greater in “after” than in the “before” period. Commissioner Fromboluti pointed out that under the present configuration cars on Morrison Street have a difficult time accessing Connecticut Avenue as the only time this is allowed is when the light is flashing red for Morrison Street. Since this cycle corresponds to green lights for Connecticut Avenue traffic at Livingston and McKinley Streets thus making it almost impossible for Morrison Street traffic to cross or turn left onto Connecticut Avenue when traffic on Connecticut Avenue is heavy. A member of the audience echoed his view, saying that everyone expected that by queuing up [on Morrison] that they would get their turn to get onto Connecticut Avenue, but that with the all-red light, this was not happening and that drivers were getting frustrated and moving into the intersection on red lights. Also as a result, as Commissioner Levine noted, Morrison St. traffic has diverted to Livingston St. and McKinley St., to the detriment of residents on those streets. Commissioner Beach asked for information on the traffic volumes on Morrison Street in the “before” and “after” periods which were not supplied in the handouts. These were provided as follows:

“Before” “After” (October 4)
AM 67 21
Midday 74 60
PM 94 54

Commissioners McCarthy and Thompson pointed out that the DDOT sample size was too small to clarify the actual situation or problems at the inter-related intersections (Livingston, Morrison, and McKinley) and that the results did not show a justification for the current configuration. DDOT agreed that its sample size to date is not “statistically significant” and that no conclusions can be reached from the data. DDOT explained that the “vehicle/pedestrian conflicts” data was a result of subjective interpretation (from someone watching a DVD) and that such interpretation can vary significantly depending on who is watching. Chair Levine re-iterated the Commission’s previous majority position that there should be a second test of the intersection with a normally functioning traffic light (green-yellow-red).

Members of the audience expressed differing views: Morrison Street residents in favor of the current configuration that reduces traffic flow on their street said that a regular cycle traffic light would increase that street’s traffic. Others argued that the experimental light is confusing, that it has led to an increase of traffic on near-by streets, that vehicles are confused, and that several merchants are finding that traffic congestion on the weekend impacts sales.

After further discussion, the Commission voted 5-1 (Nolan against) to send a letter to DDOT that stated (a) support for DDOT’s decision to continue its study of the experimental light, but for no longer than March 2008; (b) DDOT data should be updated by January 2008 for further review by the ANC; (c) the study criteria should be specific and objective; and (d) most importantly, after March 2008, DDOT should undertake testing of a normal green-yellow-red cycle, possibly modified to give a short pedestrian only cycle as is done at some intersections in Georgetown. The letter would also state that the ANC believes that it is important to compare the current experimental light with a normal green-yellow-red cycle (possibly modified) before a final decision is made regarding the light. Commissioner Nolan opposed the motion due to her belief that the normal three-cycle light would be less safe for pedestrians than the current pedestrian-activated signal.

6. DDOT Report on Resurfacing of Oregon Avenue. Mr. Wolde Makonnen of DDOT presented the Commission with the conceptual plans for the reconstruction of Oregon Avenue (from Military Rd. to Western Ave.). The reconstruction will include installing a continuous sidewalk on the west/residential side of the road, new gutters and curbs, drainage improvements, storm water management, replacing the bridge over the Pinehurst Run, and upgrading streetlights. The construction will receive federal funds, is anticipated to begin in the early spring of 2009, and will last approximately one year. DDOT explained that any construction will be coordinated with the reconstruction of Nebraska Avenue because road closings on both roads at the same time would result in severe traffic congestion and spillovers into neighborhood streets. Commissioners had questions about the road surface materials (asphalt), how the sidewalk would work with the steep hills along parts of the road, how the sidewalk might impact trees, changes in parking (none), and possible pedestrian crossings into the park. The construction of the continuous sidewalk was the chief concern of residents attending the meeting. Several voiced support for the sidewalk (a safe area to walk to public transportation), while others said they would lose part of their front property and trees if a sidewalk is built (areas of ownership by the City are defined on maps provided). Commissioner Fromboluti noted that the present situation had a feeling of a “country road” and that the reconstruction will make Oregon Avenue feel more like a city street with granite curbs, brick gutters, and six foot sidewalks. Chair Levine reiterated that DDOT needs to address each homeowner concerns on Oregon Avenue before they draw up their 65 percent plan (which would show a foot-by-foot description of the proposed work) over the next six months. Mr. Don Goffredi, General Engineer for DDOT, agreed that this would be done and reiterated DDOT’s willingness to work with each individual property owner to address their specific property issues. Mr. Makonnen can be reached by telephone at 671-4589 or at wolde.makonnen@dc.gov. Mr. Goffredi’s telephone number is 671-4662 or donald.goffredi@dc.gov.

