October 3, 2013 · 7:36 pm

Barracks Row Starbucks Removes Sidewalk Café

Gone!

Gone!

Barracks Row Starbucks Removes Sidewalk Café

by Larry Janezich

Yesterday, Starbuck on Barracks Row removed the tables, umbrellas, and chairs which formerly occupied the space in front of the coffee shop.  When asked why, an employee said, “Oh, they took them away for the winter.”

A better bet is that the seating attracted a large contingent of semi-permanent non-customers – some waiting for the buses which stop in front of the shop and some just waiting.

The action comes in the wake of comments made to the ANC6b ABC Committee last August 29th by Matchbox Food Group vice president Fred Herrmann.  Herrmann cited several issues troubling Barracks Row restaurateurs and merchants, including “panhandling” in front of Starbucks and 7-11, the unsafe condition of the sidewalks – particularly the uneven surfaces presented by the one foot square pieces of slate which augment the herringbone brick sidewalks – and lastly, the conditions in the alley backing up to 7th Street between E and G Streets, SE.   See CHC’s report on the latter issue below.

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October 3, 2013 · 9:38 am

Barracks Row Neighbors Mobilize Against “Out of Control” Alley

The Seamier Side of the Barracks Row Restaurants Backing Up to 7th Street

The Seamier Side of the Barracks Row Restaurants Backing Up to 7th Street

7th Street Alley Between E and F Streets, SE, on October 2, 2013, looking South

7th Street Alley Between E and F Streets, SE, on October 2, 2013, Looking South

7th Street Alley Between E and F Streets, SE, October 2, Looking North

7th Street Alley Between E and F Streets, SE, October 2, 2013, Looking North

Barracks Row Neighbors Mobilize Against “Out of Control” Alley

ANC Commissioner Asked to Broker Meeting with Restaurateurs, City

by Larry Janezich

Barracks Row neighbors along 7th Street, backing up to the alley which services numerous popular Barracks Row restaurants between E and G Streets, including The Chesapeake Room, Ted’s Bulletin, Fusion Grill, Las Placitas, Matchbox, Ambar, Cava, and Lavagna, are asking ANC6B  Commissioner Phil Peisch to organize a meeting including restaurant owners, 7th Street neighbors, and city officials, to address the deplorable and unsanitary conditions of their common alley.

Both residents and restaurateurs are unhappy with the alley.  On August 29, Matchbox Food Group vice president Fred Herrmann told ANC6b’s ABC Committee during a liquor license renewal hearing, that much of the problem stems from the surfacing of the alley itself which collects stagnant water.  He cited problems with rats, grease and odors, saying “it stinks.”  Hermann said he had asked the DC Restaurant Association to intercede with the city to address the problem.

Nevertheless, two weeks after Herrmann’s appearance before the ANC Committee, an investigation by the city’s Environmental Crimes Unit prompted by a complaint regarding a grease spill in the alley resulted in a fine to Fusion Grill and a warning to every other restaurant in the block; all of them had grease containers not up to code and were an attractant to rodents.

The idea for a summit grew out of a suggestion from a city inspector who offered to make herself available on any of six days between October 21 and 31 to meet with all of the restaurant owners on the alley to review with them, as a group, what they need to do to comply with city code.  Neighbors subsequently appealed to ANC6b commissioner Phil Peisch to organize such a meeting, in hopes that a unified approach to the problems and a demonstration of cooperation from restaurants plus input from the Restaurant Association will spur the city to resurface the alley and resolve the drainage problems.

Contacted for his reaction yesterday, Peisch said, “I just heard about this idea a few hours ago, but I think it’s a great idea.  The alley behind the west side of the 500 block of 8th Street SE is out of control, and the restaurants that use that alley need to take ownership of the problem.  I think a meeting with the restaurants is a step in that direction.  In addition, DDOT needs to step-up and fix the condition of the alley.  The alley is not designed to withstand the large commercial vehicles that use it, and it is riddled with potholes.  The potholes create standing water – and also fill with grease and run-off from the dumpsters – which exacerbates the rodent problem.  I’ve been reaching out to DDOT since July about this issue and, although they’ve finally committed to repaving, they’ve provided no timetable for when that repaving may occur or any further detail about what they plan to do.”

