Author Archives: ljjanezich

Mayor Comes to Eastern Market Metro To Announce Initiative Against Robberies

by Larry Janezich

Mayor Muriel ​Bowser came to Capitol Hill this morning to announce the launch of a Robbery Intervention Task Force to target what she characterized as robbery sprees occurring at the hands of a small group of repeat offenders who target ​certain areas and commit crimes in quick succession.

Bowser came to the Eastern Market Metro Plaza for the 10:30am news conference, she said, because “we had always planned on coming to Barracks Row” as part of the recently implemented comprehensive public safety plan and because her “office has been working closely with Councilmember Charles Allen regarding the increased robberies in the area.”

The heart of the new Task Force is increased cooperation and coordination between and among the​ MPD, the Metropolitan Transit Police, the Office of the DC Attorney General, and the US Attorney’s office.  The effort will allow sharing of information among public safety agencies in real time, utilizing special crime analysts to spot problems and sharing that information along with video from CCTV and Metro cameras as well as street intelligence from sources among public safety agencies.

For its part, the US Attorney’s Office will assign senior prosecutors to aggressively prosecute robberies, prioritize violent crime, make special efforts to coordinate evidence, and seek pre-trial detention to keep repeat offenders off the streets. ​  The prosecution rates of suspects accused of committing crimes on Capitol Hill – and elsewhere in the city – has been the subject of concern and discussion in the neighborhood, and ANC 6B Commissioner Denise Krepp was on hand at today’s conference to ask whether the US Attorney’s office felt the $2,000 raised from the community was sufficient to cover the cost of a FOIA she filed in order to ascertain those statistics, or whether to community would have to “bake more FOIA cakes.”  The US Attorney demurred, saying he was preoccupied with prosecution and others in his office dealt with gathering the material requested by Krepp.

The Mayor responded to Krepp by noting a District study is underway to collect some of the same data.  In her prepared remarks,​ Bowser deplored a recent assault on the Red Line near NOMA Metro stop and said she would not tolerate a lack of public safety on the Metropolitan Transit System.  MPD has video of the perpetrators in that case and she urged residents to view the video and help identify the suspects.

MPD Chief Lanier spoke to the need for the Task Force, citing the small number of individuals responsible for a large number of crimes – “a small group of individuals might be responsible for four or five or six robberies in a single night. The goal will be to make sure that one robbery doesn’t become more.”  Lanier said the new coordinated effort has been in operation since December 11 and listed multiple arrests which have occurred since then to demonstrate its success.

Also in attendance at the news conference were Councilmembers Charles Allen and Anita Bonds, DC Attorney General Carl Racine, US Attorney representative Richard Tischner, and MTP Chief Ronald Pavlik.

(During the press conference, a ABC Channel 7 News crew vehicle parked some 100 feet away was broken into and robbed.  See here:   http://bit.ly/1OAJIHY)

 

 

 

 

The Week Ahead….and Las Placitas is Open on Lower Barracks Row

By Larry Janezich

 

The Week Ahead…

Monday, January 4

1. ANC6C Alcoholic Beverage Licensing Committee meets at 7:00pm, Capitol Hill Medical Center/Kaiser Permanente, 700 Second Street, NE (2nd & G NE).

Agenda:

Presentation by ABRA representative on license protests

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

Tuesday, January 5

1. ANC6C Parks and Events Committee is scheduled to meet at 7:00pm at Capitol Hill Medical Center/Kaiser Permanente, 700 Second Street, NE (2nd & G NE).

Agenda not available at press time.

2. The Eastern Market Community Advisory Committee (EMCAC) Finance Committee will meet at 7:00pm in the North Hall of Eastern Market.

Agenda

Discussion of the budget, the financial statement and the need for a long term reserve fund.

Wednesday, January 6

1. ANC6C Planning, Zoning, and Economic Development Committee meets at 7:00pm, Capitol Hill Medical Center/Kaiser Permanente, 700 Second Street, NE (2nd & G NE).

