Author Archives: ljjanezich

Traffic Control Cameras Coming to Capitol East’s 17^th Street Speedway? – MPD Gears Up For New Year With $1M in New Photo Traffic Enforcement Equipment

by Larry Janezich

ANC6B’s Transportation Committee, Chaired by Kirsten Oldenburg, has approved a recommendation from ANC6B Commissioner Brian Flahaven that the full ANC6B urge MPD to deploy new mobile-enhanced photo enforcement equipment to address speeding on 17^th Street, SE.  The recommendation would come in the form of a letter from the ANC to MPD’s Photo Enforcement Program.  The full ANC will take up the matter at its November meeting at Hill Center next Tuesday night, at 7:00pm. 

Speeding on 17^th Street, SE, is a long standing problem.  The street is heavily trafficked by commuters travelling from East Capitol to Barney Circle, SE, to connect with the Southeast/Southwest Freeway.  Only two stoplights – at Massachusetts Avenue, SE, and Potomac Avenue, SE – slow them down.  Speeding up to make the light at Potomac Avenue has resulted in a number of major accidents.  At Flahaven’s request, MPD surveyed traffic on 17^th Street, and agrees a problem exists. 

A letter to the Photo Enforcement Program encourages deployment of speed monitoring cameras at the following 17^th Street intersections: 

Massachusetts Avenue, SE;

Potomac Avenue, SE;

Barney Circle, SE;

Independence Avenue, SE.

MPD is working to finalize procurement of the new mobile-enhanced photo enforcement equipment, which will include the following: 

Portable cameras capturing intersection violations (speeding, red light running)

Portable cameras capturing stop sign violations

Portable cameras capturing crosswalk violations at un-signalized intersections

Laser-based speed enforcement equipment for tunnels and hills

Overweight commercial vehicle and truck detection equipment

Since the expenditure for this new equipment will exceed $1 million, the DC City Council must approve before a contract can be signed.  According to Flahaven, Councilmember Wells believes this is a straightforward request which should get easy approval.  Flahaven said, “While MPD can give no assurances, they think 17^th Street is a prime candidate for the new equipment.”  Their goal is to deploy the new equipment early in 2012.

Pound Seeks Beer and Wine License

Pound Seeks Beer and Wine License – Will Offer Full Dinner Service in December

by Larry Janezich

Last Thursday night, ANC6B’s ABC Committee, chaired by Commissioner Carol Green, heard a request from Karl Johnson, one of the owners of Pound at 621 Pennsylvania Avenue, SE, for a new beer and wine license.  Pound anticipates offering full dinner service seven days a week inside, in its private garden, and at the sidewalk café in front.  If all goes well, Johnson said, the dinner menu will be available the second week of December. 

Commissioner Ivan Frishberg – who lives behind the coffeehouse – requested that this issue be forwarded to the full ANC without recommendation pending his checking with nearby neighbors on a proposed 10:30pm closing time for the private garden.  Frishberg was optimistic the neighbors would sign off on this request.

La Plaza - As Envisioned

La Plaza - Current Version

La Plaza Expands – Adds Second Floor – 34 Seats

by Larry Janezich

Next Tuesday night, ANC 6B will be asked to approve Henry Mendoza’s application to add 34 seats and a second floor to La Plaza, at 629 Pennsylvania Avenue.  The popular Mexican/Salvadoran restaurant has a large attic and Mendoza wants to replace the plywood and concrete block with brick, add three windows, skylights and detailing at the roof line.  ANC6B’s Planning and Zoning Committee recommended the full ANC approved the additions.  ANC6B will meet on next Tuesday at 7:00pm at the Hill Center to vote on the request. 

Although the Restoration Society has not considered the request, its Historic Preservation Committee is scheduled to consider it on Monday, and the Historic Preservation Board has put the request on its agenda for the November 17 meeting.

Tune Inn Reopens Today, Friday, November 4

by Larry Janezich

The Tune Inn reopened today, after the fire four and a half months ago that required renovation.  Much of the feel of the original place remains intact, and the Friday afternoon crowd comprised many of the regulars who welcomed the restaurants return from the ashes.

