Monthly Archives: May 2015

Eastbanc’s Troubled Georgetown Luxury Condo Development

On Friday, Michael Niebauer, of the Washington Business Journal posted a story on the status of the lawsuit against Washington developer Anthony Lanier, his company – Eastbanc – and contractors involved in the construction of the Georgetown luxury condos at 3303 Water Street, NW.  The residents of the building filed suit in 2011, alleging shoddy construction resulting in “substantial risk to the health and safety of unit owners and residents.”  The link to the piece, titled “Repairs to EastBanc’s luxury 3303 Water St. complex forcing residents out – Washington Business Journal” is here:  http://bit.ly/1FNPgcL  Eastbanc is the developer of both the Hine school and the West End Library developments.

The Week Ahead…

by Larry Janezich

Monday, June 1

1. Community Crime Meeting, 7:00pm, St. Coletta’s school, 1901 Independence Avenue, SE.

Commander Jeff Brown meets with residents regarding recent violent crime in Hill East.

2. Capitol Hill Restoration Society Historic Preservation Committee meets at 6:30pm, Kirby House, 420 10^th Street, SE.

Tuesday, June 2

1. ANC6B Planning & Zoning Committee meets at 7:00pm, at St. Coletta of Greater Washington, 1901 Independence Avenue SE.

Among items on the agenda:

801 North Carolina Ave SE, Christ Our Shepherd Church, replace bell tower.

148 11th Street SE, addition of rear carriage house.

816 Potomac Avenue SE, multiple public space issues including a driveway, sidewalks, bike racks, landscaping.

Wednesday, June 3

1. ANC6B Transportation Committee meets at 7:00pm at Hill Center.

Among items on the agenda:

Discussion of Transportation Plan for July 4th RFK Stadium concert (Events DC).

MPD’s Red Light Camera decision making process (tentative).

2. ANC 6C Planning, Zoning, and Environment Committee meets at 7:00pm at Kaiser Permanente Capitol Hill Medical Center, 700 Second Street, NE.

The agenda was not available at press time.

Thursday, June 4

1. ANC6B ABC Committee meets at Hill Center.

Among items on the agenda:

Belga Café, 514 8th Street SE, substantial change to add summer garden with occupancy load of 34.

New liquor license for &pizza, 405 8th Street SE.

2. ANC6C Transportation and Public Space Committee meets at 7:00 pm at the Kaiser Permanente Capitol Hill Medical Center, 700 Second Street, NE.

The agenda was not available at press time.

3. PSA 107 meets at 7:00pm, Southeast Library, lower level. Lt. Eddie Fowler, MPD 1^st District.
4. Friends of Southeast Library meet at 5:30pm, Southeast Library, lower level.

Playseum Closes – Retail Furniture Outlet Reportedly Will Move Into Space

by Larry Janezich

Gina Seebachan, owner of Barracks Row’s Playseum, announced last week that the Playseum’s last day of business at the Capitol Hill location would be Saturday, May 30.  A source close to the landlord of 545 8^th Street, SE, told Capitol Hill Corner that a retail furniture outlet will move into the space later this year.

Seebachan said that thus far, she has not found another location on Capitol Hill.  She said that everything from the Barracks Row location would be moved into storage today – Sunday – in hopes that a new community or a different landlord within DC will make space available within her budget.  She is also exploring opportunities to re-open in Annapolis, where she and her family live.

A letter to the community expressing thanks to the Capitol Hill community follows.

“The DC Playseum would like to thank the Capitol Hill Community for its support and patronage.  In our four short years on Capitol Hill families have visited Playseum one hundred fourteen thousand times.  We have watched many of your children grow, celebrated their  birthdays and contributed to multiple local private and public school functions.

When we opened in Capitol Hill July 2011, we were so thankful for the opportunity given to us by Paul Loukas, the landlord of 545 8th Street SE.  He has been a fabulous landlord. We are ever grateful for the chance to have made a mark of love, creativity and the use of imagination on South East DC.  There are few landlords in the DC area as kind and generous as he.  When no one else would give a mother of four a chance to dream and to build a haven for children and parents he did.  Unfortunately, at this time we will not be renewing our lease and May 30th is slated as our last day of operation in DC.  We also want to thank the Domino’s Pizza on M Street who has faithfully served our Birthday parties each weekend.