Among items on the agenda:

418-426 C Street, NE  – Application of 418-426 Stanton Park LLC for concept approval for rear additions, penthouses and roof decks at 418-426 C Street, NE.

631 Lexington Place, NE – Application of Redux Properties LLC for concept approval for attic expansion and new basement entrance at front of 631 Lexington Place, NE.

301-331 N Street, NE (non-voting) – Informational presentation by Foulger-Pratt Development, LLC concerning its pending application for the consolidated review and approval of a Planned Unit Development and related zoning map amendment for the property known as 301-331 N Street, NE.  The related Map Amendment proposes to rezone the site from the C-M-1 Zone District to the C-3-C Zone District.  The applicant seeks to create a mixed-use residential and commercial project with a significant historic preservation component, consistent with the goals of the D.C. Comprehensive Plan. The project will create approximately 370 residential units, approximately 175 hotel rooms, office space, and ground floor retail. The project will contain an approximate FAR of 6.68 and will have heights of 110 and 120 feet.  As part of this project, the Applicant proposes to retain and rehabilitate a historically significant building, possibly improve N Street in front of the subject property, and promote arts and arts-related uses.

301 Florida Avenue, NE – Application of 301 FL Manager LLC for consolidated review and approval of a Planned Unit Development and related zoning map amendment to rezone the Property from the C-M-1 District to the C-3-C District. The Property is currently improved with a one-story building and associated surface parking, surrounded by a variety of uses including low- to high-density residential, industrial warehouses, and commercial uses.  Applicant proposes to raze the existing building to build a mixed-use building composed of retail and residential uses. The PUD will have a density of approximately 7.57 floor area ratio (“FAR”) and will include a total of approximately 66,010 square feet of gross floor area. Approximately 61,173 square feet of gross floor area will be devoted to residential use (approximately 56 units) and approximately 4,837 square feet of gross floor area will be devoted to retail use.

2. ANC6B’s Transportation Committee meets at 7:00pm in Hill Center.

Among items on the agenda:

DDOT Southeast Boulevard Feasibility Study Draft Report: Jonathan Rogers, DDOT

DDOT Proposed “Vision Zero” Rulemaking

3. ANC6B Commissioners Chander Jayaraman and Denise Krepp host a community meeting on the 7-11 coming to the 15^th and Independence Avenue, SE, intersection.  7:00pm at St. Coletta of Greater Washington, 1901 Independence Avenue, SE.

4.  PSA #106 meets at 7:00pm with Lt. Avery at Arthur capper Senior Public Housing, 900 5th Street SE, Community Room (Just walk straight through past the security desk, through the courtyard and to the community room).

Thursday, January 7

1. ANC 6B Planning and Zoning Committee meets outside of its regularly scheduled first Tuesday meeting. The meeting will be as usual at 7:00pm at St. Coletta’s of Greater Washington.  (The committee will return to its standard meeting day (Tuesday) in February.)

Among items on the agenda:

655 C Street, SE, concept/infill, dogleg, addition to garage

240 Kentucky Avenue SE, concept/rear addition.

The Furies Collective Building (219 11th Street, SE), historic designation.

325 5th Street, SE. Motion for Reconsideration by Parties in Opposition Robert A. Shelton and Mark Flynn. BZA hearing: January 19, 2016

1330-1336 Pennsylvania Avenue, SE. Request to Reopen the Record. William Wooten, (abutting neighbor). BZA hearing: not yet scheduled.

801 Virginia Avenue SE, driveways (close existing; open new), landscaping, utilities excavation, building projections, paving new driveway, etc. Nathan Hamman, Northfield Development. PSC Hearing: January 28, 2016

516 Archibald Walk, SE, construction of existing tree house.

Raze Permits for 1341, 1345, 1347, and 1349 K Street, SE.

1401 Pennsylvania Avenue, SE PUD, Memorandum of Understanding and ANC 6B Testimony.

2. ANC 6C Transportation and Public Space Committee meets at 7:00pm at Capitol Hill Medical Center/Kaiser Permanente, 700 Second Street, NE (2nd & G NE).