ANC6B Forges Stakeholders’ Coalition On Hine Zoning Change – Final Opportunity For Community to Win Concessions From Developer

by Larry Janezich

Tuesday night, ANC6B Commissioner Francis Campbell’s Planning and Zoning Committee approved the makeup of its thirteen member Subcommittee on the Hine Public Unit Development (PUD) process by a vote of 8 – 0 – 1. 

At its last meeting, ANC6B authorized the creation of the Subcommittee – which will include resident members – to negotiate the deal which will allow Stanton/Eastbanc  Development to change the Hine site’s zoning, permitting the greater density the project requires.  Any recommendations the Subcommittee makes will have to go before Campbell’s committee before being referred to ANC6B for final action.  

Stanton/Eastbanc is expected to file an application to start the rezoning process by month’s end.  That will initiate a series of meetings, hearings, and negotiations which will play out over the next several months – possibly longer.  It will be the final opportunity for the community to win concessions from the developer, or be compensated in terms of “amenities” for the impact increased density will have on the neighborhood. 

The Subcommittee is chaired by Commissioner Ivan Frishberg.  Brian Pate is the Vice Chair.  Under the resolution creating the Subcommittee, resident members were nominated by Frishberg, Pate, and ANC6B Chair Neil Glick.  The Planning and Zoning Committee’s vote sends the proposed makeup to next Tuesday’s full ANC6B meeting for final approval. 

Frishberg explained that the new procedure involving appointment of a special subcommittee was to facilitate the development of a community consensus by pulling more of the community into the process and strengthening ANC6B’s  position in negotiations with the developer.

Voting in favor of the motion to approve the resident members: Chair Francis Campbell and Commissioners Brian Pate, Jarad Critchfield, Carol Green, Dave Garrison, Ivan Frishberg, Brian Flahavan, and 6B03 Resident Commissioner (for absent Norm Metzger) Ryan Benjamin..

Abstaining:  Commissioner Kirsten Oldenburg.

ANC6B Chair Neil Glick and Commissioner Norm Metzger were absent. 

Debate on the resolution was not without controversy.  Commissioner Oldenburg raised the issue of three of the proposed resident members of the Subcommittee being representatives of nearby neighbor civic organizations.  She called the choices “biased” saying “all of us are aware of their voices on Hine – they bring nothing new to the table.”  She foresaw the emergence of a strong voting bloc on the Subcommittee if Frishberg and Pate decided to represent the interests of these nearby neighbors at the expense of the larger community.  Commissioner Garrison said he shared Oldenburg’s concern noting “some issues of the nearby neighbors may win the day by force of numbers.”

Frishberg rebutted the contentions, pointing out that all recommendations had to come back to the Planning and Zoning Committee and the full ANC, and that each of the three nearby neighbor groups had different agendas.   He agreed with one concern Garrison made, that it would be difficult for the Planning and Zoning Committee to unravel the Subcommittee recommendations and would be under pressure to approve a package they did not fully agree with or have time to explore.  To that end, Frishberg said “it would be foolish to embark on exercises with which the ANC is not fully engaged.  My hope is that this will be a consensus process.”    

Garrison suggested enlisting the aid of former ANC Commissioner Ken Jarboe, citing his experience and understanding of the zoning regulations.  Frishberg and Pate agreed to reach out to Jarboe and the final recommendation to the full ANC included a space for Jarboe.  This seemed to satisfy Garrison, who ended up voting for the Subcommittee makeup.  Jarboe subsequently accepted Pate’s invitation to join the Subcommittee.    

In addition to Jarboe and those commissioners who asked to serve on the Subcommittee (Frishberg, Pate, Green, Garrison, Oldenburg, and Critchfield), the following representatives of stakeholder organizations will make up the Subcommittee. 

Monte Edwards – Eastern Market Community Advisory Committee (EMCAC) representative.  Capitol Hill Restoration Society Board Member and Chair of its Transportation Committee.  Member of the Stanton Park Neighborhood Association.  Member of the Transportation Committee of the Committee of 100.  