Asked how he intended to proceed, Peisch said he was “not sure about logistics for setting up the meeting.”  He also said, the “timetable for getting this situation resolved is asap, but (realistically) I expect this to be a long-term effort to really get the meaningful changes that are necessary.”

Alley surfacing aside, there are other issues which need to be addressed – primarily by the restaurants.  The most critical problems, in addition to alley surface and draining according to one neighbor who has devoted considerable time and effort to identifying the main alley issues:

  • Food waste dumpsters are not being closed
  • Many restaurants do not have inside garbage storage (Krazy Burger and Rose’s Luxury do have inside garbage storage)
  • Restaurants do not all use compacting dumpsters

Below is a contact list for government agencies for complaints about specific outside rat, trash, and food safety issues which being circulated among 7th Street neighbors.

OUTSIDE RAT AND TRASH ISSUES

Mr. Gabriel Curtis, Supervisory Pest Controller for the Rodent Control Division, Department of Public Works, 202 724-8540 gabriel.curtis@dc.gov

USED GREASE ISSUES

Ms. Anita Chavis, Environmental Crimes Investigator, Department of Public Works,

202 576-9404, Office: 202 645-7190 anita.chavis@dc.gov

FOOD SAFETY (Trash, rats, grease, stagnant water, etc., that may be affecting the safety of the food inside an establishment)

Ms. Jacqueline Coleman Supervisory Sanitarian, Food Safety and Hygiene Inspection Services Division, Department of Health, 202 442-5928 jacqueline.coleman@dc.gov

Lenard Harrison, Supervisory Code Enforcement Inspector with the Department of  Health, 202 442-5864 Lenard.harrison@dc.gov

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October 2, 2013 · 12:36 pm

Rose’s Luxury on Barracks Row Opens for Dinner at 5:30 Today – Photos & Menu

Dining Room, Rose's Luxury

Dining Room, Rose’s Luxury

As You Enter Rose's

As You Enter Rose’s

Rose's Upstairs Bar

Rose’s Upstairs Bar

The Roof Top Rear Deck and Herb Garden Will Offer Seating in the Near Future

The Roof Top Rear Deck and Herb Garden Will Offer Seating in the Near Future

Cocktail Menu

Cocktail Menu

Wine List

Wine List

 

The Menu

The Menu

Rose's Luxury, 717 8th Street, SE

Rose’s Luxury, 717 8th Street, SE

Rose’s Luxury on Barracks Row Opens for Dinner at 5:30 Today

by Larry Janezich

Rose’s Luxury, the family-style no-reservations restaurant named after chef Aaron Silverman’s grandmother will open today at 5:30pm.  According to their website at http://rosesluxury.com/ for every meal eaten at Rose’s the restaurant will donate .25 cents to WFP-USA to help feed a hungry child around the world.  Rose’s is located across from the Marine Barracks at 717 8th Street, SE.  It is open Monday – Thursday 5:30 – 10pm and Friday & Saturday 5:30 – 11pm

Food & drink available at the bar until 1am on Friday and Saturday.  Closed Sunday.

 

 

 

 

 

 

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October 1, 2013 · 7:54 pm

Lavagna To Donate 25% of This Thursday’s Sales To Children’s National Medical Center

Lavagna To Donate 25% of This Thursday’s Sales To Children’s National Medical Center

Barracks Row’s Lavagna Italian Restaurant is generously donating 25% of all sales to the hospital ahead of the Children’s National Medical Center 5k this weekend.  The hospital helps upwards of 360,000 children each year by providing world-class medical care and they never turn a family away for inability to pay.

Lavagna is located at 539 8th Street, SE.  View their menu here:  http://www.lavagnadc.com/

(Note that Lavagna’s serves gluten free pasta upon request)

CNMC 5K Timed Run/Walk

The inaugural 5K run/walk will begin and end at Freedom Plaza (Pennsylvania Avenue at 13th Street, NW). Known as “America’s Main Street,” Freedom Plaza joins the White House, the United States Capitol, and the National Mall. The course will offer gorgeous views of our nation’s capital. The site has been the center of the social and political life in Washington DC since it first opened in 1818. It is the ideal venue for families to gather to celebrate the legacy and ongoing mission of Children’s National, which has been serving the nation’s children since 1870.