Among items on the agenda:

NoMa Circulator Route – DDOT is proposing to add a new Circulator route to serve the NoMa area. The route has not been chosen (not even the destination!), and they are looking for public input. Details of the proposal, including possible routes, can be found at http://www.dccirculator.com/explore/improvements-and-projects/noma-study/.

Prostitution on K Street, NE.  Residents have sent a petition to the Mayor to address the ongoing prostitution issues along K Street, NE. The contents of the letter will be discussed, and Lt. Cullen from MPD will be present to answer questions about the police’s efforts in combatting this issue.

Planned Parenthood (1200 block 4th Street, NE) – construction in public space.  Planned Parenthood is redeveloping the warehouse next to Two Rivers Charter School and will be presenting their project and public space elements of the new facility. Discussion will focus on curb cuts, sidewalk design, parking signage, and landscaping. The applicant presented to the ANC in October and is returning to address comments.

301 K Street, NE – curb cut and driveway in public space.  Owners of a residential property (two-unit condo) at the corner of 3rd and K Street, NE are looking to widen existing curb cut on 3rd Street, and install a driveway in public space.

3. PSA 107 meets at 7:00pm in Southeast Library, lower level, with Lt. Eddie Fowler.

4. Friends of Southeast Library (FOSEL) meet at 5:30pm, Southeast Library, lower level.

Friday, January 8

1. ANC6B Commissioners Denise Krepp and Chander Jayaraman host a community meeting on the proposed Andromeda Clinic proposed for 15tt and South Carolina Avenue, SE.  7:00pm at St. Coletta of Greater Washington, 1901 Independence Avenue, SE.

The Week Ahead…..

by Larry Janezich

No events scheduled.

There are no events.  All is calm.

Hill East Community Pays Tribute to Activist Will Hill: 1939 – 2015

“Leave the comfort of your homes and go out into the community and make a difference.” – Pastor Anthony Owens

by Larry Janezich

Last night, Councilmember Charles Allen led a group of community stakeholders who gathered at Liberty Baptist Church in Hill East to remember and pay tribute to Hill East activist Will Hill who passed away November 24.  More than 50 of Will Hill’s friends and family were in attendance.

Allen remembered Hill’s contributions to the community and said he would support a suitable memorial after consultation with the community and ANC6B.  Mayor Bowser’s Ward 6 representative Seth Shapiro read a letter from the Mayor recalling Hill’s service as an Orange Hat Patrol leader, as Chair of the MPD’s First District Citizen’s Advisory Council, his presidency of the Capitol Hill Garden Club, and his 21 years of service on ANC6B.

David Healey, past president of the Garden Club and Past President of the National Capital Area Garden Clubs, related how Hill became the first African American to integrate the Capitol Hill Garden Club, and served two terms from 1982 to 1986 as its president.  Healey said, that he thought that Hill’s presidency “was a turning point for the club,” and credited Hill for playing a major part in keeping the club going.

Former ANC6B Chair Peter Waldron remembered Hill’s dauntless work on the Orange Hat patrols and his role in mentoring Waldron as he sought election to be chair of the ANC.

MPD Assistant Chief Diane Groomes said she had met Hill in his capacity as Orange Hat Patrol leader when she was still a sergeant in the First District.  Robert Pittman, current Chair of the MPD First District Citizens’ Advisory Council called Hill a hero who will be missed for his work in and dedication to the community.

Longtime colleague, friend and community activist Ellen Opper-Weiner cited Hill’s leadership role in the Southeast Citizens for Smart Development that led the five year community effort to prevent the planned Boys’ Town project from being built where Harris Teeter now stands  Opper-Weiner told the crowd that when Boys’ Town sued the two of them, Hill was prepared to sell his house to cover legal fees “before the ACLU stepped up and volunteered to represent us.”