Many have asked if we are moving or closing. As of right now, no other spaces have opened their doors to us at a price point that we can afford, however we will keep looking. Meanwhile This Sunday, May 31st everything will be loaded into a moving truck and put into storage with hopes that a new community or a different landlord within DC will open their doors to the Playseum so that we can continue to serve children and help them grow by building quality memories with their parents.

With lots of love,

The Playseum”

The Week Ahead…

By Larry Janezich

Tuesday, May 26

ANC6B Executive Committee meets at 7:00pm in Hill Center to set the agenda for the June 9 meeting of the ANC.

Wednesday, May 27

The Eastern Market Community Advisory Committee meets at 7:00pm in Eastern Market’s North Hall.

Thursday, May 27

ANC6B09  Commissioner Brian Flahaven will hold a Neighborhood Town Hall Meeting at Congressional Cemetery Chapel.  Flahaven will update the community on the latest information on development plans for Reservation 13 and the Barney Circle-SE Boulevard Project.  Representatives from both the Goldstar Group and NOVO Development will be in attendance to provide updates and answer questions on the 1500 and 1600 Penn Ave. residential projects. Washington Gas will also provide an update on their ongoing pipe replacement work along 17th and D Streets SE.

House Extends Deadline for​ Swamp Fox Memorial in $612 Billion Defense Authorization​ ​Bill

A Lesson in How Congress Works

by Larry Janezich

Last Friday, the House of Representatives passed the $612 billion Defense Authorization Bill by a vote of 269-151.  In doing so, because of a “rider” placed in the bill, ​the House ​simultaneously ​reauthorized the National Park Service to continue efforts to place a memorial for South Carolina’s Revolutionary War General Francis Marion in the District of Columbia​.  The NPS seems to have set its sights on Marion Park on Capitol Hill.

As reported on this blog (here http://bit.ly/1vx3Uhj and here http://bit.ly/1D1W1XE ), the controversial memorial had stalled for lack of sufficient fundraising and in the face of Capitol Hill resident opposition when authority for the project expired earlier this month.

A bill to reauthorize for three years the effort to memorialize Francis Marion was introduced in the House by Rep. Joe Wilson on January 22, 2015.  The bill was referred to House Committee on Natural Resources on January 22, 2015 and then referred to the Subcommittee on Federal Lands on March 2, 2015.

When members of congress wish to expedite passage of a favored (and more recently, controversial) ​pet project, they look for a veto proof vehicle to which to attach it.  As it happens, Joe Wilson is the fifth ranking member of the House Armed Services Committee, and a former aide to South Carolina’s best-known congressman, Floyd Spence, who chaired the Armed Services Committee from 1995 to 2001.

How ”riders” become attached to budget appropriations is a mysterious process, sometimes attached by a committee member during the “mark up” of the final version of the bill in committee – and sometimes inserted by staff in the drafting of the final version.  That the reauthorization has nothing to do with Defense Authorization speaks to the practice of “log rolling” – accommodating the wishes of another member in return for a similar accommodation.   ​A​s ​​riders​ in large and complex bills​, these provisions ​often ​sail through House Floor consideration and final passage unremarked upon, and unnoticed. ​ ​

On the Senate side, the Senate Armed Services Committee agreed upon its final version of the Defense Authorization Bill last Friday – it does not appear to contain the Marion ​reauthorization language.  The bill is likely to come to the Senate floor in early June.  After the Senate passes its version of the bill, a compromise will be worked out in a conference between the Senate and House.  Items may fall away in that process, depending on the degree of opposition brought by the opposite body’s representatives.  It would seem there is little incentive for members of the Senate to oppose the reauthorization, and Senator Lindsey Graham of South Carolina is a member of the Senate Armed Services Committee from which the conferees will be drawn.

Yesterday, Capitol Hill Corner asked the House Committee on Natural Resources spokesperson about the status of the Swamp Fox memorial reauthorization, and received the following reply:  “It is part of National Defense Authorization Act (NDAA) right now. We don’t know what the current state of it will be but if it is stripped out we will revisit it as a Committee again. The entire South Caroline delegation supports the provision.”