Fees

Race                            Before July 1   Before Sept 19           Sept 19 – Oct 3

5K Run/Walk                   $25                        $30                             $45

100-Yard Kids’ Dash       $10                       $10                             $10

 *Please note, you MUST register in advance. Due to permitting regulations, on-site registration will not be available.

All registrations are non-refundable and non-transferable.

Race Premium

All participants will receive a race t-shirt at packet pick-up.

More info:  http://bit.ly/151yQw3

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September 29, 2013 · 6:49 pm

The Week Ahead…..

The Week Ahead…..

by Larry Janezich

September 30, Monday

Parking lot at Hine School Closed while crane removes Verizon antenna atop the building.

October 1, Tuesday

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

Agenda items include two Historic Preservation Applications (residence modifications), four requests for zoning adjustments for residences, a briefing on the Komen 3-Day walk starting October 11, a letter to the Marine Barracks regarding an environmental impact meeting last week, and an update on the Zoning Regulations Rewrite.

October 2, Wednesday

ANC6B Transportation Committee will meet at Hill Center.  Agenda items include an update on the Expansion on Performance Based Parking North of Pennsylvania Avenue, SE; update on the Visitor Parking Pass System for Fiscal Year 2014, update on Status of 6B Requests for Expenditures of PBP Funds in FY 2013, follow up on FY 2013 Requests for Sidewalk Repairs, discussion on Parking Enforcement with Mr. Moore of Department of Public Works’ Parking Enforcement Management Administration

October 3, Thursday

ANC6B ABC Committee meets at 7:00pm in Hill Center.  Agenda items include requests for liquor license renewals for The Capitol Lounge, Tune Inn, Li’L Pub, Wisdom; new licenses for Sushi Capitol at 325 Pennsylvania Avenue, SE; and an ABRA-requested modification to the Settlement Agreement for Matchbox.

October 5, Friday

10th Anniversary Party for the Yume Tree, noon until 2:00pm, at the 12th Street CVS across from Watkins Elementary School, featuring a dedication by CM Tommy Wells, entertainment from the Singing Lizard & the 21 Gessford Court Players, party food, cake.  Visit CornerStoreArts.org for more information. 

October 6, Sunday

The first annual Rosedale Library Friends “Books and a Bite Sale” 1 to 4 pm, 1701 Gales Street, NE.   Books for all ages, baked goods, and even some photographs – to benefit Rosedale library.  If you have books to donate – especially clean, unmarked books for children and teens, novels, sci-fi, history, and cookbooks – please email friendsoftherosedalelibrary@gmail.com or call 571-213-1630.  (Please do NOT bring the books to the library before the sale, they have no storage space. No magazines, case or textbooks, outdated computer books or pamphlets.)

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September 26, 2013 · 3:58 pm

Hine Has Its Day In Court

Plaintiff's Attorney Oliver Hall

Plaintiff’s Attorney Oliver Hall

Developer's Attorney, Vincent Policy

Developer’s Attorney, Vincent Policy

Stanton East Banc Representatives

Stanton East Banc Representatives

Hine Has Its Day In Court

Court Hears Appeal of DC Zoning Commission Ruling

by Larry Janezich

A three member DC Court of Appeals heard arguments in the appeal of the Zoning Commission’s (ZC) decision approving the Hine development this morning.  Some 25 Capitol Hill residents attended the hearing.

The plaintiff’s attorney, Oliver Hall, argued that the ZC had violated its charter in three instances:  when it permitted Stanton/Eastbanc (SEB) to rely on documents that it did not submit to the Commission or make available in the public record; when ZC failed to issue a specific finding that the 94.5 foot height was appropriate for the Historic District; and when it failed to ensure that the project’s affordable housing met Inclusionary Zoning requirements.  The issue, Hall summarized, hinged on a question of fundamental fairness.

