2005

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES of JANUARY 10, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Ave. NW, Washington DC 20015. Chair Robert Gordon presiding.
Commissioners present: Gordon, Levine, Beach, Nolan, Buchholz, and Redmond.
Absent: Fromboluti

An audience of some 20 persons was present.

1. Commission Chair Robert Gordon welcomed incoming Commissioner SAMANTHA NOLAN to her first ANC meeting as a Commissioner.

2. The AGENDA was adopted by a vote of 6-0, with the addition of two items: an announcement regarding the Friendship Heights Task Force and a motion on expenditure for microphones for use at ANC 3/4G meetings by Commissioner Levine.

3. PFC CONNER OF THE METROPOLITAN POLICE reported that there was an overall reduction in crime in the Chevy Chase community in December, 2004 as compared to the preceding year, but she also stated that burglaries are on the rise; she urged residents to keep their doors locked at all times because many burglaries have been accomplished through unlocked doors.

4. Upon nomination (by Commissioner Beach, as a slate) and unanimous vote (6-0), the following were elected as OFFICERS for ANC 3/4G for calendar year 2005:
Robert Gordon, Chair;
Jerry Levine, Vice Chair;
Cris Fromboluti, Treasurer; and
Allen Beach, Secretary.

5. The BY-LAWS of ANC 3/4G for 2005 were adopted with the insertion of some technical amendments (language changes), by a vote of 6-0.

6. Commissioner Beach next introduced the matter of the use of public space to construct a new driveway at 6217 WESTERN AVENUE, NW. He described the property in question and the surrounding properties bounded by Western Avenue and Stuyvesant Place. The property at 6217 Western Avenue has no rear access to the alley and only a walking path to Stuyvesant Place. The property’s residents had been using an unofficial area on public space to access a gravel path to the right (west) side of the house (a very narrow and limited area) for the purpose of parking of vehicles. He further indicated that a current concern has arisen because of the reconstruction of Western Avenue (which removes street parking while construction is taking place) and the fact that the Western Avenue work has resulted in the placement of a curb in front of the area where formerly cars gained access to the narrow gravel area for parking. As a result, a new curb cut would be needed to access the parking area on the side of the house.

Mr. Harry Fang appeared (giving his address as 6217 Western Avenue and telephone as 202-253-6100), but explained that the owner of the property and applicant for the curb cut and driveway over public space is Tisha Jepson, his wife. He stated that he and his family need the use of public space for a curb cut and installation of a driveway to allow for parking in the yard (presently the gravel area) along the western side of the house. He indicated his willingness to pave his portion of the driveway and park only by that side of the house (not in front of the house, as had apparently occurred at times in the past).

Mrs. Mary Ourand, a contiguous owner living at 6219 Western Avenue, also representing her handicapped brother residing with her at that address, appeared in protest of the application. Mrs. Ourand presented materials and photographs and raised several concerns about the application, including: whether the property is being operated as a rental property; why there were so many cars being parked at various times in front as well as on the side of the property; why the gate to the drive was being left open blocking the sidewalk; and whether in fact the parking would or could ever be limited to just the side yard. Mr. Liam McBride, representing his parents who reside at 6215 Western Avenue, stated that they have no objection to the new driveway at 6217 Western, so long as parking is completely limited to solely the side yard next to the house. The Commission had also received an e-mail message from the resident of 6221 Western Avenue expressing his concern over this matter, and stating that the driveway might be acceptable to him if vehicles will only be parked on the side of the house, but he was not sure that this was feasible.

Discussion and questions by Commissioners of Mr. Fang indicated a number of inconsistencies and unclear factual matters including: who is, and has been, the actual resident of the house on this property; where Mr. Fang and Ms. Jepson are actually residing at present; who and how many persons park in the unofficial gravel area next to the house; and how any possible side yard parking limitation could, in practice, be enforced. In response to one of these questions, Mr. Fang indicated that his intention is to reside in the house at 6217 Western Avenue with his wife, the legal owner of the property. Additional discussion centered upon whether a fence could be constructed to limit the parking area and what would happen to the existing gate and fence.

Commissioner Levine then moved that the ANC 3/4G file an objection to the use of public space at 6217 Western Avenue with comment, pointing out the certain factual inconsistencies of which the Commission has become aware, and stating that if such factual issues (that is, questions concerning the actual residence of the owner, the possible rental use of the property, whether and where the driveway would be paved, the acceptance of a limitation of any parking to the western side of the house only, and whether an existing fence and gate would be removed or relocated) had been satisfactorily clarified to the Commission, then the result of the vote might have been different. Commissioner Levine’s motion was adopted by a vote of 6-0.

7. Chair Gordon next introduced a draft letter to invite DDOT officials to attend two upcoming Commission meetings in order to provide a full discussion of all issues regarding the pending MILITARY ROAD/MISSOURI AVENUE TRANSPORTATION STUDY. He noted that while discussion of this topic has been the subject of many past Commission meetings, the Study has now been finalized and DDOT officials have indicated that they are willing to meet with the community to listen and consider neighborhood concerns. Chair Gordon proposed that the Commission reserve at least an hour at each of two Commission meetings in order to discuss all aspects of the Study (possibly dividing them up by portions of the road). After discussion, the Commission agreed, by a vote of 6-0, to send a letter inviting DDOT officials to attend the Commission meeting scheduled for Monday, February 28 (if DDOT officials can be available on that date) for a single two-hour discussion of this matter between the hours of 7:30 and 9:30 p.m. (the regular Commission meeting would begin at 7 p.m. that evening). The scheduling of this meeting would be well publicized in advance to everyone in the community, with notice being particularly targeted to those residents most directly affected by the Study.

8. Commissioner Nolan next reported that she had received notice of the scheduling of upcoming meetings of the FRIENDSHIP HEIGHTS TASK FORCE. Chair Gordon agreed that the Commission should be represented at these meetings, and said he would soon select Commissioners to attend as representatives of the Commission. Commissioner Nolan agreed to attend the January 12 meeting.

9. Commissioner Buchhholz then updated the Commission on a late 2004 meeting of the WARD FOUR TRANSPORTATION COMMITTEE. The topic of the meeting was FlexCar and ZipCars.

10. The Commission agreed to postpone indefinitely any further discussion of the status of a TRAFFIC LIGHT AT CONNECTICUT AVENUE AND MORRISON STREET as DDOT has indicated that it does not plan to take any action to install the light until 2006 at the earliest.

11. COMMISSION BUSINESS:

a. The MINUTES of the Commission’s December 13, 2004 meeting were approved by a vote of 6-0.
b. The following CHECKS were approved, all by a vote of 6-0: $49.87 for Verizon (December 4, 2004 bill); $42.49 to Allen Beach (petty cash reimbursement, postage $37.50, supplies $4.99); $119.98 for Chevy Chase Bank (Fed withholding December 2004); $177.00 to DC Treasurer (tax withholding 2004); and $215.40 for Starpower (Internet services).
c. The following grants were approved by a vote of 6-0 each:
Friends of Lafayette Park: $1000.00 for planting and maintaining the park
Wilson PTSA: $1000.00 for physical enhancements
Lafayette School H&SA: $1000.00 for continued landscaping
Iona House: $1000.00 for printing/distributing outreach materials
d. The Commission, by a vote of 6-0, agreed to obtain the necessary fidelity bond for the Chair and Treasurer for CY 2005 (including the payment of a $25 fee for 2005 for such purpose) and also approved the ANC Resolution for participation by the Commission in the ANC Security Fund.
e. The Commission agreed to establish an internal working group of Commissioners to review and participate in proceedings concerning the District’s revision of its Comprehensive Plan; as to follow and participate in the proceedings, the working group will be asked to report back to the Commission on any issues that could affect the Chevy Chase community.
f. Commissioner Redmond provided an update on the reconstruction of the Commission’s Website and said she would provide a full report at one of the Commission’s meetings in February. She made assignments to the Commissioners for assistance in completing the web work.
g. Commissioner Levine moved that the Commission authorize the expenditure of a sum not to exceed $2000 for the procurement of microphones for use at the Commission’s public meetings. Commissioner Levine’s motion was agreed to by vote of 6-0.
The meeting was adjourned at 9:30 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

_______________________ _________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES of January 24, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Ave. NW, Washington DC 20015. Chair Robert Gordon presiding.
Commissioners present: Gordon, Levine, Fromboluti, Beach, Nolan, Buchholz, and Redmond.

An audience of some 5 persons was present.

1. The AGENDA was adopted by a vote of 7-0, with two additions for updates to be provided on the DC Comprehensive Plan process and the Friendship Heights Task Force.

2. Commissioner Nolan gave an update on the recent BZA hearing concerning the property located at 3112 LEGATION STREET, the owners of which are seeking a special exception to construct a 3-story addition. She noted that the hearing was long and contentious with the presentation of new evidence by the owners. This consisted of new drawings, and testimony that hurricane damage caused the removal of an existing structure. The homeowners therefore argued that their prior “nonconforming” zoning status should be preserved under Section 223 subsequent to the damage to the property, allowing them to rebuild to the previous building footprint. Commissioner Fromboluti noted that in looking at the new drawings he discovered that the previously existing porch came to about seven feet of the adjoining property line so the proposed addition on the West side would have to align with this structure. Neighbors appearing in opposition to the special exception for the addition presented their case that the addition would adversely affect their neighboring homes. Because there was some apparent misunderstanding as to who had been officially designated by the Commission to represent ANC 3/4G at the BZA hearing, Chair Gordon moved that a letter be sent to the BZA clarifying that sitting Commissioners Nolan and Fromboluti had been the ones formally designated to represent the Commission at that hearing. Notwithstanding the objections of former Commissioner Renshaw, Chair Gordon’s motion was approved by a vote of 7-0 of the Commissioners.

3. Commissioner Fromboluti next provided a brief update on the status of the possible designation of portions of the Chevy Chase neighborhood as one or more HISTORIC DISTRICTS. He noted that more than 1,000 houses are in the process of being surveyed and that block parties on this subject, as well as a very interesting display at the Chevy Chase library, had both served to inform residents about the possibility of future historic designations in Chevy Chase, DC. He added that most residents seemed supportive of the efforts of Historic Chevy Chase DC (the organization taking the lead on this issue), but that a few have expressed concerns about the extra layer of government regulations (possible delays and costs) that such a designation might entail with regard to exterior improvements to their homes, such as roofs and windows. The Commission plans to hold an in-depth discussion of this subject at a Commission meeting sometime in the spring.

4. Chair Gordon next raised the issue of the Commission’s input to the DC Office of Planning during the pending DC COMPREHENSIVE PLANNING PROCESS. The Chair appointed Commissioner Fromboluti to head a Special Committee of the Commission to review the Plan, provide periodic reports to the Commission concerning meetings held by the Office of Planning with the various District communities on the Plan and also to recommend possible Commission responses as to the provisions of the Comprehensive Plan that affect the Chevy Chase neighborhood. Several Commissioners indicated that they would be attending the first Office of Planning meeting concerning the Plan for Wards 3 and 4, to be held on January 26.

5. Commissioner Nolan then provided a brief update concerning the FRIENDSHIP HEIGHTS TASK FORCE, which consists of representatives from both Montgomery County, Md. and DC and which concerns development activities in Friendship Heights. Chair Gordon appointed Commissioners Nolan and Levine to represent the Commission on this Task Force.

6. Commissioner Levine announced that the CHEVY CHASE CITIZENS ASSOCIATION’S next two meetings are February 15 with School Superintendent Janey and March 15 with City Administrator Robert Bobb. Commissioner Levine moved that the Commission send a letter to the CCCA offering to co-sponsor both of these two events; Commissioner Levine’s motion was approved by a vote of 7-0.

7. COMMISSION BUSINESS:

The MINUTES of the Commission’s January 10, 2005 meeting were approved by a vote of 6-0-1 (Commissioner Fromboluti abstaining as he had not been in attendance at that meeting).
The following CHECKS were approved, all by a vote of 7-0: $51.83 for Verizon (January 5, 2005 bill); $51.81 to Allen Beach (petty cash reimbursement, postage $29.60, supplies $22.21); $119.98 for Chevy Chase Bank (Fed withholding December 2004); $25.00 for ANC Security Fund.
The October- December 2004 QUARTERLY FINANCIAL REPORT was approved by vote of 7-0.
A brief discussion was held concerning procurement of microphones.
Items for the February 14, 2005 Agenda: Further report on BZA hearing on 3112 Legation Street; report on meeting on Comprehensive Plan; report on pedestrian safety; microphone procurement status.
The meeting was adjourned at 8:45 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

_______________________ _________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES of February 14, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Ave. NW, Washington DC 20015. Vice Chair Levine presiding.
Commissioners present: Levine, Fromboluti, Beach, Nolan, Buchholz, and Redmond (Ms. Redmond was absent after the first portion of the meeting).
Absent: Gordon

An audience of some 20 persons was present.

1. Vice Chair Levine announced that ANC 3/4G would be co-sponsoring the CHEVY CHASE CITIZENS ASSOCIATION’S public meetings of February 15 with School Superintendent Janey and March 15 with City Administrator Robert Bobb, and encouraged attendance at both meetings by the ANC Commissioners as well as interested neighborhood residents.

2. The AGENDA was approved by a vote of 6-0, with additions for a report on possible Emergency No Parking Permit rule changes and for a discussion of the issue of higher fines for violations of building codes and stop work orders.

3. Commissioner Redmond then introduced the matter of a request for a special exception to build a 2-car garage at 3010 DANIEL LANE. The homeowners, Joseph and Elizabeth Finnegan and their architect, Brian O’Connell, presented their plans for the new garage to the Commission. Objection to the special exception request was received from adjacent homeowners, Sylvia and Rudolph Block, who raised concerns regarding existing drainage problems that could be worsened by the new structure as well as the obstruction of the view from their property as a result of the garage being constructed. In response, the applicant indicated that a new drainage system would be installed as part of the garage construction that would actually improve the drainage issues at the property. As several Commissioners had questions about the proposal and there is a need for additional factual information to be obtained, the matter was deferred until the March 14 meeting of the Commission.

4. Ms. Nickie Micheli, President of the FRIENDS OF CHEVY CHASE PARK located at 41st and Livingston Streets, next made a brief presentation concerning several new initiatives that are being undertaken or planned at the Park, including improvements to the baseball field, new fencing and the installation of a walking track. The Casey Tree Foundation is scheduled to plant 5 new street trees around the Park this spring.

5. Ms. Martha Thompson, Vice President of the NEBRASKA AVENUE NEIGHBORHOOD ASSOCIATION, accompanied by Ms. Page Chiapella, President of the Association, next requested support from the Commission for a request to be made by the Association for re-paving of the alley that is in a state of disrepair located behind the Sunrise Assisted Living Facility off of Nebraska Avenue. Ms. Thompson cited severe problems with water running down the public sidewalk and the continuous deteriorating condition of the alley surface. Commissioners noted that it appears that the entire alleyway might need to be reconstructed and suggested that the Association send a letter to that effect to DDOT. The Commission indicated that it would follow-up on the situation and would take action on the Association’s request once it has been submitted to the appropriate DDOT officials.

6. The issue of DUMP TRUCKS ON MILITARY ROAD was deferred, in light of Chair Gordon’s absence, as he had been the Commissioner who was in the process of contacting the various construction firms involved in projects in the Friendship Heights area to determine where the trucks were coming from that seem to be appearing on Military Road with some frequency.

7. Commissioner Nolan next provided a brief update on the status of the pending BZA case for a special exception for construction of an addition to a single-family home located at 3112 LEGATION STREET, which the Commission had earlier voted not to support. After some confusion at the last BZA hearing concerning the proposal, the BZA has requested a new survey of the property and has scheduled another hearing on the matter for February 15.

8. Commissioner Fromboluti then reported on the Commission’s SPECIAL COMMITTEE ON THE COMPREHENSIVE PLAN. The Special Committee held an organizational meeting prior to this ANC meeting and has begun its work by listing some of the major items of the Plan that could have an impact upon the Chevy Chase area. These include: the need for more special needs and affordable housing units; proposals for mandatory “inclusionary zoning” to require new affordable housing units to be constructed; new public transportation options; the designation of historic districts; environmental issues including additional trees and upgraded parks; and improvements to Military Road to make it more attractive (like a “boulevard”) with bike paths, etc. Commissioner Fromboluti, who will chair the Special Committee, reported that the process of public review of the Comprehensive Plan has just begun and that initial efforts of the Commission would include the holding of meetings with city planners in the Office of Planning who were involved in developing the Plan. The Commission will invite Ms. Melissa Bird, the new Ward 3 Planner, to one of its future meetings, to discuss the Plan in greater depth.

9. Commissioner Nolan next provided a brief report concerning a recent public meeting held by the PEDESTRIAN SAFETY COMMITTEE of the Chevy Chase Citizens Association. She noted that Neighborhood Watch Block Captains may be asked to survey their respective streets to determine which sidewalks in their areas present safety hazards to those pedestrians.

10. Commissioner Fromboluti then introduced a proposed letter in support of legislation recently introduced by Councilmember Vincent Gray (and subsequently passed by the Council) to INCREASE EXISTING FINES FOR BUILDING CODE AND STOP WORK ORDER VIOLATIONS. He said that the issue of the undertaking of construction or renovation without a permit and at times even in violation of a “stop work order” is a major problem in the Commission’s area as well as in the city as a whole. The Commission, by a vote of 5-0, agreed to the sending of Commissioner Fromboluti’s draft letter to the Council and Mayor supporting the recently-enacted legislation and requesting that it be made permanent; however, the Commission also requested that Commissioner Fromboluti draft an attachment to the letter that would provide some specific examples of the kinds of problems in this regard that have occurred within the Commission’s area. Commissioner Fromboluti’s draft of such examples is posted at the end of these Minutes. (Note: Commissioner Redmond left the meeting at this point in time).

11. Commissioner Fromboluti next raised the issue of the proposed, pending FIRE STATION TEXT AMENDMENT, which the Zoning Commission will be reviewing on March 17. The Amendment would set forth and stipulate some permitted locations where Fire Stations and Fire Department facilities may be located in the District, including, as a matter of right, within any residential zone. Commissioner Fromboluti indicated that this is a concern because such facilities may be incompatible with R1, R2, or R3 zoning. The Commission deferred action on this matter until its February 28 meeting.

12. Commissioner Beach then noted for the Commission’s information that ANC 4A had sent a letter to all Councilmembers opposing a new GROSS RECEIPTS TAX on heating oil and natural gas, the cost of which would be passed on directly to residents by the utilities. The ANC 4A letter noted that with higher energy bills in the winter, the additional tax places an unfair burden on consumers.

13. Vice Chair Levine then provided an UPDATE ON THE STATUS OF REDEVELOPMENT OF THE BROAD BRANCH MARKET. The property has been secured, demolition is underway, and the construction work in general is said to be on schedule. The developer is now in negotiations with an experienced food operator for the market and also with a day care center provider for the upstairs areas to be built. The plan is for all of the work to be completed by the end of the year.

14.Commissioner Nolan next provided a brief report on a recent meeting with DDOT officials concerning proposed new changes and fees for the issuance of temporary NO PARKING EMERGENCY SIGNS within the city. DDOT is planning on issuing a proposed Rule on this subject. The problem is that when such temporary no-parking signs have been issued and erected by DDOT in the past, no reason for the posting of the signs is required (such as construction being undertaken by DDOT or other city agencies, utility work being undertaken by utility companies, scheduling of funeral processions, presidential or dignitary processions, etc.). Therefore, it is difficult for the city to enforce these signs and to know when the emergency situation is occurring and has ended. The new proposal would require that all temporary emergency no-parking signs upon issuance state clearly the reasons why there exists a temporary no-parking situation, including the exact circumstances and timing, and indicating by whom parking is allowed, if any, during such time. Chair Levine suggested that any Commissioners wishing to comment on these proposed changes send their comments directly to DDOT upon its issuance of a proposed Rule.

15. Mr. Block, a resident in attendance at the meeting, commented on the deteriorating conditions on Western Avenue while the road is under construction, including safety aspects of the situation.