The members of the South Carolina delegations are as follows: Jim Clyburn (D) (6th district), Jeff Duncan (R) (3rd district), Trey Gowdy (R) (4th district), Mick Mulvaney (R) (5th district), Tom Rice (R) (7th district), Mark Sanford (R) (1st district), Joe Wilson (R) (2nd district).

Next:  Another Slap in the Face for DC Home Rule

The Week Ahead…

by Larry Janezich

Monday, May 18

(Note: ANC6A Transportation and Public Space Committee meeting has been cancelled.)

1.  ANC 6A Community Outreach Committee meets at 7:00pm in Maury Elementary School.

Among items on the agenda:

Grant Application Revision and Grant Outreach Plan and Implementation Strategy

Tuesday, May 19

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

Among items on the agenda:

Discussion of license renewal for New H Wine and Spirits at 914 H Street, NE.

Discussion of license renewal for New York Liquors at 1447 Maryland Avenue, NE.

2.  Capitol Hill Restoration Society Board of Directors meets at 6:30pm at Capitol Hill Townhomes, 750 6^th Street, SE.

Wednesday, May 20

1.  ANC6A Economic Development & Zoning Committee meets at 7:00pm, Sherwood Recreation Center, 640 10^th Street, NE.

Among items on the agenda:

Request for zoning relief re off street parking, roof structure requirements, and overlay requirements to allow construction of a new four-story, mixed-use building with ground floor retail containing 36 residential units at 1300 H Street, NE, (old RL Christian site).

Request for zoning relief from parking minimums to allow housing of a medical office at 702 15th Street, NE, the building that most recently housed the Options Public Charter Academy.

Councilmember Allen hosts H Street Community Office hours on 5:30-7:00 pm at Smith Commons 1245 H Street, NE.

Thursday, May 21

1.  ANC6B’s Hill East Task Force will hold a meeting from 6:30-8:00pm at St. Coletta of Greater Washington, 1901 Independence Ave, SE. Topics include a discussion on crime and public safety in the neighborhood with PSA 108 Lt. James Dykes and an update from Donatelli Development on plans for Hill East/Reservation 13.

2. Councilmember Allen will discuss his plan for adding more trees and greenspace to Ward 6.  6:00-8:30pm, Westminster Presbyterian Churcn, 400 I Street, SW.

Neighbors’ Persistence Wins Concessions from Owner of Rose’s Luxury/Elaine’s

by Larry Janezich

Plagued by on-going trash, rodent, odor, and noise issues associated with Barracks Row restaurants, a coalition of residential neighbors, through organization and persistence, have been rewarded with much  – not all – they wanted regarding conditions attached to the opening of “Elaine’s” – Aaron Silverman’s proposed 40-seat sister restaurant to Rose’s Luxury in the space now occupied by Homebody.  .

Neighbors have met with Silverman six times over the last three months in an effort to convince him to exceed the standards currently followed by many of his fellow Barracks Row restauranteurs; to his credit, they have told ANC6B, he has agreed to many of their requests.  The tougher standards were formalized in a Settlement Agreement specifying operating conditions which was agreed to by a 10-0 vote by the ANC last Tuesday night.  The Settlement Agreement was a pre-condition to the ANC’s and neighbor’s support for Silverman’s application for a liquor license for the new location.

Some of the key items in the agreement include:

Interior storage of grease and non-recyclable trash.

Direct access to interior trash storage area from interior of premises.

No use of exterior doors of the trash storage room for purposes of disposing of trash or grease.

Use of “best commercially reasonable efforts” to store grease within interior of the premises (not the trash room) and” to store recycling within the indoor trash storage room.”  (The “best effort clause” is not a mandate but strongly encourages use of best practices.)

Additional concerns which the neighbors raised but which were not made part of the Settlement Agreement include:

Concerns whether the space behind Elaine’s for indoor trash and grease storage is big enough to be functional.

Odor mitigation

Noise mitigation

Silverman says that his plan for the restaurant to be open only four days a week as well as the kinds of dishes the menu will offer will serve to address some of these concerns.

