CAPITOL HILL CORNER

Few Turnout to Comment on CSX Tunnel Environmental Impact Statement

by Larry Janezich

ANC6b held a sparsely attended special call meeting last night to sign off on its response to city and federal officials on the Environmental Impact Statement on the CSX Virginia Avenue Tunnel Reconstruction.  The meeting was held in the spacious People’s Community Church on Barracks Row, with a few hundred seat capacity.  Nevertheless, whether it was the early evening thunderstorm, a sense of resignation, or because something came up, only five residents showed up for the meeting.

Indeed, though the meeting was scheduled at 7:00pm, it was 7:40pm before Commissioner Chander Jayraman showed up to provide the necessary 6-member quorum which allowed the meeting to convene and conduct business.

Once the meeting started, the ANC began considering the draft proposal which had been largely written by Commissioner Phil Peisch.  The letter expressed general support for “Alternative 3 – Two New Tunnels” but listed significant concerns which the ANC wanted to see addressed.  These included repaving/reconstruction of Virginia Avenue north of the freeway; establishment of a complaint resolution process and a community advisory group; assurances of completion in 30-42 months; and more information on potential utility disruptions.

Commissioner Brian Pate expressed his unhappiness that an alternate train route during the construction process had not been given more consideration, and then offered language to request additional information regarding several issues related to the transport of hazardous materials through the tunnels.

Denise Krepp offered commentary from the audience with suggestions on how to improve Pate’s proposed amendment, which Pate incorporated into his amendment.

The final version of that amendment was agreed to, 5 – 1, with Commissioners Flahaven, Jayaraman, Pate, Peisch, and Garrison voting for it and Commissioner Oldenburg opposed.

Audience member Jerry Sroufe, Co-chair of Eastern Market Community Association, expressed his appreciation for the letter and the inclusion of the concerns regarding transport of hazardous materials.

Earlier, Peisch offered an amendment to address the handling of $500,000 in mitigation funds offered by CSX to residents of ANC6B and ANC6D who are affected by the construction.  Peisch’s language clarified that ANC6B could not legally fill this role and urged that CSX find another agency to do it.  That amendment passed 5 – 1, with Commissioners Flahaven, Jayaraman, Pate, Peisch, and Garrison voting for it and Commissioner Oldenburg opposed.

The final letter as amended by the Pate and Peisch Amendments passed 6 – 0.

Commissioner Oldenburg characterized the comments as an opportunity for the community to put final remarks in the record, but said that in reality, they would have little impact unless they could point to substantive errors.

The FEIS and a fact sheet are available at www.virginiaavenuetunnel.com

ANC6B’s (Conditional) Approval for &Pizza on Barracks Row

Can Restaurateur Salis Make It Work?

by Larry Janezich

Last night ANC6B gave conditional approval to a Barracks Row & Pizza planned for 405 8th Street, SE, the current site of OXXO Cleaners.  The vote came on a motion by Chair Brian Flahaven to support an exception to the ban on fast food on 8^th Street on the condition that the restaurant owner agree to some of the strictest standards (according to & Pizza legal counsel) on noise, odors and trash ever asked of a restaurant, as well as a time limit of seven years on the exception.  The owner would have to reapply for a continuation after that time.  The vote was 6 to 4, with Commissioners Flahaven, Campbell, Frishberg, Opkins, Pate and Jayararman voting in the affirmative.  Commissioners Peisch, Loveland, Garrison and Oldenburg opposed the motion.

The approval came after an impasse had developed; the ANC had voted down motions to approve the request for a special exception with a ten year limit and to disapprove the request in its entirety.

& Pizza argued that the ANC was faced with the choice of voting for approval of a tightly regulated fast food restaurant or a restaurant which would likely be installed as a matter of right which would not be subject to tight regulations.  The compromise time limit of 7 years on the exception – as enforcement leverage on the conditions attached to the approval – was enough to tip the balance.

The main argument of the opponents, led by Commissioner Phil Peisch, was that the block could not afford another fast food restaurant.  Today, Commissioner Oldenburg posted on her beat26 blog, “In my view, this block is lost.  Time to accept it as; I suppose some may label it vibrant.”

Objecting to the 7 year limit & Pizza owner Steve Salis cited the considerable expense involved in opening up on Barracks Row and said that a 10 year limit would work for him in terms of running a profitable operation.  He went on to say, “This is a challenge…it puts me in a difficult position…I ask the ANC give consideration to my needs.”  In response Commissioner Ivan Frishberg told Salis that the problem was not the ANC, but the rent he was being required to pay, which Frishberg called “among the highest in the city….absurdly high.  The landlord is putting you and the community in this position.”  The building is owned by Maurice Kreindler who owns several buildings on the block, both on 8th Street and D Street, including the building housing Radio Shack and FedEx.

