CAPITOL HILL CORNER

Acqua al 2 Responds to Neighbor Allegations  – New Light Shed on Closing of Suna

by Larry Janezich

Ari Gejdenson, co-owner of Acqua al 2, (AA2) addressed ANC6B’s Alcohol Beverage Control Committee Thursday night to respond to allegations and concerns brought before the commission by neighbors of the restaurant regarding two recent additions in service provided by the establishment on its second floor.  Neighbors had raised these concerns – which were posted on Capitol Hill Corner – to the ANC in connection with the AA2’s application for renewal of its liquor license. 

Gejdenson brought a photograph to show the existing entrance from Acqua al 2’s dining room to its upstairs to refute the allegation that AA2 was in violation of DC Code requiring that connection.  Gejdenson further asserted that AA2 was in compliance with the Voluntary Agreement with neighbors saying that there was a 12 foot non-customer space between the recently installed bathrooms and the rear of the restaurant.  He asserted that claims of a fan and vent in one of the rear windows were in fact the back of a freezer on wheels.  He explained that one of the rear windows had been covered with plywood pending replacement after having been broken.  He further asserted that he had gotten permits for all work done on the premises, including the fence on top of the building which, he said, had been mentioned by neighbors as a feature they would like to see to hide rooftop mechanicals and deflect noise away from residents. 

With respect to addition of the trade names Suna and Harold Black Bar to the liquor license, Gejdenson said that rather than confirming that they are different operations from AA2, he is required by the city to add the names to the license given they are separate operations within AA2.  He assured the Committee that it is not a significant change and comes down to paying a $500 fee.   Still, the broader point remains whether neighbors should have a voice in the expansion of a bar/restaurant before it happens and not after the fact. 

Commissioner Brian Pate, who represents the Single Member District adjacent to where the neighbors raising complaints live, recalled visiting the second floor of the restaurant when he was considering holding an event there and thinking that “this is not what we voted for when we voted to support expansion of extra upstairs seating” at AA2.  He went on to say that AA2 was in compliance with the letter of the agreement with the ANC but perhaps not the spirit.  Commissioner Ivan Frishberg, who represents the Single Member District where both AA2 and the neighbors are  located, said that “what’s striking is that Acqua al 2 is still in compliance with the law,” and the “concerns (raised by neighbors) are process concerns, not that there has been any harm.”

In responding to questions raised by nearby neighbors, Gejdenson shed new light on the sudden closing of Suna and lent credence to neighbor concerns that the restaurant had gone beyond neighbor’s understanding of what AA2 would be.  Alluding to a possible disagreement with Suna chef Johnny Spero, Gejdenson said that Suna was supposed to be a “tasting room” within AA2, but the chef wanted to establish a separate operation and compete with AA2, “that’s part of the reason it ended quickly.”  Citing the blogosphere reaction when Suna closed and Harold Black Bar stayed open, Gejdenson said “it seemed like a separate operation.”  Although Gejdenson cited other examples of “tasting rooms” it is in reality unclear how these differ from a restaurant in a factual sense, and indeed, if Chef Spero was attempting to compete with AA2, it’s not clear that they do. 

Regarding the space which was formerly Suna, Gejdenson said, “all we’re doing is private dining and cocktail events.”  He went on to say that he would think that the neighbors would be happy (with Harold Black Bar) which prohibits standing at the bar and loud conversation, and limits seating to 28.  Frishberg backed up the claim, noting that the bar’s rules of decorum are printed on the menu.

The Committee voted to recommend extension of the liquor license, subject to receipt of a signed Voluntary Agreement.

View From 11th Street of Frager’s Planned Glass Atrium

Ariel View of Frager’s Proposed 11th Street Infill

Head On View from 11th Street of Proposed Frager’s Addition

Frager’s Hardware To Add Upscale Glass Atrium Infill on 11^th Street – Concept Drawings at Capitol Hill Corner

by Larry Janezich

Frager’s Hardware, much beloved for its funky interior, eclectic product selection, and helpful staff is about to add an upscale addition fronting on 11^th Street.  The ground floor of the proposed glass atrium will be in the words of one architect, a “curated showroom” to display high end products including light fixtures, cabinets, and plumbing fixtures.  In addition, design consultancy may be offered in the new space.

The concept is up for Historic Peservation Review, and on Wednesday night, Francis Campbell’s ANC Planning and Zoning Committee recommended concept approval to the full ANC by a vote of 5 – 0 – 1.  Commissioner Ivan Frishberg abstained wanting more time to consider the design.  Commissioner Kirsten Oldenburg recused herself from consideration since she is employed by Frager’s.