7. Commission Business

a. Updates: Commissioner Fromboluti reported on the November 7 DDOT meeting regarding plans for Ward 3. He said that the repaving of Ingomar Street between 38th and Reno Road was almost complete; that the repaving of 38th Street between Reno Road and Military Road, which he had sought for several years, was scheduled to be done in the spring of 2008; that curbs on Harrison Street between Reno Road and Connecticut Avenue would be done in FY 2008: and that curb work would be done on several blocks of Livingston Street, east of Connecticut Avenue. Commissioner Beach reported on the meeting with Councilmembers Cheh and Bowser regarding the rehabilitation of the Rock Creek Parkway, a major commuter route for many residents. He said that work between P Street and Virginia Avenue was mostly completed, although Pepco still had to complete work. In FY 2010, similar curb and drainage work would be undertaken between P Street and Calvert Street. Commissioner Beach also noted that a Zoning Commission task force was reviewing all the city’s zoning codes with a view toward major revisions in regulations. Commissioner Beach agreed that the office would follow this issue carefully.
b. By vote of 6 – 0 the Annual Report for Fiscal Year 2007 was approved.
c. The Minutes of the October 22, 2007 meeting were approved by vote of 6- 0
d. The following checks were approved by vote of 6-0: $28.54 Jim McCarthy (supplies re HD survey); $95.51 Verizon (10/4); $107.97 Office Depot (office supplies); $80.00 DC Access (ANC Web); $803.95 Xerox (copy machine repair), $93.57 Verizon (11/4); $513.00 Xerox (copy machine repair).
e. Receipt of final two allotments for FY 07 on October 2 of $9,867.61 was acknowledged.
f. Items for Meeting of December 10 include: Shoemaker Home sale, Report on Friendship Heights Task Force.
g. Chair Levine noted that the December 10 meeting would be the last of the year and that the next meeting following that would be the second Monday in January.

7. Adjournment & Next Meeting. The meeting was adjourned at approximately 9:30 PM. The next meeting of the Commission is scheduled for December 10, 2007 at 7:30 PM. .

Chair: Secretary:
___________________________ __________________________
Jerry Levine Allen Beach

MINUTES OF PUBLIC MEETING
December 10, 2007
CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair Levine, who presided. Commissioners present: Levine, Fromboluti, Beach, Nolan, McCarthy and Seitz. Absent: Thompson.

2. Attendees. Approximately 20 persons were present.

3. Agenda. The agenda was modified by adding an item on the leak in a bathroom at the Chevy Chase Community Center which is causing deterioration in the ceiling. The modified agenda was agreed to by a vote of 6 – 0.

4. Announcements. Commissioner Nolan announced a CAC Second District holiday party December 13 from 6-9 PM at the Second District headquarters on Idaho Avenue, NW.

5. Shoemaker House. Sandy Douglass, the CEO and Ralph Mitchell the Board Chairman, of the Methodist Home, made a presentation regarding the Methodist Home’s future use of the property, the sale of which will be completed about March 15, 2008. They anticipate a number of internal changes to bring rooms with bathrooms up to industry standards. Currently, there are dorm style communal bathrooms. She indicated that the only external structural change would be to add a second floor in the center section to create a two story building all the way around the three sections. She indicated that the facility could be used for new Alzheimer’s and/or assisted living patients, who would not be transfers from the Connecticut Avenue facility.