Before the votes, & Pizza legal counsel Allison Prince told the ANC that &Pizza had successfully concluded  negotiations with two of the restaurant’s closest residential neighbors on noise, odors and trash control and that building owner Maurice Kreindler had agreed to limit the special exception to 10 years rather than the 20 years originally sought.

Nearby neighbor Linda Elliott, who Prince had referenced as one of the neighbors involved in negotiations, told the ANC that the agreement reached should not be interpreted as support for the fast food venue, but rather as the neighbors’ fallback position in case the ANC approved the special exception.

Most ANC6B Commissioners Will Not Seek Re-election This Fall

by Larry Janezich

Six of the current ANC6B Commissioners will not seek re-election this fall.  Those who are retiring include Vice Chair Ivan Frishberg, Treasurer Brian Pate, Secretary Nicole Opkins, Parliamentarian Phil Peisch, ABC Committee Chair Sara Loveland, and long-time commissioner Dave Garrison.

Those who have announced they will seek re-election include Chair Brian Flahaven, Transportation Committee Chair Kirsten Oldenburg, and Commissioner Chander Jayaraman.

Planning and Zoning Committee Chair Francis Campbell told CHC he has not made up his mind yet but is leaning towards running.

Frishberg and Pate, were both elected in 2010 as part of an effort to reform the operation of ANC6B.  Sunday night, Frishberg emailed his decision not to seek re-election to his constituents.

“I wanted to write and let you know that after almost four years on the ANC, I have decided not to seek reelection this November.  I have been honored to represent and serve our incredible neighborhood. And while I will certainly find other ways to serve, it is time for me to move on from the role of ANC Commissioner…I have been incredibly fortunate to be able to work with so many of you and to be involved with some of the key issues that impact our neighborhood. The ANC is a pretty incredible opportunity we have to engage in local government. My experience since being elected in 2010 has given me a greater appreciation for both the value of this hyper-local level of government and of the contributions of so many in our neighborhood to making the Eastern Market neighborhood so strong and so important to its residents.”

Pate announced his decision today:  “I’ve informally shared with several people that I will not seek reelection in November. Serving as an ANC Commissioner has been a great privilege and deeply rewarding experience. I’ve learned so much about our community and the great people who live here – I’m proud to call you my neighbors. But serving on the ANC, doing it well, takes a great deal of time and commitment. Four years is the right amount of time to serve.  I have a long punch list of projects to complete or position for success in the six remaining months of the term, and look forward to working with all of you to “get ’em done.” Beyond that, I’ll certainly remain involved in the neighborhood, hopefully in a purely philanthropic capacity.”

Today, July 7^th, petitions for getting on the ballot this fall became available at the DC Board of Elections, 441 4th Street, NW, Suite 250 North.  Twenty-five signatures of registered voters in an ANC Single Member District are necessary to place a candidate’s name on the ballot.  A map of ANC6B Single Member Districts is available here:  http://www.anc6b.org/?page_id=20

 

The Week Ahead….

by Larry Janezich

Monday, July 7

ANC6C ABC Committee is scheduled to meet at 7:00pm in Kaiser Permanente Capitol Hill Medical Center, 700 Second Street NE.   The agenda was not available at press time.

Monday, July 7

CHRS Historical Preservation Committee meets at 6:30pm in Kirby House, 420 10^th Street, SE.  The agenda unavailable at press time.

Tuesday, July 8

ANC6B meets at 7:00pm in Hill Center.

Among the items on the agenda:

Historic Preservation application for 317 7th Street SE, two-story rear addition (This is the former Sheehy House for which the developers (317 7th Street Associates) apparently anticipate finding a restaurant-tenant.  This item appears to have been moved to the consent calendar – meaning it is scheduled to be passed without objection or debate at the beginning of the meeting.)   Editor’s note:  The original posting reflects an error occasioned by a misreading of the ANC6B agenda.  Commissioner Ivan Frishberg has corrected the record as follows:

“The case has been pushed by HPRB until September and I think the most recent agenda reflects this.  It was never going to be considered for the consent agenda…Naturally there would be a high degree of outrage if this case went forward on consent after the action we took in committee, so an error like this has some consequences.  This case is under regular order at item #7 with the rest of the PNZ agenda and it even notes the HPRB decision to postpone until September.  The published agenda notes we will spend some time on this.” 

