CAPITOL HILL CORNER

Want Your Alley Paved?  It’s Easy.  Write a letter.  Be nice.

(And employ a full time person who stays at the District Building to take care of things.)

by Larry Janezich

Neighbors of the contentious pop-up at 242 14th Street, SE, (See here: http://bit.ly/1Suk9Gg) were surprised at the appearance of DC Department of Transportation paving equipment in their alley last week.  Some months ago, long-time Capitol Hill developer Bob Hess floated the idea to neighbors of petitioning to have the dirt alley behind his new two-unit condo pop-up paved.  The project features an unusual main entrance for one condo fronting on an alley feeding into Kings Court and this is the alley Hess wanted paved.  Neighbors were not inclined to cooperate, being upset at the height and mass of the project, which – even though within legal limits at the time permits were issued – is out of character with the roof line on the block.

So when the city’s paving equipment showed up on Monday evening last week, irate neighbors demanded to know through their ANC commissioner if the imminent paving had received the appropriate sanctions.  Apparently they had, as a visit to the site in mid-morning on Tuesday, June 21, showed the paving well underway.

There are many alleys on Capitol Hill that need paving, and a timeline for paving them reportedly exists, but one which is dependent on the funding available for those projects. Naturally, neighbors were curious to know how the paving of the alley just off Kings Court had been achieved so expeditiously.

When CHC asked a worker on site how CHC could get its alley paved, he replied, “Work through your ANC.”  But the ANC commissioner for the neighborhood was not involved nor was he aware of the paving.

CHC reached out to DDOT Associate Director of Public Space Regulation, Matthew Marcou and asked:

“Can you give me some background about how today’s paving of the side alley emptying onto Kings Court, SE, came about?  I was there this morning and I saw that a DDOT crew has paving well underway.

The aspect of the job that I’m curious about is that it seems to have been undertaken primarily for the benefit of a private developer – Bob Hess – who has built a two unit pop up on 14^th  Street, SE, with an unusual arrangement whereby the main entrance to one of the units is on the alley which feeds into Kings Court.  It is this alley that is being paved.

So, can you walk me through what transpired to make this work possible?  There are many residents who have alleys that are in much worse condition than the one that is being worked on this morning.”

Pending a reply, CHC also went directly to developer Bob Hess and asked how he managed to get the alley paved.

Hess said, “I wrote a letter to the mayor and included photos.  I made it technical and talked about erosion, puddling, water run-off – silt build up.  I employ a person full time who stays down at the District building and takes care of things for me.  That’s why I don’t have any problems.”

CHC said it had an alley that needed paving.  Hess said, “Write a letter to the Mayor.  You have to be nice.”

Later that day, CHC received a terse reply from Director Marcou:

Dear Mr. Janezich:

I am looping in DDOT’s PIO Terry Owens.

A week later, on Monday, June 27, CHC replied to Marcou that no word had been received from Owens, and that CHC was asking if the developer had received preferential treatment, and if so, what the basis was.

As of close of business today, Monday June 27, there has been no reply.  If one should come, CHC will update this post.

Bob Hess is a crusty, likeable, old time, hands-on, small developer – probably in his late 60’s.  He wears Levis and a work shirt, drives a battered pickup truck, and personally oversees the work on his projects.  He continues building, probably not because he needs to, but because he loves it.  He knows how the system works and, he likes to say, “I know what I’m doing.”  He’s cut from a different bolt of cloth than some of the of the larger developers on Capitol Hill, e.g., the Hine developers.  But what he shares with them is an unawareness that continuing the methods used to develop properties in an undervalued section of the city seems today like exploitation – and that an insensitivity to the fact that working within the letter of the law – or receiving the benefit of doubt (if not preferential treatment) from the city’s oversight agencies – is no longer in the best interests of the community.

Hess offered to send me the letter he sent to the Mayor.  But he didn’t.

The Week Ahead….

by Larry Janezich

Tuesday, June 28

1. ANC6B’s Executive Committee meets at 7:00pm at Hill Center to set the agenda for the next meeting of the full ANC6B scheduled for July 12, also at Hill Center.

Wednesday, June 29

1. MPD District 1 officials meet with residents at 7:00pm at St. Coletta’s (19^th and Independence Avenue, SE) to address concerns about the gun fight that took place Saturday night at 17^th and Independence.

 

2. The Eastern Market Community Advisory Committee (EMCAC) will convene for a special meeting at 7:00pm in the North Hall of Eastern Market.

Agenda:

Final Review of the Report of the Market Operations Committee Regarding the Proposal to Create a Business Plan for Eastern Market.