16. COMMISSION BUSINESS:

The MINUTES of the Commission’s January 24, 2005 meeting were approved by a vote of 5-0.
The following CHECKS were approved, all by a vote of 5-0: $52.89 for Verizon (February 5, 2005 bill); $111.92 for Chevy Chase Bank (Fed withholding January 2005);
Items for the February 28, 2005 Agenda include: Military Road/Missouri Avenue Transportation Study; Fire Station Text Amendment.
NOTE: THE FEBRUARY 28th ANC MEETING WILL START AT 7:00 PM INSTEAD OF ITS USUAL STARTING TIME OF 7:30 PM. From 7:00 until 7:30 p.m., the Commission will consider Commission Business. Thereafter, the remaining meeting time will consist of two hours allotted for a discussion on the pending Military Road/ Missouri Avenue Transportation Study. Representatives of DDOT will attend and each intersection will be reviewed separately, as time permits.
Items for the March 14 meeting: Special Exception for 3010 Daniel Lane; Special Exception for 5717 Chevy Chase Parkway; proposed stop sign at 31st and Legation Streets; WASA– 3100 block of Oliver Street.
The meeting was adjourned at 9:15 PM.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

_______________________ _________________________
Jerry Levine Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES of February 28, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Ave. NW, Washington DC 20015.

Commissioners present: none
Absent: all

The ANC 3/4G meeting scheduled for February 28, 2005 was postponed due to snow conditions, which closed the Chevy Chase Community center at 5 PM

CHEVY CHASE ADVISORY NEIGBORHOOD COMMISSION 3/4G

Examples of problems related to building code violations within the ANC 3/4G area:

1. 3704 Huntington Street, NW

On November 4, 2002 citizens asked the ANC to consider whether the owner of this property had received zoning approval for converting a garage into a townhouse and whether all necessary building permits had been issued. The ANC forwarded the concern to DCRA, asking them to investigate. On December 4, 2002, the ANC received a letter from DCRA indicating that DCRA had conducted an investigation and found the structure not to be in compliance with the building code. The owner was required to obtain building permits within 14 days. On re-inspection, the owner was cited for not having the proper permits. On January 27, 2003, the ANC followed up on the matter by submitting an additional letter to DCRA again asking DCRA to take appropriate action. On February 21, 2003, DCRA advised that another inspection had been made and again the property structure had been found to not be in compliance with the building code. Further letters were sent on April 8 and May 19, 2003. DCRA responded on May 28 indicating that Mr. Denzel Noble would respond within 7 days, but no response was forthcoming from Mr. Noble. Letters concerning this matter were also sent to DCRA by Councilmembers Fenty and Mendelson. Councilmembr Mendelson was notified on September 11, 2003 that the owner had refused DCRA’s certified letter regarding the violations. On October 27, 2003, DCRA again advised Councilmember Mendelson that they had requested the appropriate District attorneys to obtain an Administrative Search Warrant in order to enter the premises and take necessary enforcement action. On June 10, 2004, the ANC received information that the area of the property in question was merged back into the original dwelling, removing the illegal condition. The work done without a permit, however, was never resolved.

2. 3112 Legation Street, NW

During the summer of 2004, neighbors advised the ANC of the existence of construction work at this address, including extensive excavation, without the necessary permits in place. DCRA inspected the property on several occasions, and issued several stop work orders. Neighbors advised the ANC that despite the issuance of several stop work orders, work was continuing at the property. While permits for some work were eventually issued, DCRA determined that a variance was needed for a side yard requirement in the R-1-B District. Neighbors again reported that work continued at the site even as the BZA set a hearing date for the variance matter for January 18, 2004.

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES of March 14, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Ave. NW, Washington DC 20015. Vice Chair Levine presiding.

Commissioners present: Levine, Fromboluti, Beach, Nolan, Buchholz, and Redmond
Absent: Gordon.

An audience of some 25 persons was present.

1. The AGENDA was approved by a vote of 6-0, with additions. The Chair acknowledged the presence of Mr. Gottlieb Simon of the Office of ANCs and further commented on the Commission’s acquisition of a new microphone system just purchased and being used for the first time, which will provide greater opportunity for all in attendance to adequately hear the proceedings as well as to be heard through the use of a wireless microphone.

2. The Chair then introduced MS. MELISSA BIRD, the new Ward 3 Planner, Neighborhood Planning Division, District of Columbia Office of Planning, who provided brief comments concerning the District’s COMPREHENSIVE PLAN revision process now underway. Ms. Bird had met with the Commission’s special committee on this subject earlier in the evening and the special committee will continue to review the Plan as it develops over the course of the next several months.

3. The Chair next introduced Sgt. Forbes, 2nd District MPD, who provided a short crime report, indicating that during the February 8 to March 8 period, some 32 crimes were committed in the area, including a number of burglaries and thefts from auto. He stated that the PSA 201 (Chevy Chase) police force is now at full strength, that traffic enforcement is being stepped up, and that two FEMA drills had been undertaken.

4. Mr. Neil Cavanaugh of Bryant Associates (consultant under contract to WASA), assisted by Ms. Deidre Saunders (telephone 202-787-2422, e-mail to deidre.saunders@dcwasa.com) and Ms. Beth Weaver of WASA, next made a presentation concerning the upcoming WASA LEAD PIPE REPLACEMENT program for District homes and properties. Mr. Cavanagh indicated that property owners would be provided with several written notifications of the scheduled replacement of lead pipes: 45 days, 2 weeks, 72 hours and 48 hours before any of the actual replacement work is begun. WASA will pay for any and all work that is needed in the area from the street up to the homeowner’s property line (which may in some cases be actually located as much as 15 feet back from the curb). Property owners will be responsible for all lead pipe line replacements located on their property and through the walls into their houses. He indicated that WASA can and would arrange for pipe replacement work to be contracted for on behalf of an owner on his or her property at the rate of $100 per foot plus $500 for house wall penetration. If the homeowner chooses, he or she may contract for such work on his or her own. Pipe replacement work will be done first on those streets that are already scheduled for repaving, so that repaving of the street would not have to be undertaken twice. The work will consist of utility markings, digging of test pit holes (not trenches) and pipe replacement, followed by flushing (homeowners have to pay for the water used for this purpose), sampling and restoration. WASA and its contractors will restore the areas they have worked on within fourteen days after completion of the work in the case of areas from the house to the sidewalk (weather permitting), and within 60 days in the case of work performed in the public space (curb to street). Mr. Cavanagh indicated that the 3100 block of Oliver Street is on the schedule for lead pipe replacement and resurfacing after the work has been completed. Ms. Saunders informed the meeting that there are a number of District programs to assist eligible seniors in paying for the costs of lead pipe replacement (primarily through DHCD) up to an amount of $5,000 for work to be undertaken on an owner’s property. Other programs are also available for low interest loans and long-term repayment plans.

5. Commissioner Redmond then began the discussion concerning the request of Joseph and Elizabeth Finnegan for a special exception to build a two-car garage at property located at 3010 DANIEL LANE (BZA case #17299). Mr. Finnegan, along with his architect Mr. Brian O’Connell, made a presentation covering the various questions that had remained unanswered from the Commission’s February 14, 2005 meeting on this matter. Two of the main issues in the case center upon certain possible drainage problems and the possibility of harm to existing mature trees on the site that might be adversely affected by the construction of the garage at the location desired by the applicants. Mr. O’Connell pointed out that a two-car garage could be constructed on the site as a matter of right, but in a different location closer to both the house and abutting homeowner’s house than their desired location back towards the rear property line. The applicants provided the Commission with copies of letters of support from several neighbors who live near the subject property.

Ms. Rita Johnson, a homeowner whose property line abuts the rear yard of the subject property, spoke in opposition to the granting of the requested special exception, in particular with respect to possible disturbance of two trees at the edge of her property that could suffer damage as result of the placement of the garage in the location requested under the special exception.

Ms. Silvia Block, a homeowner whose property abuts to the north of the subject property, also spoke in opposition to the granting of the special exception, mentioning the drainage and tree problems, as well as the general environmental changes that the building of the garage in the requested location would create. Ms. Block’s husband, Roy Block, also opposed the special exception.
The Chair acknowledged receipt of a letter from Mr. George W. Chappelear, Jr., of Dogwood Street citing concern over an existing drainage problem at this location.

After discussion, Commissioner Redmond moved that the Commission send a letter to the BZA in opposition to the granting of the requested Special Exception. After discussion, the Commissioners voted three in favor (Redmond, Fromboluti, Nolan) and three (Levine, Beach, Buchholz) opposed to Commissioner Redmond’s motion. The motion failed on the tie vote. Commissioner Levine then moved that a letter be sent to the BZA in support of the granting of the requested Special Exception. After further discussion, the Commissioners voted three (Levine, Beach, Buchholz) in favor of Commissioner Levine’s motion and three (Redmond, Fromboluti, Nolan) opposed, so that this motion also failed. Commissioner Beach then moved that the Commission send a letter to the BZA stating that the Commission was able to take no position on the granting of this requested Special Exception (noting the two votes taken) and that Commissioner Redmond is appointed as the representative of the Commission in connection with any and all proceedings on this matter. After discussion, Commissioner Beach’s motion was adopted by vote of six in favor and none opposed.

6. Mr. George Giagtzoglou and his wife, Ms. Sarah Simmons, accompanied by their architect Ms. Kim Samos, next presented their case for the granting of a special exception to allow a side addition to an existing single-family detached dwelling under Section 223, not meeting the side yard (Section 405) requirements in an R-1-B district, for the property located at 5717 CHEVY CHASE PARKWAY, NW (Square 1999, Lot 78). Commissioner Beach noted for the record that his brother lives next door to the subject property. Commissioner Levine indicated that he had inspected the property and that the requested exception to expand an existing side portion was less than one foot on the side yard requirement. After explanation and discussion, during which it was noted that all abutting property homeowners had signed letters in support of the granting of this requested Special Exception, Commissioner Levine moved that the Commission send a letter to the BZA in support of the granting of the Special Exception and that Commissioner Levine be appointed as the representative of the Commission for the purpose of all proceedings in this matter. Commissioner Levine’s motion was agreed to by a vote of six in favor and none opposed.

7. Commissioner Fromboluti then introduced a draft letter to the Zoning Commission regarding a proposed text amendment to the Zoning Regulations that would permit the location of FIRE STATIONS as a matter of right within any zoning district (Case # 04-29). Commissioner Levine proposed some technical wording changes in the draft letter, which were agreed to, and the sending of the proposed letter to the BZA was agreed to by vote of six in favor and none opposed.

8. Mr. John Snyder then spoke about the upcoming 75th anniversary of ENGINE COMPANY NO. 31 (Connecticut Avenue at Fessenden Street), asking if the Commission would formally recognize that event. It was agreed that the Commission would send a congratulatory letter as appropriate, and Mr. Snyder was asked to assist in the drafting of such a letter.

9. Commissioner Fromboluti then presented a letter addressed to DDOT supporting the request of NEBRASKA AVENUE NEIGHBORS to have the alley in Square 1989 repaired and/or reconstructed. After discussion, the sending of the letter was agreed to by vote of six in favor and none opposed.

10. Commissioner Levine next proposed that the Commission send a letter to the City Council fully supporting the AVALON THEATER PROJECT’S pending request for a grant of $1.5 million from the District to be used in connection with its proposed acquisition of the Theater property from the existing owner of the facility. Commissioner Levine explained that the nonprofit Project has the opportunity now to purchase the property in an approximate amount of $3.5 Million, that such acquisition would greatly assist the feasibility of the Project, that the Ben and Jerry’s ice cream store would be included in the sale, and that the ATP is undertaking a capital campaign to raise sufficient funds to cover the remainder of the anticipated acquisition costs. After discussion, Commissioner Levine’s motion to approve the sending of this proposed letter to the City Council was approved by a vote of six in favor and none opposed.

11. COMMISSION BUSINESS:

A) By a vote of 6 – 0, the Commission approved the minutes of the February 14, 2005 public meeting of the Commission; there are no minutes for February 28, 2005 as the scheduled Commission meeting for that date was cancelled when inclement weather caused the Community Center building to close early.

B) By a vote of 6 – 0, the Commission approved the following checks: $50.45 to Allen Beach (petty cash: postage $12.88; Juno renewal $9.95; Metrorail $5.40; supplies/copying $22.22); $1,897.92 to Kevin Danahar (microphone system); $76.89 to Chevy Chase Bank (Federal withholding for February); $52.66 to Verizon (3/4/05 bill); $31.19 to Office Depot (office supplies).
C) For information, a deposit was noted of $8.00 as a refund of workers compensation insurance.

D) Items for the Agenda of the March 28, 2005 Commission meeting include: Military Road/Missouri Avenue Transportation Study (this meeting will start at 7:00 PM with Commission business from 7:00 to 7:30PM).
E) Items for the April 11, 2005 Commission meeting Agenda include: 3600 block of Jennifer Street residential parking permit signs; presentation on the “inclusionary zoning” concept; and January-March Quarterly Financial Report.
The Commission meeting was adjourned at 9:25 PM.
RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:

_______________________ _________________________
Jerry Levine Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G MINUTES OF MARCH 28, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Ave., NW Washington, DC 20015.
Chair Gordon presiding.

Commissioners present: Gordon, Levine, Fromboluti, Beach, Nolan, Buchholz, and Redmond.

An audience of some 60 persons was present. Also present were Mr. Jason Washington of Council Member Fenty’s office and Ms. Michelle Cole of Council Member Patterson’s office.

1. CHAIR GORDON opened the meeting by noting that the DC Auditor’s Report for fiscal year 2004 showed that ANC 3/4G had made $15,225.00 in grants during the fiscal year, the second largest of all grants by ANCs in the District and that the Commission has been able to support community needs while staying well within budget limitation for grants. The community was notified that grant applications for the Spring ANC 3/4G Grant Period should be submitted to the Commission before the end of April, and that the Commission will hear proposals from prospective grantees on May 9th with decisions to be made by the Commission on May 23.

2. The AGENDA was adopted by a vote of 7-0.
Items for the APRIL 11 COMMISSION MEETING include a possible discussion of inclusionary zoning (depending upon the results of outside briefings on this subject and the status of the work of the Special Committee on the Comprehensive Plan); BZA application for a side-yard variance at 3130 Worthington Street; Commission’s decision/resolution on its views concerning the Military Road/ Missouri Avenue Transportation Study; and January-March Quarterly Financial Report.

3. The Commission considered the application of BEN & JERRY’S ICE CREAM STORE for the use of public space at 5612 Connecticut Avenue for outdoor seating consisting of three outdoor tables with two chairs for each table and planter containers to be located on two sides of the area. Ms. Laurie Mittenthal of the Latin American Youth Center, the nonprofit organization that operates the store, presented the matter to the Commission. During the discussion the Commission confirmed with the applicants that: (i) they would place trash containers in and around the seating area; (ii) all umbrellas to be placed over the tables would be heavy duty so as to withstand windy conditions; and (iii) all outdoor furniture in the seating area would be continuously maintained in good repair. After discussion, the Commission by a vote of 7-0 agreed not to object to this application by Ben and Jerry’s for use of public space.

4. Chair Gordon introduced MS. ANITA HAIRSTAN, the new Ward 4 OFFICE OF PLANNING COORDINATOR who will be working closely with Melissa Bird, Office of Planning Coordinator for Ward 3. Ms. Hairstan can be reached at 202-442-7600 or Anita.Hairstan@dc.gov.

5. The MINUTES OF THE MARCH 14 MEETING were approved by a vote of 6-0-1 (Gordon abstaining as he was not present for that meeting).

6. Chair Gordon then turned to the main topic of the meeting, a discussion for an allotted two hours (7:30 to 9:30 p.m.) of the MILITARY ROAD/MISSOURI AVENUE TRANSPORTATION STUDY. The Chair acknowledged the presence of, and thanked for their attendance, DDOT officials Mr. Ken Laden, Mr. Damon Harvey, Mr. Doug Noble, Ms. Samira Cook, and Ms. Ann Simpson-Mason. In addition, in attendance were a number of community residents interested in this issue, including members of the Military Road Alliance and its representative, Ms. Anne Renshaw.

The Chair stated that the purpose of the meeting was to hear community views on DDOT’s Military Road/Missouri Avenue Transportation Study and its recommendations. No vote by the Commission would be taken at this meeting, but the Commission would listen to views of the residents of neighborhoods affected by the Study and would consider those views in making its own determinations in this matter. The Commission intends to hear motions on the Study and make its final decisions on recommendations to DDOT at its next meeting, April 11.

7. Chair Gordon indicated that a number of Military Road issues, such as traffic, speeding, safety, trucks, and neighborhood access to Military Road from other streets, had all been heard by the Commission many times before and that the focus of this meeting would relate solely to the specific recommendations contained in the DDOT study. The Chair then outlined the plan for discussion of this matter: first, an intersection-by-intersection consideration and comments on specific DDOT recommendations for each such intersection of Military Road, starting at Rock Creek Park and ending at 41st Street; second, a discussion of the larger issues of the study, as for example the DDOT proposal to change from a four lane to three lane configuration for certain sections of the Road, and the recommendations for “self-actuated” street lights; third, comments by DDOT representatives and community groups; and fourth, comments by Commissioners.

8. Finally, Chair Gordon asked that considerable courtesy be extended to the DDOT officials as public servants, who were attending the meeting on their own time.

9. Enlargements of the DDOT intersection-by-intersection maps of the entire stretch of Military Road containing specific DDOT proposals for each intersection were posted on the walls of the meeting room to enable citizens to familiarize themselves with the recommendations of the Study.
10. Commissioner Nolan, whose single member district includes the portions of Military Road from 27th Street to Chevy Chase Parkway, noted that several Military Road intersections were not included on DDOT’s map but that nevertheless, comments on the missing intersections would be taken. She then asked for, and the Commission received, community comments from the affected citizens as to each intersection, as follows:

27th Street: Mr. Mark Peterson questioned which side of Military Road the bus would stop on. He also noted that there was room for a bike path that would enhance pedestrian safety.

28th, 29th, and Jennifer Streets: Ms. Lauren Howard commented that the primary concern of residents was being able to access Military Road from these neighborhood streets and that the proposal of DDOT to eliminate the traffic light at 30th Street would only make accessibility worse. She asked that the light at that location be retained. She further questioned the usefulness of the proposed semi-actuated lights. Commissioner Nolan also noted that at 28th and 29th Streets, there are blind entrances onto Military Road and that mirrors should be installed to assist motorists in making turns from those streets onto Military Road.

30th through 31st Streets: Dr. Darrell Stephens commented that the current timing of the existing traffic lights at these intersections was necessary to allow vehicles to exit from his driveway and that the proposed semi-actuated lights would likely cause a traffic back-up on Military Road.

Mr. Kevin Mulshine, representing members of Temple Sinai, asked that the parking stripes not be removed on Military Road because parking on Military Road was essential for the Temple, especially on High Holy Days. He also noted that the pick-up and drop-off for classes at the Temple often cause cars to back up on Military Road from the Temple’s driveway and that the road side parking stripes are necessary in this regard.

Mr. Peter Heck, the Executive Director of the Ingleside facility on Military Road, criticized the aspect of the DDOT Study that recommends a change in lane configuration from 4 to 3 lanes, since it would negatively affect traffic flow near his facility; he stated that the installation of speed cameras at 27th and 30th Streets would promote pedestrian safety and alleviate speeding, especially for residents trying to cross Military. Mr. Heck also opposed removal of lights or altering the timing of lights.

32nd Street: Mr. William Bennett noted that it would be difficult for vehicles to turn onto Military Road from 32nd Street with a semi-actuated light.

Nebraska Avenue to Nevada Avenue: Mr. Charles Meade of Rittenhouse St. raised the issue of a potential increase in cut-through traffic (including possibly trucks) coming off of Military Road into the neighborhood if the DDOT plan creates more congestion on Military Road, specifically by reducing four lanes to three. Commissioner Nolan requested that DDOT re-paint the parking spaces in this area this Spring.

Nebraska Avenue to Chevy Chase Parkway: Dr. Jean Toth raised the issue of parking on the south side of Military, and made a recommendation for additional parking striping because oncoming traffic has caused accidents to those cars parked on this side of the road;

Military and Chevy Chase Parkway: Commissioner Levine commented on the dangerous nature of this intersection for vehicles making turns off of Military or trying to cross Military and suggested that DDOT consider what can be done here, including possibly a traffic light or stop sign. Commissioner Nolan suggested that DDOT consider removing some parking spaces and restriping in order to increase visibility here. Ms. Mary Rowse opposed a stop light or stop sign at this location.

11. Commissioner Fromboluti, representing the single member district that includes Military Road from Chevy Chase Parkway to 41st Street, moderated the discussion on this section of Military Road, during which Ms. Simone Frank opposed the proposed 150 foot long right turn lane on the south side of Military Road which would eliminate heavily used parking spaces in front of residences which do not have off street parking.

