2013

Minutes of Public Meeting
January 14, 2013
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 Thompson. Commissioners present: Thompson, McCarthy, Beach, Engel, Griffin, Cook, and Speck. A quorum was declared.

2. Attendees. Approximately 30 persons were present.

3. Agenda. The agenda was agreed by vote of 7-0.

4. Commissioner Announcements. Chair Thompson welcomed Randy Speck, the new Commissioner for ANC 3/4G03 who replaces Peggy Sewell. He also thanked Commissioners and members of the Chevy Chase community for their support during his tenure as Chair. He announced that the 400-year old oak tree in the 2800 block of Northampton Street would receive special attention from Urban Forestry (DDOT) in its care and maintenance, which the Commission had recommended. They will begin by cabling the tree’s limbs. He added that the Commission will continue to pursue the request for the installation of a stop sign at Utah Avenue and Northampton Street. It was also announced that the Office of Planning would be holding another meeting on the zoning regulations in Ward 4 at the Tacoma Education Center at 6:30 PM on Wednesday, January 16, 2013.

5. Community Announcements. None

6. Election of 2012 ANC 3/4G Officers. Commissioner Engel nominated the following slate of officers for 2011: Jim McCarthy for Chair; Gary Thompson for Vice Chair; Allen Beach for Secretary and Treasurer. There were no comments from the Commissioners or members of the audience. The vote was agreed to 7-0. Chair Thompson thanked his fellow Commissioners and also applauded the indispensable work of Commissioner Beach who as ANC Treasurer and Secretary has tended to the day-to-day office financial work of the Commission in addition to his general work for the ANC.

7. Adoption of By-Laws. By vote of 7-0 the Commission agreed to adopt the By-Laws of 2013, which were unchanged from 2012.

8. ANC Security Fund. By vote of 7-0, the Commission passed a resolution that stated “Resolved that this Commission approves the ANC’s participation in the Advisory Neighborhood Commission Security Fund and authorizes the Treasurer to pay the $25 fee for the period January 1, 2013 through December 31, 2013.”

9. Further Discussion of Cafritz Property Development (5333 Connecticut Avenue). Commissioner Griffin commented briefly on the January 3 meeting on the Cafritz property at 5333 Connecticut Avenue which had been organized by Richard Graham, head of the 5333 Connecticut Neighborhood Coalition and attended by Councilmember Cheh. Originally, the meeting was planned by Councilmember Cheh, but she had postponed it in order to have the developers and city officials present. That meeting is tentatively scheduled for January 23. Mr. Graham noted the very large turnout by residents at the January 3 meeting and the issues to be addressed which were not addressed in the DCRA/OP letter to the Commission dated January 2. Mr. Graham noted that there were factual errors in the January 2 letter as well as the unresolved issues. He noted that the recourse available to residents was first, the willingness of the developers to negotiate with the community, and if this were not productive, legal challenges. Robert Gordon, former ANC Chair and member of the 5333 Connecticut Neighborhood Coalition asked the ANC for assistance in three areas: 1.access to all ANC documents on the original negotiations regarding the PUD for the property, to which the Commission agreed; 2. an ANC letter to DDOT requesting a comprehensive traffic study as a result of the property’s proposed development; and 3. an independent zoning expert to study the matter to be hired by the ANC.

After discussion, the ANC agreed to a motion to draft and a letter to DDOT requesting the traffic study, including the impacts of use of the alley between Military Road and Kanawha Street, traffic on Military Road and surrounding streets, and parking in the neighborhood. Councilmember Cheh has also asked DDOT for such a study. The motion was agreed to by vote of 6-0-1 (Thompson recusing himself because his law firm is tangentially involved with the development). Regarding the hiring of an independent zoning expert, the Commission said that it did not have the resources to contract with such an individual, which would probably cost some $300 per hour. As an alternative, Commissioner Engel suggested that the ANC reiterate its request for a meeting with the Zoning Administrator. Commissioner Speck agreed to follow-up on this.

After further discussion, it was agreed by vote of 6-0-1 (Thompson recusing) that Commissioner Griffin would draft a letter to the Cafritz developers regarding their need to consider community input and the concerns about the proposed development plans, including previous negotiations with the community over the PUD that was granted in 1992, the use of the small alley as access to the building, and parking issues raised by the proposed development. A member of the audience also suggested that the Commission solicit the views of ANC 3F, which is also concerned about the development.

Further ANC discussion and actions at the next ANC meeting January 28 will take account of the meeting proposed for January 23.

10. ANC Position on Proposed Changes to Zoning Regulations. Commissioner Speck introduced his draft letter which reviews and reiterates the ANC’s suggested modifications to the Office of Planning’s draft zoning regulations. It is a follow-up to the ANC’s June 12 letter to OP. The proposed draft covers the height measurement (requesting again an absolute limit on heights), side-yard set-backs, Accessory Dwelling Units (ADUs), parking requirements, and transit zones. OP’s current version of the side-yard set-backs now conforms to what the ANC had suggested, namely that they remain at eight feet with the provision that that any existing non-conforming set-back can be extended as a matter of right. Regarding ADUs, Commissioner Engel proposed an amendment that all detached ADUs be subject to the “special exception” rather than OP’s proposal to grant existing structures “matter of right” status. This amdnement was agreed to by vote of 7-0. The Commission noted that the OP proposal on parking dropped the current requirement that parking space be provided for units of ten or less. Commissioners tended to oppose this. Further, the Commission said that the proposed zoning regulations should explicitly recognize that ANC opinions be given “great weight” and that the draft re-iterate that upper Connecticut Avenue is not considered as a “transit zone”, which would entail many changes to the zoning in the Chevy Chase area of Connecticut Avenue. The Commission also strongly supported the proposition that in R5-D zones, so-called “large track” development regulations should be the same for commercial and residential development. Currently, any project that has a commercial component requires a review while residential development does not unless it exceeds 3 acres. It was agreed by vote of 7-0 to discuss the Commission’s revised draft letter and vote on it at the next meeting on January 28.

11. Grant Request by Three60World. Commissioner Griffin reported that the grant application (for flower delivery to Regency House and the cost of training for this project) was being re-drafted so as to comply with the DC Auditor’s rules regarding grants. The revised proposal will be presented at a future meeting.

12. Commission Business.
a. ANC 3/4G Meeting Dates for 2013. The ANC 3/4G generally meets on the second and fourth Mondays of the month, except for public holidays, and, by custom, not in August, although a meeting may be scheduled if needed by the call of the Chair. For 2012, the Commission agreed by vote of 7-0 to the following dates:
January 14, 28;
February 11, 25;
March 11, 25;
April 8, 22;
May 13;
June 10, 24;
July 8, 22;
September 9, 23;
October 28;
November 25;
December 9.

b. The Minutes of the December 10 public meeting were approved by vote of 6-0-1. (Commissioner Thompson was absent).

c. Checks: The ANC approved by vote of 7-0 checks for: $25.00 (ANC Security Fund); $69.16 (IRS w/holding Dec.); $38.01 (DOES-Unemployment Insurance Oct.-Dec.); $253.60 (DC Treasurer-DC tax w/holding 2012); $214.03 (Canon Financial Services-copier rental- Jan.-Mar. 2013); $99.74 (Verizon-Jan.); $90.27 (Office Depot-supplies); $25.00 (ANC Security Fund).

d. Partial allotment received – $509.80.

e. Items for the next meeting on January 28 include: discussion of the proposed changes to the zoning regulations; discussion of the 5333 Connecticut Avenue property; BZA application 18520 for a Special Exception to allow a front porch addition at 5507 Broad Branch Road; Office of People’s Counsel presentation; and Quarterly Report.

The meeting was adjourned at approximately 9:30pm.

The next scheduled meeting of the Commission is Monday, January 28, 2013 at 7:30 pm.

Signed
Jim McCarthy Allen Beach
Chair Secretary and Treasurer

Minutes of Public Meeting
January 28, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair McCarthy. Commissioners present: McCarthy, Thompson, Beach, Engel, Griffin, Cook, and Speck. A quorum was declared.

Attendees. Approximately 40 persons were present.

Agenda. The agenda was agreed by vote of 7-0.

Commissioner Announcements. Commissioner Thompson announced the DDOT/Federal Highway Administration release of its 778 page Final Environmental Assessment of the reconstruction of Oregon Avenue between Western Avenue and Military Road (which he had read). The Assessment found no adverse environmental impacts which means the project can proceed, consistent with the sensitivities of Rock Creek Park. The document can be found at http://www.oregonavea.com. It is alternative #3 as originally set out by DDOT.

He briefly summarized the report: full reconstruction of the roadway between Military Road and Nebraska Avenue (without altering the dimensions/curves of the road); road improvements from Nebraska to Western; the addition of curbs and gutters; narrow sidewalks (6’north of Nebraska and 5’ south of Nebraska); retaining walls as necessary; storm water/drainage improvements; repair of the Pinehurst culvert; minimization of tree loss (and the addition of new trees); and overall adherence to the aesthetic of the road. There will be no bike lanes. The time line is about one year before construction is undertaken. First, in consultation with residents, DDOT will release partially completed plans for public comment. Second, a revised plan will be issued, again for public comment. The plans are then to be finalized and put out for construction bid. Once construction starts, it is estimated that the duration will be about two years.

As actual plans emerge, DDOT will work closely with each homeowner to address specific property issues. Ms. Judi Gold of Councilmember Bowser’s office added that they would be monitoring plans closely.

Community Announcements. In addition to Ms. Gold, representatives for Councilmember Cheh’s office (Leah Singleton) and the Mayor’s liaison (Michael Fabricant) introduced themselves.

BZA Application 18520 for a Special Exception for a front porch at 5507 Broad Branch Road. Commissioner Speck explained that the purpose of the application by the owners for a Special Exception was to build a front porch that would be an extension of the line of house (but doesn’t meet the current side yard requirements). There was no objection from near-by neighbors. Commissioner Speck’s motion to send a letter of support for the application to the BZA was agreed by vote of 7-0 and he was appointed to represent the Commission at any and all BZA hearings.

Office of People’s Counsel. Mr. Lawrence Jones, policy analyst at the Office of People’s Counsel explained briefly the Office’s mandates: to represent the community before utility matters brought to the Public Service Commission (PSC); to educate the public on these matters; and to respond to consumer complaints. The Office’s legal team and consumer representatives advocate for consumers in matters involving Washington Gas, Pepco, and Verizon. With respect to Washington Gas, he said that the Office was opposing a rate increase before the PSC (Case 1093). It is also looking into the safety and health issues that may be relevant to the installation of Smart Meters by Pepco. Regarding Verizon issues, reliability and the quality of service are the chief concerns that they are studying in connection with a case (1102) before the PSC. A representative from Verizon, Mr. Lawrence Graham, said that the company was working with interested parties in this investigation. Further, he noted that customers can keep their “copper wire” service if they choose to do so. Commissioner Cook suggested that Verizon set up a website that aimed to educate the public about its options and the pros and cons of FIOS (fiber optics) versus copper wiring.

Further Discussion of Cafrtiz Property Development. Commissioner Thompson began the discussion of the Ivy City case, in which the DC government proceeded with a major bus depot development without consultation with the ANC for that jurisdiction (or the completion of an environmental study). When the development was protested, the DC Court enjoined the project, forcing the City to go back and do these two things. Commissioner Thompson pointed out that the issue of the ANC consultation process as specified by the Court and defined by DC Code goes to the core of the ANC mission, namely the right of the ANC to be provided with notice and to weigh in on any matter affecting its area, hold public hearings, and issue written recommendations, and its views should be given “great weight”. The City must also articulate its reasons in writing as to whether it will or will not follow the ANC and must send its decision promptly to the ANC. Currently, the City is appealing the Court’s decision. Commissioner Thompson made a motion to send a letter to the Mayor requesting they abide by the Court’s ruling on the ANC consultative process and not go forward with their appeal. The motion was agreed by vote of 7-0.

The Commission will seek a meeting with the Cafritz development group to discuss the issues raised by the community at the January 23 meeting chaired by Councilmember Cheh and toward this end, the Commission agreed to a motion to send a short letter to the Cafritzes requesting a discussion with the ANC and members of the 5333 Connecticut Coalition. The motion was agreed by vote of 6-0-1 (Thompson recusing). Moving onto the specifics of the Cafritz property development, Commissioners focused on the traffic and parking issues associated by the development in its present form. After discussion, it was decided to take a two-pronged approach: a verbal request to meet with DDOT to discuss the traffic issues, and a resolution by Commissioner Engel that lays out the issues for discussion with DDOT and includes a separate curb cut on Military Road for access to the property rather than the alley, possible curb cuts on Connecticut Avenue for pick-up and drop-off at the building, traffic management at the intersection of Military and Connecticut, and traffic management during the construction phase of the project, and resolution expressing these concerns. Commissioner Engel made a motion to support the resolution which was agreed by vote of 6-0-1 (Thompson recusing). The resolution reads as follows:

RESOLUTION

ANC3/4 G is extremely concerned that the construction of 5333 Connecticut Ave property will have serious deleterious impacts on both traffic and parking on the surrounding community. Therefore, on January 28, 2013, the Commission by a vote of 6-0 (with one abstention, Thom) approved the following resolution:

Resolved: That the ANC, through its designated representatives (McCarthy, Griffin, and Speck) meet with DOT officials as soon as possible in order to address the four following issues (in order of priority):
1. New curb cuts and a separate entrance off Military so as to avoid use of the existing alley for parking egress thereby protecting the homeowners of Military and Kanawah ;
2. A pick up and drop of area off Connecticut Avenue including necessary curb cuts;
3. A traffic management plan for the intersection of Military and Connecticut Ave with the goal of reducing traffic bottlenecks during rush hour. Such plan can involve retiming of lights and additional turn signals or other actions that can reduce traffic congestion during peak hours;
4. A construction management plan that would avoid closing of any lanes on Military during the construction period;
5. Any other issue within the jurisdiction of DDOT that relates to development of the lot at Connecticut Avenue and Military Road” including adequate parking for construction workers and impact of the development on neighborhood parking availability.

It is Further Resolved that: if satisfactory resolution of these issues cannot be obtained through negotiation with DDOT staff, that the ANC designees seek the help and support of Councilmember Cheh in the resolution of any outstanding issues.

Further discussion focused on the general concerns of the community, which, while including traffic issues, also encompassed the size and mass of the building, environmental issues with the exhaust system as currently planned, and the need for the Cafritz developers to consult with the community on all of these issues. Some 300 persons had attended the meeting chaired by Councilmember Cheh on January 23 and members of the audience stated that none of the concerns raised at the January 23 meeting had been satisfactorily addressed. Commissioner Griffin then made a motion to send a “sense of the Commission” letter to the DC agencies and Councilmember Cheh enumerating the issues raised by the community. After discussion during which several Commissioners said that they preferred to await the outcome of the discussions noted above, the motion failed by vote of 2 in favor (Griffin and Cook), 4 opposed (McCarthy, Engel, Beach, and Speck), and one abstaining (Thompson, recusing). Further discussion and updates will occur at the next ANC meeting February 11.

ANC Position on Proposed Changes to Zoning Regulations. Commissioner Speck’s draft letter on the proposed changes to the zoning regulations had been circulated on the listserv and on the ANC website. After brief discussion, in which it was ascertained that upper Connecticut Avenue was not in a “transit zone” and that changes to the regulations would be required to redefine it as such (requiring public hearings, etc.), the Commission voted 7-0 to send the letter to to the Office of Planning and DCRA.