Thursday, June 30

1. SGA Architects will hold a community meeting at 7:00pm in the Harriet Jacobs Room in Hill Center to introduce their concepts for the shotgun house at 1229 E Street, SE, and a multi-family residence at 1230 Pennsylvania Avenue, SE.  For examples on some of SGA’s multi- family projects, go here:  http://www.sgacos.com/multifamily/

Shotgun House and Frager’s Garden Center Sold

120 Apartment Complex Coming to 1200 Block of Pennsylvania Ave SE

by Larry Janezich

Sassan Gharai, founder of SGA Architects, is the new owner (ed. see comments below) of both the famous Shotgun House* and the attached Frager’s Garden Center in the 1200 block of Pennsylvania Avenue, SE.  The firm designed and developed Butterfield House at 1020 Pennsylvania diagonally across from the old Frager’s Hardware store, which is being developed by Perseus Realty.  The new SGA project is within the Capitol Hill Historic District and subject to design approval by the Historic Preservation Review Board.

SGA plans to build a 50 foot, 120 unit apartment building by right, on the site that is now Frager’s Garden Center.  The Shotgun House will be pushed back on the lot, preserved and restored, and a three story addition will be built on the rear of the building. Sources indicated the building would not contain a retail component (ed. but see comments below).  The town house at 1230 Pennsylvania which is part of the parcel would remain a residence and be incorporated into the project.   SGA architects have been reaching out to neighbors in the past few weeks to explain their intentions for the site.

The controversy over preservation of the historic Shotgun House has been an impediment to the development of the parcel, but Capitol Hill historic preservationists and early signals from the Historic Preservation Board seem to favor this development.

SGA Architects hope to take the design before HRPB in July, which would put it on the agenda of ANC6B earlier in the month.  That may be the only time it comes before the ANC if the plan to build by right stays in place, and no zoning changes are sought that would require a Planned Unit Development (PUD) procedure.  It could be a year before construction can start, leaving time for Frager’s to relocate their garden center.  No word yet on where that might be.

Asked for comment, ANC6B Commissioner Nick Burger, in whose single member district the project lies, said, “This has been a contentious site for many years.  I’m cautiously optimistic that this is a plan viable for the developer and one the neighbors would be willing to support.”  Burger said he had urged the developer to hold a community meeting to introduce the plan to the neighbors, and said the developer seemed amenable.

Butterfield House, the design of which pays homage to the Victorian era, has 28 condos and was finished in 2008.  The new project – so far unnamed – will be apartments, in contrast to the 30-40 condo units planned for the Frager’s site across the street.  No word on how much parking is planned for the new SAS development.

For a CHC post on the last time then-owner Larry Quillian tried to get rid of the Shotgun House, go here: http://bit.ly/28U4JPg  The result was that the Historic Preservation Review Board refused to permit its demolition.

*From Wikipedia:  “A “shotgun house” is a narrow rectangular domestic residence, usually no more than about 12 feet (3.5 m) wide, with rooms arranged one behind the other and doors at each end of the house. It was the most popular style of house in the Southern United States from the end of the American Civil War (1861–65) through the 1920s. Alternate names include “shotgun shack”, “shotgun hut”, “shotgun cottage”, and in the case of a multihome dwelling, “shotgun apartment”. A railroad apartment is somewhat similar, but instead of each room opening onto the next room, it has a side hallway from which rooms are entered (by analogy to compartments in passenger rail cars).

A longstanding theory is that the style can be traced from Africa to Haitian influences on house design in New Orleans,[1] but the houses can be found as far away as Chicago, Key West, Florida, Ybor City,[2] and Texas. Though initially as popular with the middle class as with the poor, the shotgun house became a symbol of poverty in the mid-20th century. Some of these houses are being bulldozed as part of urban renewal, while others are being saved for historic preservation. Others are saved and renovated in areas that undergo gentrification.”  Read more of this article here:  http://bit.ly/28MjWBr

The Week Ahead….Mayor Bowser Walks Hill East on Tuesday

by Larry Janezich

Monday, June 20

1. ANC6A Transportation & Public Space Committee meets at 7:00pm at Capitol Hill Towers, 900 G Street, NE.

Among items on the agenda:

Petition for Residential Parking Permits by residents on 400 Block of 17^th Street, NE (17Solar)

Request for traffic calming measures for 200 Block of 10^th Street, NE

Request for traffic study at intersection of 10^th Street, NE, and Massachusetts Avenue, NE

Bicycle and vehicle traffic on 1500 Block of C Street, NE

Letter of support for providing dedicated lanes for future western section of DC Streetcar

2. ANC6B01 and Tortilla Coast will host a re rat abatement at 6:00pm at Tortilla Coast, focusing on the rodent problem along 1^st Street, SE, and D Streets, SE and the alley off 1^st Street behind Bull Feathers, Subway, and Talay Thai.

Agenda:

The discussion will center around best practices for rat abatement.

