Meeting Minutes

October 11, 2018, 7:30 pm

The meeting convened at 7:37 PM. Commissioners Bender, Ehrhardt, McHugh and Quinn were in attendance.

Announcements / Open Forum– opportunity for members of the community to raise issues of concern or importance to the 3E neighborhood 

Commissioner Bender announced that the discussion and vote on the application to build a Sunrise Assisted Living Center and new church at site of The Wisconsin Ave Baptist Churchhas been taken off tonight’s agenda. The Commission will hear the item at our next meeting on November 8.

Commissioner Bender also announced that Commissioner Hall could not attend this meeting because she is recovering from a surgical procedure.

Phil Thomas with DPR, announced that electronic signage will be added to the Friendship “Turtle” Park community center and at the Wilson Pool. The signs will announce DPR programs and upcoming events at the facilities. Mr. Thomas also announced that there will be a community clean up at Turtle Park on Sunday, October 28. Mr. Thomas can be reached at 202-262-0606 or phil.thomas@dc.govwith any additional questions or concerns. Commissioner Quinn informed Mr. Thomas that DPR staff are parking at illegal spots on park property at both Palisades and Turtle Parks.

Leigh Catherine Miles, Executive Director of Tenleytown Main Street (TMS), announced Friends of Fessenden Park is having a community clean up on October 13 at 10 am.

Jessica Wertheim, the Ward 3 Liaison to the Mayor’s Office of Community Relationsintroduced herself. She can be reached at

Presentation by 2nd District Police 

Lt. Hill from the 2ndDistrict provided an update on crime in the area. During the last 30 days there were a total of 57 crimes in PSA 202, including one assault with a deadly weapon (ADW) and three robberies. In one of the robberies, the suspects stole an iPhone and demanded the owner unlock the phone, so it could be erased and not be tracked. In another robbery, a juvenile was arrested, and that juvenile has been tied to at least three other robberies in the area. Lt. Hill stated that most crimes in the area are crimes of opportunity and there has been an increase in thefts from cars and car thefts. He reminded those in attendance not to leave valuables visible in their cars, to lock their cars and remove any spare keys and valet keys from the vehicles.

Attendees asked: if the people committing crimes are from the local area; for more information on the hit and run at the intersection of Wisconsin and Albemarle in September; if there was any traffic enforcement in the area on the day of the hit and run; and if there has been any speeding enforcement in the area recently.

Commissioners asked: if MPD requested security camera footage from WMATA and Best Buy in the course of the hit and run investigation; if someone from the traffic division and Mayor’s office could attend a future meeting; and for enforcement of no parking zones during rush hour.

Lt Hill can be contacted at alan.hill@dc.govwith any additional questions.

Presentation of grant request for support of Northwest Neighbors Village

Stephanie Chong, Executive Director of Northwest Neighbors Village (NNV) stated that her organization manages 180 volunteers who provide services to 250 seniors in the area. She presented a grant request for $1500 toward the $3000 purchase price of database and web management system to help coordinate volunteers, track requests for help from members, and manage their website. They are also seeking a $1500 grant from ANC3/4G to pay for the balance of the cost.

Attendee asked if this is a one-time or recurring fee. Commissioners asked if ANC3E residents are members of their organization and if they considered asking ANC3F for grant funds. Commissioner Quinn reminded Ms. Chong that they can’t sign a contract or spend any money until the check is written. Commissioner Bender noted that supporting aging-in-place has long been a Commission priority, and that NNV extended its service area to encompass the full ANC area at least in part in response to activities of a Commission task force. A vote on the request will be taken at the next ANC meeting.

Discussion of and possible vote on resolution regarding application for special exception for addition at 4821 43rd Street, NW

Adam Rubinson, the owner of 4821 43rdSt stated that he is hoping to build a first-floor addition with a deck above it, off of the second floor, behind his row house. There are two other row houses on his block that have almost identical additions and he has letters of support from all of the nearby neighbors. In order to build this addition, Mr. Rubinson is seeking exceptions for the minimum rear-yard setback for both the addition and the stairs coming off of the addition and to allow his addition to extend 10 feet beyond the back of his immediate neighbor’s home (he noted that their homes are staggered by four feet). They will be building the addition into the foot print of a concrete patio and Mr. Rubinson has agreed to take out a concrete walkway in front of the house and put in a permeable walkway in lieu of putting in a rain barrel. No trees will be removed in order to build the addition.