Capitol Hill Corner regrets the error. 

Historic Preservation application for 900 11th Street SE, concept/new construction: Madison Investments & PGN Architects.  (This is the new 49 unit residential building at the above address.)

Zoning variance request for 1301 Pennsylvania Avenue, SE, allow renovation and expansion of existing office/retail building.  (This the Douglas Development project in which Ari Gejedenson hopes to open a specialty food shop and restaurant).

Letter to Metropolitan Police Department on proposed traffic camera for 8th & D Streets, SE.

(Consideration of &Pizza request for zoning relief and special exception to fast food ban has been deferred until the September meeting.)

Resolution on proposed elimination of Metrobus 30s Line stops on Pennsylvania Avenue, SE.  Letter to Department of General Services requesting a market study in support of Eastern Market business planning efforts.

Wednesday, July 9

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

Among items on the agenda:

237 2nd Street, NW, Alibi restaurant, application for sidewalk café.

Issues with delivery trucks for Giant supermarket using 3rd Street, NE, instead of designated truck routes.

538 3rd Street, NE, zoning variance to allow conversion of a grocery store into a four-unit apartment.

Discussion of NPS triangle parks.

Playable Arts DC – New park coming to the Metropolitan Branch Trail between L & M Streets,  NE.

 

Thursday, July 10

CSX Tunnel – ANC6B has scheduled a special call meeting at 7:00 PM at the National Community Church, 535 8th Street, SE, to consider comments on the Federal Highway Administration’s and the District Department of Transportation’s Final Environmental Impact Statement for the proposed reconstruction of the Virginia Avenue Tunnel.

The Federal Highway Administration and the District Department of Transportation’s Final Environmental Impact Statement for the proposed reconstruction of the Virginia Avenue Tunnel  incorporates feedback from the community and identifies “Alternative 3 – Two New Tunnels” as the Preferred Alternative for construction. The FEIS and a fact sheet are available at www.virginiaavenuetunnel.com

Thursday, July 10

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

Among items on the agenda:

Report on RL Christian Library Development.

Request by Smith Commons at 1245 H Street NE for a summer garden endorsement.

Request for a Restaurant License for The Pursuit at 1421 H Street, NE.

Thursday, July 10

PSA 107 will meet at 7:00pm in Southeast Library.

 Saturday, July 12

Friends of Southeast Library hold a book sale from 10:00am until 3:00pm at Southeast Library.

 

DDOT Fails to Act on ANC6B Parking Issue Affecting Eastern Market Area Parking

ANC Commissioners Lambaste DDOT Reticence

by Larry Janezich

Wednesday night, ANC6B Commissioners Ivan Frishberg and Dave Garrison took Evian Patterson, Citywide Program Manager, DDOT, to task for his Department’s failure to act on ANC6B’s request to extend the city’s Performance Parking program north of Pennsylvania Avenue, SE.

Patterson appeared before ANC6B’s Transportation Committee last Wednesday night to continue a discussion about protecting resident parking in the near term during demolition and construction of the Hine Project and to explain why DDOT has failed to act on extending the Performance Parking Plan.

Regarding the former, once the Hine project gets underway, it will exacerbate the already serious weekend parking problems for Eastern Market patrons and vendors as well as residents in the surrounding area.  ANC6B has been working with DDOT to get ahead of the problem and that effort continues. Regarding the latter, ANC6B’s effort to address the larger issue of parking around Eastern Market and other congested areas north of Pennsylvania Avenue all the way to East Capitol has been stonewalled by DDOT.  Patterson told the committee that “there is no basis in law for expanding the resident only parking,” and that a policy was being developed.

An annoyed Frishberg told Patterson that the ANC has been trying to get action on this issue for the past 3 and a half years and it has been a “comedy of errors…DDOT has forgotten the ANC…you can’t get this done because you are so caught up in the tools of implementation.”

Commissioner Garrison agreed with Frishberg, saying he was puzzled by an assertion by Patterson that “resident only parking would not solve the issue of overnight parking for residents,” saying the ANC had never raised that issue.  He asked Patterson directly where the Department was on policy.

Patterson said he didn’t make policy, but he has to implement it.  Frishberg pointed out that there is no policy – that by Patterson’s own admission, it is in the process of being developed.  Patterson said he would “ask permission to send you the draft policy,” and went on to say that  the policy doesn’t address the Eastern Market issue.