Tuesday, June 21

1. Mayor Bowser’s Neighborhood Walk in Hill East starts at 3:00pm from Stadium Armory Metro Stop. The proposed future home of Andromeda Recovery Clinic at 15^th  and Massachusetts is scheduled to be part of the walk.  One of the Mayor’s Ward 6 reps has requested DC’s Director of Behavioral Health to participate. See CHC post on this issue here: http://bit.ly/1UPmiAi

2. ANC6A ABC Committee meets at 7:00pm at Sherwood Recreation Center, 10^th and G Streets, NE

Among items on the agenda:

Discussion of request by H Street Country Club at 1335 H Street, NE, for a change to its hours of live entertainment (requesting addition of entertainment Sunday through Thursday 6:00pm to 1:00am, no change to Friday/Saturday entertainment hours)

Discussion of neighborhood issues related to Master Liquors at 1806 D Street NE.

Discussion of ANC’s protest of expansion of seating and entertainment hours by Sol Mexican Grill at 1251 H Street, NE

3. The EMCAC Subcommittee for Market Promotions meets at 7:00pm at the Eastern Market Manager’s Office.

Agenda:

The Department of General Services proposal to engage an outside contractor to make recommendations for a five-year plan for Eastern Market.

4. CHRS Board of Directors meets at 6:30pm, Capitol Hill Townhomes, 750 6^th Street, SE, second floor.

Wednesday, June 22

1. The Eastern Market Community Advisory Committee (EMCAC) will meet at 7:00pm in Eastern Market’s North Hall.

Among items on the agenda:

Report of the Vice Chair on Marketing /promotions committee

Report from the Market Operations Committee meeting to review the plan to undertake a study for a 5 year plan for Eastern Market

Editor’s Note:

Daniel Chao

ANC 6B07 Daniel Chao has sent out the following notice asking the community to donate items to support the Potomac Gardens Summer Camp Programs:

“Total Family Care Coalition at Potomac Gardens is once again starting their Summer Camp Program for children ages 6 to 13.

They are in need of some supplies and are asking for assistance in donations.  If you are able to and wish to donate any of the items below please contact Benita Blaine at bblainetfcc@gmail.com or call 202-758-3281.

DC Department of Behavioral Health Oblivious to Perfect Storm Brewing in Hill East

by Larry Janezich

DC’s Department of Behavioral Services’ (DBH) faulty assumption contributes to a perfect storm brewing in Hill East at the intersection of 15^th Street and Independence Avenue, SE.

Monday night, Hill East residents and ANC6B Commissioners Jayaraman and Krepp learned for the first time that the newly constructed Community Action Group (CAG) headquarters at 201 15^th Street, SE, which has been publicized as administrative offices, will seek to be certified to provide substance abuse and other counseling services for up to 50 clients a day at the location.  Jayaraman had questioned the Department of Behavioral Services (DBH) regarding their understanding of whether the CAG was going to apply for a certification as a substance abuse recovery clinic, and was told “we do not expect CAG to seek certification” for the 15^th  Street location.

CAG is already certified to operate as a clinic for space it leases at 12^th and Pennsylvania Avenue, SE, and Monday night, CAG President Janice Gordon commented that she was looking forward to a moving into the new building because of the expense of leasing the Pennsylvania Avenue location.  Gordon said that the CAG headquarters aimed to serve the community and would perform spiritual, social, recreation and health and wellness functions but would not provide details on what these functions entailed.  She said, “Once we get into the building the space that we have will determine specifically how far we’ll go in any direction.”  She said CAG had not yet had any conversations with DBH.

According to the CAG website for the 12^th and Pennsylvania location, “The treatment center provides outpatient care. There are special groups and programs for persons with co-occuring mental and substance abuse disorders, persons with HIV and AIDS, gays and lesbians, seniors and older adults, pregnant and postpartum women, women, men, and criminal justice groups.”

The ANC Commissioners and nearby neighbors are concerned because another substance abuse recovery clinic is seeking to open a block away.  Andromeda Transcultural Health Services expects 35 – 40 up to 100 visits a day from its clients.  See CHC posting here: http://bit.ly/1XprQ7W

Between the two facilities there is a 7-11 – weeks from opening –  which will sell fast food, soft drinks, and cigarettes.  Also between them is a mom and pop market selling alcohol.  The intersection of Independence, Massachusetts, and 15^th Street provides considerable greenspace and an alley behind the 7-11 that has been a hangout spot for public drinking for years, if not decades.  Payne school, City Center Charter School, and the Early Childhood Education Center are within 1000 feet of at least one of the proposed clinics.  DC General is four blocks away – from which (according to Jayaraman) some of the Andromeda’s clients will be drawn.

All of this surrounded by a diverse residential area of Hill East.