Commissioner James Loots – who represents the Single Member District in which Rose’s Luxury and Elaine’s falls – cited “overwhelming” response from the community in support of the Settlement Agreement.  What Loots did not say was the email traffic was in support of the Settlement Agreement which – though negotiated by Loots and Silverman – came about as the result of meetings between Silverman and neighbors.  Like many city agencies, and especially with a restaurant of the caliber of Rose’s Luxury (and what is expected to be the caliber of Elaine’s), the predisposition of the ANC is often to give the restaurant the benefit of the doubt.  Clearly, in this instance, it is the nearby residents, having the most at stake, who deserve the credit for pressuring the ANC and Silverman to set a higher sanitation standard, just as they did with The Ugly Mug, Chipotle, and & Pizza.  Loots has been on record supporting best practices that include indoor trash storage for new restaurants on Barracks Row.

Residents north of Pennsylvania Avenue – faced with their own threats from restaurant development near Eastern Market – have found common cause with neighbors south of Pennsylvania Avenue and weighed in in support of higher operating standards.  Recently, the north/south coalition convinced the owners of the future home of Bullfrog Bagels at 317 7^th Street to meet best practices for indoor trash storage.

Meanwhile, residents near H Street, NE, facing similar problems, have found a sympathetic ear in Commissioner Omar Mahmud, Chair of the ANC6A’s Transportation and Public Space Committee.  He has taken the lead in convening a meeting of city agencies and residents regarding restaurant issues affecting residents backing up to H Street.  Mayor Bowser’s Ward Six representatives Seth Shapiro (former owner of the Silver Spork near Eastern Market), and his team mate Frank Maduro, have been instrumental in assisting neighbors address these issues.  However, the success of the residents near Barracks Row suggests there is no substitute for direct involvement and action.

Barracks Row Children’s Playseum Scheduled to Close May 30

by Larry Janezich

Barring “a miracle,” Gina Seebachan, owner and founder of the Children’s Playseum 545 8^th Street on Barracks Row, says her Capitol Hill location will be forced to close at the end of May.  The Playseum is a children’s play venue – not a day care center – where a child and parent or caregiver can come – and for $7 each, stay as long as they want.  The space provides a series of play rooms, e.g., “Eastern Market,” a child sized kitchen and dining room, a pet shop, etc.

It’s unclear what will become of the space being vacated.  Though zoned for retail, the location has no liquor license that would facilitate location of a new restaurant at that location.  In addition, city regulations may limit additional restaurants on that block.  Many nearby residents who believe there are already enough restaurants on Barracks Row have been active in requiring new restaurants to adhere to best operating procedures which will make it difficult for all but the most committed to pursue opening a new eating/drinking establishment on Barracks Row.

Seebachan says a series unexpected business expenses and limited operating hours occasioned by building modifications in preparation for the opening of DCanter in the same building resulted in a loss of revenue from which she has not been able to recover.

Update:  DCantor’s owner, who sought and was offered the opportunity to comment subsequent to publication of this posting, sent CHC the following:  “Prior to opening, DCanter renovated the section of the building that it now occupies in accordance with the building and fire codes of the District of Columbia. DCanter neither renovated nor requested renovations from any other neighboring businesses. Any and all renovations that occurred in other building units in order to place them in compliance with fire codes required by the District of Columbia would have been initiated by either the building owner or other building tenants. DCanter was not party to discussions that involved renovations in any other parts of the building.”

Editor’s note:  In many jurisdictions, city regulations require the upgrading to code of the entire building if part of the building is upgraded.

She does not begrudge the landlord, Paul Lucas, who she says has been generous.  Earlier this year, she agreed that if she could not catch up the five months of rent in arrears by the end of March, she would vacate.  Seebachan was successful in getting a loan to cover the rents, but now finds herself unable to pay the rent for May – traditionally her slowest month – and says she will have to leave May 30.  She credits Lucas with giving her a chance, and says, “Business is business, and I can’t pay the rent on time.”

She is looking for a new location on Capitol Hill, and says, “Sometimes it’s just a matter of finding somebody who cares.” Anyone with information regarding a new location can call her at 240-507-8965.  In the meantime, Seebachan is asking residents to continue supporting the DC Playseum on 8th Street for the rest of May.  She says that the Bethesda location will continue to operate and that she has three more years on the lease on that space.  For DC Playseum website, go here:  http://playseum.com/

Capitol Hill​ 911 Call on Double Shooting Last Week Went Unanswered

​ANC and Local 1D MPD Commander Hear Resident’s Story​

by Larry Janezich

At last night’s ANC6B May meeting, a resident complained to District One Commander Jeff Brown that her calls to 911 to report the double shooting last Thursday night at 17th and Independence  went unanswered.   “Nobody answered, “ she said, adding, “I stayed on the line several minutes and was put in a holding pattern.  What do we do for emergency service?”