12. Commissioner Buchholz then raised questions regarding the area near St. John’s School, including the need for a left turn street light on Military, going east, to take traffic into the school; he also mentioned the need for the posted speed limit signs to be consistent at 25 mph on both sides of Military Road at Oregon Avenue. He also noted that a larger “photo enforced” speed sign reminder would be helpful here.

13. Commissioner Fromboluti commented that he supported Ms. Frank in opposition of the proposed 150 right turn lane. Additionally, he requested that the existing traffic light at 41st Street and Military Road be reset, as suggested by DDOT without waiting for implementation of the other Military Road changes because it is causing large traffic back-ups which often extend all the way to Wisconsin Avenue. He also commented on the need to find a satisfactory resolution of the exiting access issue on 28th and 29th Streets onto Military Road under the DDOT plan.

14. On the larger issues relating to the Study, many residents expressed their opposition to the DDOT recommendation to decrease the lanes from four to three for a portion of Military Road (from Oregon Avenue to Nebraska Avenue). Most comments centered upon the possible negative impact on the some 540 buses per day that use Military, the potential for traffic to divert into the residential neighborhoods if Military Road traffic is reduced due to the new lane configuration, and general concerns on the issue of the use of semi-actuated traffic lights that some neighborhood residents feel might adversely impact them in trying to get out of their neighborhoods onto Military Road.

15. Commissioner Nolan commented on the difficulty of merging traffic on Military with a new lane configuration (which she believes is different than on Reno Road, which does not have buses or trucks and carries lower volume of traffic), the need for emergency vehicles to move quickly on the Road, and to make turns such as that to and from Ingleside. She also said that the cost of speed cameras and mirrors would be far less than the full scale recommendations proposed by DDOT, and asked whether DDOT would reverse any of the devices if they do not prove to work in practice once installed. Ms. Nolan also asked about a detector at 29th Street that would trigger the light at 30th Street to go red (DDOT replied that this could be feasible).

16. Ms. Anne Renshaw said that the study of the problems of Military Road had begun many years ago and that the main objective of the Military Road Alliance members is speed reduction, which could be achieved by the installation of fixed speed and radar machines in several places rather than the need to go to the expense of reconfiguring the Road.

17. Ken Laden, DDOT official, then provided a preliminary response to the concerns raised at the meeting. Mr. Laden stated that the main goal of the recommendations of the Military Road Transportation Study was to find a way to move traffic more efficiently through the corridor, ensuring safety while balancing the right of the affected community to have reasonable access from their homes and streets out onto Military Road. He said that the 4-to-3 lane re-configuration is being recommended because DDOT strongly believes it will curb excessive speeding, decrease the noise of traffic, facilitate left turns from Military Road with the new center turn lane, and not significantly delay or impede the stream of traffic in the corridor. He said that the new center turning lane would remove the confusion about the purpose of the left lanes that presently exists – whether they are for through traffic or for left hand turns. Crashes have resulted due to such confusion. Mr. Laden stated that the new configuration would allow for a steady volume of traffic moving within posted speed limits, especially with correct timing of semi actuated lights and removal of some lights. He said that new striping on the roadway would allow for buses to turn off to the right to drop off and pick up passengers.

18. Contrary to certain statements made at the meeting, Mr. Laden said the cost of implementing the Study recommendations would be far less than the quoted three million dollar figure. He said that he and his staff would take all of the comments received at the meeting from the neighborhood residents and Commissioners into account and that he would get back to the Commission by April 15 with responses to specific questions about the semi-actuated lights and the proposed lane changes. Mr. Laden said that any re-striping of the roadway that DDOT installs to change the lanes down to three from four could easily be reversed if it turns out after a trial period this year that the new configuration does not move traffic more efficiently on the Road.

19. Mr. Doug Noble of DDOT also answered several questions about how the semi-actuated lights would work, noting that the lights would be more reliable than present lights, can be pre-set, would provide more turning time, and would be triggered by both traffic wanting to turn onto Military from the side streets as well as by pedestrians.

20. Councilmember Adrian Fenty then addressed the meeting, telling residents that he hopes that any of the many DDOT recommendations that are implemented would smooth the flow of traffic on Military Road and also increase safety. He said that he fully understands the significant concerns of the neighborhood on this matter and that he would be available to work with residents and the Commission, as well as with DDOT, to reach solutions that would improve traffic flow on Military Road.

21. Chair Gordon then indicated his support for a trial period for the proposed lane reconfiguration. Commissioner Beach, citing the example of Reno Road where a similar lane change had occurred, voiced his concern about the possible increase in traffic cutting through neighborhood streets were a lane reduction to occur. He said that the lane reductions on Reno Road might have caused a reduction in the volume of traffic on Reno Road, but unlike Military Road where there are many cut off options to find a way east or west, the alternatives to using Reno Road are basically only two, Connecticut Avenue or Wisconsin Avenue. Commissioner Nolan also expressed reservations regarding both the lane changes and the semi-actuated traffic lights, preferring simpler and less expensive solutions (such as speed cameras and mirrors) to deal with the speeding and turning problems. Commissioner Buchholz noted that he had not heard anything good about the Study from his constituents.

22. The Commission thanked DDOT staff once again for taking the time to be at this meeting and for spending such great amount of time to work with the community on the many issues surrounding the Military Road Transportation Study.

The Commission meeting was adjourned at 9:30 PM.

RESPECTFULLY SUBMITTED

CHAIR SECRETARY
___________________ __________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF APRIL 11, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Ave., NW Washington, DC 20015.
Chair Gordon presiding.

Commissioners present: Gordon, Levine, Fromboluti, Beach, Nolan, Buchholz, and Redmond.

An audience of some 40 persons was present.

1. The AGENDA was adopted by a vote of 7-0, with a few minor additions.

2. Sgt. Charles Forbes of MPDC reported that PSA 101 is now up to full strength of 23 officers, that crime in the PSA is down 30 percent from a year ago, and that the Police Department has begun its Spring Crime Initiative.

3. Commissioner Redmond introduced the matter of a request for three Special Exceptions from lot occupancy, side-yard and open court requirements for property located at 3130 WORTHINGTON STREET, NW. The applicants Ronald and Katherine Stewart and their attorney Stephen A. Gell explained that the difficulty in building the two desired additions to their home is in large measure due to the triangular, irregular shape of the lot. The Applicants presented a petition from neighbors all of whom support the application; no opposition has been voiced. No adverse impacts (air, light, privacy, etc.) to the proposed two additions have been indicated. After discussion, upon motion of Commissioner Redmond, the Commission, by a vote of 7-0, agreed to send a letter to the BZA supporting this application for three special exceptions. The Commission further designated Commissioner Redmond at its representative for all purposes of the BZA hearing, to be held on this matter on approximately May 17, 2005.

4. Commissioner Fromboluti next led the Commissioners in a discussion of the issue of RESIDENTIAL PARKING PERMITS FOR THE 3600 BLOCK OF JENNIFER STREET, NW. Several residents have complained that parking restriction signs limiting parking on the block to two hours for any vehicles other than those having RPP stickers have suddenly been installed by DDOT without any prior notice to the residents of the block. Apparently residential parking restriction status for the block had been established in 1990 by DDOT, but signs indicating that the block has been designated as an RPP zone had never been erected. The issue arose recently when a resident of the block attempted to obtain a residential parking permit questioned whether that was necessary since there were no signs posted on the block, and was told that in order to obtain the permit, RPP zone signs needed to be first posted on the block. She then requested that such signs be erected and DDOT, after an approximate one year delay, recently installed them without notice to any residents. A number of residents who are opposed to the posting of the RPP signs appeared at the meeting and noted that adoption of a RPP zone designation for the block would result in the vehicles of caregivers who work in the area being ticketed when they park on the street for more than two hours. They also strongly objected to DDOT erecting the signs suddenly without any prior notice to or consultation with the residents of the block. Some residents who favor the RPP zone designation for the block also attended the meeting and stated that they believe the system would prevent commuters from parking on their street and also noted the high desirability of the RPP stickers that permit parking anywhere within Ward 3. After discussion, the Commissioners, by a vote of 7-0, agreed to send a letter to DDOT requesting a report on the history of this matter, including an explanation from DDOT as to why residents had not been notified in advance, as required by DC law, that the new RPP zone system signs were about to be erected on the block. Commissioner Fromboluti further noted that this issue should be more thoroughly discussed amongst all of the affected residents, after which any interested citizens may submit further requests and/or petitions to the Commission for further action.

5. Chair Gordon next introduced the subject of the MILITARY ROAD/MISSOURI AVENUE TRANSPORTATION STUDY. He began the discussion by providing some of the long history and background to this matter. He noted that the Study was completed in April 2004 and that it has been the subject of several Commission meetings since that time. The Chair then introduced a joint motion prepared by him and Commissioner Nolan (“Motion #1”) for discussion and action. Motion #1 was a motion of the Commission concurring with most aspects of the Study plan but adding a number of specific critical improvements being requested by the Commission of DDOT in this matter. Upon request of other Commissioners, the Chair accepted a number of friendly amendments to the draft Motion #1. After discussion, including both Commissioners and neighbors in attendance at the meeting, the joint “Motion # 1 passed by a vote of 7-0. A copy of Motion #1 as further amended (see next paragraph of these Minutes for further explanation of additional amendments) follows these Minutes below.

The Chair then introduced his “Motion #2” which would express the Commission’s concurrence in the DDOT proposal to re-stripe portions of Military Road from 27th Street to Nebraska Avenue in order to reduce from four to three lanes and create a middle turning lane in both directions on that part of the Road. Commissioner Nolan introduced a substitute motion under which the Commission would oppose the lane change proposal until such time as DDOT was able to satisfactorily resolve certain “unanswered concerns” such as problems with buses stopping along Military Road, emergency vehicle access and service vehicles parking issues. Commissioner Nolan’s substitute motion failed for lack of a second. The Chair then moved to defer action on his Motion #2 until after a vote was taken on the previous joint Motion #1. The Chair then moved for reconsideration of Motion # 1, which passed by a vote of 6-1 (Nolan in opposition). Commissioner Levine then moved to amend Motion # 1 to incorporate all of the previous Motion #2. Commissioner Buchholz requested an addition to the motion that would insert a request that DDOT begin the westbound convergence of four lanes to three at Oregon Avenue instead of at 27th Street. Commissioner Buchholz’s proposed insertion to the motion was accepted. After additional discussion, the consolidated Motion was adopted and approved by a vote of 6-1 (Nolan in opposition). A copy of the final Motion as passed by the Commission follows these Minutes below.

6. Commissioner Fromboluti, along with Commissioner Levine, then began a discussion of the issue of MANDATORY INCLUSIONARY ZONING, a concept contained in a proposed “text amendment” now pending before the Zoning Commission. The amendment would seek to revise the District’s Zoning Code to insert new affordable housing goals and provisions to require that all newly constructed or substantially rehabilitated housing developments of 10 or more units, both rental and homeownership (such as condominium) communities and projects, set aside a certain percentage of the units for residence by low and moderate income residents. As an incentive and in return for the decreased economic return for such restricted units, the amendment proposes to grant builders and developers certain density bonuses and permit reduced parking requirements to apply to such developments. Commissioner Levine introduced a motion under which the Commission would endorse the concept of Mandatory Inclusionary Zoning in general, list the specific items of the proposed text amendment as to which it is in agreement, and then go on to list certain specific items of the text amendment as to which it chooses to reserve judgment. After discussion, including comments from two people in attendance at the meeting who are familiar with this subject and who support the concept, the Commission approved Commissioner Levine’s motion by a vote of five in favor (Gordon, Levine, Fromboluti, Redmond, and Nolan), one opposed (Buchholz) and one in abstention (Beach). A copy of Commissioner Levine’s motion follows these Minutes below. The Commission agreed to send a letter to the Zoning Commission and Office of Planning setting forth its position in this matter and transmitting a copy of its adopted resolution.

7. Commissioner Beach next provided an explanation of certain proposed reforms to the existing D.C. PUBLIC SPACE COMMITTEE. He indicated that the composition of the Committee is proposed to include six representatives from the District government, five non-government members, one at large member and only one representative for all the ANCs in D.C. He proposed and moved that the Commission request that four ANC Commissioner representatives be appointed as members of this Committee instead of just one as currently contained in the reform proposal. After discussion and by a vote of 7-0, the Commission agreed to send a letter to DCRA requesting such four ANC representatives on this Committee.

8. Commissioner Buchholz then provided a brief report of a recent meeting with Ms. Andrienne Coleman, Superintendent of Rock Creek Park, Council Member Adrian Fenty, and interested members of the community regarding the issue of the increasing number of DEER IN THE PARK and surrounding areas. The National Park Service is able to seek to exert control over the deer population only within the actual boundaries of Rock Creek Park itself. At the meeting, Ms. Coleman indicated that the NPS believes there are now over 200 deer and three coyotes within the Park. Ms. Coleman also noted that the general management plan for Rock Creek Park would be issued later this spring.

9. After brief discussion, the Commission by a vote of 7-0, next agreed to reaffirm and reconfirm its previous resolution of March 2004 in strong support for the earliest possible enactment by the City Council of SMOKE FREE DC Workplace legislation. The Commission will notify interested groups of its continued support for this proposed change in DC law to protect the health of citizens.

10. COMMISSION BUSINESS:
a. The minutes of the March 28 meeting were approved by a vote of 7-0.
b. Checks for $76.89 to the Chevy Chase Bank (Federal withholding March 2005); and $70.00 to the Postmaster (rental box) were both approved by a vote of 7-0.
c. The Quarterly Financial Report January- March 2005 was approved by a vote of 7-0.
d. Letters to be sent to: the BZA regarding 3130 Worthington Street; DDOT regarding residential parking signs on the 3600 block of Jennifer Street; DDOT regarding the Military Road/Missouri Avenue Transportation Study; DCRA regarding the Public Space Committee –Reform Proposal; and Zoning Commission and Office of Planning regarding inclusionary zoning text amendment; and to the DC Office of Auditor regarding the Commission’s Quarterly Report.
e. Commissioner Levine announced that the Annual Green Meeting of the Chevy Chase Citizens Association would be held on April 19 at 7:30 PM.

The Commission meeting was adjourned at 9:30 PM.
RESPECTFULLY SUBMITTED
CHAIR SECRETARY

____________________ ___________________
Robert Gordon Allen Beach

April 17, 2005

Mr. Dan Tangherlini
Director, DC Department of Transportation
2000 14th Street, NW, 6th Floor
Washington DC 20009

RE: DC Department of Transportation “Military Road/Missouri Avenue Transportation Study.”

ANC 3/4G, by a vote of 6 to 1 (a quorum of four being required and present), after numerous public meetings, hearings, discussions, and careful consideration, concurs with most of the improvements offered by the DC Department of Transportation “Military Road/Missouri Avenue Transportation Study.” We wish to strongly recommend the following critical improvements to the DDOT list:

• Install advanced 4-way turning signals at Military Road and Connecticut Avenue.
• Install semi-actuated left-turn signals in the eastbound direction at Military Road and 27th Street and Military Road and Oregon Avenue, to facilitate northbound turning.
• Install a traffic detector at 29th Street that actuates the traffic lights at 27th and 30th Streets.
• Install a traffic detector at 30th Place for buses, so that the lights at 30th Street and 31st Street will go red at the same time.
• Install a traffic detector at the driveway next to 3014 Military Road, so that the lights at 30th and 31st Streets will go red at the same time.
• Install a mirror at 28th Street so that drivers exiting 28th Street can observe better the eastbound traffic.
• Install speed cameras as may be necessary.
• Develop and implement measures to ameliorate the problem of bus traffic and the consequent traffic congestion behind stopped buses.
• ANC 3/4G has considered the issue of re-striping the portion of Military Road from 27th Street to Nebraska Avenue. We concur with the proposed improvement to convert from 4 lanes to 3 lanes, including the creation of a new center turning lane, with the following caveats:

(a) DDOT satisfactorily addresses the problem of buses stopping along Military Road and the congestion that will occur behind them.
(b) DDOT offers satisfactory solutions to the problem of emergency vehicle transit during rush hour periods when all three lanes are in use.

(c) DDOT addresses the problem of service vehicles such as postal trucks, moving vans, utility trucks (telephone, cable, electrical, etc.) and where they will park while conducting business along this extended stretch of road when no off street parking is available.

(d) The convergence from four to three lanes on Military Road going westbound should begin at Oregon Avenue and not at 27th Street.

• DDOT will issue a report at the end of the 90-day trial period (90 days from the installation of the improvements) and issue a final decision regarding whether the measures will remain or be rescinded, subject to further ANC review and approval at such time.

Furthermore, ANC 3/4G opposes the following measure:

The removal of any traffic signal that is already in place, and/or the conversion of any traffic signal to flashing yellow lights from its current status. Instead, we support converting the traffic lights at 30th Street, 31st Street and 32nd Street to semi-actuated traffic lights. Such traffic lights, we believe, should be able to be actuated by either traffic vehicles and/or pedestrians.

Respectfully

Robert Gordon, Chair
ANC 3/4G

Cc: Councilmember Kathy Patterson
Councilmember Adrian Fenty
Mr. Kenneth Laden, DDOT
Mr. Damon Harvey, DDOT
Ms. Samira Cook, DDOT

ANC 3-4G
The following is a resolution adopted by a vote of five in favor, one opposed and one in abstention (a quorum of four being required and present) by the Commissioners of ANC 3-4G (the “Commission”) on April 11, 2005:
Resolution
RECITALS:

1. A text amendment has been filed with the Zoning Commission in Case No. 04-33 to establish a Mandatory Inclusionary Zoning Overlay district in the District of Columbia which is designed
to increase affordable housing opportunities for low and moderate income residents residing in or wishing to reside in the District.

2. The experience in other U.S. cities in which it has been tried indicates that the Mandatory Inclusionary Zoning overlay concept, once implemented, results in a beneficial effect of increasing the production of low and moderate income housing units within the jurisdiction having this type of zoning.

3. The Mandatory Inclusionary Zoning concept once implemented also permits expansion of both rental housing as well as homeownership opportunities. The concept is flexible enough to encompass both forms of housing. Production of additional homeownership housing in the District with a long-term affordability feature for low and moderate income families would promote the stability of residential neighborhoods and over time, assist homeowners in achieving higher savings and standards of living.

4. The inclusionary zoning concept would also foster the production and expansion of mixed income residential communities within the District of Columbia, serve to preserve and maintain residential neighborhoods without additional economic cost to the District, counter the effects of displacement due to “gentrification” and diversify housing choices so as to provide low and moderate income citizens throughout the District with new affordable housing units to rent or purchase within the city.

5. Additional affordable housing units that would be produced through the Mandatory Inclusionary Zoning concept would help to attract and retain businesses in the District, which in turn would help sustain the District’s continued economic development.

NOW THEREFORE, the Commission hereby resolves to express its strong support, on a preliminary basis and subject to further review upon receipt of the final form of specific legislation to be introduced on this matter, for the establishment of a Mandatory Inclusionary Zoning overlay zone in the District of Columbia as a tool for increasing affordable housing opportunities for low and moderate income residents of our city.
The Commission further supports the following specific aspects of the Mandatory Inclusionary Zoning concept and proposal:

A. The mandatory nature of this zoning concept.
B. The inclusion of both homeownership and rental housing over ten units.
C. Affordable housing set-aside percentages at some levels, which are lower for substantial rehabilitation than for new construction.
D. Reasonable and appropriate developer incentives of some kind, sufficient to encourage participation by developers.
E. Income targeting restrictions set at appropriate levels, adjusted for family size.
F. A lottery system for household selection.
G. Recertification of income by residents at least bi-annually.
H. Provision of new or rehabilitated on-site affordable housing units where possible but allowance for off-site construction where feasibility or other circumstances so require.
I. Payment of funds into the Housing Production Trust Fund as an alternative in appropriate cases.
J. Design standards for inclusionary units.
K. Appropriate long-term affordability control periods that are reasonably acceptable to private developers, so as to provide incentives for participation.
L. Administration and enforcement by the DHCD agency in the District.

