July 2016

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ANC 6C Minutes Wednesday, July 13, 2016, 7 pm Heritage Foundation
214 Massachusetts Avenue N.E.

The meeting was called to order at 7:02 pm.


A quorum of 5 out of 6 commissioners was present (Mr. Eckenwiler, Mr. Goodman, Mr. Miller, Mr. Price, and Ms. Wirt.

Approval of the Agenda

Ms. Wirt proposed moving the items under the Transportation/Public Space Committee to the consent agenda as recommended by the committee chair. 600 H Street N.E. was also entered on the consent agenda. The agenda was approved without objection. Motion: Mr. Eckenwiler/Mr. Goodman.


The June minutes were approved unanimously with the usual caveat that the commissioners will have one week to submit any corrections before the minutes are posted on the ANC 6C website. Motion: Ms. Wirt/Mr. Eckenwiler.

Treasurer’s Report

The June report showed an opening balance of $43,117.12. There was a bank error in entering check 1322 to Capitol Community News that the bank later corrected for $1,522.51. There was an interest payment of $0.35. There was a check # 1318 for Mr. Eckenwiler’s purchase of drinking water for his committee meeting. There were D.C. government distributions of $398.03 and $2,939.25, for a closing balance of $44,926.76. A recurring expense was submitted by Ms. Wirt for $174.00 to rent the ANC 6C post box for six months. Mr. Miller submitted an expense for travel to a community meeting for $14.30 to Uber. Mr. Miller mentioned that the Driftwood protest could be a future expense. The treasurer’s report was unanimously approved. The quarterly report, due at the end of August, was also approved without objection. Motion: Mr. Eckenwiler/ Mr. Goodman.

Commissioner Announcements

Mr. Price announced that the Maryland Avenue review is scheduled for July 20. Council Member Allen arranged for a meeting at the N.E. Library, 7:30 pm, with the appropriate agency officials present. Bjorn Jernudd’s request for traffic calming at 7th and C Streets N.E. should receive a response soon.

Mr. Goodman announced progress on construction in NoMa on approximately 2500-3000 units. He stated he will not seek reelection because he has accepted a position as chief of staff for Council Member David Grosso. He hopes to complete his term at the end of 2016. In the meantime, he is recommending and working with Heather Edelman to serve as ANC 6C06 commissioner. She is already active in ANC 6C committee work.

Mr. Eckenwiler announced planned repaving of the 400-600 blocks of F Street N.E. by July 18 and repaving of 300 to 900 blocks of E Street plus the 500 block of 5th Street by late July.

Mr. Miller stated that the design contract is in place for the collapsed alley near 7th Street N.E., and that DDOT is restoring two parking spots on the south side of 6th and H Streets N.E.

Consent Calendar

  1. Toscana Café, 601 2nd Street N.E., application for substantial change from class D to class C restaurant, to serve spirits in addition to beer and wine—This application came before ANC 6C last year and the ANC protested on the basis of disturbance to the peace, order, and quiet of the neighborhood. The applicant refused to participate in a settlement agreement with the community and did not show up for the ABRA hearing, so the application was thrown out. Now the applicant is back again and the ANC position is unchanged. The ANC opposes on the basis of disturbance to the peace, order, and quiet of the community, adverse effect on property values, and adverse effect on pedestrian and vehicular traffic.
  2. 1005 North Capitol Street N.E., application #179554—new residential construction for 124 units, 100% affordable housing, no parking, no curb cuts—support for bike racks.
  3. XO, 15 K Street N.E, application # 10252444, sidewalk café—support contingent on same hours as summer garden, no music, dogs will be allowed in sidewalk café. More light, more community activity, is an improvement on a large empty front.
  4. 600 H Street N.E., Whole Foods project -– a small change in plans to have the ceiling on the first floor slightly lower than the required 14 ft.

The commissioners voted unanimously to support items 2 through 4 and to oppose item 1. Motion: Ms. Wirt/Mr. Eckenwiler

Parks and Events Committee

Ms. Gardner and Ms. LaRocco, committee members, presented the committee report in the absence of the committee chair, Ms. Healey. The one voting item was a park at 5th and I Streets N.E. in ANC 6C05, being improved by Insight Property subject to a PUD agreement. The concern was a regarding boundary issue involving the National Park Service and a neighbor’s yard, (Insight also is making improvements including landscaping in front of Blair Shelter facing on I Street.) The commissioners voted unanimously to support a letter to the NPS asking for it to resolve the fence issue with the neighbor and make the park available as soon as possible to the public. Motion: Mr. Goodman/Mr. Miller.