The two ANC commissioners have been trying to alleviate the impact on the community.  They pushed hard and apparently successfully to prevent sale of alcohol by the 7-11.  Jayaraman is appealing the Certificate of Occupancy for Andromeda with the Bureau of Zoning Adjustment (BZA) based on its mis-classification of itself as a general business office when it is actually a medical treatment facility.  Yesterday, Krepp emailed DBH to ask for a sit-down with CAG, Andromeda, and ANC Commissioners.  As of last night she had not received a reply.

Asked for reaction to the meeting Monday night, Krepp said her take away was she was concerned about the lack of transparency and the lack of communication between DBH, CAG, and Andromeda.  She said she was surprised to learn that CAG would be seeing up to 50 clients recovering from substance abuse each day.  Jayaraman said that CAG was being “very vague about what it’s going to do on 15^th Street.”  He said he is “extremely concerned about what rational DBH has for locating two facilities providing recovery counseling services within one block of each other.”

Gary Peterson, Chair of the Capitol Hill Restoration Society (CHRS) Zoning Committee, told CHC that the committee had taken a position opposing Andromeda on the grounds that it has been mis-classified as a business office when it is actually a treatment facility and that zoning regulations restrict whatever is done on the site to “neighborhood serving commercial” enterprises.  Petersen said that Andromeda had not made the case that their clients were from the neighborhood and it was his understanding that many of the clients are referred by the courts and Court Services and Offender Supervision Agency (CSOSA).  CHRS will file a letter of opposition with the Bureau of Zoning Adjustment on that basis.

It is not clear whether the same claims will or could be raised against CAG when it applies for certification as a medical facility at it’s new location.

The Board of Zoning Adjustment will hold a hearing on the Jayaraman’s appeal on July 28^th.

The Week Ahead….

by Larry Janezich

Monday, June 13

1. Advisory Neighborhood Commission 6D meets at 7:00pm, 1100 4^th Street SW, 2nd Floor.

Among items on the agenda:

Public Safety Report- First District MPD (PSA 105 & PSA 106) – Sgt. Strassman, Sgt. Ritchie, Lt. Beslow

Status of the SW Duck Pond and Amidon Park, Peter Nohrden, DC DPR

Resolution opposing Bureau of Prison’s 300 bed halfway house on School Street, SW

Due South (Cooperative Agreement Amendment)

Salt Line (Cooperative Agreement for a new CR license)

100 Montaditos new CR license and change from DR to CR license (adding spirits)

Cordial Fine Wines & Spirits.  Protest of Class A liquor store

The Wharf – Update on Pier 4

Spy Museum updates and public space request

2. Community Action Group (CAG). Representatives from the CAG will host a community meeting at 6:00pm, to talk with neighbors regarding issues associated with the construction of the new CAG facility at 15^th and Independence.  The meeting will be held at Holy Comforter Saint Cyprian Catholic Church, 1357 East Capitol Street, SE.

Tuesday, June 14

1. Primary Election Day

2. ANC6B meets at 7:00pm at Hill Center.

Among items on the agenda:

La Lomita Dos, 308 Pennsylvania Avenue SE, Renewal of Class C Restaurant license.

National Democratic Club, 30 Ivy Street SE, Renewal of Class C Club license.

120 6^th Street SE, raze of 2-story carriage house and construction of 2-story carriage house.

624 North Carolina Avenue, SE, partial in-fill of dogleg and 3rd floor addition.

Mr. Henry’s, 601 Pennsylvania Avenue, SE, substantial change in hours.

Ambar, 523 8^th Street, SE, Renewal of Class C Restaurant license.

Tortilla Coast, 400 First Street SE, renewal of Class C Restaurant License.

Ted’s Bulletin, 505 8th Street, SE, Renewal of Class C Restaurant license.

Matchbox, 517 8^th Street, SE, Renewal of Class C Restaurant license.

1237 (Rear) C Street SE, conversion of alley warehouse into residential housing: Sean Ruppert, Blackrock Holdings, LLC.

328 D Street, SE. Application for a special exception not meeting the lot occupancy requirements, the side yard requirements, and the court requirements, to construct a rear addition to an existing one-family dwelling in the CAP/R-4 District.

Bullfrog Bagels, 317 7th Street, SE, sidewalk café.

Insight E Street LLC PUD.  Signature/Bowie redevelopment.

Letter on unresolved issues regarding 7/11 store at 1501 Independence Avenue, SE.

3. PSA 104 meets at 7:00pm, J O Wilson Elementary School, 660 K Street, NE (7^th and K Streets, NE.)

Among items on the agenda:

Introduction of new PSA 104 Manager, Lt. Seth Anderson

Crime Report

Assessment of PSA Problem-Solving in the last 30 days.

MPD PSA 104 Crime Report and Statistics.