Julia Christian – CHAMPS (Capitol Hill Chamber of Commerce) representative.  Executive Director of CHAMPS.  Former head of Capitol Hill Arts Workshop.   

Gary Peterson – Capitol Hill Restoration Society (CHRS) representative.  Board Member and Chair of CHRS Zoning Committee.  CHRS representative to various H Street PUD processes.

Roger Tauss – Eastern Market Metro Community Association (EMMCA) representative.  Former VP of the National Transportation Workers Union.

Steve Sweeney – Eyes on Hine (EOH) representative.  Senior EPA attorney.  Former President of the Tyler PTA

Bill Pate (no relation to Brian Pate) – North Neighborhood Coalition (NNC) representative.  Small business owner specializing in advanced analytics and statistical data analysis.  Served as Assistant Director for the American Physiological Association’s Center for Workforce Studies. 

ANC6B will next meet on Tuesday, November 8, at 7:00pm.  The meeting will be in the Benjamin Drummond Room, First Floor, The Hill Center, 921 Pennsylvania Avenue, SE.

Resident members of the Planning and Zoning Committee who were present at Tuesday night’s meeting included Ryan Benjamin (6B03), Ksenia Kaladiovk (6B09), Steve Merrill (6B04), Susan Eads Role (6B05), amd Bren Barnett (6B10).

Anonymous Donor Helps Fund Outreach to Create H Street NE Historic District- Effort Could Include Area Between H Street NE and East Capitol

by Larry Janezich

The Capitol Hill Restoration Society (CHRS), at the behest of ANC6A, has entered into a contract with EHT Traceries for the preparation of a National Register Nomination for H Street, N.E.  This project would lay the groundwork for H Street NE to become a new historic district.   ANC6A is the project initiator, and CHRS has agreed to serve as a pass thru for funding and to manage the contract.  The nomination document is due March 31, 2012.  The contract is for $10,000 and the work includes assistance with outreach to the community.  In July, ANC6A earmarked $4,000 for the effort.  The balance appears to have come from an anonymous donor. 

Asked about the identity of the donor and the amount, ANC6A Chair David Holmes said, “The funds about which you inquire were from a private donor – who can release their name and the amount themselves.”

According to Holmes, ANC 6A has not authorized submission of an application to either create or expand a historic district.  ANC 6A, he said, was informed of a possible donation to fund paperwork related to historic context statements for parts of 6A, in the event residents wished to create or join an historic district.  Holmes asked that the donation be made to and accepted by, CHRS, rather than ANC6A.   In September, CHRS met in a closed executive session to hear the proposal from Holmes.  The CHRS subsequently agreed to act as a pass through agent.

Holmes expects the funds will be used for paperwork preliminary to any public outreach for consideration of a commercial historic district or if residents south of H Street to seek the protection of a historic district.  ANC6A’s Planning and Zoning Committee has been assessing interest of these residents in establishing a historic district in an area bounded by H Street in the north, 15th Street to the East and East Capitol St to the South.

Earlier this year, Traceries recommended that an area in near-Northeast adjacent to the H Street commercial corridor, roughly between 2nd and 15th Streets, and from H to F Streets, NE, become part of the Capitol Hill Historic District.  That project was funded by a settlement CHRS reached several years ago with the Louis Dreyfuss Property Group (some $83,000), as mitigation for the demolition of twelve historic buildings in the way of the new Dreyfuss development between H and G and 2nd and 3rd Streets, NE,.

Holmes cautioned that preliminary paperwork does not mean a submission will follow.  He said ANC6A is hearing from residents south of H who are threatened by the expanding success of H Street and fear the possible loss of livability in their neighborhoods to new apartment buildings or the overgrowth of re-built structures.  These residents could take advantage of the process being initiated by ANC6A .  “If people want to protect themselves,” Holmes said, “the already prepared paperwork would make that option available to them.” 

Regarding a historic district for H Street, Holmes noted, “… the look and funky feel of H Street are a crucial part of its business success, just as with Georgetown or the French Quarter.  It’s an exciting place now, so changes that would make it look like suburban PG could hurt the business model.”

Holmes added, “In any case, no submission of any application is authorized, and that would likely come through ANC6A since they are initiating the project.  But first, there would have to be outreach, hearings and discussion.”