With respect to the failure to submit documents, Hall asserted that this kept from the ZC the knowledge that community benefits and amenities cited by SEB, specifically $50,000 for Metro Plaza improvements and $75,000 for a playground, were in fact paid for by taxpayers – a fact discovered only after the plaintiffs received some of the withheld documents in response to a Freedom of Information Act request.  The ZC is required to determine whether the benefits and amenities balance the developer’s request for zoning relief and Hall called the ZC finding that it did “misleading if not false.”

Hall also said that the ZC gave “great weight” to the ANC opinion, and had the ANC commissioners who voted for a positive recommendation known that the developer would be reimbursed by the city, they might not have supported the PUD request.

As was reported earlier on Capitol Hill Corner, a divided ANC narrowly endorsed the Hine Project on June 12, 2012, by a vote of 6-4.  During the debate on the measure, four Commissioners specifically cited the benefits package as one reason for their support, one going so far as to say that it was a determining factor in her support.  Hine Subcommittee Chair and benefit package negotiator Ivan Frishberg supported the benefits package stating that the process had not been ideal, but had been dictated by what the city did.  “DMPED [Deputy Mayor for Planning and Economic Development) got a great deal for city – not so great for neighbors.”  He said he still believed this will be “a benefit to the community and the benefits package is fair and more productive than others I’ve seen.”  Subcommittee Vice Chair Brian Pate supported the deal saying, “I’ll stand by the benefits package and continue to work to mitigate the impact of the development on the community.”  Commissioner Brian Flahaven, also a supporter, said the benefits package was a good balance between the interests of the neighbors and the interests of Capitol Hill.  Commissioner Kirsten Oldenberg said she had been disappointed in the initial benefits package unveiled the previous week, but as revised by the additional concessions, she could support it.  A nay vote by any of these commissioners would have killed the ANC endorsement, which was in turn relied upon heavily by the Zoning Commission in its ruling.

In court today, the judges questioned SEB attorney Vincent Policy regarding the payments for benefits.  Policy first said it was comparable to the West End Library case, and when the court seemed unconvinced, Policy said it was the deal cut by the city and the question of the source of the funding was not before the ZC.  Further, he said, “If it was so important, petitioners should have raised it before.”

With respect to the affordable housing, Hall said the ZC had made no finding that the development met the Inclusionary Zoning requirement that 8% of the gross square footage of the development must be dedicated to affordable housing for the life of the project.  He said that according to the plaintiff’s calculations, the affordable housing “falls far short of that.”

The court raised the issue of whether the neighbors had standing to raise the question, and also whether the question of the square footage devoted to affordable housing had been specifically raised before the ZC.  Hall replied that the neighbors did have standing in so far as segregated housing (the bulk of the affordable units will be separate from the main project) affected the character of an integrated neighborhood.  He added that while the square footage point might not have been specifically raised before the ZC, the overall question of affordable housing had been.  Although the court suggested that poorly delivered affordable housing represented a generalized harm and not a specific injury that would constitute standing, the question raised by the court, and the answer supplied by Hall, begged a larger question:  if the neighbors did not have standing, who would have standing to appeal Zoning Commission findings—or lack thereof—on the subject of affordable housing.

Also left unclear in the subsequent discussion was the central question about what happens to the affordable housing after 40 years when the units become market value units, though the fact that the parcel on which the units sit was sold outright to SEB seems to indicate they would have some standing to claim ownership.  Hall said the only fair reading of the closing documents is that after 40 years the Inclusionary Zoning requirements expire and “we are left to speculate what will happen.  No guarantee.”

Opposing attorney Vincent Policy was questioned on whether there was sufficient square footage devoted to affordable housing and said in response that the ZC determined that the affordable housing was a public amenity and that the Inclusionary Zoning issue was not before them because of an exemption granted by the Zoning Administrator.  Asked who would make the Inclusionary Zoning requirement binding after 40 years, Policy replied, “the Zoning Administrator.”  With respect to the square footage issue, Policy said, “If the ZC doesn’t know, I’m dumbfounded.”  He went on to assert that the exemption makes the square footage requirement irrelevant.  He said that the ZC was aware of the space devoted to affordable housing but “chose to express it [its calculation] in a different way.”   At that point, the court sharply corrected Policy, saying “You chose to express it in a different way,” underlining the reliance of the ZC on the developer to provide much of the language in the actual zoning order.  Policy replied that the number of units exceeded the Inclusionary Zoning requirement and the Zoning Commission found that the developer exceeded the requirement, not only complied with it.