DC Attorney General’s report, Rashee Kumar, and US Attorney report, Doug Klein

US CSOSA Report, Michael Bonds

Office of Unified Communications. Questions, and why it’s critical what you say when dialing 911.

Wednesday, June 15

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

Among items on the agenda:

1111 H Street, NE.  Application for variances from the rear yard requirements, the court requirements, the off-street parking requirements, and the HS overlay design requirements, and a special exception from the single-enclosure penthouse requirements, to renovate an existing structure into an apartment building containing up to eight dwelling units with ground-floor retail in the HS-R/C- 2-C District.

1701 H Street, NE.  Update from the developer.  The PUD seeks a land use designation change from the existing C-2-A to C-2-B in order to develop the Property. The property is currently unimproved and the Applicant proposes to construct a mixed-use building with approximately 14,342 square feet of ground-floor retail uses and 180 residential units on nine floors above.  The applicant will also use the PUD process to obtain relief from other requirements of the Zoning Regulations, including the parking, loading and roof structure requirements.

814 H Street, NE.  Application for a special exception from the fast food establishments requirements, to allow the operation of a new fast food establishment in the C-2-A District.

2. History of Congressional Cemetery. Paul K. Williams, President, Historic Congressional Cemetery, will provide a brief history of Congressional Cemetery and speak about the people who are buried there. The talk will address the challenges of operating and maintaining such a large, historically significant, yet also active cemetery – including the continual challenge of raising the funds necessary to cover the Congressional Cemetery’s annual costs.  7:00pm, Congressional Cemetery Chapel.  (From the Cemetery’s main entrance at 1801 E Street, SE, walk along the drive past the gatehouse; the Chapel will be straight ahead.)  The event is free and the public is encouraged to attend.

Thursday, June 16

1. PSA 108 meets at 7:00pm at Liberty Baptist Church, 527 Kentucky Avenue, SE.

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

Off Duty U.S. Capitol Police Officer Allegedly Threatens Elderly Critic of We, The Pizza Restaurant

Chef Spike Mendelsohn – Who Bowser Appointed to Promote Entrepreneurs– Sets Bad Example

by Larry Janezich

Last night, ANC6B Commissioner Jennifer Samolyk told the members of ANC6B’s Alcohol Beverage Control Committee that one of her constituents had called her on May 9th and alleged that his 87 year old uncle had been threatened by an off duty police officer outside of celebrity chef Spike Mendelsohn’s We, The Pizza restaurant.  Both the nephew and alleged victim are well known to Samolyk as neighbors and critics of the Mendelsohn’s family’s operating procedures for three restaurants on the 300 block of Pennsylvania Avenue, SE.

According to the account given by Samolyk, the off-duty officer was coming out of We The Pizza and accosted the elderly man.  The nephew asserted that his uncle, who had never met this officer, felt that he was approached by him in a threatening manner.  According to Samolyk, the officer said, “I’m with the police” and told the man that he knew who he was, and gave his correct name and address and told the man – again, according to Samolyk – that “he made too many calls to 911 and ordered him to stop calling 911.”  Samolyk said that the man felt threatened and was “very upset.”  CHC was unable to reach the either of the complainants, though subsequent developments add credence to the complaint.

Samolyk told the committee that on the day following the call from her constituent, she reached out to the First District MPD for an explanation.  She said, “They were on it, and got back to me saying that they had investigated the incident and that it did not involve MPD but that it was an off duty U.S. Capitol Police Officer – a frequent customer of We, The Pizza.”  She said that she had been assured that the matter had been reported and was being investigated.

Mendelsohn has been in a long running dispute with nearby neighbors over what they say are poor operating conditions in three nearly adjacent restaurants on the 300 block of Pennsylvania Avenue, SE.  The man who claims he was accosted  is a long time nearby resident who has seen his quality of life suffer and his property values fall as his yard and the yards of his neighbors who back up to the restaurants have been overrun by rats.  The Mendelsohn family – who is currently seeking liquor license renewals for the three restaurants – Good Stuff Eatery, We, The Pizza, and Béarnaise – refuse to sign an  Settlement Agreement with ANC6B which would commit them to on-going efforts to ameliorate the rodent infestation.  The Mendelsohns have hired attorney Andrew Kline to appeal to the DC Alcohol Beverage Control Board (ABRA) to give them licenses without having to sign such a Settlement Agreement.  Kline argues that the restrictions the ANC want have nothing to do with serving alcohol, but   restaurants routinely sign Settlement Agreements with the ANC, which limit hours of operation and noise levels and require adherence to best operating practices.

Samolyk, in whose ANC single member district the three restaurants lie, said of Mendelsohn operations, “They’re not nice to their neighbors. I’m upset that the Mayor heralds Spike and appointed him to chair the District’s Food Policy Council. He feels invulnerable and entitled to do what he wants to do.”  One of Mendelsohn’s goals as chair of the council is to “promote the food economy and entrepreneurship”.