The project is being designed by the international firm Demian/Wilbur Architects, headquartered  on Capitol Hill.  Some of the firms other DC projects include Station 4 in Southwest, The Hill Pre-School, and Latham Hotel in NW. 

The Historic Preservation Application will come before the full ANC6B which meets next Tuesday at 7:00pm in Hill Center.

The unmarked door at left is the unassuming entrance to Harold Black Speakeasy and the now-closed Suna

 Neighbors Say Acqua Al 2’s Pop Up Restaurant and Speakeasy Violate DC Code;

Al 2 Liquor License Up for Renewal Before ANC Committee Tonight

by Larry Janezich

Nearby neighbors of Acqua al 2 (AA2) at 212 7^th Street, SE, charge that its two recently opened adjuncts, “Suna” (which closed March 10 after four months) and the speakeasy, “Harold Black Bar” operated without a liquor license. 

Neighbors have taken their complaints to ANC6B and to DC’s Alcohol Beverage Review Administration (ABRA).  Chief among their concerns is that the AA2 operated and may still be operating in violation not only of its voluntary agreement with the neighbors, but also with DC Code.  The restaurant’s liquor license is currently up for renewal before both bodies. 

At issue are two new establishments on the second floor of the restaurant – the recently closed Suna and (according to co-owner Johnny Spero quoted in the food blog EATER at http://dc.eater.com/tags/suna) the still-operating speakeasy “Harold Black Bar.” 

Neighbors contend in their written complaint that in March 2012, when AA2 requested modification of their license to extend their hours of operation and expand the restaurant, the restaurant owner said that this expansion would only be used occasionally for private parties.  A Voluntary Agreement (VA) was written and signed to accommodate these requests.

Subsequently, a separate restaurant named “Suna” with its own kitchen, and a third operation, “Harold Black Bar” were also established on the second floor, neither of which can be accessed from the restaurant downstairs.  Instead the entrance to these two operations is through an unmarked door at a separate address, 214 7th Street, SE.   AA2 is at 212 7^th Street, SE.

In addition, neighbors say that during the voluntary agreement discussions, there was no mention or consideration of another restaurant, kitchen, or separate bar on the second floor.

AA2 has applied for a liquor license renewal and added the following trade names to the same license: Suna/Harold Black Bar, apparently an ex poste facto admission of the need to obtain specific licensing for those establishments.

Neighbors point to DC Code, which states in section 600.3:  “An additional trade name shall not be used to identify a location separate and apart from the licensed premises. When a licensed establishment uses an additional trade name, its patrons must be able to access the area of the licensed premises identified by the additional trade name from the area of the licensed premises identified by the original trade name.”

In addition, neighbors say AA2 is not currently in compliance with the voluntary agreement where it is written that:  “No patrons will be allowed in the garden, nor will the area (approximately 312 square feet total, currently used for storage) to the rear of the 2nd floor be open to patrons.”  Their letter to ABRA says, “In fact their new restroom, which is accessible to patrons, is located in the rear of the 2nd floor facing our windows.” 

Suna was closed in early March after only four months, a week before a savage half-star review by Tom Sietsema was published in the Washington Post, but the review apparently had nothing to do with the closing which was never explained by owners.  Neighbors worry that, if a new license is granted, they do not know what kind of operation will replace it.  As has been reported elsewhere, both Suna and the speakeasy Harold Black Bar fostered the mystique of in-crowd exclusivity; neither had signage, and Harold Black—a bar—nonetheless required reservations.  The bar’s phone number was unpublished and the procedure for making a reservation was ritualistic, as detailed in City Paper, which also published the bar’s reservation phone line number. 

See Young and Hungry at: http://www.washingtoncitypaper.com/blogs/youngandhungry/2013/01/10/gin-and-bear-it-its-not-so-easy-getting-a-drink-at-d-c-s-newest-1920s-themed-bar/

 Subsequently, Harold Black cut a deal with CityEats to take reservations through their website.  However much the business seeks to mimic the underground or “pop up” feel of the latest fashionable eating trends, the reality is that they appear to have been operating in a brick and mortar fashion and serving alcohol on premises.  Other than preventing or punishing violence in and around the premises, it is difficult to think of a better example of the kinds of behavior that alcohol liquor licensing was established in order to address.

 ANC 6B’s will meet tonight to discuss this issue (and other licenses) tonight at 7:00 in the Hill Center.

Xavier Cervera’s Nine Capitol Hill Restaurants Sold To Boston Equity Firm

by Larry Janezich

Last night Xavier Cervera confirmed that he has closed a deal to sell all nine of his Capitol Hill area restaurants to a Boston equity firm experienced in the restaurant business and seeking to enter the Washington market.  The restaurants include the recently re-opened Hawk & Dove, Boxcar Tavern, The Chesapeake Room, Lola’s Barracks Bar & Grill, Molly Malone’s, Pacifico, Senart’s Oyster & Chop House.  The eighth is the soon-to-open Park Tavern in Canal Park, and the ninth, Willie’s Brew and Que, will open on the Southeast Waterfront later this year.  The restaurants were developed in partnership with an investor from Miami and employ some 340 people at the nine venues. 