There were no questions from the attendees. Commissioners asked for clarification on the relief sought and questioned the rear yard requirement and the lot occupancy. A friendly amendment was offered to clarify an issue on the draft resolution. Commissioner Bender moved, and Commissioner Erhardt seconded a motion to approve the amended resolution supporting the special exception for the addition. The motion was approved by a vote of 4-0-0.

Discussion of and possible vote on resolution regarding PUD application for Dancing Crab / Tenley Gastropub lots

Kyrus Freeman with HK Law stated that the owners of the property would like to build a seven-story building that has 41 units, a parking lot on the second floor of the building, retail on ground level and a roof top lounge. Amenities to the community, negotiated with the ANC, will include 12.7% as inclusionary zoning (including two two-bedroom units); public space improvements including widening the sidewalk in front of the building, replacing the painted median lines at Wisconsin and 41stSt with a landscaped concrete median and adding a raised, patterned crosswalk; maintaining the south portion of Reservation 503 and installing and maintaining the north portion of Reservation 503; a donation of $35k to Friendship Place; reserving $25k for a mural to be painted on the south wall of the building; adding bike racks in front of the building; guaranteeing a full-service restaurant space on the ground floor; not allowing residents to obtain residential parking permits (RPP); and obtaining LEED gold certification. The zoning hearing is scheduled for October 29. Ashley Grzywa with Bonstra Haresign Architects showed the floor plans for the proposed building.

Attendees asked: if there were plans to underground the utilities; if a rendering of the landscaping plans for the northern portion reservation 503 was available to share; and what the current height restriction for the lots was. One attendee was not happy about the project and feared it would set a precedent for the neighborhood. He also wanted the Commission to address the hours that the roof deck lounge would be in use. Another attendee thought the project will be a great addition to the neighborhood. Ms. Miles with TMS liked the streetscape plans, hoped it would encourage more people to explore that area and for cars to slow down. She stated that she would have liked to see more outdoor seating on the sidewalk.

Commissioners: were happy to see the traffic calming measures, the site redeveloped and for the public space plan; noted that one of the lots currently has an illegal nonconforming public space encroachment and was happy to see that finally addressed; asked if it is possible to get a cycle track (protected bike lane) on a 30-foot wide street on 41stSt; stated that this project provided an impressive amenity package for a project this size; and noted that the operating hours of the restaurant and roof top lounge will be addressed with their ABRA application. Commissioner Bender noted a few edits that need to be made the Resolution and MOU.

Commissioner Bender moved, and Commissioner Quinn seconded a motion to approve the amended resolution and asked for permission to sign the amended MOU supporting the PUD and Map Amendment for the Dancing Crab and Tenley Gastropub properties. The motion was approved by a vote of 4-0-0.

Presentation by Pepco regarding DC PLUG Initiative

Laisha Dougherty with Pepco stated that The Plug Initiative seeks to underground vulnerable distribution lines to prevent major disruptions to electric service in the District after storms. The first feeder to be undergrounded is located in our area and serves AU Park and Friendship Heights. It is bounded by Western Ave, Wisconsin Ave and Butterworth Place. DDOT will be responsible for the infrastructure work and Pepco will be responsible for the electrical work. Pepco and The District are in the process of awarding the contracts. They expect this to be a one-year project that would start in December or January. An attendee stated that a few years ago DC Plug was considering putting transformers in some people’s front yards (a Commissioner noted that the ANC opposed that). Ms. Dougherty replied that they will be undergrounding all of the transformers.  Additional information can be found at http://dcpluginfo.comand questions can be sent to

Presentation by Valor Development regarding updated proposal to redevelop the Superfresh site