ABC Committee Chair Chander Jayaraman, who with Samolyk, has been working to bring the Mendelsohns to the bargaining table, gives credit to the restaurants for the steps they have taken to address trash management and rodent issues, but said that his goal is to put good operating practices into a written agreement and have the restaurateurs commit to maintaining them.  He said their response was, “We’re not going to do it.”

The Mendelsohn’s attorney, Kline, has made a practice of encouraging restauranteurs to retain him to go over the head of the ANC to the Alcohol Beverage Control Board (ABRA) to seek relief from restrictions the local community seeks to place on restaurant operations. See here:  http://bit.ly/1WPEDPy  More often than not, ABRA – like many of its sister city agencies – gives commercial entities the benefit of the doubt in the interests of the greater revenue they bring to city coffers – even if it’s at the expense of the city’s residents.

Regarding the investigation into the US Capitol Police officer’s accosting a private citizen – apparently on behalf of the Mendelsohn family – odds are it will remain a “matter under investigation” indefinitely.  And officials can’t comment on a matter that’s under investigation – or on personnel matters.

As for Kline – who, in addition to the Mendelsohns is also representing Barracks Row’s Ambar, Tortilla Coast on First Street, SE, and Hank’s Oyster Bar on Pennsylvania Avenue, SE, in their applications for liquor license renewals – Mike Debonis reported in the City Paper’s Loose Lips column in 2008:

“But LL’s  got some bad news for the District’s food-and-drink-purveyors: You will likely soon be deprived of Kline’s services.

That’s because he’s gotten himself into some deep legal troubles of his own. Late last month, a hearing panel convened by the D.C. Court of Appeals’ Board of Professional Responsibility—the body charged with adjudicating matters of legal discipline in the District—issued a report finding that Kline violated nearly a dozen rules of professional conduct, including committing criminal forgery and engaging in behavior “involving dishonesty, fraud, deceit, or misrepresentation.”

The board recommends that Kline be suspended from the practice of law for 18 months.”Read the full article here:  http://bit.ly/1TYB712

Kline was subsequently suspended for nine months on March 30, 2010.  On January 13, 2011, the DC Court of Appeals suspended Kline again for three years for negligently misappropriating and commingling  entrusted funds and “committed a significant number of serious ethical violations” representing a client in a litigation matter.

 

Whither Eastern Market?  – City Funds 5 Year Plan and Management Assessment

Move Prompted by Increased Competition

By Larry Janezich

Eastern Market is about to get a lot more competition.  In late 2017, Trader Joe’s – with customer parking – will open up in the Hine project.  This in addition to a new Whole Foods at 600 H Street, NE, opening in late 2016 and another Whole Foods at 800 New Jersey Avenue, SE, opening in 2017 – both with parking.  In addition, the Stanton Eastbanc merchandising and leasing strategy for the Hine project envisions “specialty culinary food purveyors such as a wine and cheese shop, spice shops, chocolates, specialty teas and coffees, and New York deli type retailers.…”  Union Market, with its plentiful parking, numerous specialty food shops and cafes already attracts Capitol Hill customers.

For months, the Eastern Market Community Advisory Committee (EMCAC) has been trying to figure out how to expand the Eastern Market brand to benefit not only the market but also the broader immediate commercial community.  The plan has been pushed by Chuck Burger, on behalf of the brick and mortar retailers on 7^th Street, Pennsylvania Avenue, and Barracks Row.  Burger sits on EMCAC as a representative of CHAMPS – the Capitol Hill version of the Chamber of Commerce.

About a year ago, EMCAC Chair Donna Sheeder went to Eastern Market’s owner – the DC Department of General Services (DGS) – to seek the city’s assistance.   She found a champion in Forest Hayes, the associate director of DGS who offered to provide funds for a study by an outside contractor that would include:

1. A comprehensive building assessment to determine what capital improvements are necessary;
2. Ideas on how to better market the North Hall;
3. Ways to improve the weekday and weekend outdoor Farmers Markets;
4. An examination of the Eastern Market Management structure;
5. Consideration of legislation to allow funds received from market operation to accumulate for the benefit of the Market, rather than being captured by the city and used for other purposes.

Hayes’ proposal for moving the process forward has been controversial.  DGS has unilaterally designated five key stakeholders (DGS, EMCAC, the Deputy Mayor for Economic Development (DMPED), Council Member Charles Allen’s office, and the Brick and Mortar merchants on the 200 and 300 blocks of 7^th Street, SE.  Hayes’ idea is to have a representative from each of these five entities meet to lay out the scope of work for the Request for Proposals (RFP) to solicit potential contractors to do the study.  Once a contractor is selected, he or she would be encouraged to cast a wide net to engage with a much broader stakeholder constituency.  (It is noteworthy that Stanton Development is the largest property owner among the brick and mortar merchants on 7th Street, as well as a minority partner in the Hine development.  It seems a safe bet that Stanton will be represented in any meeting setting the scope of work.)

