The Week Ahead…And New Questions About the Hine Re-Appeal

A new perspective of the 49 unit condo building planned by Madison Investments for 11th and I Streets, SE, showing changes made to the exterior design to incorporate additional features to make the structure more compatible with the Capitol Hill Historic District.  Courtesy of Jeff Goins, of PGN Architects.

A new perspective of the 49 unit condo building planned by Madison Investments for 11th and I Streets, SE, showing changes made to the exterior design to incorporate additional features to make the structure more compatible with the Capitol Hill Historic District. Courtesy of Jeff Goins, of PGN Architects.

The Week Ahead…And New Questions About the Hine Re-Appeal

Also New Perspective of 49 Condo Unit at 11th and I Streets, SE

by Larry Janezich

Thursday’s EMMCA meeting with ANC6B Commissioners Pate and Frishberg on the future of Eastern Market Metro Park comes at an interesting time, since both commissioners have raised questions regarding EMMCA’s decision to remain as a party to the re-appeal of the recent appeals court decision in favor of the developer on the Hine Development.  The court found that there was not sufficient reason to overturn the zoning commission approval of the development.  The Hine Coalition is re-appealing to the full nine member court (en banc).

CHC looked into the matter and find that neither EMMCA members nor the current EMMCA leadership was consulted on the decision to re-appeal.  Carl Reeverts, one of the EMMCA co-chairs and a candidate for a seat on ANC6B, writes: “the Hine Coalition did not consult with the current EMMCA co-chairs because the petition for rehearing was a customary part of the ongoing appeal process.”

In apparent recognition of this failure to consult membership or current leadership, EMMCA recently sent the following to its membership : “As we told you in the Sept. 3 EMMCA MATTERS, when the Hine Coalition asked for a rehearing en banc of the DC Court of Appeals Aug. 14, 2014, ruling, EMMCA continued participating in the 2013 appeal as an intervenor.  The petition for rehearing is customarily part of the appeal process.  Because we value the opinions of EMMCA members and want EMMCA to continue to be inclusive, we’d like to know if any EMMCA members have any input, comments or concerns about EMMCA’s continued participation in the appeal.”

Ed. Note:  According to the attorney for the litigants in the appeal of the zoning commission decision on Hine, the litigants filed a petition for rehearing after the initial decision of the appeals court.  The attorney states that this is not a new proceeding, but a normal part of the same appeal process that EMMCA joined in the spring of 2013.  Further, petitions for rehearing are expressly authorized by D.C. Court of Appeals Rules 35 and 40, and parties regularly file them when a court decision contains errors.  Finally, according to the attorney, this is not a new proceeding which was initiated without EMMCA’s consent – the litigants filed a petition for rehearing in the same appeal that EMMCA had already authorized.

Monday, September 15

Coalition for Better Planning press conference at 11:15am on the steps of the Wilson Building regarding a letter  to DC Elected officials and candidates for city-wide offices calling for reform of DC’s planning and development agencies.

Monday, September 15

ANC 6A Transportation & Public Space Committee meets at 7:00pm at Maury Elementary School (note location change – 1250 Constitution Avenue, NE)

Among items on the agenda:

Update from DDOT concerning H Street streetcar project.

Review of proposed DDOT regulations concerning operation of streetcars

Application for sidewalk café for Ben’s Chili Bowl café at 1001 H Street NE

Monday, September 15

ANC 6A Community Outreach Committee meets at 7:00pm at Maury Elementary (1250 Constitution Aveune, NE)  Room assignment will be posted in lobby.

Tuesday, September 16

Department of General Services Surplus Hearing on Eastern Branch Eastern Branch Boys and Girls Club, located at 261 17th Street, SE.   6:30 pm – 8:00 pm, Payne Elementary School (1445 C Street SE). Though titled a “hearing,” this meeting will be a much more informal discussion of the state of the building and the Request For Proposals process.

Tuesday, September 16

ANC6A Alcohol Beverage Licensing Committee meets at 7:00pm at Sherwood Recreation Center (10th and G Streets, NE).

Among items on the agenda:

Update on status of Settlement Agreement termination requests by H Street Country Club, Rock n’ Roll Hotel, and Little Miss Whiskey’s Golden Dollar.