Hall rebutted saying even exempted projects must set aside same square footage for affordable housing for the life of project and added, “Our calculations show square footage is not sufficient.”

There was less give and take on the height issue, with Hall asserting that the height was addressed in the brief, but not in the zoning order: “Nowhere does it say that the development tops out at 94.5 feet.”  Hall said “The question is, can the ZC approve the project without specifically addressing the height?  Is 94.5 feet ok even though it is next to 30 or 40 foot buildings?  The ZC must consider this before determining it is appropriate.”  Policy replied that he was “incredulous” and said that “the ZC addressed the 94.5 feet height in dozens of places.”  He pointed out that the entire project was not 94.5 feet and that the height was dispersed throughout the project which was stepped down on residential and commercial sides.

The court will issue a ruling on the appeal in the coming months, though timing is uncertain.  In the meantime, according to terms of one of the documents (the second amendment to the LDDA) obtained under a Freedom of Information Request by the plaintiffs, SEB may undertake removal of asbestos, demolition and related preparations of the site before the Finance Closing, under conditions set by the city, one of which is anticipation that construction will begin within 180 days from the start of demolition.

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September 23, 2013 · 12:01 am

Deputy Mayor’s Office (Finally) Makes Public Closing Documents on Hine Development

Deputy Mayor’s Office (Finally) Makes Public Closing Documents on Hine Development

Taxpayers To Foot Bill for Benefits: Daycare Center, Playground and Metro Landscaping

by Larry Janezich

According to a press release issued today, the Hine Coalition has received documents – pursuant to a July 23, 2013, Freedom of Information ACT (FOIA) request – from the Office of the Deputy Mayor for Planning and Economic Development (DMPED) revealing that District taxpayers will subsidize the Planned Unit Development (PUD) for the Hine Development by an additional $1.9 million.  The long delayed release of the documents came after a Capitol Hill Corner posting pointing to DMPED’s slow response to the FOIA request as the latest instance in a series of examples of city agencies failing to respond to community concerns.

According to the Coalition’s press release, the “documents show that taxpayers must reimburse Stanton-East Banc (SEB) for several expenditures previously attributed to the developer, including ‘contributions’ SEB claims to be making in the amount of $50,000 to improve the Eastern Market Metro Plaza and $75,000 to finance construction of a playground. Taxpayers also must pay nearly $1.75 million for subsidized day-care to be included in the PUD.”

The Coalition’s press release, the Revised Stanton East Banc Ground Lease from July 11, 2013, and the Revised Amendment to the Hine LDDA from July 10, 2013 Redacted may be viewed by clicking the appropriate link in the Library at the top of the Capitol Hill Corner homepage.

“These revelations are only the tip of the iceberg,” Hine Coalition attorney Oliver B. Hall said. “DMPED and SEB have stonewalled all the way, because they don’t want the public to know how bad this deal is, but we’re going to keep pressing until the truth comes out.”

Hall said DMPED is required to post public contracts and related documents online, so the Hine Coalition should not have needed to file a FOIA request to get them. He also said DMPED had violated its legal obligations under FOIA by improperly withholding documents and redacting others.

A quick examination of the documents shows that considerable material has been redacted and much of the detail regarding the final agreement for transferring the Hine site to Stanton East Banc has not been made public.  The documents appear to reinforce the city’s commitment to this project and to its completion by the Stanton East Banc development team.  According to the Amendment to the Land disposition Agreement the city waived much of the documentation which the developer would be ordinarily be required to produce at closing, and further, has a built-in a safety net which gives the developer great flexibility in the event SEB encounters difficulty in meeting milestones, those milestones themselves being part of the Amendment which has been redacted.

The Hine Coalition is asking the DC Court of Appeals to send the PUD back to the Zoning Commission, in part, they say, because the agency improperly decided the case on an incomplete record, and because SEB failed to disclose the extent to which taxpayers are subsidizing the PUD.

Oral argument in the appeal has been set by the DC Court of Appeals for Thursday, September 26 at 9:30 am in Courtroom 1 of the DC Court of Appeals, 430 E Street, NW.