But it was the members of the community whose lives were directly touched by Hill that provided the most poignant view of the depth of Hill’s impact on the community.  Peter Bug Matthews said that at a point in his life when he was “on the borderline of the fence, Will Hill pulled me back, saying “You want to be on this side.  He always kept me straight – always kept me in line.”  Matthews said he would carry on Hill’s tradition of mentoring youths in the community.  Finally, Zachary Jenkins, a long time neighbor of Hill’s tearfully called Hill “his best friend for forty years:  When I met him, I was lost.  He gave me my first job in his print shop….He saved my life.”

At program’s end, the Reverend Anthony Owens – Pastor of Liberty Baptist Church – said Hill’s life of leading by example was a message to the community, and the message was:  “Leave the comfort of your homes and go out into the community and make a difference.”

The memorial was organized by Will Hill’s friend and former Chair of the MPD First District Citizens’ Advisory Council, Nancy Rosen.

 

The Week Ahead….

by Larry Janezich

Tuesday, December 15

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

Among items on the agenda:

Update on status of request by Ocopa at 1324 H Street, NE, for an entertainment endorsement.

Update on status of request by Sol Mexican Grill at 1251 H Street, NE, for an extension of hours for operation, alcoholic beverage sales and consumption, and live entertainment.

Discussion of request by Sally’s Middle Name at 1320 H Street, NE,  for (1) expansion of existing premises by 60 seats on second floor; (2) addition of summer garden endorsement with 22 seats; and (3) class change from a “D” Restaurant to a “C” Restaurant.

Discussion of license application for a Class C Tavern license for Sospeso at 1344 H Street, NE.

Discussion of license application for Mia’s Coffee House at 101 15th Street, NE.

2. ANC6B’s Executive Committee meets at 7:00pm at Hill Center, to set the agenda for the ANC6B meeting in January.

Wednesday, December 16

1. ANC6A’s Economic Development & Zoning Committee meets at 7:00pm at Sherwood Recreation Center, 10^th and G Streets, NE.

Among items on the agenda:

1301 H Street, NE, Zoning Relief Application for variances from the off-street parking requirements, parking aisle width requirements, loading berth requirements, and a special exception from the HS Overlay requirements, to convert a vacant church into a new four-story, mixed-use commercial and residential building in the HS-A/C-2-A District.

Informational presentation on proposed H Street Overlay regulations amendment originating from ANC 6C. The amendment seeks to clarify preservation requirements and remove other ambiguities. The goal is to protect buildings from being razed while still claiming preservation and to result in more consistent application of regulations.

1120 Park Street, NE, Historic Preservation Application for the addition of a roof deck to a new garage.

2. A Celebration of Life for Will Hill (1939 – 2015)

Long time Hill East activist, ANC Commissioner and former President of the Capitol Hill Garden Club died November 24, 2015.  A tribute from The Hill Rag is here:  http://bit.ly/1SxpDlp

A celebration of his life will be held Wednesday, December 16, from 5:30 to 8:00pm (Formal Program from 6:00 – 7:00pm) at Liberty Baptist Church, Fellowship Hall, 527 Kentucky Avenue, SE.

This informal memorial service is to honor Mr. Hill and his life of public service to the Capitol Hill neighborhood.

The service will feature a short program from 6:00 to 7:00pm with a small group of invited speakers sharing special letters of condolences offered to Will’s family.  Time will then be offered for anyone wishing to share their own personal memories of Will.  In lieu of a guest book, individual note cards will be available for guests to privately share a special memory of Will. If you wish to bring photos and/or memorabilia, a table will be available for display.  Light refreshments will be served compliments of Will’s close friends and neighbors. Donations to help defray other costs to host the service will be accepted with gratitude.

Thursday, December 17

1. PSA 108 meets at 7:00pm at Liberty Baptist Church, 527 Kentucky Avenue, SE, featuring Lt. Damion Taylor. A representative of the Office of United Communications will be on hand to explain what is being done to improve 9-1-1 services.

Coat Drive:  A coat drive to benefit veteran families continues through Monday, December 18.  Gently used winter coats, hats, scarves and gloves can be dropped off at Community Connections Lobby, 801 Pennsylvania Ave SE; Bayou Bakery, 901 Pennsylvania Ave SE; and Starbucks, 401 8th St SE.