ANC6B and EMCAC Members Hear From Community On Eastern Market. From Top: Commissioners Jared Critchfield, Dave Garrison, Carol Green, Brian Flahaven, Ivan Frishberg, Brian Pate, EMCAC Chair Donna Scheeder, and Commissioner Kirsten Oldenburg

Community Turns Out On Eastern Market. At Right: EMCAC Chair Donna Scheeder

Vendors and Community Voice Concerns On Eastern Market Legislation

by Larry Janezich

ANC6B and Eastern Market Community Advisory Committee (EMCAC) held a joint listening session Thursday night to receive commentary from community members and stakeholders on pending legislation to create a new governing authority for Eastern Market.  According to EMCAC and Councilmember Wells, the city wishes to get out of the business of managing the market.  Without a new governing structure, the finding of a new manager will default  to the previously unsatisfactory practice of bidding out the job.  Eighty-five stakeholders, vendors, merchants, farmers, and community members turned out for the meeting. 

Linda O’Brian, from Councilmember Wells’ staff, was present to give an overview of the legislation and detail where it stands in the legislative process.  The bill, introduced by Wells, is in the City Council’s Committee of the Whole, which will hold an as-yet-unscheduled public hearing.  After being passed out of the Committee on the Whole, the bill will go to the City Council for two votes, the second of which will constitute final passage.  O’Brian took questions from ANC Commissioners and EMCAC members and noted that the legislation was on the Councilmember’s website and encouraged comments.  (See below)

ANC Commissioner Brian Pate chaired the meeting, in his role of ANC6B representative to EMCAC.  Pate and fellow Commissioner Ivan Frishberg – in whose Single Member District Eastern Market lies – did most of the questioning of those vendors and members of the community who chose to make statements about their concerns. 

As merchants, farmers, vendors, and community member rose to speak, it became apparent what a tangled web of overlapping and conflicting interests the ANC, EMCAC, and the legislation will have to resolve. 

One of the overriding concerns in which one would expect the neighbors to be interested had to be voiced by the Market’s fresh food vendors.  This concern is about the direction the Market itself is moving.  Several the food merchants take issue with this direction noting that the Market has become a tourist destination attracting large crowds who buy few food items.  On the other hand, the flea market and craft vendors benefit hugely from tourists attracted to the location.  A coalition of merchants in the area informally known as the “Sign Tigers” and lead by Chuck Burger who is not only a key player in the Capitol Hill Chamber of Commerce (CHAMPS), but also serves on EMCAC, has been instrumental in winning approval for city funding of an information kiosk at Eastern Market Metro Plaza, to promote the Market as a tourist destination for the benefit of the restaurants and shops in the immediate area. 

Some community members believe the way to guarantee the future as a food market is to offer a better quality locally grown product and to offer it during the week on the farmer’s line.  Others point out that a consumer friendly approach could be furthered by clearly pricing the products offered.  Many merchants, inside and out, expect customers to ask the price of an item.  A new governing structure with special expertise in food, arts, business and finance, historic preservation, legal, merchandising or marketing issues – as required by the bill – could nudge the Market in this direction. 

The merchants and vendors of the market were heavily represented at the meeting.  According to long time Market fish vendor Charles Glasgow, the vendors are fearful about their future at the market since the new legislation does not offer the protections including right of first refusal, long term leases, and rent controlled by the Consumer Price Index which was granted them in the 1997 legislation currently governing the Market.  Merchants, farmers and vendors are pressing to increase their representation on the new governing board by decreasing its size from 11 to 9 members.  The legislation guarantees three elected representatives of merchants, farmers, and vendors will have voting membership on the new board. 

The two managers of the weekend flea markets, Carol Wright on Saturday, and Michael Berman on Sunday, spoke of their fear losing control of their respective venues, since the legislation specifies no management role for them after the Hine lot is closed for construction.  In addition, since the proposed space available for the weekend markets under the Hine plan is half of what is currently available, they fear that half their vendors will have to be dropped or that they will have to seek space elsewhere in the city for their operations. 