At this point, upon questions, the representatives of the Methodist Home indicated that they did not expect any construction that would require BZA actions. Commissioner Nolan observed that the grandfathered exemptions would remain in effect for only three years, following the last patient’s leaving from the Shoemaker Home. Ms. Douglass and Mr. Mitchell stated that they hope they will be able to use that exception without having to go before the BZA, which would take another year to process. The ANC would be involved with any applications. A neighbor concerned with noise at the location asked, as the building has no air conditioning, where would a/c units be installed. Both representatives were involved in the expansion of the Methodist Home on Connecticut Avenue and are aware of neighbors’ concerns, both before and after construction. They placed the AC units on the roof of the buildings at that site and surrounded them with concrete shelters to block any noise for the neighbors. A neighbor pointed out that during the construction of the Presbyterian Home on Military Road expansion that a neighborhood committee was formed and worked with that institution. Ms. Douglass indicated that she would be glad to have a similar committee and did so at their previous construction location. Chair Levine appointed Commissioner Nolan as the ANC representative to the Committee.

6. Friendship Heights Task Force. Commissioner Seitz reported on recent meetings of the Task Force, and safety committee. It is clear that traffic improvements are still needed for Wisconsin and Western Avenues. The Community Center is scheduled to be opened in 2008, followed by the residential units. Phase C will include office space as well as Whole Foods, set to open in 2009.

7. Chevy Chase Community Center. Commissioner Beach reviewed several problems at the Chevy Chase Community Center including the leak in the second floor ladies bathroom and a non-working elevator, which renders the building out of compliance with ADA requirements. It was agreed that the secretariat would take appropriate action, and write letters as needed. Kristen Barden of Ward 4 Councilmember Muriel Bowser’s office stated that she would contact officials and report the problems too.

8. Commission Business

a. The Minutes of the November 26, 2007 meeting were approved by vote of 6- 0
b. The following checks were approved by vote of 6-0: $70.00 Cindy Wood and $70.00 Shelby Stuart (signers Nov. 26 meeting); $131.16 Chevy Chase Bank (fed w/holding Nov.); $31.49 Diane Werneke (new office answering machine); $62.43 Allen Beach (petty cash—postage $36.06 and $26.37 tapes).
c. Meeting dates in 2008 were agreed to as follows: January 14, 28; February 11, 25; March 10, 24; April 14, 28; May 12; June 9, 23; July 14, 28; September 8, 22; October 27; November 10, 24; December 8. A concern was raised regarding meetings cancelled due to snow or other factors and how such meetings are to be re-scheduled. The Chair pointed out that there was no easy solution due in part to notice requirements (7 days) and the assembling of the Commissioners. Commissioner Nolan suggesting calling individual Commissioners on the day of snow to check the status of the building for cancellations.
d. Commissioner Beach reported on the cosmetic change to the building plans submitted to the BZA in regard to the property at 3222 Stephenson Place which was the result of on-going consultations with neighbors adjacent to the property.
e. Items for Meeting of January 14 include: Election of new officers; Reconfirmation of By-laws; BZA variance for a property at 6343 Utah Avenue; and possibly the Methodist Home architectural drawings.
f. Commissioner McCarthy, having noticed all year that the Chair was using a crab hammer for a gavel, presented the Chair with a proper and inscribed gavel for ANC meetings. With that, the Chair thanked Commissioner McCarthy and gaveled the adjournment of the meeting.

9. Adjournment & Next Meeting. The meeting was adjourned at approximately 8:35 PM. The next meeting of the Commission is scheduled for January 14, 2008 at 7:30 PM. .

Chair: Secretary:
___________________________ __________________________
Jerry Levine Allen Beach