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September 22, 2013 · 8:37 pm

The Week Ahead…..Hine Project Decision in Court, Barracks Row Fest, Trolley Car Update

The Week Ahead…..Hine Project Decision in Court, Barracks Row Fest, Trolley Car Update

by Larry Janezich

September 23, Monday

Rescheduled from last week.  ANC 6a Community Outreach Committee meets at 7:30pm at Church of the Lord Jesus Christ of the Apostolic Faith Annex, 1233 C Street, NE.  On the agenda: Discussion of fence installed by Options PCS, restricting access to public basketball court behind the school – adjacent Kingsman Field and Kingsman Dog Park, 1300 block of D St. NE.

September 24, Tuesday

ANC6B Executive Committee meets at 7:00pm in Hill Center to set the agenda for the full ANC6B meeting on October 8.

CM Muriel Bowser chairs Committee on Economic Development Roundtable on Major Economic Development Projects, including the Hine project.  11:00am in Room 500 in the Wilson Building, 1350 Pennsylvania Avenue, NW.

September 25, Wednesday

Rescheduled from last week.  ANC6a Transportation Committee meets at 7:00pm at Sherwood Recreation Center.  On the agenda:  an update on the trolley car system.

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

September 26, Thursday

Oral argument in the Hine Coalition appeal on the Zoning Commission’s approval of the Hine project will be heard at 9:30 a.m. in Courtroom 1 of the DC Court of Appeals.  333 Constitution Avenue, NW

September 28, Saturday

Barracks Row Festival opens at 11 a.m. and closes at 5 p.m. The midway includes the oldest post in the Marine Corps, dozens of historic buildings plus forty international restaurants – most with sidewalk cafés.  Matchbox Food Group (Ted’s Bulletin, DC 3 and Matchbox) will be partnering with Belga Cafe and Cava for the first ever outdoor beer garden.

PSA 106 meets at 110am, Arthur Capper Senior Apts, 5th & Virginia Avenue SE

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September 19, 2013 · 6:17 pm

Deputy Mayor’s Office (DMPED) Stonewalls Access to Public Documents on Hine

Deputy Mayor’s Office (DMPED) Stonewalls Access to Public Documents on Hine

Hine Issue Before CM Bowser’s Economic Development Roundtable Next Week

by Larry Janezich

One complaint common to both District residents and ANC6b is the lack of responsiveness by DC government agencies to their queries and concerns.  The attitude of dismissiveness spans the Office of Planning, to the Historic Preservation Review Board, to the Zoning Commission, to the Department of Transportation.

The failure of the office of the Deputy Mayor for Planning and Economic Development (DMPED) to respond to repeated requests for the final documents concerning the transfer of the Hine site from the city to Stanton-Eastbanc is the latest example of the trend.  According to Oliver Hall, the attorney representing Capitol Hill residents who are appealing the Zoning Commission’s approval of the Hine project, Ayesha Abbasi, DMPED Freedom of Information (FOIA) officer, failed to produce documents requested under a FOIA request to the office of DMPED.

According to Hall, these documents are public contracts dealing with the receipt or expenditure of public or other funds by public bodies, and DMPED is required to make such documents publicly available.  Hall said that with very few exceptions, DMPED appears to have withheld public records he had requested and further had failed to provide any written explanation for the reasons, as required by law.

Hall said that an initial review of the documents DMPED produced suggests that DMPED omitted many public records without any indication or explanation whatsoever. He cited, for example, several DMPED email communications responsive to his request which expressly refer to attached documents, which Abassi did not attach.

Hall claims that Abbasi has ignored three follow up requests from him asking whether DMPED intends to produce any additional documentation.

The issue is timely, since next Tuesday, CM Muriel Bowser, will chair an Economic Development Roundtable on Major Economic Development Projects to discuss developments throughout the city, including the Hine Project.  The purpose of this public oversight roundtable is to hear from the Deputy Mayor about the status of these projects and to identify next steps. Two days later, the DC Court of Appeals holds a hearing on the Hine Coalition’s appeal of the Zoning Commission’s ruling.