Will Lansing with Valor Development gave an update to their project at the old Superfresh site. Valor will be submitting an updated application to the Zoning Commission (ZC) by October 16 and scheduled to have a hearing with the ZC on January 7, 2019. Since their last appearance before the ANC, they have worked on reducing the massing of the building and have replaced the smaller building to the south by five single townhomes. They reduced the gross floor area (GFA) by 40,000 sq. ft but were able to keep the number of units and size of units by placing one of the residential floors below grade. The apartments on that floor are considered to be “cellar units” which do not count toward the GFA. Reducing the GFA addressed the concerns raised by the ZC regarding the calculation of the required IZ units. Under the current plans: the IZ will be about 10-11% of the total building, the grocery store space grew by 1600 sq. ft, the large apartment building will be three stories plus a penthouse along 48thSt., the five townhouses are each three-stories tall; and a heritage tree on the site will be preserved. Valor still has a letter of intent (LOI) with Balducci’s.

Attendees: stated that since the number of units and size of the units were unchanged, the effect that this development on the neighborhood would remain be the same; thought that Windom Park was not much of an amenity to the community; noted that all of the traffic ingress and egress is still off of the alley and the traffic flow was unchanged; thanked Valor for preserving the heritage tree; stated that the development was still too large for the community; asked if the ANC will be voting on the project again; asked if the size of the alley and number of parking spaces changed; asked what materials would be used on the outside of the building; asked for the highest point of the building from grade; stated that the building would be a monstrosity; asked if Valor would be willing to work with neighbors to negotiate a thoughtful, reasonable and equitable solution.

Commissioners: asked for clarification on the GFA calculations; asked about IZ calculations on previous version of the project; noted that the IZ in this version of the project is not much beyond what is required; asked if they were seeking any other zoning relief; were disappointed that they removed Windom Way because it broke up the massing from Windom St; thought it was an improved design; would like to see a better supermarket as a neighborhood amenity; noted that Valor has given a lot in their design but the neighbors have not compromised; noted that constituents a little further away from the project tend to like it; asked if Valor was still borrowing rights to the commercial and residential units from the Spring Valley Shopping Center; were worried about traffic and parking on Yuma St; and thought that the current site is an eyesore.

Discussion of and possible vote on grant request by Lisner-Louise-Dixon Home for support of Family Fun Day

At the last meeting, Debbie Lyle, Development Coordinator for the Lisner-Louise-Dickson-Hurt Home presented a grant request to support their annual Community Fun Fest day. The event is open to residents of the home, their families and the community. They are asking for a $1436.94 grant to help fund the art supplies for the event on October 27, 11 am – 2 pm.

Commissioner Bender moved, and Commissioner McHugh seconded a motion to support the grant. The motion was approved by a vote of 4-0-0.

Discussion of and possible vote on grant request by Tenleytown Main Street for support of WinterFest

At the last meeting Leigh Catherine Miles, Executive Director of Tenleytown Main Street (TMS) presented a grant request to support Tenleytown WinterFest, a week-long neighborhood festival that runs from November 24 through December 2. Ms. Miles asked for $1,560 to pay for promotional materials including scavenger hunt maps and posters.

Commissioner Bender moved, and Commissioner Quinn seconded a motion to support the grant. The motion was approved by a vote of 4-0-0.

ANC Business

  • Approval of September 2018 meeting minutes – Commissioner Bender moved, and Commissioner Ehrhardt seconded a motion to approve the September 2018 Meeting Minutes. The motion was approved by a vote of 4-0-0.
  • Approval of expenditures – Commissioner Quinn moved, and Commissioner Ehrhardt seconded a motion to approve payments of $381.25 to Sherry Cohen for administrative support, $34.79 to FedEx Office for copying services, $1436.94 to Lisner-Louise-Dickson-Hurt Home for their grant and $1560 to Tenleytown Main Street for their Winterfest Grant. The expenditures were approved by a vote of 4-0-0.
  • Approval of FY Q3 Treasurer’s Report – Commissioner Quinn moved, and Commissioner McHugh seconded a motion to approve the report. The motion was approved by a vote of 4-0-0.
  • Approval of FY Q4 Treasurer’s Report – Commissioner Bender moved, and Commissioner Ehrhardt seconded a motion to approve the report. The motion was approved by a vote of 4-0-0.

The meeting was adjourned by acclimation at 10:47 PM.

ANC3E Oct 11 2018 Meeting Minutes Draft

ANC3E Oct 11 2018 Meeting Minutes Final