Frishberg told him, “You don’t have a policy – policy is not the law – you are saying ‘no’ to us on the basis of a policy which doesn’t exist.”  Garrison addressed Patterson, saying, “In this particular geography, you have the authority – I’m confident of that – you made a similar decision around the ball park and you can make it now.  The policy is that DDOT is not going to expand the resident only parking and we don’t understand the basis for this.  It is in your discretion to expand north of Pennsylvania Avenue, and it’s not clear why you’re not.

Patterson said he would go back and find out.

Reached later by CHC to ask his timeline for reporting to the ANC, Patterson responded by email:  “Unfortunately I do not have a timeframe.  This is a matter that I would like to engage legal counsel on and would request the ANC’s consideration for the time to obtain the information.”

DDOT has been the bad boy of the city agencies.  Both ANC6B and ANC6A have expressed frustration numerous times with DDOT’s operations.

CHC has filed 10 stories on this issue since March 10, 2011.  To see all of them, enter Performance Parking” in the search prompt on the home page.  To see the most recent, filed almost exactly one year ago, go here:  http://bit.ly/1jWUZ2T

Editor’s Note:  An earlier version of this posting did not make clear that Pattereson discussed two separate, though related issues with the Transportation Committee.  CHC thanks Commissioner Oldenburg for her clarification in the comment’s section.  

DC Police Shut Down Lincoln Park Firework Celebration

by Larry Janezich

Last night at about 10:10pm, a half dozen MPD officers from the First District closed down a DIY firework celebration in Lincoln Park, citing numerous complaints from neighbors.  Police confiscated several bags of fireworks which they said were illegal.

According to one participant, the informal neighborhood July 4th celebration has been a community tradition for more than 20 years.  It was unclear whether the move was a part of a larger crackdown on fireworks in the city, but police on the scene said that similar celebrations “all over the city” were being shut down tonight, not just Lincoln Park.

The fireworks started around 9:00pm, with standard fare widely available at licensed firework stands.  As the evening progressed, larger fireworks which may have been responsible for complaints began to be set off.  According to a recent WRC-TV news report, “In general, any fireworks or firecrackers that explode — such as cherry bombs, roman candles, or floral shells — are illegal.”  Some of the fireworks set off last night seemed to fall in that category.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DC Restaurateur Hopes To Open Specialty Market/Restaurant at 13th and PA Avenue, SE

by Larry Janezich

DC restaurateur Ari Gejdenson wants to open a ground floor specialty food market – items generally unavailable elsewhere, but which will complement shopping at nearby Harris Teeter – and a restaurant at 1301 Pennsylvania Avenue, SE.

Gejdenson, owner of Mindful Restaurant Group, which includes Acqua al 2 (where he is the chef), Ghibellina in Logan Circle; and Harold Black – the speakeasy above Acqua al 2 – is talking to the building’s owner, Douglas Development, about the project.

Currently, only the ground floor is zoned commercial.  The development company has applied for a revised zoning variance to allow commercial zoning, renovation and expansion of the building’s second and third floors.  Once zoning relief is granted, Gejdenson hopes to negotiate a lease with Douglas.

Asked for comment, Gejdenson said he has enjoyed being on Capitol Hill, and “hopefully, we can get these landlords to work with us.” Gejdenson is set to open a liquor bar in another Douglas Development building at 600 F Street NW, in late summer or early fall.  The bar, Denson’s (a play on Gejdenson’s last name), will feature a drink menu heavy on scotch and craft beer and a limited food menu.

If brought to fruition, the Pennsylvania Avenue project would be a welcome addition to a developing section of Pennsylvania Avenue, SE, where several residential projects catering to singles and couples are in the works.  Douglas Development is also behind the large commercial

building at 15th and Pennsylvania Avenue, SE.

Tuesday night, ANC6B’s Planning and Zoning Committee voted to support the zoning variance, 10 – 0, forwarding the matter to the full ANC at its monthly meeting next Tuesday.  Douglas Development bought the building at auction a year ago and has run into unexpected construction issues, increasing construction costs considerably.  Originally, it was slated to become an office building by matter of right, requiring no zoning changes.

Gejdenson grew up on Capitol Hill and played international soccer in Florence, Italy, where he opened his first restaurant which served American food.   He opened Acqua al 2, across from Eastern Market, in 2010.

 

 

Images of Madison Investments’ Proposed 49 Unit Residential Project at 11^th and I Streets, SE

by Larry Janezich

Tuesday night, Sia Madani of Madison Investments and Architect Jeff Goins of PGN Architects revealed renderings of Madison’s new matter of right residential building planned for 900 11^th Street, SE.   The presentation was in support of a Historic Preservation (HP) application for new construction of a 49 unit residential building at the site, a block north of the Southeast – Southwest Freeway at 11th Street, SE.