Capitol Hill Corner contacted Corey Lee, DMPED Project Manager for Hine, to ask about the availability of Hine documents.   We were referred to DMPED Chief of Staff, Rich Nichols, who referred us to Director of Communications, Chanda Washington.  After Capitol Hill Corner outlined the claim that DMPED was not being responsive to requests for the closing documents on the Hine project, Ms. Washington responded as follows:

“I cannot speak to the specifics of the request. That is the responsibility of the FOIA officer who must speak directly with the requester.

The policy of the District of Columbia is to share documents with the public detailing government operations. There are however, under the Freedom of Information Act, certain categories of documents that may be exempted. Those exemptions are not intended to hide from the public but to ensure that there is a free exchange of ideas with the full intention of the final document being produced to the public when requested.”

In a follow-up discussion, Ms. Washington said she was unable to speak to the timeline for the project or milestones the city expects the developer to meet since the project is currently in litigation. With respect to the LDDA – one of the documents sought by Hall – she said it was her understanding that it had been made public and was available on line.  Asked for clarification, Washington in a later conversation said that “there was a LDDA in 2010, which was amended in 2011.  There are documents associated with the July 13, 2013 closing which are made public with the Recorder of Deeds after closing.”  Asked if this meant that DMPED had no responsibility to make documents available, Washington called back to say that “Generally, within 30 days after closing [July 12, 2013, in this case] documents are filed with the Recorder of Deeds and anyone can access them on line.”  She went on to say that documents are also available from DMPED, but stipulated that DMPED usually deals with requests for information through Freedom of Information requests.

After visiting the website of the recorder of Deeds, and registering, a search was conducted using search prompts “East Banc Inc”, “Stanton Development Cor” –  the formatting having been determined by the website’s available list of grantees and grantors – and by lot and square number (Lot 801, Square 901).  Of the verified data (processed deeds), and processing queue (unprocessed deeds from July 15, 2013, until September 19, 2013) no records on Hine appeared as the result of any of these searches.  If these documents are indeed public, then they are not being made publicly available.

The approaching hearing date for the appeal of the Zoning Commission’s ruling has initiated some activity.  After filing an appeal of the Zoning Commission’s approval of the Hine project with the DC Court of appeals, (as reported on Capitol Hill Corner  http://bit.ly/1doatJi) Stanton-Eastbanc (SEB) filed a reply, to which the Hine Coalition responded.  Copies of these documents can be found by clicking on the link in the Library at the top of the CHC homepage.

According to a press release from the Hine Coalition, the group is asking the court to send the PUD back to the Zoning Commission “because the agency improperly decided the case on an incomplete record, because the agency failed to address the PUD’s excessive height – it will be more than twice as tall as any development currently permitted at the historic site – and because SEB failed to disclose the extent to which taxpayers are subsidizing the PUD, by paying for many of the ‘public benefits’ it claims the project will provide.”

“There is a complete lack of transparency in this PUD,” said Attorney Oliver Hall.  “SEB has not disclosed the Land Disposition and Development Agreement or the affordable housing covenant, which state the terms by which SEB will acquire the valuable Hine Junior High School property from District taxpayers.”

The Hine Coalition raised funds from the community to pay for a three-quarter page ad in the current issue of City Paper summarizing the financial issues which they maintain shows why the Hine Project is a bad deal for the city.

The Committee on Economic Development Roundtable on Major Economic Development Projects will meet next Tuesday, September 24, 2013, at 11:00am in Room 500 in the Wilson Building, 1350 Pennsylvania Avenue, NW.

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September 15, 2013 · 7:00 pm

The Week Ahead….Ben’s Chili Bowl Applies for H Street Liquor License

The Week Ahead….Ben’s Chili Bowl Applies for H Street Liquor License

by Larry Janezich

September 16, Monday

POSTPONED ANC6a Transportation Committee meets at 7:00pm at Sherwood Recreation Center.  On the agenda:  an update on the trolley car system.

POSTPONED ANC 6a Community Outreach Committee meets at 7:30pm at Church of the Lord Jesus Christ of the Apostolic Faith Annex, 1233 C Street, NE.

On the agenda: Discussion of fence installed by Options PCS, restricting access to public basketball court behind the school – adjacent Kingsman Field and Kingsman Dog Park, 1300 block of D St. NE.