Asked for comment regarding the sale, which reportedly was finalized on New Year’s Eve, Cervera said, “Not much to discuss. Great offer..good timing..experienced group.”

Last December Capitol Hill Corner first reported that Cervera was considering offers.  Cervera told Capitol Hill Corner at the time: “I have been approached by a private equity group out of Boston and have made large offers which I have not accepted.  The offers grow larger every week.  They have a lot of experience in the restaurant business.  They have looked very closely at my operation and like what they see.  They are being very aggressive.”  Cervera added:  “I am close to all of my restaurants and the 345 employees.  You don’t build this kind of operation in four and a half years without great staff.  It’s hard to let something like that go.”

The equity group that bought out Cervera is reportedly headed by his brother and has other restaurant franchises.  Xavier’s brother is currently in Washington and is actively managing the restaurant group.  Part of the deal was Xavier’s continued involvement in the management as a consultant.  According to regulars of some of the restaurants, the new owners have made some personnel changes involving long time employees which Xavier is not happy about. 

This would not be the first time Cervera sold his developments as a package.  Originally from Miami, he developed several boutique hotels there and sold them as a package some 15 years ago.  It’s not clear what Cervera’s next venture will be, but he is reported to own property in the Shaw/Logan Circle area.

The Week Ahead….

by Larry Janezich

Monday, April 1

CHRS Historic Preservation Committee meets at 6:30pm at Kirby House, 420 10th Street, SE.

Wednesday, April 3

ANC6B Planning and Zoning Committee meets at 7:00pm at St. Coletta of Greater Washington.

Among items on the agenda: 

Zoning adjustments for 80 plus residential unit building at 1550 Pennsylvania Avenue, SE – variances from the off-street parking provisions, the size of parking space requirements, and the loading requirements.

Public space request from National Community Church, 535 8th Street, SE (apparently a request to extend the front of the Church into public space for construction of a ticket booth).

Frager’s Hardware infill project on 11th Street SE.

Changes to the facade of the Banana Cafe building at 500 8^th Street, SE.

New concept design for the Beer Garden previously approved for the corner of 8th  and L Streets, SE. 

Wednesday, April 3

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

Thursday, April 4

ANC6B ABC Committee meets at 7:00 p.m., in Hill Center.

Among items on the agenda: 

Liquor license renewals for We, The Pizza; Tortilla Coast, Acqua al 2, Young Chow, Aatish On the Hill, Tash, Nooshi, Mr. Henry’s, Capitol Hill Club, Sizzling Express, Good Stuff Eatery, Trattoria Alberto, Sonoma; Belga Café; Hunan dynasty, Saipan, Montmarte, 7th Hill Pizza, Lavagna, American Legion, Szechuan House, Café 8, and the Silver Spork. 

Monday, April 8

ANC6B Transportation Committee meets at 6:30pm (currently scheduled for Hill Center, but location could change).   

Among items on the agenda:

Drafting of a letter to DDOT on Barney Circle/SE Boulevard.

 Discussion of DDOT 2013 Parking Action Agenda.

The Week Ahead…and a Look at Last Week

Capitol Power Plant, Hine Redux

by Larry Janezich

The Week Ahead

Tuesday, March 26

Update.  The Executive Committee meeting was held on Wednesday, March 20, owing to the beginning of Passover.  ANC6B Executive Committee meets at 7:00pm in Hill Center to set the agenda for the April ANC meeting on April 9.

Wednesday, March 27

Eastern Market Community Advisory Committee meets at 7:00pm in the North Hall, Eastern Market. 

A Look at Last Week

Capitol Power Plant Update

Opponents of increased emissions and continued use of coal by the Capitol Power Plant will continue their efforts to broaden support within the Capitol Hill community to bring pressure on Mayor Gray and the DDOE to restrict emissions by the Capitol Power Plant in the interests of protecting the health of the nearby neighbors.  Opponents, whose efforts are supported by the Sierra Club, will seek meetings with DC City Councilmembers, solicit signatures for a petition at Eastern Market on weekends, and distribute yard signs (No Coal). 

A recent non-binding offer by the AOC to eliminate the use of coal at the plant after five years was deemed by the community to not sufficient to protect the health of the community. 

According to some community members close to the organizers, failure to achieve a hard deadline for ending coal use at the plan and restrictions on use of coal during construction of the new cogeneration burners (see February 9 posting below), a legal challenge against the AOC’s application for a permit to increase the emissions level could ensue. 