Planning, Zoning, and Economic Development Committee


300 8th street N.E., HPA 16-443 – Revised application to demolish a structure and build a four- story residential building with penthouse, hearing July 28 or August 4. A number of community members testified against this project because of possible increased truck traffic in the alley near the project and resulting vibrations to nearby historical homes. Those testifying included Robert McKuen, Danica Stanciu, Peter Flyn, and Jose Cevallos. Mr. Eckenwiler recommended that vibration damage to old historic homes be the primary argument to the HPRB, and that the matter be referred to the ANC 6C Transportation and Public Space Committee for additional consideration. The commissioners voted to support the application with the caveat that the D.C. zoning officials will have more influence regarding this project and the item thus will come before the ANC again. The vote was 3:2 in support of the application. Motion: Mr. Eckenwiler/ Mr. Goodman.

301-333 N Street N.E., BZA 15-28—Revised application, consolidated PUD and PUD-related map amendment, hearing July 25. The commissioners voted unanimously to support the project with the following caveats: (1) A step down in height is preferable on 4th Street, and the green screen is an improvement over previous plans for the southwest corner of the property; (2) Increases in affordability and LEED rating are desirable; (3) The amenities package is meager


and needs to include $100,000 for an expanded Bikeshare station within 2500 feet of the project; and (4) ground floor retail spaces should be visible a minimum of 15 feet into the spaces along 50% of the street facades. The vote included designating Mr. Goodman as the representative for ANC 6C on all matters pertaining to this application. Motion: Mr. Eckenwiler/Mr. Goodman

  1. Proposed legislation: DCRA fine increase amendment, vacant property, homeowner protection from construction damage, hearing July 14. After reviewing Mr. Eckenwiler’s analysis of the consequences of the legislation, the commissioners voted unanimously to support a letter to the Council adopting the comments. It was noted that public access to the DCRA online building permit application tracker (OBPAT) has been restored. New rules were suggested to reduce incentives for owners of vacant buildings to raze them. The vote included designation of Mr. Eckenwiler to represent ANC 6C at the July 14 hearing. Motion: Mr. Eckenwiler/Mr. Goodman.
  2. 629 L Street N.E., revisiting drawings and engineer credentials—This matter was addressed by ANC 6C at its March 2016 meeting. Some conditions requested at that time have been addressed: reference to the firewall is added; letters of support from neighbors have been obtained. However, the commissioners are concerned that the engineer stamp is not one of a structural engineer, and the wall straddles the property line. The motion to send a letter stating these items was withdrawn, and no letter of support will be sent. BZA has already approved of this project and wanted ANC 6C to send a letter of support.

Alcoholic Beverage Committee

Wunder Garten—Moved from 150 M Street to 131 M Street N.E. Mr. Goodman provided an update, indicating a settlement agreement is close to completion and the establishment hopes to open in the near future. He also stated that REI will open in the area on October 21.

New Business

  1. Omnibus Amendment of 2016 governing ANCs—The commissioners voted unanimously to oppose this legislation for the reasons outlined by Mr. Eckenwiler. Motion: Mr. Eckenwiler/Ms. Wirt. [Note: Mr. Goodman recused himself from voting.]
  2. Stuart Hobson field access—Mr. Eckenwiler gave the history of the field. Once built, the community was to have access. Occasionally DCPS unlocks the gate for community access. The field is being used by Fitness Boot Camp, a for-profit Maryland entity. As early as 6:15 am a boom box can be heard from the field. The commissioners voted unanimously to send a letter to DGS, DCPS, the Chancellor, and Council Member Allen complaining about lack of community access and recommending that appropriate signage is needed. Motion: Mr. Eckenwiler/Ms. Wirt.
  3. D.C. Water problem—Pipe replacement on F Street N.E. to 8th Street has Ft. Meyer contractors posting no parking signs on both sides of the streets for two months. This seems excessive. The commissioners voted unanimously to send a letter to the general manager of D.C. WASA, Matthew Marcou, and Council Member Allen requesting that the contractor better manage the parking to make it proportional to the work being done (not taking the entire blocks for months). Motion: Mr. Eckenwiler/Mr. Price. Mr. Price mentioned that contractors are taking abusive privileges with parking for tree trimming work as well. The matter was recommended for additional action to the ANC 6C Transportation/Public Space Committee in September.
  4. FOIA request—Mr. Miller stated that DGS buildings are not in compliance with ADA requirements, and in fact 40% do not comply. He seeks more details on compliance through FOIA. The commissioners voted unanimously to support. Motion: Mr. Miller/Ms. Wirt.

The meeting adjourned at 9:01 pm.