Class B Retail license renewal for China House at 1601 Benning Road, NE.

Class B Retail license renewal for J & K Market at 234 15th Street, NE.

Class B Retail license renewal for M & T Grocer’s Beer and Wine at 201 15th Street, NE.

Wednesday, September 17

ANC6B Outreach & Constituent Services Task Force meets at 7:00pm in Hill Center.

Among items on the agenda:

Update on vacant and blighted property list

Update on WiFi at Potomac Gardens

Wednesday, September 17

Eastern Market Community Advisory Committee (EMCAC) meets at 7:00pm in the North Hall, Eastern Market.

Thursday, September 18

Eastern Market Metro Community Association (EMMCA) meets at 7:00pm in Southeast Library.  The meeting will feature a discussion about the priorities, schedule and implementation of the proposed Eastern Market Metro Park. ANC Commissioners Ivan Frishberg and Brian Pate will share up-to-date information about the status of the plan and next steps. Barbara Riehle and Senda Benaissa, EMMCA’s members on the planning committee, plan to discuss their comments on the plan priorities and budget use developed after the last task force meeting.

Thursday, September 18

The Historic Preservation Review Board will meet at 9:00 a.m. at 441 4th Street NW in Room 220 South.

Among items on the agenda:

12:45 – 1:30 – demolition permit for the “shotgun house” at 1229 E Street, SE.

8 Comments

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8 responses to “The Week Ahead…And New Questions About the Hine Re-Appeal

  1. Jon

    The real question is what is EMMCA prepared to do with the feedback they have requested regarding their continued support of the Appeal? They should make them public on this blog and they can do so in an anonymous fashion.

    Doing so would be in line with the Mission Statement:
    “..and presenting to government, public, private, and other organizations, the views of EMMCA’s Membership”. What are the true views of EMMCA’s membership?

    Personally, this says a lot about Oliver Hall’s [not so] shadow agenda that EMMCA’s leadership wasn’t even consulted. Why Marci Hilt, in her post soliciting feedback, wouldn’t make that clear to the EMMCA membership is another problem.

    • Mary Fraker

      To clarify: Appellants’ attorney Oliver Hall did ask the appellants, of whom I am one, whether to request a rehearing en banc, and we instructed him to proceed.
      To repeat: In the original CHC posting on September 14, EMMCA co-chair Carl Reeverts explained, “the petition for rehearing was a customary part of the ongoing appeal process.”

      • Anon

        I for one cannot wait for Atty. Hall to finally exhaust his options as he did in the West End so our neighborhood can move on and he can return to his own neighborhood to cause problems elsewhere. An attorney who has litigated and lost these very same suits before, and the clients thereof, are putting their own interests ahead of those of the vast majority, which is why support for these efforts has gone from moderate to almost nonexistent. At that point, maybe someone can quantify the damages of this undue delay caused by this frivolous litigation and sue these plaintiffs for civil damages.

      • anon

        speak for yourself @anon 9:32. “Vast majority”? what are you basing that on?

      • Anon

        I’m basing it on the failed campaigns of every one of the anti-development ANC candidates placed on the ballot since the frivolous lawsuit was conceived, the recent failed campaign of the anti-development Ward Councilmember candidate, whose opposition to the project was the only appreciable policy difference between he and his opponent, the recent press in the Post and other outlets about these Ralph Nader-backed lawsuits being filed in DC by Oliver Hall which are never successful and are never backed by an appreciable number of residents in the neighborhoods they impact… I could go on but I don’t think I have to.

      • Jon

        I think the term ‘customary’ is being confused with ‘possible’. It isn’t triggered automatically and has little chance of success. It is yet another tactic to cost the city money, waste resources, and cause delay.

  2. Craig D'Ooge

    That 11th & I building by Madison Investments just screams “historic,” don’t it? LOL. It is retro, however, all the way back to say the 70s.

  3. Ken Melo

    I’ve seen the design and I think it’s beautiful. Moreover I can’t wait for construction to start so that the Eastern market neighborhood can move forward.

    And metro park – again the design is beautiful and an upgrade is definitely needed to meet the needs of the growing number of families moving to the neighborhood. Not to mention it’s going to more than double the size of the library.