Hine Redux

On March 18, a nearby neighbor of the Hine project, Christopher Howell, filed a request with the Zoning Commission to allow him to file a motion for reconsideration of the Hine PUD.  The motion alleges errors in the application of the Zoning Commission’s application of law and regulations to the evidence presented by opponents of the scale and mass of the project: 

I. The proposed PUD is inconsistent with the Comprehensive Plan (Historic Preservation Element Policy HP-2.4.6)

2. The proposed PUD is within the Capitol Hill Commercial Overlay District and subject to its height and floor area ratio development standards.

The motion can be found in its entirety by going to the Zoning Commission’s website

(http://dcoz.dc.gov/main.shtm) and doing a case search for 11-24.  Howell’s request is the last filing on page 12 of the list of documents filed with the Commission. 

Demolition of Hine school is scheduled to begin this fall.  Asbestos removal is scheduled to begin in July.

The Week Ahead……

by Larry Janezich

Tuesday, March 19

Capitol Hill Historic Society Board Meeting, 6:30pm, Capitol Hill Townhomes, 750 6^th Street, SE.

Thursday, March 21

PSA 108 Meeting, 7:00pm, Liberty Baptist Church, 527 Kentucky Avenue, SE,

With MPD Lt. Michael Thornton.

Shakespeare Rehearsal Space On The Block?

Barracks Row Soft Talk

Shakespeare Rehearsal Space On The Block?  Tash/Nooshi Mural a Done Deal

by Larry Janezich

Shakespeare Theater Company Rehearsal Space on the Block?

Capitol Hill Corner hears that real estate agents and developers have been poking around the Shakespeare Theater Company Rehearsal Space at 507 8^th Street on Barracks Row.  The building could provide one of the largest retail spaces on the Row, and speculation is that it would be retail rather than another restaurant.  Another source says the building is owned by the owner of the parking lot next to Tash/Nooshi restaurants and the building which houses Fusion Restaurant.  Property records lists the owner as Elul Joint Venture Harry W. Goldberg. 

Mural on Tash/Nooshi a Done Deal

Tash/Nooshi co-owner Vanessa Lin told ANC6B last Tuesday night that she has commissioned the Baltimore street artist Gaia to create a mural on the south side of the former Animeaux Chataux building which is now the location of the two restaurants owned by Lin and her husband.  The mural (see concept below posted March 14) has alarmed some of the nearby neighbors and half a dozen showed up at the meeting to express their unhappiness.  The opposition was based on concerns that the proposed mural would have a negative effect on the charm and character of the neighborhood. 

The mural had its supporters; Phil Hutinet, editor of East City Art, extolled Gaia’s talent saying “[Opposition to the mural] is like saying I don’t want Picasso or Van Gogh painting on the side of this building.”  Additional support came from some residents who said it would add to the street’s vitality and make a boring building come alive. 

DC has no rules on paint or paint colors on any building – residential or commercial – whether in a historic district or not. There are rules for billboards, and some residents complained the mural was a substitute for a billboard advertising the restaurant. 

Lin pointed out that given the commercial value of the parking lot which the mural would overlook it could have a short lifespan.  Lin and her husband do not own the lot. 

Gaia is a 24 year old artist who has shown his work internationally and achieved considerable critical acclaim and significant museum showings.  He takes his name from the Greek earth goddess and uses animal imagery to bring nature to the cityscape.  He often uses enlargements of photos or woodblocks which he prints on paper and pastes to the sides of buildings.  No word yet on what medium he will use on Tash/Nooshi.  Lin said during the meeting that she expects Nooshi to open in early April.  For more on Gaia:  http://en.wikipedia.org/wiki/Gaia_(artist)

Kraze Burgers Update

Kraze Burgers’ structural build out is complete and they could open in 60 days or so. 

Miracle Theater

National Community Church is expected to apply soon for a public space permit that would allow them to build a ticket booth on the front of the church.  The church will also modify the façade of the building to install two double doors to replace the one double door currently opening onto 8^th Street.  Digging out the basement for a refreshment stand is still under consideration. 

Sneed’s Barbershop Ripe for Redevelopment

Developer Douglas Jamal bought Sneed’s for $900,000 in mid-December.  Jamal has another project down Pennsylvania Avenue where the old KFC building site at 1442 Pennsylvania Avenue, SE: will be transformed into a two story retail and office building. 

Bavarian Beer Garden

Mark Brody, who bought the corner lot at 8^th and L Street on lower Barracks Row is now looking at different variations for the location that might be a better fit for the street.  He apparently is still wedded to the idea of having and open air venue of some sort.