Brown was quick to point out that residents who call 911 are calling a city agency – the Unified Communications Center (UCC) – and are not calling a police officer.  He said that all calls are recorded, and if residents are put on hold, they should take the date and time and officials can go back and investigate why.

The UCC, which until May 3 was under the direction of Jennifer Greene, was opened in 2006 on the campus of the St. Elizabeth’s Hospital site.  Its website states, “The UCC receives and processes calls to 911 and the District’s customer service line, 311. During major emergencies, the center becomes the District’s Emergency Operations Center (Mayor’s Command Center) and provides a central location for multiple agencies to address any variety of situations.”

Greene, a former MPD commander, was fired by Mayor Bowser last week after much public criticism of the agency’s failure respond to emergency calls in a consistent and reliable manner,​ and after Greene made several public missteps.  Chris Geldart, the director of D.C.’s Homeland Security and Emergency Management Agency (HSEMA), was named to oversee the Office of Unified Communications until a new Director is appointed.

At Tuesday night’s ANC meeting, Commissioner Denise Krepp insisted that the commission send a letter to the Mayor, Charles Allen, and other city officials expressing concern,  and she successfully inserted the item ​into last night’s agenda.

Lending support to resident’s concerns, Commissioner Jennifer Samolyk recounted her own experience last week related to an inordinately long response time to a night time emergency at her home.

The Commission subsequently voted 10 – 0 to send a letter which will be drafted by Krepp and vetted by the full commission.  Commissioner Brian Flahaven, noted the presence at last night’s meeting of Commander Brown, Lt. Dykes, and representatives from Mayor Bowser’s office and the office of Counclmember Charles Allen, and said he was confident that the people who needed to know about the commission’s concern were already aware of it.

Mayor’s Office of Community Relations and Services representative Seth Shapiro rose to offer assurances that the ANC’s message had been received and would be conveyed to the Mayor.

Flahaven, as Chair of ANC6B’s Community Outreach and Constituent Services Taskforce, has recently supported undertaking an initiative to open lines of communication and better liaison with District One MPD.

Barracks Row’s Las Placitas To Give Way to Matchbox Expansion Plans

Character of Capitol Hill Continues to Changes As Higher Rents Attract Richer Clients

by Larry Janezich

The owner of the building housing Barracks Row institution that is Las Placitas at 517 8^th Street, SE, will not renew the restaurant’s lease when it expires in October, and Matchbox – located next door – will expand into the space.

Matchbox Food Group co-owner, Drew Kim, told CHC, “Matchbox Capitol Hill is reinvesting back into the community and neighborhood after six years on Barracks Row.  We will be expanding our bar and seating and offering space for small groups.  We are doing this under the support of the previous tenant.  We also listened to our regulars and are adding in…more bathrooms!”  After renovation this fall, the new space will open in the first quarter of 2016.

Las Placitas opened on Barracks Row in 1990, at a time when 8^th Street was a risky destination for residents.

Matchbox, which is laying plans for a national expansion, owns 12 restaurants in the area – three on Barracks Row: Matchbox, Ted’s Bulletin, and DC-3.  What is now Matchbox Food Group opened its first restaurant in Chinatown in 2002.

Las Placitas is the latest in a trend of retail and older bar/restaurants giving way to higher paying establishments.  Examples include Homebody, Frame of Mine, Sneed’s Barbershop, and XOXO Cleaners.  Some of the older bars/restaurants, on the other hand, have fallen victim to national chain retail able to afford higher rents, such as Remington’s which will become a Sprint outlet and a 7-11 convenience store, and the L’l  Pub which was taken over by CVS.

The Week Ahead….Liquor License for Rose’s Luxury Companion Restaurant on Agenda

by Larry Janezich

Monday, May 11

ANC6D meets at 7:00pm at 1100 4t Street, SW.

Not surprisingly, an agenda was not available at press time.