The Commission reserves judgment on the final form of any legislation or other final proposal as well as the following specific aspects of the Mandatory Inclusionary Zoning concept and proposal:

i. The grant of any possible developer FAR bonuses or decreased parking requirements, both of which are of significant concern to the Chevy Chase neighborhood represented by the Commission.
ii. The exact percentages of set aside units.
iii. The exact levels of affordability for Area Median Income standards.
iv. Any first right to purchase or rent inclusionary units.
v. The factors that would permit off-site construction of affordable units or election to make alternative payments into the Housing Production Trust Fund.
vi. The exact design or construction standards.
vii. The length of the affordability control periods.
viii. Any split of proceeds from the sale of homeownership units.
ix. Any method to control rental rate increases for affordable rental units.
x. Such other matters as the Commission decides in its discretion to reconsider upon receipt of the final form of legislation or other final proposal for Mandatory Inclusionary Zoning in D.C.

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF May 9, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon presiding.

Commissioners present: Gordon, Levine, Fromboluti, Beach, Nolan, and Buchholz.
Absent: Commissioner Redmond.

An audience of some 25 persons was present.

The AGENDA was adopted by a vote of 6-0, with the agreement to make several additions as follows: discussion of the new street cleaning signs along Connecticut Avenue; the presence of a large police van during evening rush hours on neighborhood streets; and several information items added to the “Commission Business” section of the Agenda.

Commissioner Nolan introduced the matter of a Special Exception from District side yard zoning requirements for a property located at 5469 31ST STREET, NW. The applicant, Ms. Liz Prestridge, and her architect, Mr. Thomas Ahmann, appeared and explained that due to a question of interpretation of zoning regulations by the Zoning Administrator, a special exception was being sought for the building of a large outdoor deck to the property line of their property. The applicant presented a petition from neighbors, all of whom support the application. The applicant’s next-door neighbor, Ms. Ronnie Ahern, who would be most affected by the proposed deck, was present at the meeting and also provided her full support to the proposal. The proposed deck construction would not interfere with air, light, or the privacy of neighbors. After discussion, upon the motion of Commissioner Nolan, by vote of 6-0, the Commission agreed to send a letter to the BZA supporting this application for a special exception. The Commission further designated Commissioner Nolan as its representative for all purposes of the BZA hearing, to be held on this matter on approximately July 19, 2005.

Commissioner Beach next introduced the proposed DC Council Bill #16-36 entitled “PROTECTION OF ADVISORY NEIGHBORHOOD COMMISSIONERS FROM INTIMIDATION AND ASSAULT ACT OF 2005”. This bill will be the subject of a DC Council round table hearing on May 24. Commissioner Beach provided some background on the proposed legislation. During the discussion that followed, Commissioner Nolan noted that at her orientation meeting for new Commissioners, she had learned that several incidents of alleged intimidation of ANC Commissioners had been reported. Commissioner Beach reported that to his knowledge, only one incident had occurred (in another ANC) that was directly related to alleged intimidation of a Commissioner during the performance of official Commission business. After further discussion, with Commissioner Beach reserving the right to introduce a motion of support for the bill in the future, the Commission decided to defer the issue for the present and reconsider it at a future Commission meeting subsequent to the May 24 Council hearing on this matter.

Oral presentations for pending ANC GRANT APPLICATIONS (Spring round) were then made on behalf of the following organizations: Friends of Chevy Chase Library; The Chevy Chase Citizens Association (3 grants requested); Wilson Senior High School PTA; Friends of Chevy Chase Park; Lafayette Home and School Association; and Historic Chevy Chase DC. The total requested for the eight grant requests for this round is $8,170. On the subject of grant amounts in general, Chair Gordon noted later in the meeting that although the Commission wants to be generous with grants to the community, the Commission needs to budget for grant allocations responsibly and thus he asked that information be assembled to reflect the rate of outflow of grant funds from the Commission’s budget for each of the last several years as well as the affect of such recent year outflows on the level of funds remaining in the Commission’s reserve fund.

Chair Gordon then introduced two issues being raised by a local business establishment: NEW STREET CLEANING SIGNS AND THE PRESENCE OF A POLICE VAN on Connecticut Avenue and other nearby streets during the evening rush hours. Mr. Peter Gouskos, owner of the Parthenon Restaurant on Connecticut Avenue, appeared and reported that “no parking” signs had recently been posted suddenly, without any public notice, for street cleaning of Connecticut Avenue for one night a week between 10PM and 5AM. He said that many patrons of his restaurant are unaware of the new parking restrictions (and also generally unable to even see the newly-posted signs that are often obscured by large trees on the Avenue), and are unfairly being ticketed promptly at 10 PM, which has an adverse effect on his business. He further brought to the Commission’s attention that a large police van (marked as an alcohol testing vehicle) is currently parking often on Connecticut Avenue opposite to his establishment during the evening rush hours, which causes significant traffic problems for outbound drivers. After discussion of the no parking issue and upon motion by Chair Gordon, the Commission, by a vote of 6-0, agreed to send a letter to DDOT requesting that the agency replace the newly-posted signs with ones that would make the no parking time from 1AM to 5AM, noting specifically that the present 10PM for the start of street cleaning activity on the Avenue is too early a cutoff and is causing an adverse affect on businesses along that area of Connecticut Avenue. The letter would specifically ask DDOT to institute a 1AM start for the street cleaning. With regard to the issue of the police van, Commissioner Nolan stated that this was a dedicated police van for the Chevy Chase community provided in response to continual neighborhood concerns about speeding in our area. It is equipped with radar to detect speeding on various major roads in the area, including Military Road and Nebraska Avenue as well as Connecticut Avenue. She explained that each month, as public safety director of the Chevy Chase Citizens Association, she meets with Second District police officers to discuss where the police department should install radar detectors in our area and at what times. After discussion, the Commission decided to invite Lt. Lockerman of the Second District Police Department to discuss this issue further at the next Commission meeting.

Commissioner Beach next reviewed and discussed the issue of the establishment of new TREE AND SLOPE OVERLAY ZONING DISTRICTS, in part due to a request by Mr. Ralph Block of Daniel Lane, who appeared at the meeting and requested that the Commission consider this matter. Commissioner Beach pointed out that the Forest Hills ANC (3F) has been working towards obtaining approvals for such an overlay zoning classification for parts of the Forest Hills neighborhood for the last several years. He further indicated that he supports, in general, the concept of such tree and slope overlays, but wants to wait until the ANC 3F overlay process has been completed before undertaking any possible consideration of this issue or action for the Chevy Chase neighborhood. The ANC 3F process is a pioneer effort that has been somewhat controversial, and there have apparently been some substantial delays by the Zoning Commission in scheduling and conducting any public hearings on this subject. Within the ANC 3F area itself, apparently there are many residents who support and many others who oppose the slope overlay concept. Commissioner Fromboluti indicated that in his view, there is more to the overlay issue than just the protection of trees and slopes, as the zoning concept may also impact upon setback and other land use and zoning requirements and that the issue keeps evolving as it is being considered in Forest Hills. Commissioner Beach indicated that he would follow the issue as it proceeds in ANC 3F and report back to the Commission on further developments.

COMMISSION BUSINESS:
a) Minutes of the April 25, 2005 public meeting were approved by a vote of 6-0.
b) The following check was approved by a vote of 6-0: $125.26 (Federal withholding, April).
c) Items for the May 23, 2005 ANC Meeting Agenda: vote on eight pending grant proposals; discussion of the police van on Connecticut Avenue; possible traffic calming measures for Aberfoyle Street NW; proposed stop sign at Tennyson Street and Oregon Avenue; house design at 3217 Aberfoyle Street NW.
d) Letters to be sent: BZA re 31st Street and DDOT re no parking signs.
e) Chair Gordon remarked about the continuous and increased number of trucks on Military Road due to construction activity at Friendship Heights.
f) Commissioner Levine wanted to express the thanks of the Commission to the Chevy Chase Citizens Association for the recent, quite successful public meetings with Superintendent Clifford Janey and City Administrator Robert Bobb that were co-sponsored by the Citizens Association and the Commission; he also said that he hoped such cooperation for the benefit of the neighborhood would continue in the future.
g) Commissioner Nolan announced the May 17th meeting concerning crime with Second
District police officers sponsored by the Citizens Association.

The Commission meeting was adjourned at 9:30 PM.
RESPECTFULLY SUBMITTED
CHAIR SECRETARY
—————– ——————–\
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF May 23, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon presiding.

Commissioners present: Gordon, Levine, Fromboluti, Beach, Nolan, Buchholz, and Redmond.

An audience of some 25 persons was present.

The AGENDA was adopted by a vote of 7-0, with the agreement to make several additions as follows: presentation by a representative of the American Cancer Society concerning pending DC Council legislation to require SMOKEFREE WORK PLACES in the District; the status of DDOT’s consideration of installing TRAFFIC SIGNALS at CONNECTICUT AVENUE and MORRISON STREET; and updates concerning recent Ward 4 and Ward 3 Transportation Policy Committee meetings, street closings for block parties, and the status of alley repair work.

Commissioners Buchholz and Redmond next raised the issue of TRAFFIC CALMING for ABERFOYLE STREET, noting that complaints have been received from the street’s residents about speeding on the street and an increase in cut through traffic (as well as a pet having been hit by a vehicle). The Commission recommended that residents of that street who may be interested in applying for traffic calming draw up a petition to request a DDOT study concerning the need for traffic calming measures for the Street and submit it to the Commission for consideration.

Commissioner Beach then read the relevant parts of a letter the Commission had received from DDOT dated May 11 in regard to the need for installation of all-way STOP SIGNS at the intersection of OREGON AVENUE AND TENNYSON STREET. The DDOT letter states that: “All-way stop signs are normally installed at locations where pedestrian and vehicular traffic volumes are relatively heavy on both streets over a daily ten-hour period. This type of control is used where there have been a sufficient number of accidents of the type susceptible to correction by the installation of a stop sign. The study results indicate that this intersection is in good physical condition and none of the required conditions exist to qualify for the all-way stop control.” Commissioner Buchholz noted that he had spoken to a resident, Mr. Bob Diamond, a former ANC Commissioner, who had cited traffic problems associated with ingress and egress to and from the Knollwood facility’s entrance onto Oregon Avenue. Chair Gordon asked that residents concerned with this issue continue their work and report back to the Commission if further substantiation is obtained for the stop sign.

Concerning an issue from previous meetings of the Commission — the issue of a RAISED CROSSWALK at RITTENHOUSE STREET and 32ND PLACE — Commissioner Beach next read the relevant parts of a letter dated May 11 received by the Commission from DDOT on this subject. The DDOT letter stated in part: “DDOT has continued to monitor the 3200 block of Rittenhouse Street, NW. After additional monitoring and speed data collection and in light of the recent collision on Rittenhouse Street, NW, it has been concluded that DDOT will install the proposed raised crosswalk at the T-intersection of Rittenhouse Street, NW and 32nd Place, NW.” Chair Gordon noted that the Commission had previously narrowly voted to oppose the raised crosswalk and suggested that the Commission send a letter to DDOT asking for an explanation of its decision in this regard. Commissioner Levine suggested that DDOT be asked to explain specifically whether and to what extent the Commission’s previous action and advice in this matter had been given “great weight”, as required by District law, in respect to DDOT’s decision. At a later point in the meeting, after drafting such a letter, Commissioner Levine moved the sending of such a letter, which was approved by the Commission by a vote of 7-0.

Chair Gordon then raised the issue of the status of installation by DDOT of a TRAFFIC LIGHT at the intersection of CONNECTICUT AVENUE and MORRISON STREET. The matter was raised in part due to a recent and serious accident involving a pedestrian attempting to cross the street at that intersection. He noted that the Commission had discussed and voted in favor of a traffic light at this location about a year ago. Some Commissioners spoke in favor of such a light (including a particular form of pedestrian-activated type of light recommended by a neighborhood resident and endorsed by Commissioner Levine) and others expressed reservations as to whether such a light at this busy intersection would actually help or hurt the safety of pedestrians or tie up Connecticut Avenue traffic. After discussion, Chair Gordon proposed that the Commission send a letter to DDOT requesting a status report on the matter. The Commission agreed to the sending of such letter by a vote of 7-0. Commissioner Levine then suggested that subsequent to receiving DDOT’s reply, the Commission should extend an invitation to DDOT officials, including its traffic engineer Doug Noble, to attend an upcoming Commission meeting in order to fully discuss the various traffic light options (pedestrian activated light, timing issues, etc.), both for this dangerous intersection as well as for others in the neighborhood.

Commissioner Buchholz next asked that the matter of the design of a house (height issue) at 3217 ABERFOYLE PLACE be deferred.

Commissioner Redmond next introduced Mr. Greg Davis who is applying for a use of public space to construct a driveway at a new home to be constructed at 7070 OREGON AVENUE. Mr. Davis said that he had received full and final approval of the Fine Arts Commission (required for properties abutting public park land) for the construction of the new driveway. The curb cut would provide a new driveway to allow for off-street parking. After discussion, specifically including an agreement the applicant made with the Commission to preserve existing trees to the fullest extent possible and to replant trees after any removal, the Commission by a vote of 7-0 agreed to a motion made by Commissioner Redmond not to offer any objection to this application for use of public space.

The Commission next considered the issue of proposed new BASKETBALL POLES, BACKBOARDS and NETS, and the placement of a removable TENNIS PRACTICE WALL, all at LAFAYETTE PARK behind Lafayette Elementary School. The Commission heard concerns from various neighbors regarding whether such new facilities are needed, the noise that could result, enforcement of necessary controls, the overall aesthetics and sight lines of the park, and other potential problems associated with such new uses of this recreational area. While most all of those speaking presented negative views concerning these new recreational amenities at Lafayette Park, one neighbor did note that these facilities would provide additional and welcome basketball and tennis opportunities for a variety of age groups, especially youngsters 9 and up, who need them and would benefit from them. After discussion, upon motion by Commissioner Beach, the Commission by a vote of 7-0 agreed to send a letter to the Department of Parks and Recreation inquiring about their exact plans for installing such new facilities at the park and requesting that no action be taken in this regard until receipt of full community views and comments.

A representative from the AMERICAN CANCER SOCIETY (Ms. Renee McFadder) appeared and requested that the Commission pass a resolution urging Council Member Schwartz to markup a comprehensive smoke-free workplace bill and report it out of her committee so as to allow the full Council to finally vote on this important public health issue. After discussion, the Commission agreed, by vote of 7-0, to sign the requested petition and also to attach thereto copies of its two previous letters supporting the passage of 100% smoke-free workplace legislation in the District at the earliest possible date.

Pending SPRING GRANT REQUESTS, previously heard in presentations made by applicants at the Commission meeting of May 9, were next considered for final votes by the Commission. All motions concerning such pending grant requests were first made by Commissioner Beach. By successive votes of 7-0 each, the following grants were approved: Friends of Chevy Chase Library – $750.00 (books and CD books); Chevy Chase Citizens Association – $1,500.00 (Chevy Chase Day, September 18, 2005); Chevy Chase Citizens Association – $750.00 (matching grant for 2005 summer concert programs); Chevy Chase Citizens Association – $920.00 (decoration of the Community Center); Wilson High School PTA – $1,000.00 (speakers for Humanities Academy) with the condition that two students in the program be requested to attend a future Commission meeting to provide Commissioners with an oral report concerning the Humanities Academy Program and also with a note that the grantee might want a delayed payment of the grant; and Lafayette HSA – $1,000.00 (tree box bench). The Commission, by a vote of 7-0, further agreed to defer a pending grant request for $1,000 (newsletter and sand box cover) from the Friends of Chevy Chase Park until the fall grant cycle in order to more fully assess the financial needs of this organization in light of its recent receipt of substantial funds from the developer of the nearby condominium project at Friendship Heights.

The grant request for $1,000 from Historic Chevy Chase for further data collection/research and historic status application preparation was then considered. Some extensive discussion followed by the Commissioners and comments were received from several neighbors in attendance at the meeting, including Ina Milton, Vic Wenk, Jenny Chesky and Lisa Levine (with most all of the discussion centering upon the procedures being used by Historic Chevy Chase for informing the community and receiving community input in preparation for an eventual application for historic status designation). The Commission then first rejected, by a vote of one in favor (Buchholz), five opposed and one abstaining (Nolan), a substitute motion offered by Commissioner Buchholz to defer this grant until the Commission has had an opportunity to fully consider and determine its position on the merits of any application by Historic Chevy Chase for historic designation for one or more geographic areas of the Chevy Chase community. The Commission then took up the previous motion by Commissioner Beach to approve this grant request. By a vote of five in favor, one opposed (Buchholz) and one abstention (Nolan), the Commission approved the grant to Historic Chevy Chase DC for $1,000.00, under and with the following specific understandings and conditions: (a) that it be made very clear to everyone concerned that in connection with this funding action, the Commission intends solely to assist Historic Chevy Chase in obtaining sufficient funds to make an initial application to the appropriate District authorities for historic status designation, but that in doing so, the Commission has taken and is taking absolutely no position whatsoever at this time concerning the merits of any such application for historic status; and (b) that in connection with this funding action, none of the $1,000 funds of the Commission being granted are to be used in any way or for any purpose in connection with research work, data collection or any such application process relating to any other areas of the Chevy Chase community and neighborhood other than the Chevy Chase Heights area on the west side of Connecticut Avenue.

Commissioner Beach next provided a very brief report concerning the recent Ward 4 Transportation Policy Committee meeting. Commissioner Nolan further reported on a recent Ward 3 Transportation Policy Committee meeting, saying that she had given DDOT a list of neighborhood locations needing either the REPAIR OR REPLACEMENT OF STREET TRAFFIC SIGNS; apparently notwithstanding such continued needs, DDOT has put the files as to many of these locations into a “closed” status (possibly because the sites have been contracted for but the installation work has not yet been performed). In any event, upon motion made by Commissioner Nolan, the Commission by a vote of 7-0 agreed to write a letter to DDOT requesting that all such “closed” files be reopened and reconsidered for some 20 traffic signs still not installed at various sites in the neighborhood.

Commissioner Beach then reported on a list the Commission office has received from DDOT of all scheduled STREET AND ALLEY REPAIRS in the city for DC fiscal years 2005 through 2010. Commissioner Beach will distribute such list to all Commissioners as soon as possible. The information obtained suggests that no new streets or alleys may be added to this scheduled list unless one or more streets or alleys already listed is dropped from the list for any reason. Each Commissioner was asked to make up a list of any additional streets and alleys within his or her single member districts that are in need of repair and to send such lists to DDOT with a request that they consider adding them to the list of streets and alleys to be repaired through 2010.

Commissioners Buchholz and Nolan next reported on the required procedure in the District to obtain approval to close off a street or block in order to hold a block party. Interested residents must present a petition containing 90 percent of residents’ signatures on the affected block(s) to the Emergency Management Agency (EMA) and only two such streets or blocks may be closed off in a neighborhood at the same time. Residents interested in seeking such approval should go the District’s web site (http://dcema.dc.gov) and click on “Street Closing Permits” to obtain complete instructions in this regard.

Following up on a presentation by an affected business on Connecticut Avenue at a prior meeting concerning where the POLICE VAN is parking on major neighborhood streets to deter speeding, Commissioner Nolan then reported that she would be in communication with the officers of PSA 201 regarding the exact locations and times for such van to be parked on major thoroughfares in the community and the problems with doing so, especially during peak business hours.

COMMISSION BUSINESS:
Minutes of the May 9, 2005 public meeting were approved by a vote of 6-0-1 (Redmond abstained because she was not present at the meeting);
The following check was approved by a vote 7-0: $54.67 (Verizon bill 5-4-05). Commissioner Beach noted that ANC business cards for all Commissioners had been ordered;
Items for the June 13, 2005 Commission Meeting Agenda: updates on trees in Barnaby Woods and the status of the revised ANC website;
Letters to be sent: to the Public Space Branch offering no objection to the driveway at 7070 Oregon Avenue; to DDOT regarding the status of installation of the previously-approved traffic signal at Connecticut Avenue and Morrison Street and requesting an explanation of its decision concerning the raised crosswalk on Rittenhouse Street; to the Department of Parks and Recreation regarding new recreational facilities at Lafayette Park; six grant award letters to applicants; and to the DC Council, the Smoke Free DC petition requested of ANCs by the American Cancer Society.
.
The Commission meeting was adjourned at 9:30 PM.

RESPECTFULLY SUBMITTED

CHAIR SECRETARY

______________________ ____________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF JUNE 13, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon presiding.

Commissioners present: Gordon, Levine, Fromboluti, Beach, Nolan, Buchholz, and Redmond.

An audience of some 10 persons was present.

The AGENDA was adopted by a vote of 7-0, with the agreement to make several additions as follows: proposed installation of a traffic light at Morrison Street and Connecticut Avenue; homeless people in the community; trees on Military Road; pylons at the intersection of Livingston Street and Connecticut Avenue; and repair to crumbling and hazardous steps at the Chevy Chase Community Center.