Bullfrog Bagels Liquor License Wins ANC6B Approval

by Larry Janezich

Last week, ANC6B Commissioner Kirsten Oldenburg noted that nearby neighbors of the proposed Bullfrog Bagel shop coming into 7^th Street, SE, had filed a protest with the Alcohol Beverage Control Board (ABRA) regarding a request for a liquor license.  Oldenburg told the ANC’s Alcohol Beverage Control Committee that the ANC had the option of negotiating a settlement agreement regarding the restaurant’s operation in accordance with what they thought was good for the neighborhood and the that neighbors’ protest could go forward in ABRA.  At the full ANC meeting on Tuesday night, that’s exactly what happened.  In reality, the protest before ABRA has virtually no chance of winning further limitations with respect to the restaurant’s operations.

The ANC wrung only a few concessions for the neighbors most affected by the restaurant:  sale of alcohol inside and outside Sunday through Thursday was scaled back 30 minutes to 11:30pm and 10:30pm respectively and sale of alcohol inside by 30 minutes to 11:30pm on Friday and Saturday – sale of alcohol outside will remain at 11:00pm on those days.

The issue of deliveries in the alley was left up to the city’s official interpretation of laws and regulations which are a matter of dispute between the neighbors and Bullfrog, and the latter has agreed to limit and minimize the impact of any early morning alley deliveries if they are permitted by the city.  Finally, the agreement allows Bullfrog to haul trash from the second floor kitchen down exterior stairs in back and into the trash room for interior storage rather than transferring it through the restaurant.

Ellen Opper-Weiner, the attorney for the neighbors who are protesting the liquor license, said the residents were very disappointed.  Their biggest concerns remain noise and trash.  Opper-Weiner objected that the settlement agreement reached was between the ANC and the owners of Bullfrog Bagels, and said the residents felt left out of the process.  Opper-Weiner gave credit to Commissioner Diane Hoskins, who, she said, worked hard on behalf of the residents.  Hoskins offered amendments to the settlement agreement to soften the impact on neighbors which were narrowly defeated – one restricting rear deliveries on a tie vote.

Asked to react, Hoskins said, “While there are many encouraging elements of the agreement I’m disappointed because rear deliveries before 7am will be quite disruptive for nearby residential neighbors that surround the rear of the property. There is a reasonable alternative available via 7th Street utilizing the designated commercial loading zone, nearly in front of the property which will be available for early deliveries. This should be exclusively utilized before 7am. I strongly believe this is a reasonable compromise.  I hope Bullfrog will reconsider their position on rear deliveries before 7am.”

The “roll call” hearing on determining how the protest of the license will play out will be held on Monday, December 14.

 

Major Developer Floats Rehab/Redevelopment of Potomac Gardens and Hopkins Apartments

by Larry Janezich

Tuesday night, Leon Kafele, Chairman/CEO of ICP Group – the major force behind development of Potomac Parc on lower Barracks Row – floated his proposal for rehabilitation and redevelopment of Potomac Gardens and Hopkins Apartments before ANC6B.  Kafele says the current 363 residential units could be expanded into as many as 1200 affordable units, thus contributing to the solution for the District’s affordable housing crisis.

Kafele’s plan would initially involve building a new affordable housing complex near 1229 K Street, currently occupied by elderly low to moderate income residents, move those residents into the new building, and then rehab the existing structure for new tenants.  The process would proceed, building by building, across the Potomac Gardens and Hopkins campuses.  Kafele says his company has been working for a year or two talking to residents in 1229 G Street, and gathering their signatures on a petition endorsing the move.  Most residents, he says, have signed the petition.   Kafele thinks the project will cost up to $250 million and take only six years – building with precast concrete.

The ICP Group website envisions the privatization of the project, and states:  “Our vision for Potomac Gardens is to create a mixed-use development that will include a combination of apartments, retail space, and parking….The bottom floor will consist of approximately 90,000 square feet of retail space.  The type of proposed retailers includes restaurants, coffee shop, local market, copy center, fitness center and clothing stores.”