Commission Business.
a. The Minutes of the January 14 public meeting were approved by vote of 7-0.

b. Checks: The ANC approved by vote of 7-0 checks for: $1,500.00 (grant to Northwest Neighbor Village, originally approved in June 2012) and $40.95 Allen Beach for petty cash, postage).

c. The Quarterly Financial Report (October-December 2012) was agreed by vote of 7-0.

d. Items for discussion at the February 11 meeting include further discussion of the 5333 Connecticut Avenue property.

The meeting was adjourned at approximately 9:30pm.
The next scheduled meeting of the Commission is Monday, February 11, 2013 at 7:30 pm.

Signed
Jim McCarthy Allen Beach
Chair Secretary and Treasurer

Minutes of Public Meeting
February 11, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair McCarthy. Commissioners present: McCarthy, Beach, Griffin, Cook, and Speck. Absent: Thompson and Engel. A quorum was declared.

Attendees. Approximately 30 persons were present.

Agenda. The agenda was agreed by vote of 5-0.

Commissioner Announcements. DDOT advised that they proposed the installation of the stop sign at Utah and Northampton was noted by Commissioner Speck and was subject to a 30-day notification period. This was further discussed by Commissioner Cook who opposed the stop sign originally without considering the entire stretch of Utah Avenue and what other options might achieve the desired results. Commissioner Cook further pointed out that DDOT had made significant improvements to the intersection since its denial of the request for a stop sign last August, i.e., an enhanced high visibility crosswalk and four pedestrian crossing signs to warn drivers as they approach the intersection. Commissioner Speck noted that Pepco was upgrading lines and poles in this area which would be completed by April. He said that Pepco would appear before the Commission to describe these changes. The installation of the HAWK traffic light (which is activated by pedestrians) at Connecticut Avenue and Northampton Street was reported, which the ANC 3/4G had supported. Commissioner Cook announced pending Suffragist Centennial events.

Community Announcements. Judi Gold from Councilmember Bowser’s office said that the Councilmember was looking at the issues regarding the school boundaries. Leah Singleton, from Councilmember’s Cheh’s was present.

Curb Cut at 3033 Aberfoyle Place Public Space #78079. There was a short discussion
of this application for a curb cut, including a short presentation by the applicant which
included his proposal to build a house on this property. It was agreed to postpone this
matter until the next meeting.

Further Discussion of Cafrtiz Property Development. Commissioners and residents
reported on various meetings, including a meeting with DDOT. It was then discussed the
cancellation by the Zoning Administrator of a meeting with area residents. After
discussion, the Commission voted 5-0 to send a letter to the Director of Department of
Consumer and Regulatory Affairs requesting that cancelled meeting with citizens be re
instated with the Zoning Administrator.

8. Commission Business.
a. The Minutes of the January 28 public meeting were approved by vote of 5-0.
b. Checks: $21.90 (Allen Beach—computer software) The ANC approved the check by vote of 5-0 checks.
c. Treasurer Beach reported on the Auditor’s ANC Orientation Training, held the previous Sat. Feb. 9. He indicated that the Auditors will provide shortly new software for all ANC’s to use for accounting and Quarterly Reports.
d. Items for discussion at the February 25 meeting include further discussion of the 5333 Connecticut Avenue property and the application for a curb cut at 3033 Aberfoyle Place.
The meeting was adjourned at approximately 9:00pm.

The next scheduled meeting of the Commission is Monday, February 25, 2013 at 7:30 pm.

Signed
Jim McCarthy Allen Beach
Chair Secretary and Treasurer

Minutes of Public Meeting
February 25, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair McCarthy. Commissioners present: McCarthy, Thompson, Beach, Griffin, Cook, and Speck. Absent: Engel. A quorum was declared.

Attendees. Approximately 30 persons were present.

Agenda. The agenda was agreed by vote of 6-0, with additional announcements regarding checks and the ANC allotment under Commission business (below).

Commissioner Announcements. Commissioner Speck noted that the DC “Sustainable Plan” had been posted on the DC government website and urged residents to study it. He also announced that Pepco was upgrading lines and poles in this area which would be completed by April. He said that Pepco would appear before the Commission to describe these changes at the next Commission meeting on March 11. Commissioner Thompson announced that DDOT-Urban Forestry was taking over the care of the oak tree on Northampton Street that is thought to be over 400 years. He said that the tree work would consist of cabling branches (so as to prevent a falling branch—of large size– during weather conditions) as well as pruning as needed.

Community Announcements. Judi Gold from Councilmember Bowser’s office referred to the Councilmember’s News Letter for future events concerning the area which can be found at www.murielbowser.com . Leah Singleton, from Councilmember’s Cheh’s was present.

Curb Cut at 3033 Aberfoyle Place Public Space #78079. There was a discussion of this application for a curb cut, including a short presentation by the applicant which included his proposal to build a house on this property. The applicant needs street access to the property and provided the drawings to the Commission which would involve a third curb cut on Aberfoyle Place. He said that he favored a shared driveway solution with the neighbor at 3045 Aberfoyle Place which was also recommended by DDOT. However, the neighbor at 3045 Aberfoyle did not want to pursue this “easement”, and maintained that the property at 3033 Aberfoyle was not a “buildable lot”. The applicant said that DC WASA had approved the curb cut, obviating the potential run-off of the street by building a grated steel overhang between the street and the driveway and added that while a building permit had yet to be issued, he had been assured that the 3033 property was a buildable lot. After considerable discussion, the Commission stated that it had “no objection” to the curb cut, subject to conditions. (See discussion in detail, below).

Discussion ensued regarding regulations for street frontage for the curb cut, which was deemed as not applicable to the current discussion as this would be determined by DDOT, as well. It was further noted that the property owner at 3045 planned to demolish that property and rebuild and hence might need to get a new curb cut approval for the one that presently exists. After further discussion, Commissioner Thompson proposed a motion to “no objection” to the curb, providing that: 1. no affect on the drainage system and that it is sufficient as certified by DC WASA; and 2. if the property at 3045 is razed, the owner would not be entitled to a curb cut at that location. Commissioner Griffin offered an amendment to strike #2 which was agreed by vote of 4-1 (Thompson against)-1 (Beach abstaining). Commissioner Griffin then offered an amendment that the DDOT Public Space Management Branch satisfies itself that the street frontage is adequate. This was agreed to by vote of 6 – 0. Commissioner Cooke offered an amendment to add an additional condition that the Public Space Management Branch does not find adverse traffic or safety concerns. This was agreed to by vote of 6 – 0. Commissioners Beach offered an amendment that the DC DDOT Public Space Management Branch urges the parties to work together towards a shared curb cut and driveway. This amendment was agreed to by vote of 6 -0).

The motion as amended was agreed to by vote of 6 – 0, which is as follows:

“ANC 3 / 4 G has ‘no objection’ to the curb cut, providing that: 1. there is no affect on the drainage system as approved by DC WASA ; 2. that the DC DDOT Public Space Management Branch satisfies itself that the street frontage is adequate; 3. that the DC DDOT Public Space Management Branch does not find adverse traffic or safety concerns; and 4. that the DC DDOT Public Space Management Branch urges the parties to work together toward shared curb cut and driveway.”

Further Discussion of Cafritz Property Development. Resident Wanda Reif, representing the 5333 Connecticut Neighborhood Coalition reported that resident representatives were attempting to get a meeting with the Zoning Administrator at DCRA as well as with the DC Department of the Environment. Regarding the former, she acknowledged the ANC’s letter (February 13, as posted on the Chevy Chase Community listserv and the ANC website) to the Zoning Administrator requesting a meeting after the ZA had cancelled a previous meeting, but she noted that as a precondition to the meeting, the ZA had requested that they submit all questions in writing in advance of the meeting. Commissioner Speck requested that an ANC 3/4G representative be present at any meeting with the Zoning Administer. She also said that the Coalition was seeking a meeting with the DC Department of the Environment regarding the building’s plans to mitigate fumes from the building, and that a meeting was planned for participants of the 5333 Coalition and Councilmember Cheh. She reported that that only permit granted for the project so far was for soil testing; other pending permits are for drilling and other items required for building permits.

Commission Business.
a. Updates: Commissioner Beach briefly reviewed the new rules for the Alcohol Beverage Regulation Administration. These include the protest of a license that must be made by 5 persons, irrespective of their location as well as ANC settlement (formerly voluntary) agreements (which would override the 5-person protest).
b. The Minutes of the February 11, 2013 public meeting were approved by vote of 6-0.
c. Checks: The ANC approved these checks: $102.86-Verizon; $8.14 Office Depot- supplies; $42.00 –US Treasury –FUTA-2012; $ 86.17 Diane Werneke-office supplies, (including new surge protectors after flood of office at the CCCC) by vote of 6-0.
d. Treasurer Beach reported that a quarterly allocation of $4,100.01 was received by the ANC.
e. Items for discussion at the March 11 meeting include Pepco’s plans for upgrading lines, any updates on the proposed Cafritz property, and discussion of Spring Grants.

The meeting was adjourned at approximately 9:00pm.

The next scheduled meeting of the Commission is Monday, March 11, 2013 at 7:30 pm.

Signed
Jim McCarthy Allen Beach
Chair Secretary and Treasurer

Minutes of Public Meeting
March 11, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair McCarthy. Commissioners present: McCarthy, Thompson, Beach, Engel, Griffin, Cook, and Speck. A quorum was declared.

Attendees. Approximately 25 persons were present.

Agenda. The agenda was agreed by vote of 7-0, with additional announcements regarding the Cafrtiz building at 5333 should be added to agenda and to all future agendas.

Commissioner Announcements. Commissioner Griffin announced that he had received an e-mail from DDOT staff indicating that as a result of their traffic study relating to the block of Kanawha west of Connecticut, they would be sending to the ANC a Notice of Intent (NOI) to install no-left-turn-during-rush-hour signs at Kanawha. Once the NOI is received, there would be a 30-day period for the ANC to review and give its views to DDOT based on community input. There was no indication that DDOT had done or would be doing an assessment of a left-hand turn signal at Military Road and Connecticut.Avenue.

Commissioner Thompson announced that there would be a candidates forum, held jointly with the Chevy Chase Citizens Association at 7 Pm at the Chevy Chase Community Center on April 4 at 7 PM.

Chair McCarthy offered thanks to Councilmember Cheh for all her help on the community discussion of the Cafritz project at 5333 Connecticut Avenue.

Commissioner Cook made 3 announcements: that Women in Politics would meet March 17 at 3232 14th Street from 3 to 5:30 PM; that Walmart , according to Chair Mendelson should pay a “living wage”; and that Francesco Shelton, who recently died be honored and remembered by the Chevy Chase Community.

Community Announcements. Judi Gold from Councilmember Bowser’s office referred to the Councilmember’s News Letter for future events concerning the area which can be found at www.murielbowser.com . Leah Singleton, from Councilmember’s Cheh’s was present. Steve Saari announced that the design plans for the Chevy Chase area for RiverSmart in the Lafayette area would be held on March 20 at 7PM at the Chevy Chase Library. Contact can be made by email at steve.saari@dc.gov or meredith.upchurch@dc.gov.

Petition for Traffic Calming on the 5900 and 6000 Blocks of 32nd Street. Susanne Lee, a resident of the 5900 block of 32nd Street, explained that 32nd Street between Rittenhouse and Patterson Streets has a downhill grade and no stop signs or speed bumps. Cars speed and have hit parked cars and there is considerable concerns about the many small children on these blocks. A petition had been sent to DDOT for a traffic calming assessment that had the signatures of all residents of the 5900 block of 32nd Street and four out of seven homes on the 6000 block of the street (she noted that the three homes that had not signed appeared to uninhabited). Commissioner Beach noted that DDOT had requested that the ANC signoff on the request for a traffic calming assessment. After discussion, the ANC voted 7-0 to endorse that there be traffic calming study to DDOT and that the Chair would sign the form and indicate that the ANC endorses the traffic calming study, and retains the right to comment on the content of the study.

Pepco’s Plans for Upgrading Power Lines. Mr. Chris Taylor, the Public Affairs Manager for Pepco, announced a three-phased project in the Friendship Heights area that involves: 1: upgrading three primary lines to triple their capacity to about 1,100 customers (one new pole will installed at 41st Street just north of Fessenden Street); 2: converting of feeders which will involve the replacement new poles and lines as well as tree pruning in several areas of Chevy Chase DC; and 3: alleviating the load from the Harrison Substation by transferring feeders to the Oliver Substation. The overall purpose of this work is to upgrade the existing 4KV feeder lines to 13KV capacity. Discussion continued as to trees and tree trimmings. The Pepco arborist indicated that perhaps some 10 -15 trees would have to be removed to accommodate the new higher poles. Mr. Tonis, Urban Forestry Administration (UFA) indicated that the UFA would share the final list of trees to be removed. A question was raised as to who would remove the ground up mulch left outside tree boxes.

Further Discussion of Cafritz Property Development. Resident Richard Graham, reported on the neighbors meeting with CM Mary Cheh, DCRA Director, the Zoning Administrator and an official from the Office of the Attorney General the previous Friday. Discussion included zoning codes, Federal laws, building codes and zoning boundaries. It became clearer as to the direction as to who varies issues are to be referred which agencies for clearances. Commissioner Griffin reported that a couple neighbors and he had met that afternoon with Councilmember Cheh and representatives of the Department of the Environment to discuss concerns about the proposal for a single ground-level exhaust vent for the entire project that would be located near the homes on Kanawha Street.
.
Announcement of Spring Grant Period. Chair McCarthy noted that the Spring grant period would begin with applicants presentation at the ANC April 8 meeting. Applicants should be submitted by April 5. However, subsequently the date for applications was changed to April 19.The Commission expects to vote on any grants at its April 22 meeting.

Commission Business.
a. Updates: none
b. The Minutes of the February 25, 2013 public meeting were approved by vote of 7-0.
c. Checks: The ANC approved these checks: $166.73 (IRS w/holding February) and $100.39 (Verizon March) by vote of 7-0.
d. Items for discussion at the March 25 meeting include special exception for the Broad Branch School (5601 Broad Branch Road) 5333 Connecticut Avenue-updates

The meeting was adjourned at approximately 9:10pm.

The next scheduled meeting of the Commission is Monday, March 25, 2013 at 7:30 pm.

Signed
Jim McCarthy Allen Beach
Chair Secretary and Treasurer
Note: Subsequent to the meeting, the ANC cancelled the March 25 meeting. The next meeting will be
April 8.

Minutes of Public Meeting
April 8, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair McCarthy. Commissioners present: McCarthy, Thompson, Beach, Engel, Griffin, and Speck. Absent: Cook. A quorum was declared.

Attendees. Approximately 60 persons were present.

Agenda. The agenda was agreed by vote of 6-0, with the additional request by the Chairman that time limits be placed on the agenda items as to fully cover the agenda.

Commissioner Announcements. Commissioner Griffin announced that he had received a letter from DDOT dated March 26 of their intent to install a “no left turn” sign at Connecticut and Kanawha Streets (west-side of Connecticut) during the evening rush hour (4-6:30 PM). There will be a 30-day period for the ANC to review and give its views to DDOT based on community input. Commissioner Griffin therefore requested that the matter be placed on the ANC agenda for the April 22 meeting. Further, he said that following the March 11 ANC meeting during which Pepco had explained its plans for the upgrade of feeder lines, he received notice of the particular trees that needed to be pruned. He said that he would inform the property owners of these plans. Commissioner Speck announced that Commissioner Allen Beach had received the “outstanding citizen award of 2013” from the Federation of Citizens Associations. A banquet will be held on May 21 (time and location to be posted).