Questions regarding how the flea markets will be dealt with depend in large part on Stanton/Eastbanc Development which is proposing closing 7^th Street between C and Pennsylvania on Sunday to accommodate the market.  Closing streets, however, has raised the hackles of some in the community who point out that the current weekend closing of 7^th Street between Independence and North Carolina was accomplished by mayoral fiat, without community input.  Parking is also a contention.  Stanton Eastbanc (for cost reasons) and some nearby neighbors (who fear losing street parking if more vehicles are attracted to the area) want to minimize parking in the Hine Development.  Merchants (who want parking for customers), and vendors (who will park vehicles in the development on weekends) want as many spaces as possible. 

Many in attendance, both vendors and members of the community, had concerns about the self-perpetuating character of the new board after the initial appointments by city officials, and lack of oversight or responsibility to the community once the board is in place.  

A signification and specific concern regarding the legislation was raised by EMCAC member Monte Edwards, who – speaking only for himself – pointed out that the legislation terminates the city’s responsibility for maintenance and covering capital costs ten years after enactment.  With respect to the latter, the legislation provides that the City will fund any major repairs, alterations, construction or improvements to the Market only for the next ten years.  Edwards agreed that the responsibility for maintenance should be terminated after ten years, but told the ANC and EMCAC, “I suggest that the expiration of the City’s responsibility for capital improvements should not automatically expire after ten years, but should be subject to review after 10 years.”

To comment on the legislation, go to this site:  http://www.tommywells.org  Scroll down to the October 4, entry at bottom of the page and follow the links to review Wells’ statement and the current and proposed legislation for governing the Market.  To leave a comment, click on the first link regarding Wells’ introduction of the bill.

Wells Supports Current East Capitol Boundary Between ANC6B and ANC6C

by Larry Janezich

Councilmember Wells met with Ward Six ANC Chairs in his office on Monday night and told them he was making a few changes to the plan presented by the Redistricting Task Force.  Most significantly for ANC6B, he said he supports moving the proposed boundary of Independence Avenue back to East Capitol Street.  Wells also supports changes in ANC6B’s Single Member District boundaries recommended by the Task Force, but details are not yet available.  To accommodate ANC6C, who stood to gain a 7th Single Member District at 6B’s expense under the plan proposed by the Redistricting Task Force, Wells said he has a new plan that will allow 6C to have seven commissioners.     

Asked for comment on why he decided to overturn the Redistricting Task Force Report, Wells said, “I took the report from the task force as recommendations. I greatly appreciate the hard work of the committee but it is not the final say on the boundaries.”  Wells added, “I support moving the proposed boundary of Independence Avenue back to East Capitol Street.  I also believe the Census erred in stating there were only 81 residents living in NOMA.  I recommend correcting that.”

At ANC6B’s Executive Committee meeting Tuesday night, the redistricting issue was added to the agenda of November’s ANC6B meeting.  The commissioners will consider some changes to the language in the existing resolutions on redistricting, in anticipation of testimony before the City Council on the proposed plan.  The next meeting of the ANC will be on Tuesday, November 8.

The ANC6B residents who were affected by the proposed boundary change mounted a strong campaign of petitions, letter writing, and community meetings to urge Wells to keep the East Capitol Street boundary.   ANC Commissioner Ivan Frishberg, who would have lost part of his Single Member District to ANC6C had the boundary been moved to Independence Avenue, was instrumental in organizing opposition to the change.  Frishberg said, “The neighbors who got involved in this deserve huge credit for their show of pride for their neighborhood.”  Commissioner Dave Garrison, much of whose Single Member District lies in the affected area, said, “I’m grateful for Council Member Wells’ support of the residents of 6B01 and delighted that my neighbors will remain a part of the 6B process.”

CHRS To Join ANC6B’s Subcommittee on Hine Re-Zoning Process – Society Reserves Right to Seek Independent Party Status Before Zoning Commission

 by Larry Janezich           

Restoration Society Zoning Committee Chair Gary Peterson met with ANC6B Hine Public Unit Development (PUD) Subcommittee Vice Chair Brian Pate on Monday night.  After the meeting, Pate said Peterson agreed to recommend to the CHRS Board that CHRS participate in the Subcommittee to review Stanton/Eastbanc Development’s application to change the zoning of the Hine site.  A zoning change for the site is necessary to permit the greater density required by Stanton-Eastbanc’s mixed use project. 