Commissioner Redmond reported on the status of the Commission’s earlier work concerning TREES IN BARNABY WOODS. Of the ten mature trees in question that had previously been scheduled for removal (which occurred before the intervention by residents forming the Barnaby Woods Tree Task Force, and the hiring of an independent arborist by the Task Force), five had been removed after testing showed that they were no longer viable and five were deemed healthy and pruned back by either PEPCO or UFA. Commissioner Redmond said that as a direct outcome of the Barnaby Woods tree issue and a similar experience on Rhode Island Avenue in Ward 5, the DC Urban Forestry Administration has formed a city-wide task force, meeting monthly, to coordinate all work on DC trees. This will include notification of neighborhood residents prior to any tree removal and pruning. The UFA task force has issued several regulations regarding the pruning of trees that also include required timetables for the removal of debris from the area where a tree is removed or pruned. She further reported that the UFA task force is beginning to fill in a number of the prior gaps in the city’s overall tree policy and that UFA has now hired new arborists for each of the city’s eight wards. She advised that PEPCO still retains discretion to prune any trees that it deems to constitute a danger to any overhead power lines, but efforts are being made to avoid the Y-shaped pruning that had disfigured many of the trees in DC areas in the past. PEPCO has also hired additional arborists. Commissioners Gordon and Levine both suggested that the successful efforts of the Barnaby Tree Task Force be widely publicized, including by distribution of information to other ANCs. Commissioner Fromboluti asked who to contact about “de-condemning” a healthy tree and Commissioner Redmond subsequently supplied the UFA contact in this regard as______________________. Dead trees should still be reported to 727-1000 for removal.

Commissioner Fromboluti next indicated his concern about the status of TREES ON MILITARY ROAD. He said that the widening of sidewalks along Military Road to six feet, combined with a substantial decrease in tree box size, has effectively caused the ground around the mature trees to be covered with concrete, thereby depriving the trees of water and essentially guaranteeing a premature death. He noted that, as an architect, he knew that many cities have adopted standards to avoid this practice. He agreed to document the situation on Military Road and draft a letter to appropriate District officials on this subject for Commission review and approval at the next Commission meeting.

Commissioner Redmond then asked the Commission for guidance as to further work on the ANC’s WEBSITE. She said that the cost of reconstructing the website would depend on whether the site would be static or interactive, noting that a static site could contain updates with the Commission’s agendas and minutes, District announcements, and the like, and that an interactive web site would require more work to allow visitors to the site to submit comments, questions, etc. She asked that Commissioners each review other ANC websites and at the next meeting, provide her with advice as to how to proceed in this regard, at which time the Commission would also establish a budget for this website work.

Commissioner Beach next noted that DDOT has installed a mobile sign – “DO NOT BLOCK INTERSECTION” — at the entrance to the CVS parking lot on McKinley Street, thus alleviating the need for any further Commission action at this time on this difficult traffic area situation. He observed, however, that it remains to be seen whether a permanent sign will ameliorate traffic blockages on both McKinley Street and Connecticut Avenue during the morning and evening rush hours.

Chair Gordon next raised the issue of the proposal to install a TRAFFIC LIGHT AT MORRISON STREET AND CONNECTICUT AVENUE. He noted that the Commission discussed this issue several times in the past, dating all the way back to1997, and in 2003 had voted in favor of requesting a DDOT study of that intersection. The subsequent DDOT study of the intersection showed that the proposed stoplight was warranted. Commissioner Gordon further stated that while the original request of the Commission to DDOT to study the intersection signified a favorable view of the Commission for the installation of a light there, his review of the history of the matter indicated that the Commission as a whole had never taken a direct vote for or against the installation of a stoplight at this location. In view of the number of accidents at this site and the degree of neighborhood controversy surrounding the light, he therefore proposed that the Commission devote a specific amount of time to this issue at one of its upcoming public meetings, to be followed by a formal Commission vote on the matter. After discussion among Commissioners, including concerning the history of the prior extensive consideration of this issue by the Commission in the past, Commissioner Beach proposed a procedure under which a letter to DDOT would be drafted by a Commissioner with recommendations in draft form and brought to the meeting, and that adequate time be allocated for Commissioner and community discussion of the draft letter and the general issue at a Commission public meeting. Chair Gordon noted that this was one of the most important current issues in the community and supported Commissioner Beach’s proposal. The other Commissioners agreed. The current plan is to allow at least 45 minutes to an hour for the issue to be discussed and voted upon at the next Commission public meeting on June 27. The time for community views would be divided equally amongst the group favoring the light and those opposing its installation. Representatives from DDOT will be invited to attend this meeting to discuss, among other things, the types of lights possible at that intersection. A petition from many local businesses in favor of a traffic light was also presented to the Commission.

Commissioner Nolan next raised the issue of HOMELESS PEOPLE in the community, citing the specific example of a person occupying (apparently at one point sleeping overnight in) a Metro bus shelter on Military Road at 30th Street. She noted that the police cannot forcibly remove a person from public property (provided no criminal offense occurs), but can ask them to move on. However, on private property, charges can be brought if necessary.

Commissioner Levine next noted that despite a number of e-mails he and others have sent to DDOT, no action has yet been initiated to restore the permanent white PYLONS at LIVINGSTON STREET AND CONNECTICUT AVENUE that were placed there some time prior to the recent roadwork on Livingston Street, and removed during the work. He noted that the situation of illegal parking at that intersection in front of Starbucks is extremely dangerous to pedestrians and blocks traffic seeking to turn the corner or get through the intersection. Commissioner Nolan reported that to her knowledge, DDOT is planning to install the pylons within the next two weeks. If the pylons are not reinstalled, a formal Commission written request will be sent to DDOT thereafter.

Among the many infrastructure problems at the Chevy Chase Community Center, Commissioner Levine again raised the dangerous situation of CRUMBLING STEPS IN FRONT OF THE CHEVY CHASE COMMUNITY CENTER. He drafted a letter for the Commission to send to the DC Department of Parks and Recreation requesting that repair of these steps be made an immediate priority. The Commission approved of Commissioner Levine’s draft letter by a vote of 7-0. A staff member from Councilmember Fenty’s office (Mr. Ron Austin) who was in attendance at the meeting also told the Commission that his office would likewise submit the same request to DPR for immediate repair of these crumbling stairs.

COMMISSION BUSINESS:
The Minutes of the May 23, 2005 public meeting were approved by a vote of 7-0;
The following checks were approved by a vote 7-0: $57.30 (Verizon bill 6-4-05); $232.87 Office Depot (business cards — Commissioner Beach noted that funds would be withheld until the arrival of business cards);
Items for the June 27, 2005 Commission Meeting Agenda: proposed installation of a stoplight at Morrison Street and Connecticut Avenue; follow-up report of tree problems on Military Road; ANC 3/4G website.
Letters to be sent: to the DC Department of Parks and Recreation re: crumbling stairs at Chevy Chase Community Center.
Commissioner Fromboluti announced that a meeting of the Historic Chevy Chase DC organization concerning historic districts in the Chevy Chase area would be held at the Community Center on Tuesday, June 28 at 7:30 p.m.
Commissioner Beach reported that two of the Commission’s grantees, Chevy Chase Citizens Association (funds for Chevy Chase Day in the fall) and Historic Chevy Chase DC, have reported that they wish to have their grants disbursed at a later date so that they can thereafter report to the Commission that they have met the 60 day requirement for expenditure of Commission grants.
.
The Commission meeting was adjourned at 9:00 PM.

RESPECTFULLY SUBMITTED
CHAIR SECRETARY

_______________________ __________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF JUNE 27, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon presiding.

Commissioners present: Gordon, Levine, Fromboluti, Beach, Buchholz, Nolan.
Absent: Redmond.

An audience of some 50 persons was present.

The AGENDA was adopted by a vote of 6-0, with the agreement to move the discussion of the Military Road tree box matter to the first agenda item and an agreement as to the procedures and allocation of time for discussion of the Morrison Street traffic light.

Commissioner Fromboluti then raised the matter of TREES ON MILITARY ROAD by first presenting several photographs to the Commissioners of changes to the tree box areas of the large oaks along Military Road showing that former tree boxes have been replaced by asphalt or concrete sidewalks. He indicated his substantial concern about the future health of the trees surrounded by impervious surfaces. He said that the widening of sidewalks along Military Road to six feet, combined with a substantial decrease in tree box size, has effectively caused the ground around the mature trees to be covered with concrete or asphalt, thereby depriving the trees of water and essentially hastening possible premature death for the trees. He presented a draft of a letter to be sent by the Commission to DDOT requesting immediate resolution of the issue by restoration of the tree boxes. After discussion, the Commission agreed, by a vote of 6-0, to the sending of such a letter, with a modification to the Fromboluti draft proposed by Commissioner Levine that would include inquiry as to why this happened in the first place and how it can be prevented in the future.

Chair Gordon next introduced the matter of the MORRISON STREET/CONNECTICUT AVENUE TRAFFIC STOPLIGHT. He first reviewed briefly ANC 3/4G’s history with regard to this subject: In June 2003, the Commission discussed the dangers to pedestrians of trying to cross Connecticut Avenue at Morrison and Northampton Streets and voted (by vote of 5-0-1) to strongly recommend that DDOT study the feasibility of installing a traffic light at both intersections; the DDOT study was completed in July 2003 and stated “that a traffic signal is warranted at the intersection of Connecticut Avenue and Morrison Street”. Moving to current concerns, Chair Gordon stated that the recent accidents involving pedestrians had led him to review the ANC’s several previous actions in this matter and that he had found that no formal or final vote had been taken by the Commission as to the installation of a stoplight signal at this intersection. He had therefore placed the issue on the agenda of this public meeting of the Commission in order to hear community views and also to have expert DDOT officials present to explain various options and configurations, as well as other possible remedies, to improve on the dangerous conditions at the intersection of Morrison Street and Connecticut Avenue. Chair Gordon proposed, and read excerpts from, a draft resolution that he introduced demanding immediate installation of the stoplight, and asked for discussion by the Commissioners, the public and the representative of DDOT in attendance at the meeting, Mr. Douglas Noble, Associate Director, District Traffic Engineer (202-671-2700 or douglas.noble@dc.gov).

Commissioner Fromboluti noted that after reading all the e-mails on the Chevy Chase Community Listserv on this subject, he saw the need for a comprehensive Chevy Chase neighborhood traffic study, especially in light of all the consideration of “band aid” type approaches such as speed humps, Military road lane changes and the proposed Morrison Street light. He and other Commissioners called on DDOT to undertake such as comprehensive traffic study as soon as possible. He also noted that one proposal put forth in favor of a pedestrian-activated light at this intersection might be a problem in that it would take effect to allow pedestrian crossing (stopping the traffic on Connecticut Avenue) when the signals at McKinley and Livingston were red, at which time Morrison Street would have a flashing red light during the pedestrian walk period. Thus, Morrison Street traffic would not be able to access Connecticut Avenue without significant difficulty. DDOT representative Doug Noble replied that pedestrian-only activated signals were inconsistent with prevailing traffic standards. Commissioner Beach noted that the Commission, by formal resolution, had called upon DDOT to conduct a comprehensive traffic study of the Chevy Chase area over a year ago, but it has still not been done, nor is it apparently too likely to be undertaken by DDOT in the near future.

Commissioner Levine stated that neither he, nor any other Commissioner, wanted to be in office when there is a pedestrian fatality or serious injury in the Morrison/Connecticut crosswalk, and called upon the Commission to take action now. However, he also expressed concern about any device at the intersection that could have the effect of increasing traffic on Morrison Street. He favored pedestrian-activated lights if feasible and also “no left turn” signage on both the east and west sides of Morrison Street. He also asked Mr. Noble about the criteria for the eight “warrants” necessary to be satisfied before DDOT will determine to install a traffic light (this intersection satisfied one of eight possible warrants, the one concerning volume of traffic). Mr. Noble responded that warrants are set by federal standards and that in this case, the Morrison Street recommendation is based upon the one warrant satisfied, which was sufficient for the installation of a traffic light. Commissioner Levine further asked Mr. Noble if he believed a full red-green traffic light at this intersection would cause any increase traffic on Morrison Street. Mr. Noble replied that although not known until after installation of the light, he does not believe it will have any significant degree of impact on either traffic volume or speed. He went on to add that DDOT would be considering concurrent curb extensions and installation of speed humps on Morrison Street, along with the installation of the traffic light.

Commissioner Nolan noted that the pedestrian push buttons to cross at Livingston Street were often in disrepair and underused by pedestrians and said that she would be inclined not to support these push buttons at Morrison Street — each intersection should have a set time for the crossing of pedestrians (generally 30 seconds).

Approximately 15 business and public witnesses presented their views and asked questions of the DDOT representative, Doug Noble. Representatives of Morrison Street generally opposed the installation of a traffic light at Connecticut Avenue, fearing increased traffic and speed on their street, while other members of the community felt that public safety was an overriding concern and supported installation of a traffic light. Many on both sides of the issue stated the need for a comprehensive traffic plan for the entire Connecticut Avenue commercial area.

Chair Gordon then moved his draft resolution. Commissioner Levine proposed an amendment, which was agreed to by vote of 6-0, to give direction to DDOT to install the light as soon as possible, but to concurrently consider, and report to the Commission concerning, a number of specific options for the type of light to be installed and other variations that might assist safety and prevent increased traffic after the light is installed (see final Resolution below for a listing of these specific requests of items to be considered by DDOT). Commissioner Nolan offered a second amendment to the Chair’s motion concerning further guidance to DDOT concerning the specifications for the light and related matters, but withdrew her motion upon being asked to include these matters in written instructions to the Commission’s working group (discussed below). The main resolution, as amended, was then agreed to by a vote of 6-0. The resolution, which will be sent to Mr. Dan Tangherlini, Director of DDOT, is attached to these minutes. The Commission will work with DDOT on this matter during the planning phase and also follow up to monitor the effects of the stoplight once it is installed by way of a special working group of Commissioners who will represent the Commission on this light as well as work on all related matters relating to traffic in the Connecticut Avenue commercial corridor (to date, Commissioners Levine, Fromboluti and Nolan have agreed to serve on this working group).

Commissioner Beach next introduced a constituent request for installation of a “no parking” sign on the south side of WESTERN AVENUE BETWEEN CHEVY CHASE CIRCLE AND OLIVER STREET. Since no petition had been received from any other affected residents of the area and because the issue directly relates to the larger issue of traffic around Chevy Chase Circle, the issue was deferred until a future meeting of the Commission.

After discussion concerning the funds necessary to reconstruct the Commission’s WEBSITE, the Commissioners, by a vote of 5-1 (Buchholz opposed), agreed to establish a maximum sum of $5,000 as the limit of expenditures to obtain expert outside assistance for this, while still seeking to locate pro bono help if available. Commissioners expressed their desire to find website guidance from the community and others far less expensively, if at all possible.

COMMISSION BUSINESS:
The Minutes of the June 13, 2005 public meeting were approved by a vote of 6-0;
The following check was approved by a vote 6-0: $9.07 (US Treasury—FUTA 2004);
Commissioner Fromboluti again announced that a public meeting sponsored by Historic Chevy Chase DC would be held the following evening, June 28 at 7:30 PM at the Chevy Chase Community Center;
Items for the July 11, 2005 Commission Meeting Agenda: Lafayette park issues regarding the tennis courts; enforcement of dog leash law requirements; formal designation of a Working Group on Connecticut Avenue commercial district traffic issues;
Letters to be sent to: DDOT concerning Military Road tree boxes; to DDOT concerning installation of a traffic signal at Connecticut Avenue and Morrison Street;
The Commission agreed that it would meet on Monday, July 11, but would plan to hold no further meetings for the balance of July and August due to summer vacation schedules. However, the Commission may decide to convene in the interim, provided that a quorum can be present, in order to consider any urgent matters that might arise before the next scheduled Commission meeting of September 12, 2005.

The Commission meeting was adjourned at 9:20 PM.

RESPECTFULLY SUBMITTED
CHAIR SECRETARY

_________________________ ____________________________
Robert Gordon Allen Beach

The Matter of a Traffic Signal at the Intersection of Connecticut Avenue and Morrison Street, NW

ANC 3-4G
The following is a resolution adopted by a vote of six (6) to zero (0) (a quorum of four being present) by the Commissioners of ANC 3/4G (the “Commission”) on June 27, 2005:
Resolution
RECITALS:

On June 9, 2003, ANC 3/4G reviewed, as part of a broader discussion of pedestrian safety along Connecticut Avenue, concerns about the crosswalks located at Northampton Street and Morrison Street. The main concerns articulated at the meeting included the need for increased pedestrian safety at these busy intersections and any possible, feasible methods of slowing down traffic. Commissioner Buchholz agreed to draft a letter to DDOT on this subject for the Commission’s consideration at its next meeting, at which time a DDOT representative would be present.

At the June 23, 2003 ANC meeting, with some 30 members of the public and representatives of Council Members Patterson and Fenty present, Commissioners discussed the dangers to pedestrians trying to cross Connecticut Avenue at Morrison and Northampton Streets. The ANC voted 5-0-1 to strongly recommend that DDOT study the feasibility of installing a traffic light at both the intersections of Connecticut Avenue at Morrison and Northampton Streets. On June 24, a letter was sent to Acting Associate Director, Traffic Services, DDOT, discussing the history of traffic calming efforts at these locations and requesting that a study be done to determine appropriate DDOT remedies to the dangers presented at each intersection.

DDOT complied with this request and subsequently hired Michael Baker Corporation to conduct the study. The resulting DDOT study report was dated July 22, 2003. The study is in the public record. According to the report: “The results of the traffic signal warrant analysis show that a traffic signal is warranted at the intersection of Connecticut Avenue and Morrison Street in Northwest, Washington DC at this time.”

At the September 27, 2004 ANC meeting, with 60 persons present, Vice Chair Levine raised the question of the status of the traffic light signal at the intersection of Connecticut Avenue and Morrison Street. He noted that DDOT action with respect to the study results and the installation of the traffic signal had not yet occurred. Commissioner Levine informed the ANC that he had asked the DDOT Ward 3 Transportation Planner for an update on the status of the signal. No further action was taken at this meeting.

On January 10, 2005, the ANC took up this matter once again in a brief discussion. The Commission had learned from DDOT that they were planning for the installation of the signal at Connecticut and Morrison in FY06. The Commission decided that this indicated the clear intent of DDOT to install the traffic light, and so agreed to wait before further communicating with DDOT.

After an accident at the subject intersection, and upon further consideration, on May 23, 2005 the ANC voted unanimously to request a status report from DDOT regarding the signal and thus sent a letter to Mr. Dan Tangherlini, Director of DDOT, requesting such report. To date, the ANC has not received a definitive, formal reply about when the light will be installed (informal e-mail responses indicated continued DDOT intention to install the stoplight sometime after the new fiscal year 2006 begins on October 1, 2005).

A subsequent accident in June 2005 involving an elderly motorist hitting three pedestrians at the subject intersection has again highlighted the danger for pedestrians at this intersection and has resulted in renewed community calls for action.

NOW THEREFORE, Advisory Neighborhood Commission 3/4G hereby resolves to express its demand for the installation of a traffic signal at the intersection of Connecticut Avenue and Morrison Street at the earliest possible date, in compliance with the 2003 DDOT study report recommendation.

The Commission further requests that DDOT evaluate and report back to the ANC as early as possible regarding the various configurations and options regarding the stoplight that it is considering for this intersection, including but not limited to the following: blinking lights, a pedestrian-activated light, left turn restrictions in both directions on Connecticut Avenue, installation of speed humps or similar measures on Morrison Street and Livingston Street, curb extensions, and so forth. The DDOT report should describe the extent to which each potential configuration or option will first, help to ensure public safety and secondly, will minimize the impact to Morrison Street, including the volume of traffic on that street and neighboring streets.

The Commission, moreover, once again requests that DDOT undertake, at the earliest possible time, a comprehensive traffic study of the Chevy Chase neighborhood, including importantly the Connecticut Avenue commercial corridor, as previously requested by resolution of this Commission.

The Commission wishes to make it clear to DDOT that we are not requesting any delay in the installation of this stoplight at Connecticut Avenue and Morrison Street as a result of any of the foregoing, but rather that we only request that DDOT seriously consider the foregoing options and variations to the configuration of the stoplight as part of their determinations concerning the type of stoplight to be installed and its specifications.