Community Announcements. Michael Fabrikant from the Mayor’s office introduced himself and announced a town hall meeting on the Mayor’s FT 2014 budget on Tuesday April 30 at Alice Deal Middle School (3814 Fort Drive, NW).Dee Smith from Councilmember Cheh’s office announced a town hall meeting on April 17 at American University to talk about water projects and other issues affecting the community. Information is available from the Councilmember’s office at 202 787 2200. Judi Gold from Councilmember Bowser’s office said that an environmental assessment was planned for Broad Branch Road. As is the usual procedure, DDOT, in co-operation with the National Park Service and the DC Office of the Environment will draw up several alternative plans at the initial stage for public comment and then proceed to plans in greater detail. The Environmental Assessment plans are available at www.broadbranchrdea.com . She also referred to the Councilmember’s News Letter for future events concerning the area which can be found at www.murielbowser.com and noted that the Councilmember would be hosting a meeting on April 11 with DC Water at the Truesdell Education Campus, 800 Ingraham St. NW to discuss a variety of issues. Michael Jelen announced that there would be a public meeting on the replacement of the 27th Street Bridge over Broad Branch Stream on April 11 at the Rock Creek Park Nature Center (5200 Glover Road NW) at 6:30 PM for the status of the project and updates. Wayne Fortune, the manager of the Chevy Chase branch of PNC announced that the annual shedding of paper documents, etc. would take place on Saturday, April 20 11-2 PM in the parking lot of the PNC branch (Connecticut Ave. and Morrison St.). This event is co-sponsored by the Chevy Chase Citizens Association.

Special Exception for Broad Branch Children’s House (BZA Application No. 18551). The application for the Special Exception is to allow the continued operation of the child development center at 5608 Broad Branch Road (above the Broad Branch Market) and for variance relief from the parking requirements. The Broad Branch Children’s House (BBCH) was originally approved by the BZA to allow a maximum of 60 children and 8 staff members over a term of five years. BBCH now wishes to modify the existing approval by increasing the maximum number of children to 80 and staff to 12 as well as increase the number of parking spaces from 2 to 3. It also seeks permanent approval of the development center. Mr. Keith Jones of BBCH explained that the current need to apply to the BZA every 5 years made it difficult to enter into long-term capital improvement contracts and other business issues and that was the reason for seeking permanent approval from the BZA for the development center. After discussion, the Commission agreed to support the application for an increase in the number of students and staff and to extend the duration of the Special Exception from 5 years to 10 years by vote of 5-0-1 (Thompson recused because his wife teaches at the BBCH). Commissioner Engel was designated to represent the Commission at any and all hearings on this matter.

Special Exception for a Property at 6208 31st Street (BZA Application No. 18561). The property owners, Drey Samuelson and Lisa Herrick are seeking to convert their existing rear yard deck into a screened porch, which will increase the house’s footprint by 0.2 percent and the lot occupancy from 38 to 38.2 percent, consequently increasing the already nonconforming aspect of the rear yard. Mr. Samuelson and his architect appeared to explain the plans and said none of the adjacent neighbors had objected. After discussion, the Commission agreed to support the application by vote of 6-0. Commissioner Thompson was designated as the ANC representative in any or all hearings on the matter.

Air Conditioning Equipment at Lafayette School. Commissioner Beach introduced Mr. Keith Jones, a resident who lives across from Lafayette School. Mr. Jones noted that neighbors had several complaints with the maintenance operations at the school, including the school’s bright lights shining into homes (which has been partially resolved), broken down spouts which leave pooling water on the premises, and most particularly, the noise of the air conditioning system, and the topic he was raising at the meeting. The DC Department of General Services (DGS) said that it would replace the unit this spring, but despite enquiries from the neighbors as to sound levels, DGS had not responded. He therefore urged the ANC to send a letter to DGS requesting noise level data for the new air conditioning system, the status of other issues (including the broken down spouts), and the need for the Department to engage with the community on solutions to these problems. After discussion, Commissioner Beach proposed a motion to send a letter to DGS to ask about the noise level of the new A/C installation, the status of other issues, and the need for DGS to discuss all plans for the school maintenance facilities with residents in advance of any installations. The motion to send the letter was agreed by vote of 6-0.

Further Discussion of Cafritz Property Development (5333 Connecticut Avenue). This discussion covered two issues: the Transportation Control Plan under DDOT during the construction phase of the property’s development and the findings by the 5333 Neighbors Coalition regarding the issuance of building permits. Regarding the first issue, Mr. Matthew Marcou (matthew.marcou@dc.gov) reported that DDOT had approved an occupancy permit during the construction in public space of the building. He had worked with the developers to implement a plan that complied with DC regulations and said that he, a former resident of the community, and his inspectors would be onsite to make sure of that compliance. Mr. Robert Lockhart, the construction site manager, stated that the working hours for the project are 9:30 AM and 3:30 PM over the next five plus months. During this period, trucks removing dirt from the site and pouring concrete for the below ground areas would be “staged” at an off-site location and by phone would be allowed to enter the area (so that a line of trucks would not occur at the site) and a flag person would be present at all times at the alley and Military Road for trucks entering the street. Chair McCarthy asked about the sidewalks during construction and Mr. Marcou replied that all construction would be fenced off from the sidewalk. If residents have questions or complaints during this phase of the project, they can contact Mr. Marcou at the above email address or by phone at 202 478 1448.

The findings of the 5333 Connecticut Neighborhood Coalition regarding claimed building height, mass, basement violations of the city code were raised. Representatives from the Cafritz development group said that they thought that all issues had been addressed at the meeting on January 23 (called by Councilmember Mary Cheh) and addressed by subsequent rulings by the Zoning Administrator. They also said that the building facade (but not the footprint) was being altered and the revised plan would be available in mid-May. After discussion during which Commissioners asked the Cafritz development group to engage with the ANC on the discussion of the issues raised by the Coalition, the ANC agreed by vote of 6-0 to send a letter to the Zoning Administrator raising many of the Coalition’s points (and attaching the legal analysis by the Coalition) with copies to Councilmember Cheh, DDOT, DCRA, and the Cafritz development group. Further the Commission agreed by vote of 6-0 to join the Coalition’s appeal against the permit issued for sheeting and shoring of the property. Finally, Chair McCarthy urged the Cafritz development group to meet with members of the community to discuss and communicate regarding the issues as has been done in past by other groups on many occasions.

Purchase of Digital Recording Equipment for ANC Meetings and adding Live Recording to ANC Website. Due to time constraints at this meeting, the item was postponed until the April 22 meeting.

Commission Business.
a. Updates: none
b. The Minutes of the March 11, 2013 public meeting were approved by vote of 6-0 with revisions by Commissioner Griffin (Kanawha one-way street discussion regarding input from the residents about “no left turn” during rush hour and revision of the deadline for applicants for Spring Grants). The revised minutes have been posted on the ANC website
c. Checks: The ANC approved these checks: $39.99 (Office Depot-supplies); $214.03 (Canon Financial-copier rental); $111.00 (IRS tax w/holding March); and $44.79 (DOES-unemployment insurance) by vote of 6-0.
d. Items for discussion at the April 22 meeting include: Grant presentations; liquor license renewals for the Parthenon, Arucola, and Avalon; DDOT proposals regarding Kanawha St. (west side of Connecticut Ave.); purchase of digital recording equipment; Quarterly Financial Report; further updates and/or discussion of the Cafritz property.
e. Commissioner Beach announced his pending resignation as a commissioner.

The meeting was adjourned at approximately 9:30pm.
The next scheduled meeting of the Commission is Monday, April 22, 2013 at 7:30 pm.

Signed
Jim McCarthy Allen Beach
Chair Secretary and Treasurer

Minutes of Public Meeting
April 22, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair McCarthy. Commissioners present: McCarthy, Thompson, Beach, Engel, Griffin, Cook, and Speck.

Attendees. Approximately 25 persons were present.

Agenda. The agenda was agreed by vote of 7-0.

Commissioner Announcements. Chair McCarthy announced that the new Hawk Traffic light at Connecticut Ave and Northampton Street is now working. He gave thanks to former Commissioner Nolan for her efforts starting with the flags for crossing this important intersection. He also announced the Mayor’s effort to repair potholes. Commissioner Cook reported on the DC Children’s Trust Fund conference to be held on April 25.

Community Announcements. Judi Gold, from Councilmember Bowser office advised that the Councilmember’s newsletter was available. Keith Holman, of the Mayor’s office announced a town hall meeting on the Mayor’s FY 2014 budget on Tuesday April 30 at Alice Deal Middle School (3814 Fort Drive, NW).

Liquor licensees:

Class C Restaurant ABRA-013995 Parthenon Inc, 5510 Connecticut Avenue, renewal
After hearing from the applicant and having heard on no complaints, by motion and vote of 7 – 0, agreed to send a letter to ABRA in support of this renewal.

Class C Restaurant ABRA-021599 Arucola, 5534 Connecticut Avenue, renewal
After hearing from the applicant and having heard on no complaints, by motion and vote of 7 – 0, agreed to send a letter to ABRA in support of this renewal.

Class C Restaurant ABRA-080085 Avalon Theatre, 5612 Connecticut Avenue, renewal
After hearing from the applicant and having heard on no complaints, by motion and vote of 7 – 0, agreed to send a letter to ABRA in support of this renewal.

Mr. Juan Thompson, Outreach Specialist, Mayor’s Office Presentation His presentation was on the Neighbor Corporation and need for volunteers by SMD. Information will be made available for those who wish to assist.

Presentations by groups requesting grants: Three60 World for assistance in a training program for youths, for $1,352.00; and Chevy Chase Citizens Association for beautification around the Community Center for $350.00.

Proposals regarding Kanawha Street (west of Connecticut Avenue). Commissioner Griffin reviewed the status of the proposal for a no left turn sign from Connecticut Avenue north bound during peak PM rush hours (4:00 – 6:30). He noted that DDOT proposal contained no traffic analysis, nor anything about our request for a no left turn arrow at Connecticut & Military north bound. He felt that we should proceed to get something. He offered a motion to send a letter to DDOT that the ANC had no objection to the notice of intent to install signage for a no left turn for northbound traffic during the evening rush hour, and asking also that that no-left-turn signage cover the morning rush hour, and consideration of a left turn arrow at Connecticut Avenue and Military Road for north bound traffic. The motion was agreed to by vote of 7 – 0

Further Discussion of Cafritz Property Development (5333 Connecticut Avenue). Discussion began with review of recent meetings with the developer and neighborhood group. After discussion, Commissioner Speck offered a motion to reconsider the letter to be sent to Zoning Administrator, (agreed to at the April 8 meeting) and substitute it with a new letter to the Director of DCRA, Chief Building Official and the Zoning Administrator. The motion was greed to by vote of 7 – 0.

Purchase of Digital Recording Equipment for ANC Meetings and Adding Live Recording to ANC Website. A short discussion was held on both audio and video taping of our ANC meeting. Major concerns were related to how much this might cost and who would be doing the taping. Most Commissioners felt that our meetings are for the community and there is a need for the community to attend meetings. After discussion a motion was offered to purchase reasonable priced audio digital recording equipment, which might allow internet streaming. Bayard Brewin volunteered to assist. The motion was agreed to by vote of 7 – 0.

Commission Business.
a. Updates: none
b. The Minutes of the April 8, 2013 public meeting were approved by vote of 7-0
c. Checks: The ANC approved checks: $39.99 (Office Depot-supplies); $29.77 (Office Depot –office supplies); $99.26 (Verizon – March telephone and internet) $48.25 (Allen Beach Petty cash replenishment – stamps) by vote 7 – 0.
d. January-March 2013 Quarterly Financial Report was agreed to by vote of 7 -0. The treasurer indicated that this was in compliance with the new Auditors Financial Reporting System.
e. Items for discussion at the May 13 meeting include: Vote on Grants, liquor license renewals (3) for Blue 44, Tian Tian and Bread & Chocolate; further updates and/or discussion of the Cafritz property.

The meeting was adjourned at approximately 9:10pm.

The next scheduled meeting of the Commission is Monday, May 13, 2013 at 7:30 pm.

Signed
Jim McCarthy Allen Beach
Chair Secretary and Treasurer

Minutes of Public Meeting
May 13, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair McCarthy. Commissioners present: McCarthy, Thompson, Beach, Engel, Griffin, Cook, and Speck.

Attendees. Approximately 40 persons were present.

Agenda. The agenda was agreed by vote of 7-0.

Commissioner Announcements. Chair McCarthy welcomed former Commissioners attending the meeting including Frank Buchholz, Samantha Nolan, Peggy Sewell, Robert Gordon, Jeff Norman, Marilyn Holmes, and Lee Schoeneker. Commissioner Engel announced the DC Federation of Citizens Association banquet awards on May 21 at All Soul’s Memorial Church, 2300 Cathedral Avenue, NW from 6-9 PM, which will present Allen Beach with the Association’s 2013 Outstanding Citizen Activist award. Tickets to the banquet may be purchased through the Chevy Chase Citizens Association.

Community Announcements. Judi Gold, from Councilmember Bowser’s office and Leah Singleton of Councilmember Cheh’s noted that Friday, May 17 was Bike-To-Work day and that participants could meet to travel in groups at various points, posted on the Councilmembers’ websites. Samantha Nolan noted that donations were welcome for the MPD’s lunch/dinner for all officers in the Second District on May 21.

Liquor licensees:

Class C Restaurant ABRA-0085977, Blue 44, 5507 Connecticut Avenue, renewal

After hearing from the applicant and having heard on no complaints, by motion and vote of 7 – 0, agreed to send a letter to ABRA in support of this renewal. The owner indicated that he would be applying to extend the restaurant’s business hours on weekdays until midnight at a later date and this application would come before the ANC at such time.

Class C Restaurant ABRA-7792, Bread and Chocolate, 5542 Connecticut Avenue, renewal

After hearing from the applicant and having heard on no complaints, by motion and vote of 7 – 0, agreed to send a letter to ABRA in support of this renewal. The owner said that he was applying for a license to serve beer and wine on the Bread and Chocolate terrace and this application would come before the ANC at such time.

Class C Restaurant ABRA-012671, Tian Tian Fang, 5540 Connecticut Avenue, renewal

After hearing from the applicant and having heard on no complaints, by motion and vote of 7 – 0, agreed to send a letter to ABRA in support of this renewal.

Presentation Regarding “Sustainability DC Plan. Mr. Dan Guilbeault of the DC Department of Environment distributed the Sustainable DC Plan outline, which describes the plans in areas such as jobs, health, climate, environment, energy, food, nature, transportation, waste, and water, which are envisioned over the next 20 years. It is available at www.sustainable.dc.gov He noted that the plans had been developed in co-ordination with the Office of Planning and its rewrite of the zoning regulations, but had no authority over zoning regulations. He highlighted the planned increase from the present 50 percent to 75 percent of commuters using public transportation, bikes, and walking as their methods of getting to work. Questions included light pollution from the city’s street lights, which he said that efforts were being made to reduce by using capped street lights as well as the introduction of more energy efficient light bulbs, the use of solar panels in new buildings, including the new addition to Lafayette School, and the fact the plan did not currently include “noise pollution”, which he said that was an issue he would look into. Several members of the audience noted that while motorists had to follow the rules of the road, bicyclists seemed to escape them. Incidents of running red lights, failure to stop for pedestrians, etc. were among the many problems cited. Mr. Guilbeault said that the Mayor’s office was working on the issue of enforcement for cyclists breaking traffic laws.