Moving against the current development trend of building units to accommodate a transient life style skewed toward young couples and singles, Madison plans units which will average 870 square feet – with 40 to 50% of them aimed at a two-bedroom family lifestyle market. Ten percent of the units (4 – 6) will fall in the affordable category, under inclusionary zoning requirements.   The project will provide 7 street level parking spaces, and additional 23 spaces in a partly underground garage, and 26 bike spaces.  Pricing for the units has not yet been determined.

For the most part, the ANC liked what it saw regarding the HP application, the only quibble being raised by Commissioner Garrison, who commented that “the building does not speak to me as residential – it doesn’t have the feel of residential.”  Goins replied that PGN Architects is still making modifications to the design to take neighborhood concerns into consideration.

The Committee agreed to support the HP Application, 9 – 0 – 1, forwarding its endorsement to the full ANC6B which will next meet on July 15.

For more on this project, see the CHC post here: http://bit.ly/1n5MjJn

 

Historic Townhouse/Frame Shop Near Eastern Market Likely To House New Restaurant

by Larry Janezich

Last night, at ANC6B’s Planning and Zoning Committee meeting, Capitol Hill developer Ken Golding presented plans to re-develop the Sheehy house at 317 7^th Street, SE, across the street from the Hine Project.  The plans propose turning the former frame shop and residence into a restaurant, though Golding expressed hope that a retail client could be found.  Given the likely rent for a small property in that prime location, the odds would seem to favor a restaurant as a likely occupant and Golding admitted as much, saying “there are not as many retailers as there used to be.”  Golding presented the planned changes in connection with a Historic Preservation Application which he hopes to take before the Historic Preservation Review Board at its next meeting.

The plans call for demolishing the single story structure at the rear of the building, adding a two story attachment with a new emergency exit stairway in back, and replacing windows and second story French doors on the 7^th Street façade.  Golding, a partner in Stanton Development which is developing the Hine project, was representing a new entity developing the Sheehy house – 317 7^th Street LLC – comprised of himself and his two sons.  Stanton Development owns numerous properties on the block, including several fronting Pennsylvania Avenue.

Commissioner Ivan Frishberg said he had no problem with the Historic Preservation request, but raised concerns regarding the lack of an enclosed trash facility, citing the burgeoning rat and rodent problem plaguing neighborhoods which have restaurants.  Commissioner Dave Garrison urged Golding to anticipate problems and deal with them in advance, emphasizing that rats are a huge problem in the neighborhood.  He noted, “Residents back up on the alley – they will be all over you like a blanket.”

The Historic Preservation application was a late-breaking item placed on the committee’s agenda after the ANC’s Executive Committee meeting on June 24.  Commissioner Brian Flahaven said that this was the result of the Historic Preservation Review Board (HPRB) notifying the ANC of the Historic Preservation application after the Executive Committee had met, and that consideration on short notice was necessary to allow the application to be come before HPRB at its next meeting.

While the addition of a late breaking item to the agenda is not unusual, the fact that this project is in the middle of one of Capitol Hill’s most important retail corridors and that it could appear on the ANC’s agenda on short notice means that ANC review will take place with limited neighborhood input. Indeed, in contrast to homeowners for whom historic preservation applications require extensive documentation and consultation with neighbors, the ANC Commissioners posed no questions regarding neighborhood review to Golding.  In response to a question regarding opportunities for community input last night, Frishberg suggested that local media could publicize the project before the ANC6B meeting next Tuesday. To that end, the developer initially agreed to forward digital plans to Capitol Hill Corner (the plans are a matter of public record once they are submitted to the ANC – as they were last night).  Subsequently, the developer informed CHC that “we are doing some tweaks to the plans in line with comments (at the meeting) and will have something by middle of next week.”  CHC took this to mean the plans would be shared after the ANC6B meeting next Tuesday and obtained a copy of the provisional plans submitted last night.

The committee voted 10 – 0 to take “no position,” referring the application to the full ANC without recommendation.  Frishberg urged the developer to consider all options regarding a trash enclosure and to work with the Department of Health and the BZA toward that end.

The Sheehy house came on the market listed at $875,000 this spring.  The listing agent was Kitty Kaupp of Coldwell Bankers and Stanton Development.  Since 1967, it had been “The Frame Up” – the studio, shop, art gallery, and home of prolific artist Richard Sheehy.  Sheehy died in February, 2014.