Kafele said he expects to come back to Hill Center in January and conduct a more in-depth briefing for the community.  For more information, see the company’s website, here:  http://bit.ly/1R8YuHV

 

The Week Ahead….Headliners: MPD District 1 Commander at ANC6B – DDOT Chief at ANC6A

by Larry Janezich

Monday, December 7

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

Tuesday, December 8

1. ANC6B meets at 7:00pm at Hill Center, 921 Pennsylvania Avenue, SE

Among items on the agenda:

Presentation:  Commander Jeff Brown, 1D MPD

Bullfrog Bagels, 317 7th Street SE, new Retailer’s Class “C” Restaurant license

Trader Joe’s, 750 Pennsylvania Avenue SE, new Retailer’s Class B license

Historic Preservation application for 1220 Potomac Avenue SE, new construction/revised plans for a multi-unit apartment project.

BZA application for 1524 Independence Avenue, SE, to clarify owner’s right to use parking spaces for car sharing.  (Nearby residents object to the late night activities and disruption that stem from the commercial use of this space.)

2. PSA 104 meets at 7:00pm at Stuart Hobson Middle School, 410 E Street, NE. (The January meeting on 1/12/16 will be at Sherwood Recreation Center, 640 10^th Street, NE.)

Wednesday, December 9

1. Advisory Neighborhood Commission 6C meets at 7:00pm, Heritage Foundation, 214 Massachusetts Avenue, NE

Among items on the agenda:

Craft Beer Cellar, 301 H Street, NE, new license, class A liquor store

Addis Ethiopian, 707 H Street, NE, modification to settlement agreement, class C restaurant

Alibi, 237 2nd Street, NW

Toscana Café, 601 2nd Street, NE

XO, 15 K Street, NE

Updates on Po Boy Jim’s, 709 H Street, NE, and Sugar Factory, 50 Massachusetts Avenue, NE

NoMa Parks update

Development of a park at 5th and I Streets, NE

NoMa Circulator route

Prostitution on K Street NE—MPD Lt. Cullen

Planned Parenthood, 1200 block of 4th Street, NE, curb cuts, sidewalk, parking, landscape

301 K Street, NE, curb cut and driveway in public space

518 6th Street, NE, status and update of ANC 6C appeal

Thursday, December 10

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

Presentation:  Courtney Snowden, Deputy Mayor for Greater Economic Opportunity

Presentation:  Leif Dormsjo, Director, District Department of Transportation

Sol Mexican Grill’s extension of its hours for operation, alcoholic beverage sales and consumption, and live entertainment

Letter of support for 2015 Rock and Roll Marathon, contingent acceptance of certain ANC conditions

Letter to DDOT requesting traffic and pedestrian safety improvements at the intersection of Florida Avenue and K Street, NE and the extension of parking for the entire length of the 1200 block of Florida Avenue NE, with the elimination of curb cuts and addition of appropriate signage

Letter to DDOT requesting the installation of a crosswalk and pedestrian crossing signs on east side of Ninth (9th) Street NE where L Street and West Virginia Avenue NE intersect

Letter to BZA in support of the request for variances at 1313-1323 Linden Court, NE, to allow the construction of five one-family dwellings and a neighborhood-serving retail establishment in the C-2-A District

2. ANC 6B Constituent Services Task Force meets at 7:00pm at Hill Center, 921 Pennsylvania Avenue, SE

3. CHRS Zoning Committee meets at 7:00pm Kirby House, 420 10^th Street, SE

 

Eastern Market Bullfrog Bagels Liquor License Application Off To Rocky Start

Owner Starts Off on Wrong Foot with Neighbors

by Larry Janezich

Last night, the continuing restaurant-vs-Capitol Hill resident drama was on full display at ANC6B’s Alcohol Beverage Committee meeting.  Under consideration was the application of a restaurant liquor license for Bullfrog Bagels opening next year at 317th Street, SE, near Eastern Market.  The opening was first reported on CHC, here:   http://bit.ly/1ylkCr1.