Vote on Grants. Two applications for the ANC’s Spring Grant period were presented at the previous ANC meeting, April 22 as follows: Three60 World for assistance in a training program for youths, for $1,352.00; and Chevy Chase Citizens Association for beautification around the Community Center for $350.00. After discussion, during which Commissioners suggested that Three60 World change its lead sentence to training for young people, to which the Three60 World agreed, the ANC by vote of 5-1(Cook)-1(Engel abstaining). The Chevy Chase Citizens Association grant was approved by vote of 7-0.

Further Discussion of Cafritz Property Development (5333 Connecticut Avenue). Discussion began with review of recent developments. Chair McCarthy noted that the ANC had received a lengthy reply to its letter to the Cafrritz Co, from their attorney, Mr. Quin (the letter was also sent to DCRA and DDOT, from whom no response has been received). He said that he and Commissioners Griffin and Speck had met with Mr. Quin to go over the Commissions’ concerns about height and use of public space. He said that Mr. Quin was willing to meet with a small group of neighbors to discuss the issues. Chair McCarthy said that he would arrange such a meeting. Other news about the 5333 Neighbors Coalition noted that it appeared that DCRA had suspended work on the approval of the Cafritz property permit, but that information was not confirmed

Tree Petition. Ms. Loretta Kiron submitted a petition signed by her neighbors that her property, in the tree box on DC property, receives an Eastern Tree Redbud. She noted that DDOT, Urban Forestry, had said that she needed a petition of neighbors before she could receive a tree replacement for her deceased tree at 3219 Oliver Street. Commissioners reacted with amazement that such a small request required a petition, and a vote by the ANC Commission. By vote of 7-0, the Commission agreed to send a letter to Urban Forestry, DDOT requesting that such a tree be planted.

Purchase of Digital Recording Equipment for ANC Meetings and Adding Live Recording to ANC Website. After a citizen agreed to help the ANC on its recording issues, no new news was reported. A follow-up will be scheduled for the June 10 meeting.

Tributes to Commissioner Allen Beach. Commissioner Thompson read a resolution honoring Commissioner Allen E. Beach and recognizing him as Commissioner Emeritus for life, which is appended to these minutes. Councilmember Bowser presented Commissioner Beach with a resolution of the DC Council honoring him for his service over many years to Washington, DC.

Commission Business.
a. Election of Treasurer and Secretary. Chair McCarthy proposed a slate of Randy Speck as Treasurer and David Engel as Secretary to replace Allen Beach. The motion was agreed by vote of 6-0
b. The Minutes of the April 22, 2013 public meeting were approved by vote of 6-0
c. Checks: The ANC approved checks: $153.70 (IRS w/holding April, 2013); $99.68 (Verizon-May) by a vote of 6-0
d. Allocation received of $3,997.96.
e. Items for discussion at the June 10 meeting (the May 27 meeting is cancelled due to the holiday) include: 5333 Connecticut Avenue ongoing discussion and other items that may arise in the interim. The June 10 agenda will be published on June 3.

The meeting was adjourned at approximately 9:10 pm.

The next scheduled meeting of the Commission is Monday, June 10, 2013 at 7:30 pm.

Signed
Jim McCarthy David Engel
Chair Secretary

Minutes of Public Meeting
May 13, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair McCarthy. Commissioners present: McCarthy, Thompson, Beach, Engel, Griffin, Cook, and Speck.

Attendees. Approximately 40 persons were present.

Agenda. The agenda was agreed by vote of 7-0.

Commissioner Announcements. Chair McCarthy welcomed former Commissioners attending the meeting including Frank Buchholz, Samantha Nolan, Peggy Sewell, Robert Gordon, Jeff Norman, Marilyn Holmes, and Lee Schoeneker. Commissioner Engel announced the DC Federation of Citizens Association banquet awards on May 21 at All Soul’s Memorial Church, 2300 Cathedral Avenue, NW from 6-9 PM, which will present Allen Beach with the Association’s 2013 Outstanding Citizen Activist award. Tickets to the banquet may be purchased through the Chevy Chase Citizens Association.

Community Announcements. Judi Gold, from Councilmember Bowser’s office and Leah Singleton of Councilmember Cheh’s noted that Friday, May 17 was Bike-To-Work day and that participants could meet to travel in groups at various points, posted on the Councilmembers’ websites. Samantha Nolan noted that donations were welcome for the MPD’s lunch/dinner for all officers in the Second District on May 21.

Liquor licensees:

Class C Restaurant ABRA-0085977, Blue 44, 5507 Connecticut Avenue, renewal
After hearing from the applicant and having heard on no complaints, by motion and vote of 7 – 0, agreed to send a letter to ABRA in support of this renewal. The owner indicated that he would be applying to extend the restaurant’s business hours on weekdays until midnight at a later date and this application would come before the ANC at such time.

Class C Restaurant ABRA-7792, Bread and Chocolate, 5542 Connecticut Avenue, renewal
After hearing from the applicant and having heard on no complaints, by motion and vote of 7 – 0, agreed to send a letter to ABRA in support of this renewal. The owner said that he was applying for a license to serve beer and wine on the Bread and Chocolate terrace and this application would come before the ANC at such time.

Class C Restaurant ABRA-012671, Tian Tian Fang, 5540 Connecticut Avenue, renewal
After hearing from the applicant and having heard on no complaints, by motion and vote of 7 – 0, agreed to send a letter to ABRA in support of this renewal.

Presentation Regarding “Sustainability DC Plan. Mr. Dan Guilbeault of the DC Department of Environment distributed the Sustainable DC Plan outline, which describes the plans in areas such as jobs, health, climate, environment, energy, food, nature, transportation, waste, and water, which are envisioned over the next 20 years. It is available at www.sustainable.dc.gov He noted that the plans had been developed in co-ordination with the Office of Planning and its rewrite of the zoning regulations, but had no authority over zoning regulations. He highlighted the planned increase from the present 50 percent to 75 percent of commuters using public transportation, bikes, and walking as their methods of getting to work. Questions included light pollution from the city’s street lights, which he said that efforts were being made to reduce by using capped street lights as well as the introduction of more energy efficient light bulbs, the use of solar panels in new buildings, including the new addition to Lafayette School, and the fact the plan did not currently include “noise pollution”, which he said that was an issue he would look into. Several members of the audience noted that while motorists had to follow the rules of the road, bicyclists seemed to escape them. Incidents of running red lights, failure to stop for pedestrians, etc. were among the many problems cited. Mr. Guilbeault said that the Mayor’s office was working on the issue of enforcement for cyclists breaking traffic laws.

Vote on Grants. Two applications for the ANC’s Spring Grant period were presented at the previous ANC meeting, April 22 as follows: Three60 World for assistance in a training program for youths, for $1,352.00; and Chevy Chase Citizens Association for beautification around the Community Center for $350.00. After discussion, during which Commissioners suggested that Three60 World change its lead sentence to training for young people, to which the Three60 World agreed, the ANC by vote of 5-1(Cook)-1(Engel abstaining). The Chevy Chase Citizens Association grant was approved by vote of 7-0.

Further Discussion of Cafritz Property Development (5333 Connecticut Avenue). Discussion began with review of recent developments. Chair McCarthy noted that the ANC had received a lengthy reply to its letter to the Cafrritz Co, from their attorney, Mr. Quin (the letter was also sent to DCRA and DDOT, from whom no response has been received). He said that he and Commissioners Griffin and Speck had met with Mr. Quin to go over the Commissions’ concerns about height and use of public space. He said that Mr. Quin was willing to meet with a small group of neighbors to discuss the issues. Chair McCarthy said that he would arrange such a meeting. Other news about the 5333 Neighbors Coalition noted that it appeared that DCRA had suspended work on the approval of the Cafritz property permit, but that information was not confirmed

Tree Petition. Ms. Loretta Kiron submitted a petition signed by her neighbors that her property, in the tree box on DC property, receives an Eastern Tree Redbud. She noted that DDOT, Urban Forestry, had said that she needed a petition of neighbors before she could receive a tree replacement for her deceased tree at 3219 Oliver Street. Commissioners reacted with amazement that such a small request required a petition, and a vote by the ANC Commission. By vote of 7-0, the Commission agreed to send a letter to Urban Forestry, DDOT requesting that such a tree be planted.

Purchase of Digital Recording Equipment for ANC Meetings and Adding Live Recording to ANC Website. After a citizen agreed to help the ANC on its recording issues, no new news was reported. A follow-up will be scheduled for the June 10 meeting.

Tributes to Commissioner Allen Beach. Commissioner Thompson read a resolution honoring Commissioner Allen E. Beach and recognizing him as Commissioner Emeritus for life, which is appended to these minutes. Councilmember Bowser presented Commissioner Beach with a resolution of the DC Council honoring him for his service over many years to Washington, DC.

Commission Business.
a. Election of Treasurer and Secretary. Chair McCarthy proposed a slate of Randy Speck as Treasurer and David Engel as Secretary to replace Allen Beach. The motion was agreed by vote of 6-0
b. The Minutes of the April 22, 2013 public meeting were approved by vote of 6-0
c. Checks: The ANC approved checks: $153.70 (IRS w/holding April, 2013); $99.68 (Verizon-May) by a vote of 6-0
d. Allocation received of $3,997.96.
e. Items for discussion at the June 10 meeting (the May 27 meeting is cancelled due to the holiday) include: 5333 Connecticut Avenue ongoing discussion and other items that may arise in the interim. The June 10 agenda will be published on June 3.

The meeting was adjourned at approximately 9:10 pm.

The next scheduled meeting of the Commission is Monday, June 10, 2013 at 7:30 pm.

Signed
Jim McCarthy David Engel
Chair Secretary

Minutes of Public Meeting
June 10, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair McCarthy. Commissioners present: McCarthy, Thompson, Engel, Griffin, Cook, and Speck.

Attendees. Approximately 20 persons were present.

Agenda. The agenda was agreed by vote of 6-0, with discussion of the Broad Branch Road reconstruction postponed until a later meeting

Commissioner Announcements. Commissioner Speck reported on a recent meeting with Ingleside, in which in general they described their future plans for some 60 more rooms. He also reported on the revival of the Ingleside and community advisory committee to again meet. Chairman McCarthy presented to former Commissioner Beach a signed certificate from the DC Council, acknowledging his service. Commissioner Cook reported that three persons had taken out petitions to fill the current vacant 3G-04 seat.

Community Announcements. Kate Kountzman, representing Ward 4 CM Bowser announced the Ward 4 family fun day this Saturday at Kingsbury. School. Leah Singleton representing Ward 3 CM Cheh and Keith Holman, office of the mayor were also present.

Broad Branch Child Development Center. Commissioner Engel reviewed developments since our last meeting, where the ANC had approved an increase from 60 to 80 students, and 8 to 12 faculty, and a term of 10 years for this special exception. The representative of the Center reported that they had withdrawn their plans for student and faculty increases, but due to an oversight when the Center was approved they needed a variance for providing parking of two places and that these spaces be marked. Several neighbors had some concerns regarding traffic at this corner (Broad Branch Road and Northampton Street). It was reported that a crossing guard was now on duty at the opening and closing of Lafayette School, which has similar hours to the Center. Commissioner Engel offered a motion to send a letter/report to the BZA in support of the Center with 60 students, 8 faculty for a 10 year period and support for the variance for the 2 parking spaces. Randy Speck will represent that ANC at any and all hearings in the matter. Commissioner Griffin offered an amendment to substitute 5 years for 10 years. The amendment was defeated by vote: For 2 (Griffin and Cook), Against 3 (McCarthy, Engel and Speck) – Thompson abstaining. The Main motion was agreed upon by vote: For 3 (McCarthy, Engel and Speck), Against 2 (Griffin and Cook) – Thompson abstaining.

Further Discussion of Cafritz Property Development (5333 Connecticut Avenue). Discussion began with review of recent developments, including the ANC approval at its last meeting to join with the 5333 Connecticut Avenue group appeal. Since last meeting, DCRA has approved the plans, and has issued several permits for construction.

The 5333 Connecticut Neighborhood Coalition group indicated that their appeal must now be sent to the Office of Administrative Hearings (OAH) regarding proposed building projections into public space (as distinct from the appeal to the BZA of the building permit issued by DCRA, which the ANC has not yet considered whether it will join). After discussion the Chair offered a motion to join the appeal of the citizens group to the OAH, specifically recognizing that DCRA has not adequately responded to the ANC April letter regarding projections into public space and building restriction line. Specifically, he referred to the width of Kanawha Street (50 feet) and the building plans for below grade on the Military Road side. The motion was agreed to by vote of 6 – 0.

Commission Business.

a. The Minutes of the May 13, 2013 public meeting were approved by vote of 6 – 0
b. Checks: The ANC approved checks: $350.00 Chevy Chase Citizens Assn. (grant), $1,352.00 Three 60 World (grant), $121.42 IRS (tax withholding May), $99.01 Verizon 6/4, by vote of 6 – 0.
c. Items for discussion at the June 24 meeting. As there were no pending items for this meeting, it was agreed that the meeting would be at the call of the Chairman.

The meeting was adjourned at approximately 8:30 pm.

The next scheduled meeting of the Commission is Monday, June 24, 2013 at 7:30 pm. However, that meeting may be cancelled if there is inadequate business to conduct.

Signed
Jim McCarthy David Engel
Chair Secretary

Minutes of Public Meeting
July 8, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair McCarthy. Commissioners present: McCarthy, Thompson, Speck, Griffin, Cook, and Maydak. Absent: Engel.

All Commissioners welcomed Rebecca Maydak as the new Commissioner for ANC 04,
noting that ANC Commissioners are voluntary jobs and thanked her for her willingness
to assume the position.

Attendees. Approximately 20 persons were present.

Agenda. The agenda was agreed by vote of 6-0.

Commissioner Announcements. Commissioner Griffin said that Commissioner Engel was recovering quite well from his recent surgery. Commissioner Speck announced the National Night Out on August 6 from 4:30 to 7 at the 2ND Police Station. Chair McCarthy noted the ANC 3F meeting on construction in Rock Creek Park would be held July 19 at 7:30 PM at the Methodist Home. The issue is that there are leaking pipes, but the solution involves the taking down of many trees. Commissioner Cook reported that the 60+ Club would kick-off with an event on July 18 at the Chevy Chase Community Center from 10 AM to 2 PM. The Club is a partnership with the Community Center, the YMCA, and ANC 3/4G01 to offer weekly exercise, arts and crafts, and political discussions for Ward 3 and 4 seniors and Regency House residents.

Community Announcements. Kate Kountzman, representing Ward 4 CM Bowser, Leah Singleton representing Ward 3 CM Cheh and Keith Holman, office of the mayor were present, but no announcements were made.

Medstar. Chair McCarthy noted that the representative from MedStar was not present, so the agenda item was postponed.