September 17, Tuesday

ANC6a ABC Committee meets at 7:00pm at Sherwood Recreation Center, 10th and G, NE

On the agenda:  Liquor license renewals for The Queen Vic at 1206 H Street NE (Class “C” Tavern), Atlas Arcade/Church and State at 1236 H Street NE (Class “C” Tavern), and Twelve (XII) Restaurant and Lounge at 1123-1125 H Street.

Consideration of liquor license for Ben’s Chili Bowl/Ben’s Upstairs at 1001 H Street NE (Class “C” Restaurant).  Representatives from Ben’s Chili Bowl gave an update to ANC6a last Tuesday, stressing their efforts to be good neighbors and to minimize the impact of construction on the neighborhood.   According to the ABC Poster, Ben’s Chili Bowl will serve “American style food with 191 seats and occupancy load of 266. Summer Garden with 44 seats.  Sidewalk café with 38 seats. No entertainment. No dancing….”  Hours of operations inside, and on the outside sidewalk café and summer garden:  Sunday through Thursday, 6:00am – 2:00am and Friday & Saturday, 6:00am and 4:00am.  Hours of alcoholic beverages, sales/service/consumption inside premise, outside sidewalk café and summer garden:  Sunday through Thursday, 8:00am – 2:00am and Friday & Saturday, 8:00am – 3:00am.  It should be noted that it is routine to list the maximum hours of operation allowed on the application.  The actual hours of operation are usually limited according to a Settlement Agreement reached with ANC6a.  The H Street location could be open as soon as late spring – early summer of 2014.  Last week, Ben’s Chili Bowl announced it is expanding to a third location in Rosslyn, Virginia. 

ANC6b Zoning Regulation Task Force meets at 7:00pm in Hill Center Zoning to review proposals to rewrite zoning regulations.  The Zoning Commission has announced a series of hearings which will occur this fall.

CHRS Board of Directors meets at 6:30pm in Capitol Townhouses

September 18, Wednesday

ANC6a Economic Development Committee meets at 7:00pm at Sherwood Recreation Center, 10th and G, NE.

On the agenda:  Lincoln Park United Methodist Church at 1301 North Carolina Ave, NE, seeks approval to put antenna and screening existing church.

ANC6b Outreach & Constituent Services Task Force meets at 7:00pm at Hill Center.  The main agenda item is the Task Force’ draft public safety report

The Capitol Hill Restoration Society Preservation Cafe series meets at 6:30pm at Ebenezers Coffee House, 2nd and F Streets, NE, to hear Mike Canning present his book, Hollywood on the Potomac.  The book offers a comprehensive look at how DC has been portrayed in American feature films.  The event is free and open to the public.

September 19, Thursday

PSA 108 Meets at Liberty Baptist Church, 527 Kentucky Avenue, SE, with Lt. Fowler, MPD, and presents an opportunity for residents to talk to MPD about the spike in breakins on Capitol Hill the past two months.

CHRS Membership Forum meets at 7:00pm at Hill Center to hear a presentation entitled “Preservation and Sustainability.”  DC Historic Preservation officials show how through solar, reuse, appropriate materials and practices preservation can go hand in hand with sustainability.  The event is free and open to the public.

September 21, Saturday

H Street Festival from noon – 7:00pm.  The festival will take place from the 400 block to the 1400 block of H Street, NE. For additional information, please visit http://www.hstreet.org

Humanities Council of Washington, DC House History Workshops will be held  from

Two House History Workshops will be held at Martin Luther King Jr. Memorial Library, 901 G St. NW in the Washingtoniana Division (3rd Floor). Session I: 10:00am – 12:30pm and Session II: 12:30pm – 3:00 pm. This year’s House History Workshop will guide community historians, of any skill or knowledge level, through the DC Public Library Washingtoniana Division’s collections. Participants will learn how to research the history of their own home or any other historical property.

Day of the Dog event at Congressional Cemetery from 10:am to 3:00pm.  Activities for both people and their dogs, including contests, games, demonstrations, etc.  Local pet vendors and services will also be present, as well as pet adoption agencies and shelters with dogs and cats ready for adoption.

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