The Commission will appoint a small group of its members to constitute a Working Group that will meet with DDOT on this matter from now until the stoplight is installed and to monitor its operation, effects and impacts thereafter.

The Commission will transmit this resolution by letter to Mr. Dan Tangherlini, Director of DDOT, and all other appropriate District of Columbia officials with jurisdiction over the matter, and to the appropriate DC Council Members.

_______________________________
Robert Gordon, Chair

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF July 11, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Vice Chair Jerry Levine, presiding.

Commissioners present: Levine, Fromboluti, Beach, Buchholz, Nolan, and Redmond.
Absent: Gordon.

An audience of some 20 persons was present.

The AGENDA was adopted by a vote of 6-0, with the agreement to add two new items: the construction of an apartment over a garage in the 5300 block of 27th Street and continued concerns about increasing numbers of deer in the community. It was further agreed to delete the item on the Special Exception for the Siena School use of the Chevy Chase Baptist Church facility, as had been requested by the representative of that organization (via email). Vice Chair Levine also reminded the audience that this would be the Commission’s last meeting until September 12th unless an important issue requiring earlier Commission attention were to arise before then.

Ms. Megan Doern, a representative of DC IS ELECTRIC, appeared to provide a brief presentation about her organization’s goal: to educate D.C. citizens about the availability of potential alternative suppliers of electrical power in D.C. By providing information to consumers regarding changes occurring in the electricity market, the group hopes to assist consumers to make informed choices about their use of energy suppliers. The DC is Electric organization was established jointly by the DC Public Service Commission, the Consumer Utility Board, the DC Energy Office and PEPCO. Ms. Doern provided contact information for those wishing to obtain further information or avail themselves of these resources.

Representatives of the DC Department of Parks and Recreation (DPR) were present to discuss the matter of a TENNIS PRACTICE BACKBOARD at Lafayette Park. Because DPR officials were present, Commissioners first used the opportunity to ask about other issues in the neighborhood, specifically relating to the Chevy Chase Community Center. Commissioner Beach raised the issue of the roof leaks and basement flooding at the Chevy Chase Community Center as an unacceptable condition and Vice Chair Levine noted, once again, the problem of crumbling steps outside of the library. Ms. Jackie Stanley, the Coordinator for Capital Projects at DPR, responded that she and DPR were well aware of the water leak problems and that as part of “stage two” of the plans for renovation of the Community Center, DPR has issued an “RFP” for the work and is scheduled to complete roof repairs in the fall of this year, which should resolve the various drainage problems at the Center. She further noted that she would address the crumbling steps problem as a high priority.

Commissioner Beach then inquired as to the process DPR used to consult with the community about its plans for changes to the facilities at Lafayette Park, noting, for example, that the new basketball poles had been erected at the Park without any known consultation with the community. Ms. Stanley apologized to the Commission and neighbors in attendance that this issue, along with concerns about the proposed tennis practice backboard, had not been first brought to and discussed in depth at one of the previous meetings of the Commission. She advised that DPR is now establishing internal standards for a neighborhood consultation procedure and would in the future bring all plans and proposals to the Commission for full community review, input and advice before implementation. Commissioner Beach then asked whether and to what extent DPR would give “great weight” to a Commission position or recommendation concerning a specific project or proposal pending at DPR. Ms. Stanley responded that the Commission’s recommendations would be given all “great weight” as required by law, but noted that DPR still retained final decision- making authority. Vice Chair Levine suggested to the DPR officials that in each instance, written plans should be provided to the Commission well in advance of any proposal being adopted by DPR, so that all issues of importance to the neighborhood affected could be discussed at a Commission public meeting and otherwise appropriately communicated to the entire community and neighborhood served by the Commission. Ms. Stanley agreed that DPR should and will adopt appropriate procedures toward that end and will seek to consult with the Commission and its constituents in all of its deliberations regarding proposals that affect our neighborhood.

Regarding the tennis practice backboard at Lafayette, several residents spoke in opposition to the proposal, noting especially the proposed location of the backboard on a site in the Park that could possibly block access to other areas of the Park, cause a significant amount of noise to nearby residents, and overwhelm the small Park due to its rather large scale. Mr. Paul Rosenbaum, a member of the board of the Friends of Lafayette Park organization as well as its tennis director, provided a brief description about the background and history of the proposed tennis backboard and explained the reasons why the particular location was chosen for its placement in the Park. However, he further stated that some alternative locations within the Park would also be feasible and satisfactory as well. After discussion, the Commissioners agreed that they needed to review the final and more detailed concept plan for construction of the proposed tennis practice backboard before further consideration and vote on the matter is held. Vice Chair Levine requested that such plans, once developed, be made available to the Commission and public well in advance of the next public meeting of the Commission to be held on September 12, in order to have time to obtain full and adequate community input. If this is not possible for any reason, the Commission will postpone further discussion and consideration of the matter until a subsequent meeting. Ms. Stanley agreed to provide the plans in a timely matter and also noted that at the September meeting, she would also be prepared to provide an update on the needed repairs to be undertaken at the Community Center

Commissioner Nolan next reported that she has received many e-mails complaining about DOGS RUNNING “OFF LEASH” in the neighborhood. This problem has already caused one child to be bitten and a cat killed, and also results in dog “messes” frequently not being picked up by owners. She said she wanted to remind the community that existing DC law requires that all dogs be on a leash at all times and that police officers will fine those who are found to be in violation of the law.

Commissioner Nolan then raised the concern of one of her constituents, whose neighbors are proposing to build an APARTMENT ABOVE AN EXISTING GARAGE in the 5300 block of 27th Street. The current owners acquired the property and building permit from a contractor-developer who had apparently orally agreed with the neighbors not to construct an apartment over the garage. Commissioner Nolan explained that the problem with such construction is that an apartment structure on top of this garage would block light and privacy in the adjoining properties; she asked the Commission to support the sending of a letter or resolution to the BZA asking for a full review of this matter. However, Vice Chair Levine pointed out that in his strong view, the Commission should not undertake such action in this case because it is being brought to the Commission as a general matter and in the absence of any filing of a specific BZA appeal or pending case brought by any aggrieved party. He said it was not the practice of the Commission to issue such general-proposition statements on zoning issues. He recommended that any neighbors who are in opposition to the construction of this apartment proceed, to the extent that they are permitted to do so under zoning regulations, to request a hearing on this matter from the appropriate zoning officials or otherwise intervene in the matter. If any BZA case or other proceeding is filed and officially comes before the Commission on referral from the BZA or other DC agency, the Commission will consider the matter further at such time.

Commissioner Nolan next raised the issue of the continued INCREASING DEER POPULATION in the neighborhood. She indicated the need for some action now, rather than waiting for the results of the National Park Service’s three-year study of the deer population in Rock Creek Park. She asked for consideration of the sending of a letter to the National Park Service inquiring as to why the issue has to be studied further for this community in light of the fact that surrounding jurisdictions with the same deer problem have already taken action to reduce deer populations. Commissioner Buchholz reported that he had attended a meeting with the National Park Service and that he was satisfied that adequate progress on this subject was being made by NPS. He therefore thought that a letter to the Park Service was premature at this time. The Commissioners agreed that action should be postponed while the NPS study is underway, but that the Commission will continue to monitor this work and take up the issue again if the study results are not forthcoming in the near future from NPS.

COMMISSION BUSINESS:

The Minutes of the June 27, 2005 public meeting were approved by a vote of 5-0-1 (Commissioner Redmond abstaining because she was not present at that meeting);

The following check was approved by a vote of 6-0: $120.82 (Chevy Chase Bank-Federal withholding, June);

The use of the Commission’s microphones by other community groups was referred to the Commission’s Special Committee on Procedures for further review, including consideration of guidelines and standards to be established and adopted for any such use in order to protect the Commission’s substantial investment in the new equipment;

Vice Chair Levine appointed a three person internal Commission working group, consisting of Commissioners Levine, Fromboluti, and Nolan, to work with DDOT over the course of the next few months (between now and the early fall) on the final specifications for the traffic light signal scheduled to be installed by DDOT this fall at the intersection of Morrison Street and Connecticut Avenue; he invited any residents or businesses having further views or comments on the specifications or configuration of the light to contact any of the Commission members constituting this working group, or take their views directly to DDOT themselves. He noted, however, that the Commission has reviewed this matter for over two years now, there has been ample opportunity for public comment in a variety of ways, including at Commission meetings and on the community listserv, that the Commission has recommended by official resolution, and DDOT has determined, that the stoplight should be installed at this location, and that therefore any further public input to be directed to the Commission should address solely the issue of the type of final specifications and configuration of the light, not the merits of whether or not to install a stoplight at this intersection;

The Commission approved the Quarterly Financial Report by a vote of 6-0 with the agreement that in Chair Gordon’s absence, Vice Chair Levine would sign the report;

Commissioner Beach noted that he had just received a DCRA (Office of the Surveyor) notice of a request for the CLOSING OF AN ALLEY behind 3240 Livingston Street (Square 2024, lots 8,9, and 20). Since the DCRA deadline for receipt of any comments on the matter is within thirty days, he asked that any Commissioners who wish to submit comments do so individually and directly to the DCRA Office of the Surveyor.
The Commission meeting was adjourned at 9:10 PM.
The next meeting of the Commission will be held on Monday, September 12.

RESPECTFULLY SUBMITTED

VICE CHAIR SECRETARY

_________________________ ___________________________
Jerry Levine Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF SEPTEMBER 12, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon, presiding.

Commissioners present: Gordon, Levine, Fromboluti, Beach, Buchholz, and Nolan.
Absent: Redmond

An audience of some 30 persons was present.

The CHAIR made some comments about the need for the Commission to review emergency preparedness in the District and the AGENDA (with modifications and additions) was adopted by a vote of 6-0.

POLICE OFFICER W. L. Park, PSA 201, provided a brief police report, and responded to several questions and concerns about traffic and speed enforcement and crime statistics.

Mr. Jeff Howard and Ms. Nancy Nickel, accompanied by their architect, next made a presentation regarding their pending BZA request for Special Exception (No. 17396) under paragraph 3104.1, section 223, for a SIDE-YARD VARIANCE at property located at 906 32nd STREET, NW (Square 2021 Lot 13) in an R-1-B zoning district. The owners are proposing to build a small three-story addition/expansion to their home over existing foundation. After discussion and after noting that several neighbors living within 200 feet of the subject property had signed a petition in support of this exception, the Commission upon motion voted by vote of 6 – 0 to send a letter to the BZA in support of this special exception.

Ms. Maureen Flanagan, resident living at 7019 31ST STREET, NW, next appeared to clarify the background and reasons that the Commission had received a second request dated August 10, 2005 from the District Public Space Permits and Records Branch for approval of the use of public space for a driveway already constructed partially on public space at her property. Ms. Flanagan explained that the Commission had already previously voted at its March 8, 2004 to approve her request for use of public space in order for the driveway to be built, that she had advised the Public Space Permits and Records Branch of the Commission’s approval, and that she had received a building permit dated April 22, 2004. She said that the problem might be due to an inspection by the District, which appears not to have been carried out. After discussion, the Commissioners by a vote of 6 – 0 agreed to offer “No Objection” to this use of public space and to return the required form to the Public Space Permits and Records Branch with a letter indicating that the Commission had previously already approved this use, along with a copy of the Commission’s previous approval form.

Commissioner Fromboluti then presented a request for Commission approval of the proposed CLOSING OF AN UNIMPROVED AND UN-MAINTAINED ALLEY twelve feet wide and located betweeN Kanawha Street, Jocelyn Street, Connecticut Avenue and 38th Street (Square 1872). Mrs. Edith Roberts, a resident at 5317 38th Street, appeared and spoke on this subject, indicating that all 11 abutting neighbors were joining to request the alley closing. Pictures were presented showing the completely overgrown and un-maintained nature of this alley, which is impassable and dangerous. The Commission has received a request from the District Department of Consumer and Regulatory Affairs dated August 9, 2005 to provide comments on this matter. The plan is to divide the alley in half and grant six feet to each of the eleven abutting owners having property on the alley. After discussion and upon motion, the Commissioners by a vote of 6 – 0 agreed to support this alley closing and to send letters as appropriate to the various District agencies to indicate such Commission support.

Commissioner Levine then announced the forthcoming first-ever September 18 “CHEVY CHASE DAY” being sponsored by the Chevy Chase Citizens Association. He provided some information about the schedule of events (from 11 a.m. to 6 p.m.) on the Avenue, at the Library and at the Livingston Street Park and asked that the Commission join as a sponsor of the day and that all neighbors be encouraged to attend. The Commission by a vote of 6 – 0 agreed to join as a sponsor of this new community event.
Commissioner Fromboluti next announced that a NEW BOOK entitled “Small Town in a Big City” has just been published regarding the business community in the Chevy Chase area and encouraged people to obtain copies of it.

Chair Gordon then began a discussion concerning the proposed installation of a TENNIS BACKBOARD AT LAFAYETTE PARK. The Chair indicated that the Commission and Commissioners have received numerous e-mail communications expressing both strong support and strong opposition to this proposed backboard, but would not be taking a vote on the matter at this meeting. Commissioner Beach continued with a few background remarks and then introduced Ms. Jackie Stanley of the D.C. Department of Parks and Recreation (Capital Projects), who in turn introduced Mr. Michael Valentine of the Temple Group, DPR’s private contractor working on this matter, to discuss their analysis of proposed four possible options for location of the backboard. Maps indicating the four options (within the existing tennis courts, on the all-purpose court, and at Lafayette Elementary School) were presented. Mr. Valentine indicated that his firm had not been asked to prepare an in-depth study as to such factors as noise and safety associated with each of the options, nor has either his firm or DPR apparently yet contacted any DCPS or Lafayette School personnel as to possible use of the school wall for such a tennis backboard. Some ten neighbors in attendance at the meeting spoke to this matter, providing comments either in support of or in opposition to the backboard and its various locations. Mr. Paul Rosenbaum, tennis instructor at the Park, provided background information concerning the need for the backboard and listed some of the “pros” and “cons” of each alternative location. Neighbors expressed numerous concerns including the appropriateness of such a backboard at all, the noise to neighbors, and safety, as well as general concerns related to current tennis use at the Park. The cost of the backboard has been estimated by DPR to be $9,000 but others put the cost at $5,000. The Commissioners discussed the matter, with Commissioner Levine urging the community to seek to achieve a consensus solution. Chair Gordon concluded the discussion by indicating that the Commission would again take up this matter after the Friends of Lafayette Park has held its public meeting of October 1 and provided its recommendations on the possible installation of this backboard and best location. The Commission requested that DPR officials speak with and coordinate with DCPS personnel as to any possible use of Lafayette School property for this purpose.
Commissioner Levine next provided a brief update on the status of the BROAD BRANCH MARKET redevelopment. The developer has faced some delays due to the need to retain a new architect but that applications for the necessary building permits are about to be filed with the District, a start of construction is due by the end of 2005, and the completion and opening of the new market and day care center is being planned for next fall 2006.

Chair Gordon then acknowledged RECEIPT OF SEVERAL ITEMS AND LETTERS, including:

a. A Northwest Current September 7 editorial concerning the helpful role of this Commission regarding the recent issue of preservation of trees on Military Road and elsewhere in northwest D.C. and for its leadership concerning the new D.C. tree policy.
b. A letter from Council Member Adrian Fenty in support of the Commission’s request to DDOT for installation of a traffic signal light at Connecticut Avenue and Morrison Street.
c. A letter from DDOT regarding installation of tree boxes on Military Road, which did not indicate that the agency would take any action as to the previous Commission request that the asphalt that had been added around the base of the trees in such boxes be removed for the health of the trees.
d. A DDOT letter agreeing, at the request of the Commission (acting on request of the business owners affected), to change existing “no parking” signs on Connecticut Avenue to indicate that the parking prohibition only applies during the hours of 2 – 5 AM so that parking will be allowed during evening business hours. The Commission agreed (without the need for a vote) to send a “follow up” letter to DDOT on this matter since the earlier DDOT letter indicated that the Commission would be advised of the final outcome within a short time and that no such final advice had been received.

COMMISSION BUSINESS:

a. The Minutes of the July 11, 2005 public meeting were approved by a vote of 6-0.
b. The following checks were approved by a vote of 6-0: $56.54 to Verizon (7/4/05 bill); $119.82 for Federal withholding for July; $46.34 to Allen Beach ($23.54 supplies, $22.80 postage); $54.94 to Verizon (8/4/05 bill); $1,500.00 to Chevy Chase Citizens Association (grant); $78.89 to Chevy Chase Bank (Federal withholding for August); $82.17 to Office Depot (supplies).
c. Items for the September 26th meeting include: Property at Lot 27, Square 2292 (5362 27th Street), proposal to build 2nd story apartment unit over an existing garage.

LETTERS TO BE SENT:
a. To BZA re: special exception for 5906 32nd Street.
b. To Public Space & Records Branch re: use of public space at 7019 31st Street.
c. Letters in support of alley closing at Kanawha, Jocelyn, 38th Sts. and Conn. Ave.
d. Follow-up letter to DDOT re: parking signs on Connecticut Avenue.
The Commission meeting was adjourned at 9:10 PM.
The next meeting of the Commission will be held on Monday, September 26.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY
_________________________ ___________________________

Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF SEPTEMBER 26, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Vice Chair Jerry Levine, presiding.

Commissioners present: Levine, Fromboluti, Beach, Buchholz, Redmond, and Nolan.
Absent: Gordon.

An audience of some 20 persons was present.

1. Vice Chair Levine opened the meeting by congratulating the Chevy Chase Citizens Association on the great success of the first CHEVY CHASE DC DAY recently held on Sept. 18. He noted the large and enthusiastic turnout on Connecticut Avenue for store sales and events at the Chevy Chase Community Center and the Chevy Chase library as well as the enthusiastic participation of over 300 neighbors for the parade, music and events of children held at the Chevy Chase Park on Livingston Street. He added that he hoped it would become an annual event in the community and thanked the Association for sponsoring the event and the Commissioners who participated.

2. The AGENDA was adopted by vote of 6-0 with the change suggested by Commissioner Nolan that discussion of the proposal to build a 2nd story over a garage at 5362 27th Street be postponed until the November 14 Commission meeting; she has repeatedly tried to get in touch with Mr. Lennox Douglas of the Department of Consumer and Regulatory Affairs (Permits Office) and he has not yet gotten back to her on the matter (Vice Chair Levine has asked for written advice and legal opinion of the relevant District authorities on this matter before it is considered by the Commission). After discussion, the Commission agreed by a vote of 6-0 to send a letter to Mr. Douglas requesting that he respond to the Commission on the issue. The Commission further agreed to add to the Agenda a request by a resident to provide comments on a serious noise abatement and nuisance problem at a property located at 3934 McKinley Street.

3. Commissioner Nolan next reported on the problem of increased CONSTRUCTION TRUCK TRAFFIC ON MILITARY ROAD. She said that she has tracked many trucks using Military Road to the Sidwell Friends School construction site and has met with the construction primary superintendent at that site, Mr. David Watz, of Davis Construction, as well as Sidwell staff, concerning the issue. She reported that the trucks were subcontracted to an excavation company, Golden Stafford, and that Mr. Watz cannot mandate which route they use to drive when exiting the construction site. The only requirement is that they exit the site onto Wisconsin Avenue, since this stipulation was part of the permit agreement drawn up with DDOT for the construction work there. She noted that the use of the Nebraska Avenue-Military Road route is the fastest and most gas-saving route to their dumping site in Greenbelt, Maryland; and since the truckers are paid according to the number of trips they make each day, saving time is important to them. Davis Construction apparently worked to obtain agreements with two ANCs that are directly affected by the project, but ANC 3/4G was not included in those discussions. Commissioner Nolan advised that she plans to meet with the project supervisor for Golden Stafford and also the project manager for the site, John Ellen, concerning the matter.

4. Lt. Lockerman of PSA 201 (accompanied by Officer W. L. Parr) then addressed the CONSTRUCTION TRUCK PROBLEM and other POLICE ISSUES relevant to the community. He advised that he has stationed an officer on duty on Military Road from the hours of 10AM to 6PM each day, and that such officer has stopped many trucks and issued tickets for various infractions, including lack of permits, invalid driving licenses and registrations, uncovered trucks, speeding, etc. He said that such enforcement work would continue. He also noted that he has established a late night checkpoint on Military Road to deter potential criminal activities by persons entering the community. He further reported that Mr. Richard Dorman (known in the neighborhood as the “yard man”), who is alleged to have been involved in crimes in our area, is now in jail, pending a hearing on a prison escape charge and that further, a robbery charge against Mr. Dorman is pending before the Grand Jury. Commissioner Beach requested that police presence be increased on Western Avenue, east of Chevy Chase Circle, so as to deter speeding on the newly repaved road. Vice Chair Levine asked Lt. Lockerman to work with the Commission further to notify District agencies of potentially dangerous areas in need of additional lighting in our neighborhood. The Commissioners thanked Lt. Lockerman for all the continued good work he and his officers are doing in our neighborhood.