Further Discussion of Cafritz Property Development (5333 Connecticut Avenue). Commissioners McCarthy, Griffin, and Speck reported that they had participated in productive meetings with the neighborhood coalition and the Cafritz developer’s attorney. Although no resolution has been reached, the parties continue to discuss potential areas for agreement. The Commissioners assured the coalition’s representatives that there would be an ANC meeting before July 28 to vote on the ANC’s possible participation in the coalition’s BZA appeal of the building permit (in addition to the appeals the ANC has already joined).

Commission Business.

a. The Minutes of the June 10, 2013 public meeting were approved by a vote of 6-0.
b. Checks: The ANC approved checks: $55.80 (Diane Werneke—office supplies); $77.65 (IRS w/holding June); $214.03 (Canon Financial—copier lease); $34.21 (DOES—DC unemployment insurance April-June) by vote of 6-0.
c. Items for discussion at the Thursday, July 25 meeting: 5333 Connecticut Ave. (Cafritz property-possible vote on joining coalition for appeal of building permit); Quarterly Financial Report (April-June 2013).

The meeting was adjourned at approximately 8:00 pm.

The next scheduled meeting of the Commission is scheduled for, Thursday, July 25, 2013 at 7:30 pm.

Signed
Jim McCarthy Gary Thompson
Chair Vice Chair

Minutes of Public Meeting
July 25, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair McCarthy. Commissioners present: McCarthy, Thompson, Speck, Engel, Griffin, Cook, and Maydak.

Attendees. Approximately 30 persons were present.

Agenda. The agenda was agreed by vote of 7-0.

Commissioner Announcements. Commissioner Griffin noted that the sunflower on his table was presented by the head of Three60 World, Inc. in appreciation of the ANC’s grant in the fall of 2012 to provide training opportunities young people as well as flowers to the residents of Regency House. He also noted the problem of motorists being ticketed by the red light camera at Fessenden St. and Nebraska Ave. for making right turns, which are legal, and said he was in contact with Councilmember Cheh’s office a solution to this on-going problem. Commissioner Thompson presented former Commissioner Allen Beach with the framed resolution passed by the ANC commending him for his service to the Commission and the community, and designating him Commissioner Emeritus for life. Commissioner Cook reported that the 60+ Club, a partnership with the Community Center, the YMCA, and ANC 3/4G01 offering weekly exercise, arts and crafts, and political discussions for Ward 3 and 4 seniors and Regency House residents, had been a success with more than 30 persons attending. Classes are held at the Community Center on Thursdays from 11-3. She said she would be attempting to expand the program.

Community Announcements. None

Further Discussion of Cafritz Property Development (5333 Connecticut Avenue). Commissioners McCarthy, Griffin, and Speck reported that they had continued to participate in productive meetings with members of the 5333 Community Neighborhood Coalition and the Cafritz developer’s attorney, the architect, the landscaper, and other staff. There had been 3 meetings since the last ANC meeting July 8. Although there remain many outstanding issues, real progress was being made. Chair McCarthy noted that discussions were going to be at a critical stage in August, and consequently, he and Commissioners Griffin and Speck recommended that a vote on the ANC’s possible participation in the 5333 Connecticut Avenue Neighborhood Coalition’s BZA appeal of the building permit (in addition to the two appeals the ANC has already joined), be postponed so further talks could proceed unencumbered by a formal action by the ANC. Chair McCarthy also noted that he had been informed by the Coalition’s counsel that the ANC is in fact already a party to the appeal.

Commissioner Engel asked when the talks would reach a finale and would the ANC make a decision independent of the Coalition. Chair McCarthy responded that talks would take place during August and should be resolved one way or another by the end of that month. Ultimately, the ANC would have to decide itself whether or not to support the appeal, but noted that the ANC, by itself, cannot go to court. Commissioner Cook raised the issue of Residential Parking Permits (RPPs), noting that if tenants had the right to obtain them, it would cause major parking problems on neighborhood streets. She and Commissioner Engel further noted that guest passes, issued to residents for the use of guest parking on RRP streets, should also be part of the negotiations. Discussion from the audience questioned the decision of the Commission not to vote on joining the appeal at this meeting, but Commissioners re-iterated that it was best to continue talks with the developer without the formal position such a vote would signify.

Commission Business.

a. The Quarterly Financial Report (April-June 2013) was approved by vote of 7-0.
b. The Minutes of the July 8, 2013 public meeting were approved by vote of 7-0.
c. Checks: The ANC approved checks: $34.90 (Diane Werneke–office supplies); $102.46 (Verizon-July); $61.69 (Diane Werneke–purchase of business cards and name plate for the new commissioner) by vote of 7-0.
d. The next meeting of the Commission during August is subject to the call of the Chair and may be held during the last week of August for further discussions of the Cafritz development. Advance notification will be given to the public.

Commissioner Speck asked for authorization to pay expenses by check during August, which was agreed by vote of 7-0. The meeting was adjourned at approximately 8:30 pm.

Signed
Jim McCarthy David Engel
Chair Secretary

Minutes of Public Meeting
August 27, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair McCarthy. Commissioners present: McCarthy, Thompson, Speck, Engel, Griffin, Cook, and Maydak.

Attendees. Approximately 80 persons were present.

Agenda. The agenda was agreed by vote of 7-0.

Commissioner Announcements. Commissioner Maydak noted that she had contacted the Department of Parks and Recreation regarding the cleaning of the children’s’ small pool housing the water feature which, when unclean, resulted in a slippery surface for children. She also noted that she was working on the issue of the opening of the bathrooms at Lafayette Park, on Sunday, a complaint that many users of the Park had made.

Community Announcements. Representatives of Councilmembers Cheh and Bowser (Lea Singleton and Judi Gold, respectively) were present.

Further Discussion of Cafritz Property Development (5333 Connecticut Avenue)—ANC /Cafritz Memorandum of Understanding. Chair McCarthy noted that there was only one item on the agenda for the meeting: the result of talks with the Cafritz officials regarding the building proposed for 5333 Connecticut Avenue which resulted in a draft Memorandum of Understanding (MOU) between the ANC 3/4G and Cafritz. The text of the MOU is printed below the minutes. If agreed by the Commission, the MOU would result in the withdrawal of the ANC from the appeal of the building permit. He briefly described the history of the issue: the developer had applied for a building permit without the knowledge of the ANC, and city officials had granted the permit despite the ANC’s repeated requests for information on the project.; the developer had presented its proposed design and construction plans to the ANC at its meeting on April 8, 2013; and after considerable controversy in the community, the developer agreed to meet with the ANC and the 5333 Neighborhood Coalition to resolve the main issues, the sequence of which is detailed in the MOU. He noted that of the 11 points raised by the Coalition, the MOU addresses eight of the concerns.

Commissioners Griffin and Speck, who with the Chair, have been in the Cafritz discussions, both described what they thought were the major opportunities that the ANC achieved in the proposed MOU: improved parking and traffic control. Cafritz agreed to increase the number of parking spaces in the building and agreed to ask DDOT not to grant residential parking permits (RPPs) to tenants of the building (which request, from the developer is expected to be granted). The agreement also included restrictions on the alley behind the building as well as a request to DDOT for the building to have a circular driveway on Connecticut Avenue, which would improve traffic flow through the area.

After discussion among the Commissioners, the Chair made a motion to adopt the MOU. Commissioner Cook made a motion to postpone the adoption of the MOU until the next Commission meeting September 9 so as to gather further input from the community.

Following these motions, the audience participated. Most were opposed to the MOU and said that the ANC had not done enough to get concessions from the developer that benefitted the community.

After further discussion, the Commission voted on Commissioner Cook’s amendment to the Chair’s motion to postpone consideration of the MOU: 3 (Cook, Maydak, and Thompson) in favor; 4 (Griffin, Engel, McCarthy, and Speck) against. The amendment was therefore not adopted. Commissioner Griffin than made a motion for amendment that would adopt the MOU, but postpone the signing of the agreement for two weeks, to give the Coalition and the Cafritz attorney a chance to see if they could reach agreement and join in the MOU (with possible strengthening provisions that the Coalition might gain in return for settling their appeals. The amendment was defeated by vote of 2 (Griffin, Speck) in favor and 5 (Engel, McCarthy, Maydak, Thompson, and Cook) against. The underlying motion to adopt the MOU was then agreed by vote of 4 in favor (McCarthy, Engel, Speck, and Griffin) to 2 against (Cook, Maydak) with Commissioner Thompson abstaining.

Commission Business.

a. The Minutes of the July 25, 2013 public meeting were approved by vote of 7-0.
b. Checks: The ANC approved a check: $104.23 (Verizon-August); by vote of 7-0.
c. The next meeting of the Commission is September 9. Items on the agenda include: a discussion of the Office and Planning’s latest proposed revisions to the zoning code and consideration of possible ANC testimony before the Zoning Commission: a request for a BZA exception for a property at 3400 Morrison Street to build a side and rear addition to the house; and a MPD presentation on traffic issues, including the camera at the intersection of Fessenden Street and Nebraska Avenue.

The meeting was adjourned at approximately 9:40 pm.

Signed
Jim McCarthy David Engel
Chair Secretary

Minutes of Public Meeting
August 27, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair McCarthy. Commissioners present: McCarthy, Thompson, Speck, Engel, Griffin, Cook, and Maydak.

Attendees. Approximately 80 persons were present.

Agenda. The agenda was agreed by vote of 7-0.

Commissioner Announcements. Commissioner Maydak noted that she had contacted the Department of Parks and Recreation regarding the cleaning of the children’s’ small pool housing the water feature which, when unclean, resulted in a slippery surface for children. She also noted that she was working on the issue of the opening of the bathrooms at Lafayette Park, on Sunday, a complaint that many users of the Park had made.

Community Announcements. Representatives of Councilmembers Cheh and Bowser (Lea Singleton and Judi Gold, respectively) were present.

Further Discussion of Cafritz Property Development (5333 Connecticut Avenue)—ANC /Cafritz Memorandum of Understanding. Chair McCarthy noted that there was only one item on the agenda for the meeting: the result of talks with the Cafritz officials regarding the building proposed for 5333 Connecticut Avenue which resulted in a draft Memorandum of Understanding (MOU) between the ANC 3/4G and Cafritz. The text of the MOU is printed below the minutes. If agreed by the Commission, the MOU would result in the withdrawal of the ANC from the appeal of the building permit. He briefly described the history of the issue: the developer had applied for a building permit without the knowledge of the ANC, and city officials had granted the permit despite the ANC’s repeated requests for information on the project.; the developer had presented its proposed design and construction plans to the ANC at its meeting on April 8, 2013; and after considerable controversy in the community, the developer agreed to meet with the ANC and the 5333 Neighborhood Coalition to resolve the main issues, the sequence of which is detailed in the MOU. He noted that of the 11 points raised by the Coalition, the MOU addresses eight of the concerns.

Commissioners Griffin and Speck, who with the Chair, have been in the Cafritz discussions, both described what they thought were the major opportunities that the ANC achieved in the proposed MOU: improved parking and traffic control. Cafritz agreed to increase the number of parking spaces in the building and agreed to ask DDOT not to grant residential parking permits (RPPs) to tenants of the building (which request, from the developer is expected to be granted). The agreement also included restrictions on the alley behind the building as well as a request to DDOT for the building to have a circular driveway on Connecticut Avenue, which would improve traffic flow through the area.

After discussion among the Commissioners, the Chair made a motion to adopt the MOU. Commissioner Cook made a motion to postpone the adoption of the MOU until the next Commission meeting September 9 so as to gather further input from the community.

Following these motions, the audience participated. Most were opposed to the MOU and said that the ANC had not done enough to get concessions from the developer that benefitted the community.

After further discussion, the Commission voted on Commissioner Cook’s amendment to the Chair’s motion to postpone consideration of the MOU: 3 (Cook, Maydak, and Thompson) in favor; 4 (Griffin, Engel, McCarthy, and Speck) against. The amendment was therefore not adopted. Commissioner Griffin than made a motion for amendment that would adopt the MOU, but postpone the signing of the agreement for two weeks, to give the Coalition and the Cafritz attorney a chance to see if they could reach agreement and join in the MOU (with possible strengthening provisions that the Coalition might gain in return for settling their appeals. The amendment was defeated by vote of 2 (Griffin, Speck) in favor and 5 (Engel, McCarthy, Maydak, Thompson, and Cook) against. The underlying motion to adopt the MOU was then agreed by vote of 4 in favor (McCarthy, Engel, Speck, and Griffin) to 2 against (Cook, Maydak) with Commissioner Thompson abstaining.

Commission Business.

a. The Minutes of the July 25, 2013 public meeting were approved by vote of 7-0.
b. Checks: The ANC approved a check: $104.23 (Verizon-August); by vote of 7-0.
c. The next meeting of the Commission is September 9. Items on the agenda include: a discussion of the Office and Planning’s latest proposed revisions to the zoning code and consideration of possible ANC testimony before the Zoning Commission: a request for a BZA exception for a property at 3400 Morrison Street to build a side and rear addition to the house; and a MPD presentation on traffic issues, including the camera at the intersection of Fessenden Street and Nebraska Avenue.

The meeting was adjourned at approximately 9:40 pm.