Pate added that Peterson was clear that CHRS will still seek an independent voice before the Zoning Board.   In this, they seem to be mirroring other community groups who are willing participants but retain the right to seek party status.  The agreement represented a likely reversal of position for the CHRS.  Last week, Peterson filed a report with the Society’s Board in which he stated that he will “decline an invitation” to become one of the community groups joining ANC6B’s Subcommittee.  That report was still pending before the board when the new agreement was reached Monday night. 

Reached for comment, Peterson said that he will be joining the Subcommittee with the understanding that CHRS may take different positions on some issues.  He said that this would allow CHRS to keep its independence and yet helps the Subcommittee wade through the PUD process. 

Community groups wish to retain the right to seek “party status” in the discussion, because the status carries with it greater weight and expanded privileges during the Zoning Board public hearing on the issue.  ANC gets automatic “party status” in the process.  The Zoning Board is reluctant to grant that designation to more than two or three organizations or individuals in the proceedings.

On October 11, ANC6B authorized establishment of a Subcommittee chaired by Commissioner Ivan Frishberg comprised of ANC6B Commissioners and up to six representatives of outside stakeholders to participate in negotiations with the Office of Planning, the developers, and the Zoning Commission regarding the PUD process.  This is one of the last chances the community will have to influence the process.  

Few Capitol Hill organizations have participated in a PUD process, since they are uncommon in the Historic District.  CHRS last participated in a PUD process several years ago related to the Dreyfus development on H Street, NE.  In that case, they were part of a larger group including the ANC and the Stanton Park Neighborhood Association.  The settlement in the PUD mitigation process in that instance involved a large sum of cash for the CHRS.  That cash was subsequently used to lay the on-going ground work for expanding the Historic District “Beyond the Boundaries.”

CHRS Contract Anticipates Expansion of Capitol Hill Historic District and New Historic Districts

by Larry Janezich

Last Tuesday, Donna Hanousek, Chair of the Restoration Society’s “Beyond the Boundaries” Committee, reported to the CHRS Board that the Society has engaged EHT Traceries, the architectural history firm, to make a “context study” of the area outside of the Capitol Hill Historic District, south of H Street, NE, and east of 13th Street, NE and SE, down to the Anacostia River.  The cost of the project is $25,000 and is expected to be completed by June 30, 2012.

This “context study” is the last step necessary to complete the CHRS “Beyond the Boundaries” project which “seeks to promote the appreciation of neighborhood history and support historic preservation efforts outside the boundaries of the Capitol Hill Historic District.”  Volunteers completed a survey of the area in 2010, compiling a huge amount of information including pictures and descriptions of every building in over 100 square blocks.  Traceries will pull together the cultural, demographic, religious, etc., data to document how neighborhoods within the area came about.  This information will strengthen the case for historic district status for neighborhoods identified by Traceries earlier this year as potentially eligible for historic status. 

Pursuing historic district status requires submitting extensive documentation to the Historic Preservation Review Board (HPRB) and is done through an ANC, either on its own behalf or on behalf of a civic or neighborhood organization. The context study will serve as the basis for the required documentation if an ANC or civic organization pursues historic district status in the future.  ANC6A has recently started exploring the feasibility of  historic district status for some areas within its boundaries.    

Seeking historic status for a neighborhood is not without controversy.  A majority of those within a neighborhood must support historic status for that area.  In 2010, the Barney Circle neighborhood seemed well on its way to becoming a historic district.  This became a campaign issue in ANC6B09, and when Brian Flahaven – who opposed historic district status for Barney Circle – was elected Commissioner by a large margin last November, the historic district nomination was put on indefinite hold by the HPRB.  Many newer Capitol Hill residents oppose the greater restrictions and bureaucracy involved in making home improvements that come with historic status.  In addition, there are larger issues of gentrification and diversity which accompany expanding or creating a historic district.