5. Vice Chair Levine then introduced Mr. Kenneth L. Wainstein, the new US ATTORNEY for the District of Columbia, and provided some biographical information. Mr. Wainstein gave a brief presentation concerning the work of the US Attorney’s office. He described the activities his office conducts with the Metropolitan Police Department, Second District, as well as with the various neighborhoods and communities of the District, making specific reference to our area’s chief concerns about burglaries, car thefts, and similar criminal matters. He also introduced Attorney Mr. Albert Gray and Ms. Rita Flynn, 2D outreach specialist, of his office, and Attorney Timothy Lucas, 2D Community Prosecutor. These attorneys can all be contacted at 202-514-6600. A number of questions and comments from the Commissioners and audience then followed. Commissioner Beach asked if he could obtain information on the number of individuals arrested for federal crimes who were subsequently sentenced to jail terms. Vice Chair Levine followed up by asking how the numbers of such “closures” in the federal District courts in D.C. compare to those in other large U.S. cities. Mr. Albert Gray responded that the rate of closures in D.C. is about the same as elsewhere in the country, including as compared to similar communities in Maryland and Virginia. Mr. Wainstein noted that the rate of DC closures has greatly improved over the past seven years and also advised that “The Court Report” provides monthly information on community prosecutions and related issues. Vice Chair Levine then asked whether victims of crimes are given information as to whether arrests have been made in their cases, including the status of prosecutions. Mr. Wainstein replied that all victims are supposed to be provided with such notices and information. The US Attorneys were thanked for taking the time to be with the Commission and neighborhood.

6. Mr. Steven Seelig of the 3900 block of McKinley Street next raised the issue of continuous late night parties and attendant noise all night at a property located at 3936 MCKINLEY STREET that is rented to an employee of the EMBASSY OF SWAZILAND. Mr. Seelig and his wife live next door to that property. Although police have been called out to the property several times because of the late night noise, the problem has not abated. Since the tenant apparently enjoys diplomatic status, there may be limited available remedies, though that issue would need to be researched. After discussion, the Commission agreed by a vote of 6-0 to seek to obtain further information and facts concerning this matter, and in that regard, to send a letter to the State Department, with a copy to the Ambassador of Swaziland, requesting a full report on the problem, as well as an additional letter to Commander Contee of the Second District Police Department asking him to investigate the matter.

7. Further discussion of the construction TRUCK PROBLEM on Military Road then ensued. Commissioner Buchholz made the following comments regarding the Sidwell Friends construction: (a) as to the route the trucks use to get to Greenbelt, such a route would likely take the trucks near the headquarters of the Department of Homeland Security; (b) the route of Military Road by such trucks may be more appropriate than having all such trucks scattered throughout the Chevy Chase neighborhood; (c) we need to obtain some answers from DDOT as to the exact nature of traffic pattern and lane changes they are planning for Military Road, and when they are to be implemented, and in that regard he asked that the Commission request DDOT officials to attend an ANC meeting in November to discuss their plans. Comments from those neighbors in attendance at the meeting, including those of a representative of the “Military Road Alliance”, mentioned the existence of additional trucks on Military Road coming from construction sites at the Chinese Embassy (at Reno Road and Van Ness Street) and the Georgetown Day School on MacArthur Blvd. Vice Chair Levine stated that, in his view, the Commission is the only properly authorized entity to be considering and working to resolve this issue, and that the “Military Road Alliance” has no official authority from the ANC or for that matter, to his knowledge, from anyone else; he cautioned that neither the Alliance nor any individual residents should be arranging official meetings or having separate discussions with construction of school and facility representatives on this mater without the lead participation and involvement of the Commission, most importantly, by the two officially-designated Commission members who have been asked to handle all Military Road matters for the Commission and neighborhood. Therefore, all future communications and meetings on this issue are to be arranged by and handled by Chair Robert Gordon and Commissioner Samantha Nolan, who in turn will bring back to the Commission any issues that they believe are important or relevant to the work of the Commission.

8. Commissioner Fromboluti next indicated that he would be attending the upcoming DC COMPREHENSIVE PLAN meeting scheduled for September 28 and report back to the Commission on the status of this matter.

9. Ms. Anne Renshaw reported that WMATA has sent out Requests for Proposals (RFPs) for the development of the WESTERN BUS GARAGE (located at Western Avenue and Jennifer Street) to be submitted to WMATA by interested developers in mid-November. She further reported that the Friendship Heights Task Force recently held its quarterly meeting.

10. COMMISSION BUSINESS:

a. The Minutes of the September 12, 2005 public meeting were approved by a vote of 5-0-1 (Redmond, who had not attended that meeting, abstained);
b. Commissioner Redmond reported that she now has two alternative design concepts for the ANC’s website that Commissioners can review on-line. Commissioner Nolan noted that the website can be made “ADA-compliant” with the help of a volunteer in the community;
c. The following checks were approved by a vote of 6-0: $57.14 to Verizon (9/14/05 bill); $37.01 to Allen Beach for reimbursement of costs for obtaining computer antivirus protection from McAfee;
d. Items for the October 24th meeting include: Lafayette Park tennis backboard; Quarterly Financial Report; updates on meeting on the Comprehensive Plan and other relevant community meetings; possible attendance by DDOT officials regarding Military Road; and an application to build a wall and trellis at property located at 5615 39th Street;
e. Commissioner Beach reported on improved Commission office conditions due to review and discarding of old records, and reorganization of retained files.

11. LETTERS TO BE SENT TO:
a. Mr. Lennox Douglas, DCRA, concerning property at 5362 27th Street.
b. US State Department and Second District Police concerning abatement of noise nuisance at 3934 McKinley Street, with copy to Ambassador of Swaziland
The Commission meeting was adjourned at 8:50 PM.
The next meeting of the Commission will be held on Monday, October 24, 2005.
RESPECTFULLY SUBMITTED:
VICE CHAIR: SECRETARY:

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF OCTOBER 24, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Vice Chair Jerry Levine, presiding.

Commissioners present: Levine, Fromboluti, Beach, Buchholz, Redmond, and Nolan.
Absent: Gordon.

An audience of some 20 persons was present.

1. The AGENDA was approved by a vote of 6- 0, with agreement to withdraw, at the owner’s request, the matter of the application for a use of public space at 3130 Worthington Street.

2. Ms. Mary Lou Rife (parent coordinator) provided a description of the HUMANITIES, ARTS AND MEDIA ACADEMY AT WILSON HIGH SCHOOL and the workshops on Global Humanities that were funded, in part, by the proceeds of a 2005 Commission grant. The $1,000 Commission grant that was awarded this past spring was expended for stipends for workshop speakers over the course of two days, October. 1-2, 2005. Two Wilson students and a teacher also discussed their excellent experiences in the program.

3. Ms. Annie Mann, owner of Circle Yoga, and her architect, Ms. Jill Schick, next discussed the USE OF PUBLIC SPACE TO CONSTRUCT A WALL AND TRELLIS AT 5615 39TH STREET (at Northampton Street). The Commission, after discussion and upon motion by Vice Chair Levine, by a vote of 6-0, agreed to offer no objection to this proposal for the building of a trellis at the entrance to the studio.

4. The Commission and residents in attendance at the meeting then discussed in some depth the possible installation of a TENNIS BACKBOARD AT LAFAYETTE PARK. Vice Chair Levine provided some background information on the issue (including describing the many e-mails both in favor and opposed to the backboard that the Commission has received) and read a statement by Chair Gordon into the record (in his absence) that discusses some of the various options and concludes with support for the placement of a backboard on the wall of the Lafayette School along with needed asphalt repairs in the area. During the discussion, which included a number of residents in attendance, Mr. Paul Rosenbaum, program director of the Lafayette Park Tennis Club, proposed a new option for the type and location of the tennis practice board — a net backboard that consists of elasticized netting in a metal frame that is taut enough to let the ball rebound off it and attaches to a fence for security. He recommended the purchase of 2 such backboards, one to be placed in the southwestern corner of the multipurpose court and a second on the lower tennis court on the south side fence. Commissioners provided their views of the issue, with substantial interest in exploring this new far less expensive and less noisy option, while at the same time obtaining more information about the feasibility of possible installation of the backboard at the School property and necessary repairs to the asphalt pavement area. After discussion, the Commission asked the Friends of the Lafayette Park to review the new proposal and to provide its views to the Commission. No action was taken on this matter at the meeting, but the issue will be considered once again at a future meeting when additional information is available.

5. As no representative was present from WASA, the Commission deferred the matter on the agenda for a report from WASA on the LEAD REPLACEMENT SERVICE PROGRAM. The Commission noted that old water pipe replacement program is taking place at various neighborhood locations (six specific ones were listed).

6. Since DDOT officials were also not available for the meeting, the matter of DDOT PLANS FOR TRAFFIC PATTERN CHANGES ON MILITARY ROAD was also deferred.

7. The Commission next agreed, by a vote of 6-0 after motion by Commissioner Nolan, to support the ZONING COMMISSION’S PROPOSAL TO ALLOW PRIVATE SCHOOLS THE FLEXIBILITY TO ENROLL STUDENTS DISPLACED BY HURRICANE KATRINA (a plan under which the “cap” on certain private school attendance would be lifted for one year to allow for admittance of hurricane victim students from affected areas). It was understood that this exemption would allow for possible maximum increase in each school of 20 students or 10 percent, whichever is smaller, and would expire on July 1, 2006.

8. COMMISSION BUSINESS:

The Minutes of the September 26, 2005 public meeting were approved by a vote of 6-0.
Commissioner Redmond reported on a safety week meeting at Lafayette School.
The following checks were approved by a vote of 6-0 (motion by Treasurer Fromboluti): Verizon $56.94 (10/04/05 bill). Chevy Chase Bank $107.47 (federal w/holding September).
The July-September Quarterly Financial Report was approved by a vote of 6- 0 (motion by Treasurer Fromboluti) .
The draft Annual Report of the Commission for FY05 (October 2004 – September 2005) was approved by a vote of 6 – 0 (motion by Commissioner Nolan).
A draft letter response to be sent to the DC Auditor regarding disapproval of reimbursement totaling $33.58 (credit card purchases) was approved by a vote of 6 – 0 (motion by Treasurer Fromboluti).
The proposed budget for FY06 (October 2005 – September 2006) was approved by a vote of 6-0 (motion by Treasurer Fromboluti), with the understanding that the hourly rate salary for the office director will be raised by one dollar an hour to $17 per hour, effective January 1, 2006. Prior to the vote, Vice Chair Levine reported on his conversation with Gottlieb Simon of the Office of ANCs concerning the status of this fiscal year’s ANC allocation.
The next scheduled meeting of the Commission is set for November 14, 2006 and will include the following items: Application for variance at 5603 Chevy Chase Parkway; Lafayette Park Tennis backboard; DDOT report on Military Road; apartment over garage on 27th Street; report on Casey Trees; noise from embassy parties at 3936 McKinley Street; WASA lead pipe replacement program.

9. LETTERS TO BE SENT TO:
a. DDOT re: use of public space at 5615 39th Street.
b. DC Council re: Annual Report of the Commission.
c. DC Auditor re: disallowance of certain expenditures.
d. Zoning Commission re: lifting the cap on private school enrollments for hurricane victims.

The Commission meeting was adjourned at 9:00 PM.
The next meeting of the Commission will be held on Monday, November 14, 2005.

RESPECTFULLY SUBMITTED:

VICE CHAIR: SECRETARY:
_________________________ ___________________________
Jerry Levine Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF NOVEMBER 14, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon, presiding.

Commissioners present: Gordon, Levine, Fromboluti, Beach, Buchholz, and Nolan.
Absent: Redmond.

An audience of some 15 persons was present.

The AGENDA was approved by a vote of 6-0, with agreement as to several modifications: specific discussion of the apartment constructed over a garage at 5362 27th Street was postponed until the December 12 meeting (although a general discussion of the policy questions involved was placed on the agenda, as discussed below); DDOT officials will be formally invited to attend the next Commission meeting, on November 28, to discuss Military Road plans and other traffic issues in the neighborhood; a report from the Casey Trees Foundation was postponed until a future meeting; and the matter of possible installation of a tennis backboard at Lafayette Park will be discussed at a subsequent meeting after further input has been received from the community, including the Friends of Lafayette Park organization, on this issue.

Mr. Charles Kiely of WASA next appeared at the meeting to report on the status of capital improvements that WASA is undertaking in the area. Mr. Kiely explained that the large valve replacements taking place at Military Road and 27th Street, 29th Street and Fessenden Street, and at Georgia Avenue and Missouri Avenue, should all be completed within the next several months, and that four of the five are essentially already done. These valve replacements might be the cause of low water pressure that has recently been reported by the community, as discussed on the community listserv. Mr. Kiely said that residents should report any continued water pressure or other significant water problems to WASA’s emergency number, 202-612-3400. The normal customer service number for WASA to report non-emergency matters is 202-354-3600 (or on their website: “www.dc.wasa.com”). Mr. Keily also heard complaints by neighbors about the plates on the roadway and noise from traffic going over them. He will notify us when all valve replacements in our area have been completed. Regarding questions about the status of WASA’s lead pipe replacement program, Mr. Kiely reported that WASA’s procedure involves going on a block-by-block basis to replace nearly all of the 28,000 water lines in the city over the next four years. Affected residents are being notified through a notification package explaining the process that begins 40 days before the scheduled replacement work; the package also contains information on various homeowner financing and payment options for those who desire to replace the lead pipes running from their property line into their houses, which are “private side” lines not being replaced by WASA, at the same time as the public lines are replaced.

Commissioner Nolan next reported on POLICE SURVEILLANCE OF CONSTRUCTION TRUCKS ON MILITARY ROAD. She said that the police department has assigned Officer Fisher to this task; he has reported that some 114 trucks were inspected during the week of October 31-November 4, that such inspection resulted in 120 violations being cited with 39 written infractions and 11 trucks taken out of service, and that fines of $9,774.00 were imposed for this one week alone. Chair Gordon congratulated the DC police for their work on this. The Commission agreed to send a letter to Commander Contee commending the department and Officer Fisher for their work regarding this problem.

Discussion was next held among the Commissioners concerning the general issue of the USE OF AN APARTMENT over an unattached garage located in a residential zone (R-1-B) (the specific matter of such a structure on 27th Street was deferred until the next meeting). Commissioner Fromboluti cited a provision of the DC zoning regulations that limits the occupancy of such space to that of a domestic employee of the homeowner. He noted that this requirement has origins in past times when some homeowners regularly had live-in help who were housed outside the house above the carriage house but still on their property. Commissioner Levine questioned whether or not this limited category of use and occupancy is the sole permitted use for such a second story apartment over a garage, citing the language of the DCRA letter dated October 21, 2005 to the Commission that includes other uses permitted by Chapter 2 of Title II of the DC Municipal Regulations and asking, for example, whether or not a member of the immediate or even extended family of the homeowner themselves could occupy the unit. Commissioner Levine reiterated his previous request for receipt of a legal opinion on this matter from the Office of the Attorney General. He agreed to draft a letter for the Commission to send to DCRA repeating our request for such a legal opinion concerning the specific matter at 27th Street, and also to learn exactly what uses for occupancy of this kind of structure DCRA believes are permitted. Further, we would like to know whether or not DCRA has received any complaints relating to this property, given the filing of a BZA objection by the neighbors.

The issue of a TENNIS BACKBOARD AT LAFAYETTE PARK was postponed until the next Commission meeting due to the need to obtain further information and community input on the backboard’s proponents’ most recent proposal for a soft, “net” type backboard. Commissioner Buchholz commented that, based upon his recent observation of a concrete-type backboard in the city, the sound emanating from tennis balls bouncing off of non-wood backboards would not seem to be too great. Chair Gordon stated that in his view, after the Commission has received the needed final information relating to this matter, it should take an “up-or-down” vote on the issue since it has been pending for such a long time. Other Commissioners felt that it was important to wait until all available information was obtained and that the process of neighborhood review and input will have been helpful to reaching the best possible backboard location alternative.

Commissioner Beach next noted that at long last, necessary roof repairs at the CHEVY CHASE COMMUNITY CENTER have been begun by the DC Department of Parks and Recreation. Chair Gordon commented on the need for continued watering of newly planted trees located around the Community Center, noting that the volunteer efforts of Commissioner Beach and Diane Werneke, Commission Office Manager, have been successful at preserving several trees. Further information on the planting and maintenance of trees throughout the community will be discussed when Casey Trees Foundation officials attend a future Commission meeting.

Commissioner Buchhotz then reported on a recent meeting held for ANC Commissioners by Council Member Mendelson. He said that some 6 Commissioners were present and included various reports on schools and the baseball stadium. The Commissioners then discussed the best manner in which to keep all At-Large Council Members informed about the Commission’s business and concerns. It was agreed that the Commission would continue its existing policy of providing copies of all appropriate Commission correspondence, as necessary on a case-by-case basis, to all At-Large Council Members, recognizing that most regular correspondence from the Commission will include copies to just the two Ward 3 and 4 Council Members.

Commissioner Nolan next noted that official notification has been received from DDOT that a portion of RENO ROAD WILL BE CLOSED in the southbound direction between Nebraska Avenue and Military Road until spring, 2007. Traffic will be diverted to 41st Street and to Connecticut Avenue. Commissioners expressed concern about the implications for traffic flow as a result of this closing and will ask DDOT officials about the matter when they next appear at a Commission meeting.

Commissioner Levine expressed his regret that the DC Office of Planning has now withdrawn the entire UPPER WISCONSIN AVENUE CORRIDOR SMALL AREA PLAN. Other Commissioners cited as the main reason the extent of community opposition over the increased density that the plan had proposed. Commissioner Levine and other Commissioners also discussed the troublesome situation with OVERFLOWING TRASH bins on Connecticut Avenue, and the need to come up with new ideas for keeping the Avenue clean.

COMMISSION BUSINESS:

The Minutes of the October 24, 2005 public meeting were approved by a vote of 5-0-1 (Chair Gordon abstaining since he was absent from that meeting).
The following checks were approved by a vote of 6-0: Verizon, $55.84 (11/04/05 bill); Chevy Chase Bank, $108.47 (federal withholding for October); Allen Beach, $61.30 reimbursement (petty cash -$30.10 stamps, $31.20 e-mail — these charges only being able to be paid by credit card); Office Depot, $98.18 (supplies); Wilson PTA, $1,000.00 (approved grant).
Commissioners Beach and Gordon provided a brief update the status of Commission grants. The budget for Commission grants is currently a maximum of $5,000 per grant cycle. There are two grant applications received and one pending, with presentations and Commission decisions scheduled before the end of the year.
The next scheduled meeting of the Commission will be held on November 28, 2006 and will include the following tentative agenda items: Application for variance at 5603 Chevy Chase Parkway; special exception for the Chevy Chase Baptist Child Center; Lafayette Park Tennis backboard; DDOT report on Military Road and other transportation issues in our area; report from the Casey Trees Foundation; status of request for noise abatement resulting from embassy parties at 3936 McKinley Street; and fall Commission grant application presentations.

LETTERS TO BE SENT TO:
— DCRA re apartment over garage
— DDOT re Military Road plans, traffic light at Connecticut Avenue and Morrison Street
— Second District Police Chief re enforcement of truck traffic on Military Road
The Commission meeting was adjourned at 9:15 PM.
The next meeting of the Commission will be held on Monday, November 28, 2005 at 7:30 p.m.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:
_________________________ ___________________________

Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF NOVEMBER 28, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon, presiding.

Commissioners present: Gordon, Levine, Fromboluti, Beach, and Buchholz.
Absent: Nolan and Redmond

An audience of some 30 persons was present.

The AGENDA was approved by a vote of 5- 0, with agreement as to several modifications: Vice Chair Levine requested a deferral of the matter of a Special Exception at 5603 Chevy Chase Parkway, as well as the matter of an update on the status of the Broad Branch Market redevelopment, both until the December 12 meeting; Commissioner Buchholz requested a matter to be added to provide a source referral for BZA views concerning living facilities over detached garages; and Chair Gordon added two items— conflict on December 12 with a meeting on the Tenleytown Library and the possible availability of a gift of cherry trees for the Chevy Chase area.