Signed
Jim McCarthy David Engel
Chair Secretary

MEMORANDUM OF UNDERSTANDING

WHEREAS CMK DEV, LLC (“Cafritz”) owns the property at 5333 Connecticut, N.W., in the District of Columbia between Military Road and Kanawha Street (“5333 Connecticut”) and seeks to build a multi-family residential building (“the Building”) with approximately 261 dwelling units on the property;
WHEREAS Cafritz prepared designs for the proposed Building and in 2012 applied for the necessary permits from agencies of the District of Columbia based on its belief that the proposed Building could be built “as of right” under the zoning rules and regulations of the District of Columbia;
WHEREAS, a number of the residents near 5333 Connecticut objected to some aspects of the proposed design of the Building and formed a coalition (the “5333 Coalition”) opposing issuance of the permits and contending that the proposed design did not conform to the zoning rules and regulations of the District of Columbia and that permits could not be lawfully issued “as of right”;
WHEREAS the Chevy Chase Advisory Neighborhood Commission 3/4G for the District of Columbia (the “ANC”) also raised concerns about whether some aspects of the proposed design conformed to applicable zoning rules and regulations and whether permits could be issued “as of right”;
WHEREAS Cafritz made presentations on its proposed design and construction plans at a public meeting on January 23, 2013, and at an ANC meeting on April 8, 2013;
WHEREAS the ANC and the 5333 Coalition had multiple meetings with Vincent Gray, the Mayor of the District of Columbia, with Mary Cheh, Council Member for Ward 3, and with various officials from the agencies that review permit applications for 5333 Connecticut;
WHEREAS the ANC, the 5333 Coalition, and Cafritz met on multiple occasions during 2013 to discuss the proposed design and construction plans in an effort to resolve differences;
WHEREAS the relevant agencies of the District of Columbia approved various permits authorizing Cafritz to begin construction of the proposed Building at 5333 Connecticut;
WHEREAS the ANC and the 5333 Coalition have filed appeals with the Board of Zoning Adjustments of the District of Columbia (“BZA”) and with the Office of Administrative Hearings (“OAH”) from the grant of permits for construction of the proposed Building at 5333 Connecticut;
WHEREAS the ANC believes that it is in the best interests of the Chevy Chase community and the District of Columbia as a whole to resolve differences about the design of the proposed Building on terms that will provide substantial benefits to the community while permitting the project to proceed on a lawful basis; and
WHEREAS Cafritz is willing to make certain changes to the proposed design, construction, and operation of the Building for the benefit of the community; and
WHEREAS the ANC and Cafritz have agreed on a package of changes to the Building’s design, construction, and operation in order to provide significant benefits to the Chevy Chase community and the District of Columbia as a whole,
THEREFORE, the ANC and Cafritz agree to the following terms in this MEMORANDUM OF UNDERSTANDING that will be binding on both parties:
1. Cafritz agrees to a major redesign of the Building compared with the design that was presented at the community meeting on January 23, 2013, and that was the basis for the 2012 permit applications, including reduction in the glass surface area, increase in the amount of masonry, additional setbacks, nominally less square footage, and two fewer residential units, all as depicted in the concept drawings that Cafritz provided to the ANC at meetings on June 14, 2013, and July 19, 2013.
2. Cafritz agrees to lower the height of the Building by approximately two feet relative to the design that was presented at the community meeting on January 23, 2013 and was the basis for the 2012 permit applications.
3. Cafritz will propose and the ANC will support an application to provide a circular driveway from Connecticut Avenue that will provide a pick-up and drop-off point so as to reduce traffic on Kanawha Street and Military Road and that will also avoid removal of an additional major tree on Connecticut Avenue.
4. Cafritz agrees to provide approximately 40 additional parking spaces for tenants and visitors above the approximately 174 parking spaces included in the design that was presented at the community meeting on January 23, 2013, and that was the basis for the 2012 permit applications;
5. Cafritz agrees that it will request that the District of Columbia Department of Transportation (“DDOT”) restrict the ability of tenants of the Building at 5333 Connecticut to obtain Residential Parking Permits and that Cafritz will make reasonable best efforts to obtain DDOT agreement to exempt Inclusionary Zoning tenants from this restriction.
6. Cafritz agrees to install additional landscaping beyond that included in the design that was presented at the community meeting on January 23, 2013, and that was the basis for the 2012 permit applications, including (a) the options that were presented in a June 27 meeting with the ANC and the 5333 Coalition and (b) reasonable best efforts to potentially preserve additional trees on Military Road, as presented at a July 14 meeting with Cafritz’s landscape architect (with advice from its arborist) and the most affected members of the 5333 Coalition and information included in a revised proposed landscape plan that Cafritz’s landscape architect provided on August 12, 2013.
7. In order to benefit the Building’s tenants and to reduce vehicular traffic in the neighborhood, Cafritz agrees that it will offer to make available up to two parking spaces for a car share company (e.g., Zipcar) and will offer to provide for the installation of a Capital Bike Share station, but Cafritz shall have no obligations if, after a reasonable effort, either (a) Cafritz reasonably determines that security, logistical, or locational considerations make the car share or Capital Bike Share station impractical, or (b) its offer is not accepted by the car share company or by Capital Bike Share. Cafritz shall further have no obligation with regard to car share or bike share facilities that are not located at 5333 Connecticut Avenue (including the associated public space).
8. Cafritz agrees to institute traffic controls and signage, as requested and advised by the DDOT, so that traffic entering and exiting the building will not use the narrow alley that runs from behind the Building to Chevy Chase Parkway, including physical construction of a raised “pork chop” traffic control device to impede a right-hand turn from the Building’s garage.
9. Cafritz agrees to move the exhaust fan for the below-ground parking vent approximately 30 feet to the north relative to the concept design that was presented at the community meeting on January 23, 2013, and that was the basis for the 2012 permit application and to reconfirm with the District of Columbia Department of the Environment that the exhaust will meet all applicable standards.
10. Cafritz agrees to include built-in shades and directed lighting designed to reduce light emanating from the Building at night and to make reasonable effort to encourage tenants to use the built-in shades.
11. Cafritz agrees to implement the specific site-generated traffic controls during construction that were approved by DDOT and presented to the ANC on April 8, 2013.
12. Cafritz agrees to include the following sustainability features in the Building:
a. Green roof technology with planters, green garage roof, and other rooftop areas;
b. Storm water management, including slowing runoff of storm water;
c. Plantings that use less water for irrigation;
d. Use as many energy star appliances as possible;
e. High efficiency HVAC systems;
f. Separate metering of all heating, air conditioning, electricity, and hot water to encourage tenants’ conservation;
g. Adhesives and paints to have minimum or no volatile organic chemicals;
h. Energy efficient light fixtures;
i. Provision of separate chutes for trash and for recyclables on each tenanted floor;
j. Use of local and recycled materials wherever possible;
k. Sorted construction debris when readily achievable;
l. Low-flow plumbing fixtures; and
m. More efficient unit layouts with less wasted space and lower energy usage.
13. The ANC agrees to withdraw as a party to any appeals to the BZA or the Office of Administrative Hearings relating to the permits for the Building as of the effective date of this MEMORANDUM OF UNDERSTANDING, and the ANC will not challenge future permits or zoning for the Building so long as construction pursuant to those permits or zoning is undertaken in accordance with the provisions of this MEMORANDUM OF UNDERSTANDING.
14. The ANC agrees to represent to the BZA that, while the ANC would have preferred to have been involved earlier in the design and review process − despite assertions by Cafritz, the Zoning Administrator, and the District of Columbia Department of Consumer and Regulatory Affairs that the Building application was technically a “matter-of-right” process − given the conditions as they exist now, the proposed design, construction, and operation of the Building under the terms of this MEMORANDUM OF UNDERSTANDING will provide significant benefits to the Chevy Chase community and the District of Columbia as a whole.
15. The ANC agrees that, while any resident has the right to pursue whatever remedies that may be available to them, the ANC will continue to encourage all of the parties to reach an agreement that includes the terms of this MEMORANDUM OF UNDERSTANDING and to avoid unproductive litigation.
Effective: August 28, 2013
______________________________ ______________________________
Jim McCarthy Calvin Cafritz
Chair, Chevy Chase ANC (3G) CMK DEV, LLC

Minutes of Public Meeting
October 22, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair McCarthy. Commissioners present: McCarthy, Thompson, Engel, Speck, Griffin, and Maydak. Absent: Cook

Attendees. Approximately 30 persons were present.

Agenda. The agenda was agreed by vote of 6-0.

Commissioner Announcements.
Chair McCarthy noted that this meeting would deal with the zoning report, as presented through the zoning task force (created by the ANC to include any persons who wished to participate). He further noted that he had received a notice from Councilmember Bowser’s office with regard to the senior citizens property tax relief: those seniors (65+) with adjusted incomes of $125,000 or less would qualify for a property tax reduction of 50%. This represents an increase in the tax threshold from the previous income limit of $100,000. He announced that the ANC, at its October 28 meeting, would be considering the DDOT proposals for Broad Branch Road, which include a proposal to widen the road (which would require the removal of many trees). A meeting on DDOT proposals will be held at the Methodist Home (4901 Connecticut Ave.))

Community Announcements. None.

Draft Testimony on Revisions to Zoning Regulations. Commissioner Thompson reviewed the process of the revision to the Zoning Code to date, including the ANC’s letters to the Office of Planning regarding the proposed revisions. The Office of Planning had taken into account several of the ANC’s comments, including the side-yard set-backs (minimum of eight feet), but concerns remained about the measurement of height, accessory dwelling units as a matter of right, and parking. The zoning task force, comprising Commissioners Thompson (Chair of the task force), Engel, and Speck, and community members Ron Eichner, Deborah Kavruck, Robert Leland, Jerome Page, Wanda Reif, Lorri Scally, Linda Schmitt, and Allen Seeber, had met and decided to issue a report to serve as testimony before the Zoning Board as well as a letter to DC officials. The text of the report is appended to these minutes. Commissioner Thompson noted that task force members did not agree on all findings in this report, but in the spirit of compromise had agreed to the final document. By vote of 6-0, the Commission adopted, with minor changes, the Task Force Report as reflecting the ANC position and agreed to send a letter to the Zoning Commission attaching the ANC 3/4G testimony, which was prepared for hearings before the Zoning Commission. Commissioners Thompson and Speck were appointed to represent the Commission before these hearings.

Commission Business.

a. The Minutes of the September 23, 2013 public meeting were approved by vote of 6-0.

b. Checks: $46.12 (DOES-unemployment insurance-August); $261.65 (Canon Financial—copier rental, 3rd quarter); $162.00 (DC Access-web hosting); $109.41 (Verizon-October); $37.28 (petty cash replenish—postage $32.51, supplies $4.77) were approved by vote of 6-0.

c) Announcement of Fall Grant Period (to be further announced at the regular ANC meeting Oct. 28). Deadline for applications will be Nov. 29.

d) Commissioner Speck announced the ANC allotment for $3,997.96 for FY 2013 Q2.

e) Items for next meeting October 28: Special Exception 3704 Military Rd. for rear addition; Public Space Request at 6944 Greenvale St.; ANC Precinct Alignment (Board of Elections Realignment Proposal); Request for Capital Bikeshare Station; Traffic Photo Enforcement; Further Announcement of Fall Grant Period.

The meeting was adjourned at approximately 9:00pm.

Signed
Jim McCarthy David Engel
Chair Secretary
October 22, 2013

Zoning Commission of D.C.
Office of Zoning
441 4th Street, N.W., Suite 200-S
Washington D.C. 20001

Re: Zoning Commission for the District of Columbia Case No. 08-06A
(Title 11, Zoning Regulations – Comprehensive Text Revisions)

Relevant to testimony for:
— Tuesday, November 5, 2013 (Subtitle B, Definitions)
— Wednesday, November 6, 2013 (Subtitle D, Residential)
— Tuesday, November 12, 2013 (Subtitle C, General Procedures/Parking)

Please note that at our duly noticed October 22, 2013 meeting, the Chevy Chase ANC (ANC 3/4G) voted 6 to 0 (a quorum being four) to submit this letter to the Zoning Commission in which the ANC adopts the following report completed by our Chevy Chase ANC Zoning Task Force. Our ANC appoints Commissioners Gary Thompson and/or Randy Speck to appear on our behalf at any of the upcoming Zoning Commission hearings.

The Task Force Report, incorporated herein in full, is as follows:

Background on the Chevy Chase ANC Task Force

The Chevy Chase ANC created this Task Force at its duly organized public meeting of September 23, 2013, by a unanimous vote of 6-0, and in accordance with its by-laws. The purpose of this Task Force is to study and provide written comment regarding the draft zoning regulations set down by the Zoning Commission at its public meeting of September 9, 2013.

The ANC appointed Commissioner Gary Thompson (Vice-Chair, ANC 4G02) to Chair the Task Force. An open call for volunteer members from our ANC area was made at the ANC meeting, on the Chevy Chase list serv, and in the minutes as published in the Northwest Current. The following members of the community volunteered:

Commissioner Gary Thompson (ANC 3/4G02)
Commissioner David Engel (ANC 3/4G05)
Commissioner Randy Speck (ANC 3/4G03)
Ron Eichner
Deborah Kavruck
Robert Leland
Jerome Paige
Wanda Reif
Lorrie Scally
Linda Schmitt
Allen Seeber

The Task Force members devoted many hours to study and review of the draft regulations, especially those most relevant to our ANC area. We met twice in person, and ultimately adopted this report. As described below, our report reflects where our Task Force achieved a consensus view on various specific issues. Not every Task Force member necessarily agrees with every point made below, and in some cases, separate individual comments may be submitted to the Zoning Commission.

Preliminary Comments

Our Task Force recognizes and commends the incredible amount of work and input that has preceded this point in time by several years, dating back to the initial public task forces, the work from the Office of Planning (“OP”), input from ANCs and communities like ours (our ANC submitted several detailed comments to OP), oversight by our Council, and many other dedicated people. Overall, the draft regulations that are before the Zoning Commission are an admirable end-product of that effort. We recognize that most of the draft regulations are well crafted, while our focus herein is naturally on those aspects of the draft regulations that we feel still need to be changed or improved. In some cases, we highlight a draft regulation with which we agree so as to emphasize the importance of its adoption as currently drafted.

We thank the Zoning Commission for its review of our comments and for its time and commitment to these issues. We ask that the Commission hear our testimony as an organization, with enough time for due consideration taking into account that this testimony reflects the views of many individuals and our ANC as a body.

Comments on Subtitle D, Residential (Wednesday, November 6, 2013)

1. D201 – “Development Standards.” Our Task Force is pleased to see that for R-1 to R-4 zones, the draft regulations retained the 40-foot height maximum, an absolute 3-story limit, and the various lot occupancy maximums and pervious surface minimums.

2. D205.1 – “Front Setback.” The draft regulations provide that “a front setback shall be provided in the R-1, R-2, R-3, and R-4 zone that is within the range of existing front setbacks of all structures on the same side of the street in the block where the building is proposed.” This is a welcome concept – to maintain a relatively uniform front setback line on any given block, but we suggest some definition to the phrase “within the range.” Specifically, D205.1 should cross reference C1002.1, which provides further specific guidance in this respect.

3. D206 (“Rear Setback”) and D207 (“Side Setback”) – our Task Force is pleased to see the draft regulations revert from prior OP versions to the existing setback minimums for R1 and R2 areas of 25 ft. (rear) and 8. ft. (side).

4. D1301 (“Development Standards for Accessory Buildings”) – our Task Force approves these standards for all Accessory Buildings in R zones (20 ft., 2 stories, etc.), which are independent of whether an “accessory apartment” is or is not located within such Accessory Building (addressed below). We understand D1501.6, which is in a different Chapter, to limit the absolute height of any accessory building, inclusive of any roof structures, to 20 feet (“from the existing grade to the highest point of the roof”). To be clear on this point, D1301 should cross-reference D1501.6.

5. D1501.2 (“Height Regulations”) – 1501.2 provides that “a spire, tower, dome, pinnacle, minaret serving as an architectural embellishment, or antenna may be erected to a height in excess of that which this section otherwise authorizes,” i.e., above the 40-foot roof height limit for residential zones. D1502.2 and D1502.3 then limit to 10-feet “in height above the roof upon which they are located” certain “structures” such as antennas, pergolas, and penthouses. We recommend that in any R-zone, there be an absolute 10-foot extra height limit for any structure or other embellishment that sits above the roof on which it is located, whatever rooftop item might be called (spire, tower, dome, etc.). As drafted, certain rooftop items like a “spire” technically have no height limit.

a. Making this matter somewhat confusing, C505 contains a series of overlapping height requirements for the same series of “roof structures.” Again, certain structures set forth in 505.1(a) to (c) (spires, towers, domes, etc.) fall through the cracks and technically have no height limit. This should be remedied by adoption of an overall 10-foot excess height limit, at least for residential areas.

b. Also, it should be made express that any structures on the roof, such as a penthouse, be “non-inhabitable.”

6. Compounding the confusion for building heights in residential areas, C502 sets forth other rules specifically for “residential” zones. C502 is a chapter that logically goes in Subtitle D but for some reason sits within Subtitle C. The Chapter should be moved from Subtitle C to Subtitle D. Thus, we comment on C502 here, in the context of residential issues.

a. Further compounding the confusion regarding building heights in residential zones, Subpart B also has a self-standing definition for “Building Height, Residential Zones” that essentially repeats the substance of C502. The redundant Subpart B definition should be deleted.

7. C502.3 addresses the building height measuring point (BHMP). Whatever side is selected as the front, the measurement should be taken “from the existing grade at the mid-point of the front lot line,” not from “the existing grade at the mid-point of the building façade of the principal building that is closest to a street lot line.” Using the middle of the “lot” is a fixed point, whereas using the middle of the closest “building façade” would allow the design placement of the building facades themselves to alter the height allowance.