Hayes’ proposal for moving forward fell short of the expectations of what many on the EMCAC thought was needed.  In a May 26 meeting of EMCAC’s Market Operations Committee called to consider Hayes’ proposal, there was a clear consensus that the stakeholders’ group developing the Scope of Work for the external contractor should be expanded.  Possible additional members suggested include the Chair of EMCAC, representatives from the Farmers Line, Indoor and Outdoor Merchants, and ANC6B.  At its May meeting the Board of Directors of the Capitol Hill Restoration Society agreed that they should be numbered among the stakeholders participating in the initial meeting as well.

Finding consensus on moving the market forward will be difficult, given that the goals of some of the stakeholders are at odds with others.

For example, the inside food merchants and those on the Farmers Line feel that EMCAC and DSG have made Eastern Market a tourist destination, and in the words of Bill Glasgow of Union Meats, “they take up space and don’t buy very much”.  These traditional market merchants feel threatened by the fact they have been operating within the market without leases for some 20 years – for reasons that are unclear.  They are unhappy with the weekend closure of 7^th Street and the subsequent loss of parking, which they say inconveniences their customers and discourages weekend food shopping by those who drive to the market.  These stakeholders feel it will be difficult to design a collaborative sales approach without knowing first what other food retailers end up leasing space in the Hine project.

On the other hand, the outside arts and crafts merchants are happy with making Eastern Market a destination, as is Chuck Burger, who sees a tourist destination as benefiting the brick and mortar shops and restaurants on 7^th Street, Pennsylvania Avenue, and Barracks Row.  Any attempt to reopen 7^th Street to traffic on weekends would work to their disadvantage.

Also, any study of the management of the market will likely revive a plan for a new management structure for Eastern Market.  Former CM Wells introduced legislation for a new market governing structure in 2011, but it died after it ran into opposition from the Mayor’s office.  See here:  http://bit.ly/1U2Lnrh

EMCAC’s Market Operations is preparing a response and recommendations regarding Hayes’ proposal, and EMCAC will consider the report of the Committee at its June 29th meeting.  Rather than provide a forum for a preliminary public discussion of Hayes’ proposal, EMCAC Chair Donna Scheeder cancelled the May 25 EMCAC meeting to give the Market Operations Committee the first crack at hearing from the broader stakeholder community in a smaller venue.

Update:  Burger tells CHC that EMCAC – after hearing rumors of an imminent meeting – wrote Hayes to say ample time is needed for the process to unfold, and that Hayes Hayes concurred.  Sources tell CHC that Hayes is not waiting to hear EMCAC’s response to his proposal and has scheduled a meeting on Thursday, June 9, of the five original stakeholders Hayes called upon to decide the Scope of Work for the RFP soliciting proposals for the Eastern Market study.

Matchbox Abandons Plan to Expand on Barracks Row & Closes DC-3 Hot Dogs

by Larry Janezich

The “For Lease” sign in the window of the former location of Las Placitas on Barracks Row announced Matchbox’s abandonment of the plan to expand into that space.  Las Placitas  lost their lease in 2015 to make way for the expansion; Matchbox had not only begun renovation of the space, but had applied for a liquor license.  A few steps north on Barracks Row, DC-3 Hot Dogs – also owned by Matchbox – sits empty, having closed a few days ago.  The reason for abandoning its roots on Barracks Row is not clear, but it’s likely related to Matchbox’s aggressive plan to expand nationally.  Matchbox Food Group plans to open 36 new restaurants around the country by 2020, as reported May 29 by Rebecca Cooper of WBJ, here:  http://bit.ly/1TSjVua    Matchbox also own Ted’s Bulletin, and the national expansion includes this restaurant as well.  Matchbox Food Group currently operates six Matchox locations and five Ted’s Bulletins.  Matchbox Food Group did not respond to an email asking for comment.

The result of aborted move is two empty restaurant spaces on Barracks Row and leaves the long time community favorite Las Placitas on the other side of the freeway on lower 8^th Street.  (‘Las Plac’s” fortunes have improved recently with the imminent opening of The Brig bier garden across the street.)

CHC first reported the Matchbox takeover of Las Placitas space in May of 2015, here:  http://bit.ly/1OaWK1g

Update:  This morning, Drew Kim, one of the Matchbox owners gave the following comment regarding DC-3 moving and the Matchbox Capitol Hill expansion:

“DC-3 has landed into the Dulles airport in terminal B.  We are excited about growing DC-3 into airport ventures around the country!  As a long time Cap Hill resident, we loved being able to develop the concept to the needs of the community and our neighbors while preparing it for national expansion. 