The owner of Bullfrog Bagels – Jeremiah Cohen – didn’t help his cause much when he first insulted nearby residents, and then threatened to make their quality of life worse by using even more disruptive delivery practices if he didn’t get to deliver bagels through the rear entrance of his 7th Street bagel shop daily between 3am and 4am.  One of their main objections is the early morning bagel deliveries.

Nearby neighbors have lawyered up in the person of Capitol Hill attorney Ellen Opper-Weiner to help them negotiate a settlement agreement with Cohen to minimize the impact of the restaurant on their quality of life.

Three major issues concern residents:  hours of operation, noise control from mechanicals, and Cohen’s insistence that the daily bagel deliveries between 3am and 4am occur through the restaurant’s rear door, which is overlooked not only by the bedrooms of living quarters above the adjacent retail shops, but also those of the large condo project across the alley.

As the result of recent meetings with Opper-Weiner, Cohen submitted a proposed settlement agreement detailing restrictions on business practices.  Such agreements are a routine part of alcohol beverage licenses and are used to address concerns the ANC and neighbors have regarding the business’operation.  Recently, mobilized neighbors have had considerable success in bringing better or best operation practices to food and drink outlets on Barracks Row, 7th Street, SE; and Pennsylvania Avenue, SE.

Cohen characterized the proffered agreement as doing “a good job of trying to address neighbors’ concerns.”  Opper-Weiner said that while some progress has been made the three major concerns listed above remain outstanding.  Commissioner Kirsten Oldenburg appeared to have little sympathy for residents, coming down squarely on the side of the restaurant saying, “I think this is a fine settlement agreement from my perspective.”

Cohen wants to serve alcohol until midnight on weekends and 11pm on weekdays both inside his restaurant and at a proposed outside café and on a front balcony of the building overlooking the street.  Neighbors want him to scale that back to 10pm during the week and 11pm weekends.  In addition, neighbors want best practices sound abatement for the roof top mechanicals and they want deliveries through the front of the restaurant, which Cohen says is not possible because his bagel racks cannot negotiate the stairs on the front entrance.  Commissioner Diane Hoskins, in whose single member district the restaurant resides, pushed for no deliveries before 7am.

Calling the objections “a classic NIMBY situation” the testy Cohen piled on, adding that the alternative “would be to say, ‘screw it.  I’ll bring a Sysco truck into the alley at 7:01 every day and leave it idling while we unload – it will drive you guys crazy….I’ll hire trucks you hate that will result in pollution, noise and traffic jams.  I’m offering not to do any of that by bringing a small vehicle into the alley early in the morning.  I’ve made an incredible offer – no Sysco truck – a quiet truck – no vendors in the alley – this is an amazing offer.’”

As to how alcohol will play into the menu of a bagel shop, Cohen was somewhat unclear other than saying that as the bagel demand tapers off around 11am, he hopes to offer lunch and brunch instead of the usual bagel shop practice of switching to subs, pizza, and burgers.  Though no mention was made last night, it’s been reported elsewhere that dinner will be served as well.

Commissioner Nick Burger suggested a trial period to “see how it goes.”  Linda Elliott, a resident who has been instrumental in organizing neighbors to push for best practices, pointed out that since the restaurant will not open before the license renewal period next spring, the trial period will be three years and three months.

After the committee voted to take no position regarding a recommendation to the full ANC which meets next Tuesday, pending further meetings between Cohen and neighbors, one of the residents spoke up and referring to Cohen’s remarks stated, “…threatening me is not appropriate.”  Cohen’s denied that he was threatening anybody, saying, “I was just pointing out what was better for the neighborhood.”

In a subsequent conversation with Opper-Weiner, the attorney told CHC that language restricting early morning deliveries may be moot, citing a conversation earlier today with the Counsel to DDOT in which she says he affirmed that DC regulations prohibit loading and unloading in spaces marked by No Parking/No Standing Anytime signage.  Such signage currently exists in the alley behind Bullfrog Bagels.  Whether DDOT will enforce the regulations at 3am is uncertain.