8. In lieu of draft section C502.5 (or similar language in the Subpart B definition) – which relates only to residential rules – our Task Force favors an absolute height limit for residential buildings, with language such as that used for flat roofs in C502.4: “the building height shall be measured from the Base Height Measuring Point to the highest point of the roof or parapet, excluding parapets and balustrades not exceeding four feet (4 ft.) in height.” This would replace the confusing “average level” requirements of C502.5. C502.5 has a confusing “averaging regime” that could allow the absolute residential height to be manipulated, in some cases, to well over 50 feet from finished grade.

a. Given the 3-story limit, 40-feet is ample space in which to construct three stories (approx. 30 feet) and also allow leeway for various types of roofs. This would not create an undue incentive for builders to design flat roofs at the full 40 feet because the three floor limit will tend to limit home height (absent a roof) to well under 40 feet.

9. C502.8 (and the Subpart B definition) provides that in residential areas, “if a building fronts on more than one (1) street, any front may be used to determine street frontage; but the basis for measuring the height of the building shall be established by the street selected as the front of the building.” This is sometimes called the “mix-and-match” rule, allowing a builder to select one street frontage to generate the height limit, but then apply that height limit to a different frontage that is “selected as the front of the building,” thus allowing for a height limit that would be in excess of that permitted from either frontage. Our Task Force believes that whatever side is selected to determine the height limit must be the same side where that height limit is applied. This will avoid permitting as-of-right residential buildings that are out of scale with the surrounding streets and neighborhood. Thus, the language should read, in effect, as follows: “starting with the effective date of these regulations, if a building fronts on more than one (1) street, any front may be used to determine street frontage for height purposes; but the basis for then measuring the height of the building shall be established by the same front selected to determine such height.”

a. We note that this is one of the issues regarding the proposed “Cafritz building” at 5333 Conn. Ave. Whatever the outcome of that issue, we believe this issue should be clarified once and for all for future corner-lot residential developments.

b. We are aware that under the federal height statutes for D.C., the D.C. Corporation Counsel has for 60 years interpreted similar language to provide for the “mix-and-match” rule. This Commission may believe that it is bound to follow the D.C. Corporation Counsel opinion. In the end, this may be a matter for a Court to decide, but this Commission should take whatever steps are available to rectify what we believe is an erroneous interpretation of the statute and unwise public policy.

10. D1505.3/1506.3 — for pre-May 12, 1958 homes, these provisions allow a matter-of-right extension or addition that follow existing non-conformities for rear and side setbacks. Our Task Force approves this improvement, as these account for the vast number of existing variances requested of our ANC (where there are many additions to pre-1958 homes following the same setback lines). It appears that these sections should cross-reference similar provisions at C302.

11. D1509.2 mistakenly cross-references D1607 when it clearly means to cross-reference D1606.

12. D1606 addresses accessory apartment conditions. Our Task Force favors allowing interior accessory apartments as a matter of right, subject to the various D1606 conditions that apply, both within D1606.4(e) and otherwise. Experience may reveal the need for future additional conditions that may be necessary to protect the homeowner from difficult tenant situations.

13. However, our Task Force disfavors allowing accessory apartments in exterior accessory buildings other than by a special exception that is reviewed by the ANC. Presently D1606.4(f) requires a special exception in certain cases, but not others. We believe that the rationale for requiring a special exception applies equally to an external accessory apartment in an existing structure as in a new or materially modified structure. Thus, the language in D1606.4(f) should be modified to require a special exception in all cases.

a. The rationale here is that a residential community, through its ANC, should continue to have input on whether an exterior accessory apartment should be allowed, which is the current rule (with narrow exceptions). This would also facilitate communication and dialogue with the community.

b. Our caveat is that an ANC’s judgment in this regard should be guided by some objective criteria beyond the conditions set forth in subsections D1606.4(f)(1), (3), (4), (5), (6), and (7). Such objective criteria would provide a guide to ANCs and guard against any arbitrary judgments that an ANC might make in this regard. These criteria should be guidelines, to be applied to a specific circumstance, and would include a consideration of any impact the apartment occupancy would have on: (i) the purposes set forth in D200.1; (ii) nearby parking; or (iii) interference with the use and enjoyment of adjacent properties.

14. D1606.2 would also need to be deleted or altered to reflect the overall revisions to D1606.

15. D1606.4(g) – this subsection allows the Board to “modify or waive” any two requirements in D1606.4(a) to (f), with essentially one exception (the owner-occupancy requirement). This is ambiguous given the multiple sub-sections within (e) and (f) (e.g., does the ability to waive requirements apply to any two such sub-sections?). Importantly, our Task Force does not understand this leeway provided to the Board to override any of the careful and detailed requirements set forth in (a) to (f). If these are “requirements,” they should be requirements. The Board should not have unfettered discretion to simply waive any of them.

a. At a minimum, the subsection (e) and (f) requirements (inclusive of (1) through (9)) also should be non-waivable by the Board (or at a minimum, (f)(5) regarding access should be non-waivable).

b. At a minimum, D1606.4(g) should contain a sub-section (3) which reads “subject to input from the affected ANC,” in order to ensure that the Board provides due deference to the ANC if such waivers are permitted.

Comments on Subtitle C, General Procedures/Parking (Tuesday, November 12, 2013)

1. Subtitle C has many sections that apply to both residential and commercial areas. In many respects, there is ambiguity between Subtitles C and D regarding residential requirements. It seems that many of the residential-only related requirements contained with Subtitle C would be better placed within Subtitle D. Certain obvious example are noted above, such as C502 related to height limits in residential areas.

2. Our comments on C502 and C505 are addressed above.

3. C1201.3(d) addresses required rear yard setback for a principal building. We think subsection (d) should be amended as follows: “Where there is more than one rear lot line generally parallel to the front lot line but separated by a lot line generally perpendicular to the rear lot lines, then the rear setback shall be measured from the rear lot line more distant from the front lot line, and measured across the full width of the property to where it intersects both side lot lines; however, in no case shall the rear setback be less than the required side yard setback.”

4. C1901.5 contains the minimum parking requirements for apartment buildings in residential zones (“Residential, Multi-Household”), requiring “1 per 3 dwelling units in excess of 4 units, except 1 per 2 dwelling units for any zone within Subtitles D or E….” What this means along our Conn. Ave. commercial corridor is that an apartment building with less than 4 units need provide no parking, and an apartment building with 9 units need provide only one parking space (one for the three units in excess of four, with the remainder of two more units not yielding an additional parking spot requirement). Our Task Force disagrees with this relaxed parking requirement – it should be a simple rule of one spot for every three units.

5. C1902.1 troubles our Task Force, in that a WMATA-declared “Priority Corridor Network Metrobus Route” would by itself relax all the parking requirements of C1901.5 by a full 50%. We think it is inappropriate to let a decision by WMATA to determine the parking requirements applicable under D.C. zoning regulations, and would argue that such decisions should be made by an agency of the District government. We recommend eliminating such an alteration by WMATA unless pursuant to a process that involves the ANC and the Zoning Commission.

a. The problem with such relaxed parking requirements, of course, is that apartment building tenants more often than not have cars, which they then park on nearby residential streets. Recently constructed apartment buildings (including near Metro stops) provide a ratio of approximately 2 spots for every 3 units, far more spots that the draft 1-for-3 requirement. In other words, a 2-for-3 ratio is the market reality.

b. We believe the Zoning Commission needs to take into account the realities of how apartment dwellers in many neighborhoods live (they tend to have cars), not idealistic hopes of how policy makers wish they would behave (forgo cars and rely on public transit). A disconnect between the foreseeable reality now and an ideal future would result in even less parking available on nearby residential streets.

6. C1902.3(a) – our Task Force agrees with the parking exemption for a single family home that does not have access to an alley.

7. C1907 provides that if an owner chooses to provide more than 1.5 times the minimum parking spaces required, the owner must implement certain “Transportation Demand Management Features” (TDMF) intended to reduce the number or mitigate the impact of private vehicles. While we understand the impetus for this approach, our Task Force has concerns with the specifics. First, the absolute minimums can be significantly lower than the current market provides, as noted above. Second, an owner may want to provide more than 1.5 times the minimum parking because of obvious tenant-market demands for in-building parking. But the penalties could discourage the provision of such parking, defeating market forces, and also shifting tenant parking onto nearby residential streets. We propose that the trigger for the TDMF should be two-times the base minimum parking requirement, unaffected by any reduced requirements that may be in place through C1902.1.

a. This is more reasonable because if the current market provides approximately 2-for-3 parking, and the new requirement is 1-for-3 parking, then two-times the minimum is simply what the current market demand suggests, and there should not be a penalty for a builder than simply builds to market demand.

Comments on Subtitle B, Definitions (Tuesday, November 5, 2013)

1. See our comments above regarding the redundant and unnecessary definitions of “Building Height, Residential Zones” and “Building Height, Non-Residential Zones.”

2. “Cellar” is defined as “that portion of a story, the ceiling of which is less than four feet (4 ft.) above the adjacent finished grade.” This should be amended to read “…above the existing grade.” “Existing” is easier to define than “finished,” which can be altered. Such an edit would be consistent with C502 and the “Building Height” definitions which expressly provide that “berms or other forms of artificial landscaping shall not be included in measuring the high point of the adjacent finished grade.” This edit to “existing” would prevent the manipulation that can take place by a builder simply constructing a berm around a building in order to re-label what is clearly a “floor” a “cellar,” thus taking the “cellar” area out of the allowed FAR square footage.

a. The Cafritz building at 5333 Conn. Ave. presents this anomalous situation, whereby what appears to be ground “floor” units might be re-cast as “cellar” units because of an artificial berm that will ring the area. Whatever the outcome of the adjacent residents challenge to the Cafritz building in this regard, this anomaly should be cured by editing the definition of “cellar” as noted above.

Comments on Subtitle Y, BZA Rules (Monday, November 4, 2013)

1. Y604.8 should be amended to read “For purposes of this chapter, a decision or order shall be and become final upon its filing in the record and service upon the parties within XXX days [45, 60, 90 days].

Conclusion

Thank you for your attention. We welcome your questions and are available to work further with OP or others that may be implementing changes requested by the Zoning Commission.
Respectfully Submitted,

_____________________________
Gary Thompson
Chair, Chevy Chase Zoning Task Force

_____________________________
Jim McCarthy,
Chair, Chevy Chase ANC

cc: Mayor Vincent Gray
D.C. Council Chair Phil Mendelsohn
Ward 3 Councilmember Mary Cheh
Ward 4 Councilmember Muriel Bowser
At-Large Councilmember Anita Bonds
At-Large Councilmember David Catania
At-Large Councilmember David Grosso
At-Large Councilmember Vincent Orange
The Chairs of our nearby ANCs in Wards 3 and 4
Chevy Chase list serv

Minutes of Public Meeting
October 28, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair McCarthy. Commissioners present: McCarthy, Thompson, Engel, Speck, Griffin, and Cook. Absent: Maydak.

Attendees. Approximately 30 persons were present.

Agenda. The agenda was agreed by vote of 6-0, with the following changes: the postponement of a discussion on traffic enforcement and the addition of a discussion on the ANC website.

Commissioner Announcements. Chair McCarthy noted that this meeting would be long as many issues had to be dealt with and urged Commissioners and the audience to be as succinct as possible in their comments. Commissioner Speck announced that the Office of People’s Counsel would have hearings November 2 on Pepco’s proposed rate increases. He also announced a meeting of Chevy Chase home owners who are interested in bulk purchases of solar installations for November 13 at 7 PM at the home of Brendan Doyle, 5721 Utah Avenue NW, Washington, DC 20015, RSVP to Emily Stiever at ward3@dcsun.org . Commissioner Thompson announced that a new stop sign, supported by a majority of the Commission, had been placed at the corner of Utah Avenue and Northampton Street. Commissioner Cook noted that the Age-Friendly Community Consultation she would coordinate at the Community Center on Halloween for Club60+ members and the public would facilitate Ward 3 and 4 seniors providing input to the DC government on their priorities for aging in place. Chair McCarthy welcomed Mr.Gottlieb Simon, the Director of ANCs, to the meeting. He also noted the planned closures of parts of Kalmia Road between West and East Beach Drives to reconstruct the existing culvert over Rock Creek, which was seriously damaged in a 2010 storm. Information on the project can be found at www.kalmiaculvert.com/sitepages/home/aspx

Community Announcements. Representatives from Councilmembers Cheh and Bowser announced their presence and willingness to answer constituents’ questions.

BZA Special Exception for 3704 Military Road BZA #18670. The owner presented her case for the Special Exception: to construct an addition to the house which consists of a 2-sory addition which extends the house by about 4 feet. Neighbors had no objections. The Commission agreed to a motion by Chair McCarthy to support the Special Exception by vote of 6-0 and he will represent the Commission at any and all BZA hearings on the matter.

Board of Elections on the Precinct Re-Alignment Proposal. Board of Elections representative Mr. Clifford Tatum appeared to explain the reasons for the proposal to re-align voting precincts so that they match ANC members’ districts. He said that the comment period extended until December 1. Several Commissioners noted the changes might confuse and/or disrupt voter patterns. After discussion, the Commission agreed to further discuss the changes at the November 25 meeting.

Greenvale Street: Request for the use of Public Space. An application for the use of Public Space (DDOT # 86988) was received by the ANC requesting ANC input on the property at 6944 Greenvale Street. The applicant had constructed a stone handrail on public space to facilitate handicapped access to the property. The issue raised by neighbors concerned the fact that the structure might impede the rebuilding of Greenvale Street and the sidewalks which would accompany the reconstruction. The applicant said that he was in favor of the reconstruction and sidewalks. However, it was noted that the applicant had built the structure without a Public Space permit or a Building permit, and after discussion the Commission voted on a motion by Commissioner Engel to “object” to the application which was passed by vote of 5-1 (Speck).

Bikeshare Program—Request for Chevy Chase Location of Bike Stands. Chair McCarthy noted that the Chevy Chase area did not have a stand for DC bikeshares, and offered a letter to DDOT requesting a “docking station” within the Chevy Chase area. After discussion, the Commission approved the letter by 6-0.

Broad Branch Road Reconstruction: Environmental Assessment of Project (Linnean Avenue to Beach Drive). Commissioner Speck reported on the Environmental Assessment of DDOT for the reconstruction of Broad Branch Road (Linnean Avenue to Beach Drive) and the four options that were presented in the report: 1) leaving it as it is; 2) rebuilding the road at its existing width; 3) rebuilding at its existing width while adding a sidewalk; and 4) widening the road to incorporate a bike lane. All options would include adding curbs and gutters. Although the agency does not identify a preference among the alternatives, some work will be required because of its poor conditions. After discussion, Commissioner Speck offered a motion in support of Alternative 4, the most extensive approach and would provide for a 6-foot wide walk path on the west side of Broad Branch, a 4-foot wide bike path on the east side of the road, and a cross-section of road from 37-47 feet. The estimated cost is $37.1 million with construction duration of 36 months. After discussion, the Commission voted 4-2 (Cook and Griffin against) in favor of the motion and to send a letter to DDOT regarding this issue.