We have also decided not to expand the capitol hill matchbox.  Initially, when we heard about the space becoming available, we reacted quickly – maybe a bit too quickly!  And, after review, we felt it was best to focus on the national expansion at Pentagon City and Shortpump Richmond.  Both locations will be opening in Q3.  We are also working closely with the landlord to help find a tenant for the location.

Since 2008, when we opened matchbox on Barracks Row the community has been so supportive and we look forward to a long lasting relationship with our neighbors.  We are continuing to evolve the brand and are looking forward to bringing fresh new ideas to matchbox and Ted’s Bulletin for the barracks row community.”

 

The Week Ahead….

by Larry Janezich

Monday, June 6

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

Tuesday, June 7

1. ANC6B Planning and Zoning Committee meets at 7:00pm at St. Coletta’s, 1901 Independence Avenue, SE.

Among items on the agenda:

Informal presentation of revisions to Frager’s site HP conceptual plans.

120 6th Street, SE, raze of 2-story carriage house and construction of 2-story carriage house.

622-624 North Carolina Avenue, SE, partial in-fill of dogleg and 3rd floor addition.

626 E Street, SE, façade alterations to non-contributing 3-story apartment building:

1237 (Rear) C Street, SE, conversion of alley warehouse into residential housing.

328 D Street, SE, Application for a special exception lot occupancy requirements, side yard requirements, and court requirements to allow construction of a rear addition to an existing one-family dwelling in the CAP/R-4 District.

Bullfrog Bagels, 317 7th Street, SE, sidewalk café.

Letter to DGS supporting removal of a tree outside Congressional Cemetery.

Signature/Bowie Development PUD application.  Insight E Street LLC.

2. ANC6C Parks and Events Committee meets at 7:00pm, Kaiser-Permanente Capitol Hill Medical Center 700 2^nd Street, NE.

Agenda not available at press time

Wednesday, June 8

1. ANC6C meets at 7:00pm at Heritage Foundation, 214 Massachusetts Avenue, NE.

Agenda not available at press time

2. ANC6B Transportation Committee meets at 7:00pm, at Hill Center, 921 Pennsylvania Avenue, SE.

Among items on the draft agenda are the following:

Review of DDOT Pennsylvania Avenue, SE, Street Lighting Improvements (tentative)

DDOT Pennsylvania Avenue, SE, Signal Synchronization (tentative)

Thursday, June 9

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

Items on the agenda include:

Presentation:  Office of Unified Communications (OUC) – Karima Holmes, Director

Stipulated endorsement for a request by Dangerously Delicious Pies to increase its seating from 18 to 36.

Letter asking WMATA to complete the Stadium-Armory segment before the beginning of the next school year.

Letter to DDOT requesting a study at the intersection of 19^th and Benning Road, NE, to be combined with the study of 18^th and Benning Road, NE, and also requesting a pedestrian crosswalk on the west side of 19^th Street crossing Benning Road NE.

ANC 6A write a letter to the BZA in support of the application for a special exception from the use requirements to allow conversion of a two-story, one-family dwelling into a three-unit apartment house in the R-4 District at 1121 G Street, NE, with certain restrictions.

Letter to the BZA in support of the application for a variance from the off-street parking requirements to renovate and expand an existing apartment house at 11 15^th Street, NE, the C-2-A District with certain restrictions.

Letter to the BZA in support of the application for variances from the rear yard requirements, the court requirements, the off-street parking requirements and the HS overlay design and a special exception from the single-enclosure penthouse requirements to renovate an existing structure into an apartment building containing up to eight dwelling units with ground-floor retail at 1111 H Street, NE, with certain restrictions.

Proposed letter to City Administrator Rashad Young requesting issuance of DDOT regulations regarding the implementation of resident-only parking restrictions on our residential streets.

2. ANC6B Alcohol Beverage Licensing Committee meets at 7:00pm, at Hill Center

Among items on the agenda:

Mr. Henry’s, 601 Pennsylvania Avenue, SE, substantial change in hours.

Ambar, 523 8^th Street, SE, Renewal of Class C Restaurant license.

Tortilla Coast, 400 First Street SE, withdrawal of protest/renewal of Class C Restaurant License

Ted’s Bulletin, 505 8^th Street SE, Renewal of Class C Restaurant license.

Matchbox, 517 8^th Street, SE, Renewal of Class C Restaurant license.

DC-3, 423 8^th Street, SE, Renewal of Class C Restaurant license.

La Lomita Dos, 308 Pennsylvania Avenue SE, Renewal of Class C Restaurant license.

National Democratic Club, 30 Ivy Street SE, Renewal of Class C Club license.