Tuesday, May 12

1)  ANC6B meets at 7:00pm at Hill Center

Among items on the agenda:

Presentation by Metropolitan Police Department First District Commander, Jeff Brown

Liquor License renewals:

Hayden’s 700 North Carolina Avenue, SE

Chat’s Liquors, 503 8th Street, SE

Capitol Hill Wine & Spirits, 323 Pennsylvania Avenue, SE

World Wine and Spirits 1453 Pennsylvania Avenue, SE

Albert’s Liquors, 328 Kentucky Avenue, SE

Gandel’s Liquors, 211 Pennsylvania Avenue, SE

Congressional Liquor, 404 1st Street, SE

JJ Mutt Wine & Spirits, 643 Pennsylvania Avenue, SE

S&J Liquors, 1500 Massachusetts Avenue, SE

New Liquor License:

New license with sidewalk café endorsement for “Elaine’s” Aaron Silverman’s companion restaurant to Rose’s Luxury, opening in the location currently housing Homebody, at 715 8th Street, SE.  As first reported elsewhere on this blog Homebody will join with Forecast, across from Eastern Market on September 1.  The 715 8^th Street location for “Elaine’s” is owned by Nicky Cymrot, of Hill Center.

Public Space permit for an unenclosed sidewalk café for Souk, 705 8th Street, SE.

Letter to DDOT and DDOE on Green Alley Designation for Freedom Way.

2) PSA 104 meets at 7:00pm in JO Wilson Elementary School, 660 K Street, NE.

3) Maryland Avenue Pedestrian Safety Project Community Mmeeting at 7:00pm, Northeast Library, 330 7^th Street, NE.

Wednesday, May 13

1) ANC6C meets at 7:00pm at the Heritage Foundation, 214 Massachusetts Avenue, SE.

Among items on the agenda:

Liquor License renewals:

Kogods, 441 New Jersey Avenue, NW

Union Wine and Liquor, 50 Massachusetts Avenue, NE, (Union Station)

Coast In, 301 Florida Avenue, NE.

Oasis Liquor, 1179 Third Street, NE.

New Liquor Licenses:

Nando’s Peri Peri, 411 H Street, NE.

Union Kitchen Market, 538 3rd Street, NE.

Discussion of PUD for multifamily housing at 315 H Street, NE.

PUD for retail and residential project at 320 Florida Avenue, NE.

Resident Parking Permit and Resident Only Parking issues.

2)  DC Sun hosts an info meeting to educate residents about solar energy and DC’s low income solar incentive program – 6:30pm, at the DC SUN office in La Casa Community Center,3166 Mt. Pleasant Street, NW.

(The District Department of Environment and DC Sustainable Energy Utility have partnered to jointly fund a low-income solar incentive program.  DC Sun will guide low-income homeowners on how to qualify and contact an authorized solar installer. In order to qualify for the program, a person must: 1) Own their home, 2) Make less than 30% of area medium income (roughly $60,000 for a household of 4), and, 3) Have a solar capable roof.

Even if you don’t meet these requirements, feel free to attend to learn more about solar energy or discuss D.C.’s low income solar energy policy and programs. For more information and to RSVP go here:  http://bit.ly/1F7Tlta

Thursday, May 14

1)  ANC6A meets at 7:00pm at Miner Elementary, 601 15th Street, NE.

Among items on the agenda:

Follow-up from Mayor Bowser’s office – Frank Maduro and Seth Shapiro.

Presentation by Argie Weatherington, Office of the Attorney General.

Liquor license renewals:

New H Wine and Spirits, 914 H Street, NE.

New York Liquors at 1447 Maryland Avenue, NE.

18th & D Liquors, 1806 D Street, NE.

7 River Mart at 250 11th Street, NE.

Jumbo Liquors at 1122 H Street, NE.

Grand Liquors at 409 15th Street, NE.

Discussion of and recommendations on changes to DDOT proposed new sign regulations

Letter to DDOT requesting that Linden Court be moved to the top of the ANC 6A alley-repair list.

Letter of support for preserving Wylie Garden

Letter to the new DDOT director requesting clarification and issuance of the rules for resident-only parking.

2)  CHRS Zoning Committee meets at 7:30pm, Kirby House, 420 10th Street, SE