DC Height Limitations. Commissioner Thompson reviewed the National Capital Area Planning Commission (NCPC) and the Office of Planning proposals on height limitations for the District of Columbia. He said that he had sent a letter in support of the NCPC proposal which essentially maintains the current height regulations (as opposed to the Office of Planning which offers some relaxations outside of the core downtown –federal- area). After discussion, he offered a motion to support the NCPC position, which was not accepted by vote 2 in favor (Thompson and Cook) and 4 against (McCarthy, Speck, Engel, and Griffin). The latter Commissioners wanted more time and discussion on the matter.

5333 Connecticut Avenue (Cafritz) There was a short discussion and updates of recent events, including working hours and tree removal. It was expected that the BZA would announce its decision shortly, to be followed by its written report some 30-60 days after its ruling.

Commission Business.

a. The Minutes of the October 22, 2013 public meeting were approved by vote of 5-0-1 (Cook was not at the October 22 meeting).

b. Checks: none

c. Announcement of Fall Grant Period. Deadline for applications will be Nov. 22 and presentation will be at the November 25 meeting

d. The ANC Quarterly Report was agreed to by vote of 6-0.

e. The ANC FY 2014 Budget was approved with the addition of $1,200 for website improvements by vote of 6-0.

f. Items for the November 25 Meeting: Grant Presentations

The meeting was adjourned at approximately 9:45pm.

Signed
Jim McCarthy David Engel
Chair Secretary

Minutes of Public Meeting
November 25, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Vice Chair Thompson. Commissioners present: Thompson, Engel, Speck, Griffin, Cook, and Maydak. Absent: McCarthy.

Attendees. Approximately 50 persons were present.

Agenda. The agenda was agreed by vote of 6-0.

Commissioner Announcements. Vice Chair Thompson welcomed Councilmember Cheh to the meeting. He announced that he, as well as Commissioner Speck, had testified on the proposed Zoning Regulations before the Zoning Commission which was well received and that at present, was anticipating the decision by the Zoning Commission. He also noted the proposed changes to the E-6 bus schedule had been rescinded. Commissioner Engel asked that time limits be placed on the agenda items—15 minutes on the E-6 bus line and half an hour on the 5333 Connecticut Avenue building construction.

Community Announcements. None

Vote on Grants. There were four requests for grants from the ANC as presented by applicants at the meeting: 1. Global Harmony to support homeless families for caroling events–$450.00; 2. Chevy Chase Citizens Association for replacements of Toys for Tots Child Center at the Chevy Chase Community Center–$300.00; 3. CAC MPD 2nd District for annual awards plaques for 2014 awards ceremony–$2,000.00; and 4. Wilson Crew Boosters for new equipment–$2,000.00. Each of the grant applicants explained to the Commission what the funds would be used for.

Grant Presentation. The applications will be voted on at the ANC meeting of Dec. 9.

Ingleside Expansion. Ms.Lynn O’Connor, the President and CEO of the nonprofit Ingleside retirement facility, presented tentative plans for the expansion of the facility at 5121 Broad Branch Road. Although no formal zoning applications had been filed, she stated that she wanted to inform the community of the plans to expand and enhance the Ingleside facility. Although the facility had to issue bonds to cover the costs of the expansion, and therefore had to file the master plans altogether, she said that the project would proceed in 3 stages: 1. the establishment of independent living apartments which would be 7-stories high with parking underneath the building; 2. the razing of an existing Ingleside building to construct a new skilled Nursing/ Memory Care building; and 3. the construction of a new wellness center. Expected applications for these changes are in March 2015, with construction beginning in September 2016. As noted by Commissioners, these changes may involve applications for Special Exceptions and Variance applications, which the Commission would take up when applications were received. The Commissioners received the preview of the Ingleside expansion with praise that the facility had given the ANC and members of the community time to comment on the plans (unlike the Cafritz development).

5333 Connecticut Avenue Update. The discussion of curb cuts for a circular drive on Connecticut Avenue was postponed because the ANC had not received a Public Space permit to which the Commission was to reply. Community comment included the citizen complaints about the hours of the work at the site as well as truck routes and hours of operations. Commissioner Speck agreed to ask the Cafritz development to the next ANC meeting to compare what had been agreed under the Memorandum of Understanding (signed in August) and what had subsequently transpired.

Possible New Restaurant at 5520 Connecticut Avenue (Chevy Chase Arcade). Mr. Tony Brown described a restaurant that he hoped to establish in the Chevy Chase Arcade, taking the space of the picture framers who had moved to Cleveland Park. He said the restaurant would serve French food and would serve patrons at normal business hours. Capacity would be at 60 patrons. Questioned by near-by residents about trash collection and noise, he agreed to meet with them to solve any potential problems. Further discussion will occur with the application for a liquor license.

Board of Elections on the Precinct Re-Alignment Proposal. Board of Elections representative Mr. Clifford Tatum appeared at the previous ANC meeting to explain the reasons for the proposal to re-align voting precincts so that they match ANC members’ districts. He said that the comment period extended until December 1. Several Commissioners noted the changes might confuse and/or disrupt voter patterns, and, at this meeting, Commissioner Speck presented his draft letter to the DC Board of Elections. The letter said that all voters in SMD 3G01 should continue to vote at Lafayette School and that the voters in SMD 3G03 continue to vote at St. John’s College High School. Commissioner’s Speck’s letter was agreed by vote of 6-0 and was subsequently sent to the DC Board of Elections

Commission Business.

a. The Minutes of the October 28, 2013 public meeting were approved by vote of 5-0-1 (Cook was not at the October 22 meeting).

b. Checks: $59.36 (Staples—Diane Werneke office supplies); $124.00 (Postmaster –rental box at Northwest Station); $20.00 (Allen Beach—post office box late fee (which was not late, but argument w/ Post Office would have kept our PO box out of commission for some time). Agreed by vote of 6-0.

c. The ANC Quarterly Report, as amended, was agreed to by vote of 6-0.

d. Items for the December 9 Meeting: Vote on grants; discussion/presentation by Cafritz

The meeting was adjourned at approximately 9:45pm.

Signed
Gary Thompson David Engel
Vice Chair Secretary

Minutes of Public Meeting
November 25, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Vice Chair Thompson. Commissioners present: Thompson, Engel, Speck, Griffin, Cook, and Maydak. Absent: McCarthy.

Attendees. Approximately 50 persons were present.

Agenda. The agenda was agreed by vote of 6-0.

Commissioner Announcements. Vice Chair Thompson welcomed Councilmember Cheh to the meeting. He announced that he, as well as Commissioner Speck, had testified on the proposed Zoning Regulations before the Zoning Commission which was well received and that at present, was anticipating the decision by the Zoning Commission. He also noted the proposed changes to the E-6 bus schedule had been rescinded. Commissioner Engel asked that time limits be placed on the agenda items—15 minutes on the E-6 bus line and half an hour on the 5333 Connecticut Avenue building construction.

Community Announcements. None

Vote on Grants. There were four requests for grants from the ANC as presented by applicants at the meeting: 1. Global Harmony to support homeless families for caroling events–$450.00; 2. Chevy Chase Citizens Association for replacements of Toys for Tots Child Center at the Chevy Chase Community Center–$300.00; 3. CAC MPD 2nd District for annual awards plaques for 2014 awards ceremony–$2,000.00; and 4. Wilson Crew Boosters for new equipment–$2,000.00. Each of the grant applicants explained to the Commission what the funds would be used for.

Grant Presentation. The applications will be voted on at the ANC meeting of Dec. 9.

Ingleside Expansion. Ms.Lynn O’Connor, the President and CEO of the nonprofit Ingleside retirement facility, presented tentative plans for the expansion of the facility at 5121 Broad Branch Road. Although no formal zoning applications had been filed, she stated that she wanted to inform the community of the plans to expand and enhance the Ingleside facility. Although the facility had to issue bonds to cover the costs of the expansion, and therefore had to file the master plans altogether, she said that the project would proceed in 3 stages: 1. the establishment of independent living apartments which would be 7-stories high with parking underneath the building; 2. the razing of an existing Ingleside building to construct a new skilled Nursing/ Memory Care building; and 3. the construction of a new wellness center. Expected applications for these changes are in March 2015, with construction beginning in September 2016. As noted by Commissioners, these changes may involve applications for Special Exceptions and Variance applications, which the Commission would take up when applications were received. The Commissioners received the preview of the Ingleside expansion with praise that the facility had given the ANC and members of the community time to comment on the plans (unlike the Cafritz development).

5333 Connecticut Avenue Update. The discussion of curb cuts for a circular drive on Connecticut Avenue was postponed because the ANC had not received a Public Space permit to which the Commission was to reply. Community comment included the citizen complaints about the hours of the work at the site as well as truck routes and hours of operations. Commissioner Speck agreed to ask the Cafritz development to the next ANC meeting to compare what had been agreed under the Memorandum of Understanding (signed in August) and what had subsequently transpired.

Possible New Restaurant at 5520 Connecticut Avenue (Chevy Chase Arcade). Mr. Tony Brown described a restaurant that he hoped to establish in the Chevy Chase Arcade, taking the space of the picture framers who had moved to Cleveland Park. He said the restaurant would serve French food and would serve patrons at normal business hours. Capacity would be at 60 patrons. Questioned by near-by residents about trash collection and noise, he agreed to meet with them to solve any potential problems. Further discussion will occur with the application for a liquor license.

Board of Elections on the Precinct Re-Alignment Proposal. Board of Elections representative Mr. Clifford Tatum appeared at the previous ANC meeting to explain the reasons for the proposal to re-align voting precincts so that they match ANC members’ districts. He said that the comment period extended until December 1. Several Commissioners noted the changes might confuse and/or disrupt voter patterns, and, at this meeting, Commissioner Speck presented his draft letter to the DC Board of Elections. The letter said that all voters in SMD 3G01 should continue to vote at Lafayette School and that the voters in SMD 3G03 continue to vote at St. John’s College High School. Commissioner’s Speck’s letter was agreed by vote of 6-0 and was subsequently sent to the DC Board of Elections

Commission Business.

a. The Minutes of the October 28, 2013 public meeting were approved by vote of 5-0-1 (Cook was not at the October 22 meeting).

b. Checks: $59.36 (Staples—Diane Werneke office supplies); $124.00 (Postmaster –rental box at Northwest Station); $20.00 (Allen Beach—post office box late fee (which was not late, but argument w/ Post Office would have kept our PO box out of commission for some time). Agreed by vote of 6-0.

c. The ANC Quarterly Report, as amended, was agreed to by vote of 6-0.

d. Items for the December 9 Meeting: Vote on grants; discussion/presentation by Cafritz

The meeting was adjourned at approximately 9:45pm.

Signed
Gary Thompson David Engel
Vice Chair Secretary
Minutes of Public Meeting
December 9, 2013
Chevy Chase Advisory Neighborhood Commission 3/4G
Chevy Chase Community Center
5601 Connecticut Avenue, NW
Washington, DC 20015.

Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair McCarthy. Commissioners present: McCarthy, Engel, Speck, Griffin, Cook, and Maydak. Absent: Thompson (plane cancelled).

Attendees. Approximately 35 persons were present.

Agenda. The agenda was agreed by vote of 6-0.

Commissioner Announcements. Chair McCarthy announced the resignation of Diane Werneke, Executive Director of the ANC, after 10 years of service as of March 2014. A new candidate will be sought. Commissioner Cook reviewed a recent forum held by Councilmember Bond on affordable housing and work force development and also commended the generosity of CC DC for help for the homeless.

Community Announcements. Councilmember Bowser’s “Holiday Party” will be held on Saturday, December14.

Vote on Grants. There were four requests for grants from the ANC as presented by applicants at the previous meeting: (1). Global Harmony to support homeless families for caroling events–$450.00; (2). Chevy Chase Citizens Association for replacement of broken toys for the Toddler Closet at the Chevy Chase Community Center–$300.00; (3). CAC MPD 2nd District for annual awards plaques for 2014 awards ceremony–$2,000.00; and (4). Wilson Crew Boosters for new equipment–$2,000.00. Each of the grant applicants had explained to the Commission what the funds would be used for.

Grants were voted (5 -1 (Cook)) as follow:
Global Harmony $450.00
Chevy Chase Citizens Assoc. $300.00
Citizens Advisory Council, MPD 2nd District (deferred due to timing of activity – no amount at this time)
Wilson Crew Boosters $2,000.00

Grant Presentation. The Representative from Friendship Place requested $2,000 to purchase underwear, shoes, and Smart Trip (transportation) cards for participants of their Welcome Center which offers hospitality and residential services, including Direct Housing and Aim Hire Job placement program. In addition to case management services, participants are also able to access consistent medical and psychiatric care. The application will be voted on at the ANC meeting of January 13.
5333 Connecticut Avenue Update. The Chair reviewed developments since our last meeting, and then asked Commissioner Speck to report on the status of each item that was agreed in the Memorandum of Understanding between the developer and the ANC in August. Commissioner Speck reported that Cafritz submitted a revised design to DCRA on November 27, 2013, as agreed in the MOU. Although the ANC only received the new design drawings at the meeting, the developer represented that the redesign reduces the height of the building and the amount of glass, moves the garage exhaust fan 30 feet to the north, and adds 40 parking spaces. The ANC indicated that it would review the design to assure full compliance with the MOU. Commissioner Speck also reported that the developer is revising its application for the use of Public Space for a circular driveway on Connecticut Avenue and seeks the ANC’s support in accordance with the MOU. (There was no need for the ANC to consider this request now, however, because DDOT/Public Space would not take up the circular drive application until January 23, 2014, and DDOT’s Matthew Marcou subsequently agreed that DDOT will consider the ANC’s comments from its next meeting on January 13, 2014.) Commissioner Speck reported that a number of commitments in the MOU are not yet ripe for any action, including restrictions on Residential Parking Permits for tenants, site landscaping, car share and bike share arrangements, and traffic controls for ingress and egress from the garage. The Cafritz team, including Whayne Quin (attorney), Robert Lockhart (construction management), and Eric Colbert (architect), presented the revised design, a copy of which was provided to the 5333 Connecticut Neighbors Coalition. Among other things, the architect described the permanent shades and the lighting design that was intended to minimize the light emitted from the building. The Cafritz team also discussed their efforts to preserve trees along the streets abutting the property.

Chairman McCarthy then opened the discussion to the community, and a number of questions were raised about traffic control and monitoring of trucks at the site. As a result of the discussion, the ANC agreed by vote of 6-0 to send letters to the site construction manager, DDOT, and MPD regarding these issues and specifically asking for daily supervision. (The ANC subsequently sent emails and received assurances of close monitoring.)

Commission Business.

a. The Minutes of the November 25, 2013 public meeting were approved by vote of 5-0-1 (McCarthy was not at the November 25 meeting; Thompson absent at the December 9 meeting).

b. Checks: $180.77 (IRS-November withholding). This was approved by vote of 6-0. An allotment for the ANC of $3,997.76 per quarter was announced by Commissioner Speck. Commissioner Speck also requested the approval to the Commission to sign checks for incoming payments in the interim period which was agreed by vote of 6-0.

c. No meeting on Dec. 23; items for Jan. 13 meeting include: election of officers; adoption of ANC By-Laws; participation in ANC Security Fund; meeting dates for 2013; updates on the Cafritz property development including discussion and possible vote on circular drive on Connecticut Avenue ; and other issues that may arise in the interim.

The meeting was adjourned at approximately 9:30pm.

Signed
Jim McCarthy David Engel
Chair Secretary