Chair Gordon then recognized and Secretary Beach welcomed members of BOY SCOUT TROOP #52 who were in attendance at the meeting as part of their requirement for community service in connection with earning a Communications Merit Badge from the Scouts.

Chair Gordon then introduced the matter of Application #17448 for a Special Exception at the CHEVY CHASE BAPTIST CHILD CENTER for a child development center for more than 16 children in an R-2 zone. Chair Gordon and Vice Chair Levine both said that they had had prior contact with representatives of the school and that there did not seem to be any known opposition in the neighborhood to this existing child center and its plans to become independent of the church. Commissioner Buchholz indicated that there could be some issues concerning the availability of parking at the site, including the proposed addition of eight new off street parking spaces, and thought that the Commission should hear the matter with representatives of the Center in attendance at a future meeting. Vice Chair Levine expressed his view that in light of the longtime successful existence of the Center, the mere change of legal status being proposed at this point and the lack of any known opposition to the change, this zoning matter could and should go forward and be voted upon by the Commission at this time. After further discussion and upon motion by Vice Chair Levine, the Commission by a vote of 4-1 (Commissioner Buchholz opposing) agreed to send a letter to the BZA in support of this Application #17448. Chair Gordon was authorized to represent the Commission before the BZA on this matter.

The Commission next heard three GRANT REQUEST PRESENTATIONS for the Commission’s fall grant cycle: $700.00 for the Chevy Chase Citizens Association for a tree watering machine for trees and plants along Connecticut Avenue; $1,000.00 for the Lafayette School Home and School Association to expand (by removing asphalt and adding enriched soil) the Schoolyard Garden Project that was started in the summer of 2005 and that gives neighborhood children the opportunity to plant and tend small garden plots; and $1,000.00 for the Friends of Lafayette Park to continue renovating the Park. Chair Gordon and Vice Chair Levine asked the representative of the Citizens Association to resubmit her grant request indicating the full support of the leadership of the Association for this grant in relation to overall priorities of the Association. Chair Gordon further asked that all applicants show more clearly in their submissions how the individual projects would specifically benefit from the use of Commission grants, and Vice Chair Levine asked that each applicant submit a detailed budget showing the proposed uses of Commission grant funds. Secretary Beach advised that recipients must now provide receipts to the Commission for all of their grant expenditures. The Commission will vote on these grant requests at its December 12 meeting.

Two representatives from DDOT, Ms. Samira Cook and Mr. Derage Seifu, next appeared at the meeting, at the Commission’s request, in order to provide the community with an update on TRAFFIC ISSUES IN THE NEIGHBORHOOD and to answer questions on the installation of the already-approved MILITARY ROAD CHANGES. Ms. Cook reported that the planned December 3-4 re-striping of Military Road in order to reduce the number of lanes from four to three in a portion of the Road is proceeding on schedule and will be accompanied, as planned, by changes in the timing of traffic lights to ensure even traffic flows (during the “design integration” phase). She advised that during the first two weeks after the early December installation, DDOT will monitor traffic flows carefully and on a nearly daily basis, and will in particular look to see whether there is any resulting build-up in congestion or diversion of traffic into neighborhoods off of and from Military Road onto other streets. Secretary Beach and Chair Gordon both asked about the installation of “semi-actuated” street light sensors at 28th and 30th Streets, stating that in their view, these sensors are absolutely necessary for neighbors to safely exit from their neighborhood streets onto Military Road. The DDOT officials responded by saying that once DDOT has determined the optimal timing of the signalization along Military Road, sensors would be installed at 28th and 30th Streets.

Questions from the audience to the DDOT officials included concern about ways for neighbors to communicate problems after the changes are made on Military Road directly to DDOT; Ms. Cook responded that a request from neighbors for DDOT to establish a dedicated e-mail address at DDOT for submission of citizen views and reporting of problem areas would be seriously considered. In response to further questions, DDOT officials advised that both the National Park Service as well as the Second District police have been informed of the timetable for the changes on Military Road and DDOT’s plans for monitoring of the results.

Commissioner Buchholz then raised several questions concerning other DDOT issues. First, he asked about DDOT’s decision-making process and the manner in which DDOT indicates that the Commission’s position on any particular traffic measure has been given the “great weight” required by District law (one example provided was the issue of a raised crosswalk on Rittenhouse Street where the views of some neighbors and the Commission were negative but where DDOT nevertheless determined to install the device). Ms. Cook responded that in certain cases such as the one cited on Rittenhouse Street, in the expert view of DDOT officials, safety considerations must override community opposition and thus DDOT made the decision the other way. Secretary Beach and other commissioners stated that they felt it would be most helpful if DDOT would provide the Commission, in each instance, with written advice concerning how it considered the views of the Commission, the extent to which such views were given “great weight” in its decision-making process (as other DC agencies such as the BZA regularly do) and why it chose to follow or override the Commission’s views, as the case may be.

Several Commissioners then asked the DDOT officials about the timing for installation of the previously approved traffic stoplight at Connecticut Avenue and Morrison Street. The DDOT officials advised that DDOT is now awaiting receipt of appropriated federal funds that will cover 80 percent of the costs of installation of the light and that installation is now scheduled for the spring of 2006. Vice Chair Levine asked that DDOT provide as much advance notice as possible to the Commission and neighborhood of the exact date for this traffic light installation.

Commissioner Buchholz next asked about the reconstruction of Nebraska Avenue and installation of curbs and sidewalks. Ms. Cook responded that she would look into the matter and advise the Commission on the status.

Vice Chair Levine next asked about the status of reconstruction and partial closure of Reno Road—in recent days the signage about the impending closure of the Road to southbound traffic between Military Road and Nebraska Avenue has been removed. Ms. Cook replied that she believed this was a temporary measure due to DDOT’s citywide postponement of traffic work during the Thanksgiving holidays. In this connection, Treasurer Fromboluti suggested that the closure of Reno Road to southbound traffic extend only to Fessenden Street, which would give commuters a detour route off of Reno Road that would have considerably less impact on neighborhood streets that are too small to handle the increased volume of traffic.

DDOT officials were also asked about the reconstruction of 38th Street and responded that they would look into the matter and advise the Commission on that matter.

Secretary Beach reported that the reconstruction work on Western Avenue is nearly complete, but that there is a need for additional repairs at Pinehurst Circle. Ms. Cook added that to her list of needed responses from DDOT.

Chair Gordon then asked about the city’s promotion of the “flex cars” program, saying that, after discussing it with the community and the Commission early next year, the Chevy Chase business area might be a candidate for placing a small number of Flex cars. The DDOT officials described and explained the “flex car” program, including the costs involved.

Finally, members of the audience raised the issue of the traffic light timing at Connecticut Avenue and Livingston Street, noting that the green signal is on for only 6 seconds unless pedestrians press the crossing button—far too little time for pedestrians or cars to safely cross the intersection or exit from Livingston Street onto Connecticut Avenue. DDOT will also look into this matter.

Mr. Felix Lapinski, a resident and representative for the CASEY TREES FOUNDATION, next made a brief presentation concerning the Foundation’s work, explaining the scope of services the Foundation is able to undertake with respect to trees in our area. He advised that the Foundation has inventoried all existing trees in the District, and that it provides training for residents concerning the planting and watering of new trees, and also that it responds to citizen requests for the planting of new street trees (between the curb and sidewalk). With regard to maintenance, he said that subject falls solely within the purview of the Urban Forestry Administration (which is currently without a director), and urged all District citizens, where possible, to take responsibility for watering and maintaining their own neighborhood street trees. Secretary Beach noted that asphalt recently installed by DDOT within some tree boxes on Military Road could cause mature trees located in such areas to die, and Treasurer Fromboluti, who had initiated a letter to DDOT earlier in the summer concerning this issue, asked that the Commission revisit this matter at its next meeting. Chair Gordon further reported that the Commission has received an invitation from the DC GreenWorks organization for the neighborhood to apply to receive three new cherry blossom trees as a gift to the community and urged the Friends of Lafayette Park or other interested neighborhood groups to apply to that organization for this gift of trees.

Commission Beach next raised the issue of the TENNIS PRACTICE BACKBOARD AT LAFAYETTE PARK. He noted that the Friends of Lafayette Park has recently endorsed the revised proposal for the installation of a “Bakko” mesh practice net on the south inside fence of the existing northwest tennis court, to be erected on a trial basis. The FOLP organization has indicated that this type of practice net addresses most of the concerns raised by neighbors as to noise, cost, size and aesthetics, provided it is erected at this tennis court site rather than on the multi-purpose court. In the future, depending on the results of this trial, this rather inexpensive option could be considered for additional sites in the Park as well. After discussion and upon motion by Commissioner Buchholz with amendment by Chair Gordon, the Commission agreed by a vote of 5-0 to send a letter to the DC Parks and Recreation Department indicating its support for this compromise solution and recommendation.

Chair Gordon then noted that he had received notification of a meeting about the status of reconstruction of the Tenleytown library scheduled for December 12, the same day as the next Commission meeting. The Commission will hold its regular meeting on that day notwithstanding this conflict in scheduling.

In relation to a pending Commission matter concerning an apartment located on the second story over a garage in a residential zone, Commissioner Buchholz as a matter of information referred Commissioners to BZA Order #16696 expressing certain BZA views on this subject.

COMMISSION BUSINESS:

The Minutes of the November 14, 2005 public meeting were approved by a vote of 5-0.
The following check was approved by a vote of 6-0: $361.00 to St. Paul Travelers (workers’ compensation).
The next scheduled meeting of the Commission is scheduled for December 12, 2005 and will include the following items: Application for variance at 5603 Chevy Chase Parkway; Apartment over a garage at 5362 27th Street; Commission votes on pending grant requests; and a report on pending/outstanding Commission issues.

LETTERS TO BE SENT TO:
a. BZA re: Commission support for Chevy Chase Baptist Child Center.
b. Department of Parks and Recreation re: endorsement of Lafayette Park mesh tennis practice backboard.
c. DC Auditor re: ANC check policy.
The Commission meeting was adjourned at 9:30 PM
The next meeting of the Commission will be held on Monday, December 12, 2005.

RESPECTFULLY SUBMITTED

CHAIR: SECRETARY:
_________________________ ___________________________
Robert Gordon Allen Beach

CHEVY CHASE ADVISORY NEIGHBORHOOD COMMISSION 3/4G
MINUTES OF DECEMBER 12, 2005 MEETING

Chevy Chase Community Center, 5601 Connecticut Avenue, NW, Washington, DC 20015.
Chair Robert Gordon, presiding.

Commissioners present: Gordon, Levine, Beach, Buchholz, Nolan and Redmond.
Absent: Fromboluti.

An audience of some 20 persons was present.

1. The AGENDA was adopted by a vote of 6 – 0, with agreement to add several matters, including a Second District police officer’s report, and brief reports on the status of the Broad Branch Market and Military Road traffic.

2. Officer Parr (Second District Police, PSA 201) next provided a neighborhood POLICE REPORT concerning recent crime in the area, noting that in general the incidence of crime is down substantially within PSA 201 (minus 78%). He also reported on recent store break-ins on Connecticut Avenue and advised that there is a bank watch on in the area; he also said that police officers have been watching cross walks and are issuing tickets both to drivers for failure to stop for pedestrians as well as to pedestrians who are not walking within the crosswalks. Upon being questioned about the noise issue from late night parties at embassy-related property at 3936 MCKINLEY STREET, Officer Parr discussed the problem the police are having in seeking to abate the nuisance at this property, in that the residents claim diplomatic immunity status (the police being therefore unable to take any direct action to resolve the matter). Mr. Steve Seelig, a neighbor residing near the property in question, appeared and reported on the continuing problems the neighbors are experiencing from very noisy nighttime parties at this site. Further discussion centered upon actions that might be taken relating to the homestead exemption on the property, the necessity for a business license, and the like. After discussion, and by a vote of 6 – 0, the Commission agreed to write letters to the appropriate DC and other officials, including the Office of Attorney General, requesting information as to whether any and all necessary business licenses and/or certificates of occupancy have been obtained for this location, if the owner is claiming the “homeowners exemption”, and what remedies might be available to the Commission to take action to stop the noisy parties at this property.

3. Mr. Brian Bullock, a homeowner residing at 5603 CHEVY CHASE PARKWAY, next made a presentation concerning his request (with his wife) (BZA Application #17448) to the BZA for a special exception for a proposed rear addition to a single-family dwelling not meeting lot and side-yard requirement in an R-1-B district. Mr. Bullock explained that the addition would provide expanded kitchen space for his growing family and presented a petition of neighbors concurring in his request; Vice Chair Levine further indicated that he had received a telephone call from Mr. Bullock’s next-door neighbor also providing support and consent to the application. After discussion and hearing no opposition to this special exception request and by a vote of 6 – 0, the Commission agreed to send a letter to the BZA in support of this request and appointed Vice Chair Levine as its authorized representative to represent the Commission for all purposes in this matter.

4. Commissioner Nolan next began a discussion of BZA Appeal #17414 concerning the construction of a SECOND STORY APARTMENT UNIT OVER A GARAGE at property located at 5362 32ND STREET NW (Square 2292, Lot 27). The Appeal was filed by a neighbor (Mr. Jeffrey Schonberger) from the administrative decision of the Zoning Administrator (DCRA) to issue a building permit (Permit #B456380, dated October 30, 2003) that authorized the construction of a two-story detached garage, including an apartment unit on the second story, at this site. The appellant (Mr. Schonberger) appeared at the meeting and provided his reasons for the appeal, citing District regulations that, in his view, constrain the maximum size of the garage, the distance from the rear yard line, and the effect of the structure on the light and air of adjoining properties. Mr. Thomas J. Carroll, attorney for the property owners (Matthew and Amy Cohen Epstein), then followed with a review of the history of the issuance of building permits for this property and other background on the matter, citing his view of the correct interpretation of each of the District regulations at issue in the case. He stated and certified with his clients that in accordance with District zoning requirements, the sole use of the second story garage will be for the “sleeping or living quarters of domestic employees of the family occupying the main building”. Each of the Commissioners asked questions of the two sides in this case and expressed their individual views of the matter. Vice Chair Levine indicated that in his opinion, the use of the apartment unit was a permitted use in the R-1-B zone and that the appellant was incorrectly interpreting the zoning regulations in his opposition to the construction of this second story garage. After further discussion, Commissioner Nolan moved that the Commission send a letter to the BZA stating that after hearing both sides to the issue, the Commission had decided to take NO POSITION on this matter. Vice Chair Levine then moved a substitute motion that would have had the Commission sending a letter to the BZA opposing the neighbor’s appeal and in support of the homeowner. Vice Chair Levine’s motion failed for want of a second. The Commission then voted on Commissioner Nolan’s original motion, agreeing by a vote of 5-1 (Vice Chair Levine opposing) to send a letter of “no position” to the BZA, and appointed Commissioner Nolan to represent the Commission before the BZA for all purposes in this case. Vice Chair Levine will file a Minority Report with the BZA (a copy of Mr. Levine’s Minority Report on this matter is attached to these Minutes) setting forth his individual views in the matter.

5. A short discussion then continued concerning the noise problem at 3936 MCKINLEY STREET, as discussed in Item #2 above. No additional action was taken other than as described above.

6. The Commissioners next discussed the recently released ROCK CREEK PARK Final General Management Plan and Environmental Impact Statement dated November 18, 2005 (public comments being accepted until January 16, 2005 — copies of the plan are available at http://parkplanning.nps.gov/projectHOME.cfm?projectID=11262). While most (but not all) of the Commissioners agreed with the National Park Service’s decision to keep Beach Drive open to vehicular traffic during weekday non-business rush hour times, discussion focused on the slower speed limit (down from 25 mph to 20 mph) being proposed for a portion of Beach Drive below Broad Branch Road, and the NPS decision to erect “speed tables” (a wider but shallower variation of speed bumps) on some of the Park roads. These changes could have the effect of diverting traffic out of the Park and into neighborhood streets. The Commission will further consider this matter and possible additional responses it might have to the revised final NPS plan at the next meeting of the Commission on January 9, 2006; Commissioner Buchholz will draft a proposed letter to the National Park Service for presentation to and review by the Commission at that time.

7. Chair Gordon next began a discussion of certain pending and still OUTSTANDING AND UNRESOLVED MATTERS within the Commission’s area, including the status of the Broad Branch Market, trees, no-parking signs on Connecticut Avenue, and the status of the approved new traffic light at Connecticut Avenue and Morrison Street.

Vice Chair Levine reported that the Broad Branch Market owner/redeveloper continues to report progress on the Market and has now filed all necessary applications for building permits for the property. The developer is expected to start construction as soon as the permits are issued after the start of 2006 and still expects completion of the project within calendar year 2006.

While DDOT has responded to the Commission’s letter concerning the problem of trees located in tree boxes that have been asphalted over, no final solution has yet been found, and the Commission still believes that the asphalt will not allow water to get to the tree roots to keep them healthy. DDOT officials have reported to the Commission that they do not believe the health of the trees is in danger.

The Connecticut Avenue signage problem for parking near commercial stores on the Avenue is still ongoing; copies of the Commission’s earlier letters to DDOT on this topic will be re-sent to the appropriate DDOT officials, again requesting responsive action.

The traffic light at Connecticut and Morrison Street has been scheduled for installation by DDOT sometime within fiscal year 2006 (ending Sept. 30, 2006).

8. Commissioner Buchholz next provided a brief report on recent traffic on MILITARY ROAD following the new re-striping and three-lane configuration installed by DDOT in early December. Eastbound traffic appears to be running essentially the same as before the changes were made, though the parking lane is often being used as a second driving through lane. Westbound traffic during the AM rush hour is backing up (according to some reports, as far as 16th Street). Consistent with earlier decisions on this matter by the Commission, the Commission will allow the new traffic patterns to have some time to become accepted by drivers and pedestrians alike and will not review the matter again until after a number of additional weeks in order to give the new system an opportunity to take effect as a valid test to improve safety and driving on the Road.

9. COMMISSION BUSINESS:

a. The Minutes of the November 28, 2005 public meeting were approved by a vote of 4-0-2 (Redmond and Nolan abstaining due to absence from the meeting).
b. Upon motion and by a vote of 6-0, the following pending Commission grants were approved: to the Chevy Chase Citizens Association, $700.00 for the purchase of a watering machine for plants and trees on Connecticut Avenue; to the Lafayette Home and School Association, $1,000.00 to expand the existing schoolyard garden project; and to the Friends of Lafayette Park, $1,000.00 for obtaining additional play box sand, the planting of new trees and the refurbishing of the basketball courts.
c. The following checks were approved by a vote of 6-0: $110.70 to the Chevy Chase Bank (November Federal withholding) and $59.63 to Verizon (12/4/05 bill).
d. The Commission agreed by a vote of 6 – 0 to authorize the payment of normal expenses for the month of December 2005 for the telephone bill and for Federal and DC tax withholding costs.
e. The next scheduled meeting of the Commission has been set for January 9, 2006 and will include the following items: Election of Commission Officers for 2006; Confirmation of Commission By-Laws; October-December 2005 Quarterly Financial Report; Rock Creek Park General Management Plan.
f. The Commission briefly discussed the matter of reimbursement requirements for such expenses as Metro fares.
g. The Commission discussed its proposed meeting schedule for 2006 and agreed to hold its 2006 meetings on the following dates (all Commission meetings will be held on Mondays, from 7:30 p.m. to 9:30 p.m. at the Chevy Chase Community Center):
January 9, 23
February 13, 27
March 13, 27
April 10, 24
May 8, 22
June 12, 26
July 10, 24
September 11, 25
October 23
November 13
December 11

Please note that the Commission will meet only once each month during the months of October, November and December 2006 and will not meet during the month of August, 2006.

9. COMMISSION LETTERS TO BE SENT TO:
DC officials re: noise abatement from parties at embassy property at 3936 McKinley St.
BZA re: support for special exception application for 5603 Chevy Chase Pkwy.
BZA re: no position (and minority report) on appeal of second story garage at 5362 27th St.
DDOT re: Connecticut Avenue no-parking signs
Applicants for Grants notifying them of grant awards.

The Commission meeting of December 12, 2005 was adjourned at 9:30 PM.

The next meeting of the Commission will be held on Monday, January 9, 2006.

RESPECTFULLY SUBMITTED:

CHAIR: SECRETARY:
_________________________ __________________________
Robert Gordon Allen Beach