ADVISORY NEIGHBORHOOD COMMISSION 6B REGULAR … · Alcohol Beverage Control Committee Report 6. ......

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ADVISORY NEIGHBORHOOD COMMISSION 6B

REGULAR MEETING

Hill Center at the Old Naval Hospital

921 Pennsylvania Avenue SE

7:00 PM

September 13, 2016

DRAFT AGENDA

1. Adoption of Agenda

2. Community Speakout

3. Community & Commission Announcements

4. Consent Agenda

Minutes

Regular Meeting of July 12, 2016

ABC Committee

ABRA-103824, Ziaafat Grill & Restaurant, 1102 8th

Street SE, new Class C Restaurant license

with sidewalk café endorsement

ABRA-079276, Matchbox, 517 8th Street SE, withdrawal of protest on renewal of Class C license.

ABRA-082569, Ted’s Bulletin, 505 8th Street SE, withdrawal of protest on renewal of Class C

license.

Planning & Zoning Committee

HPA #16-473, 133 Kentucky Avenue SE, 2nd story addition atop rear porch: Jennifer Fowler,

architect

HPA #16-468, 310 4th Street SE, 2-story rear addition: Jennifer Fowler, architect

DDOT Tracking #180501, 210 C Street SE (Capitol Hill Day School), changes to playground: 6B

response due September 27, 2016

DDOT Tracking #181696, 921 Pennsylvania Avenue SE, addition of memorial marker: 6B


BZA #19331, 1625 A Street SE, two story addition, Keith Moore, applicant: Hearing September 20,

2016

BZA #19341, 133 Kentucky Avenue SE, 2nd

story addition, Phil and Kjersten Drager, applicants;

Jennifer Fowler, architect: Hearing October 4, 2016

BZA #19340, 1736 Bay Street SE, two story rear addition, Robert and Julie Corn, applicants;

Jennifer Fowler, architect: Hearing October 4, 2016

ZC #08-06F, Text Amendments, Subtitle A §304 (Deviations and Modifications Permitted by Zoning

Administrator’s Ruling) & Subtitle C §301 (Minimum Land Area for PUDs)

Transportation Committee

Request DDOT to install light fixture in the alley behind 700 block of I Street SE

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4. Presentations

Marc Battle, Vice President, Pepco

DC Statehood, Gene Solon, DC Statehood Speakers Bureau

5. Alcohol Beverage Control Committee Report

6. Planning & Zoning Committee

Commander’s Run, September 17, DC National Guard: Lt Col Derek L. Demby

HPA #16-566, 420 12th Street SE (Watkins Elementary School), renovations and addition:

Department of General Services

HPA #16-630, 629 East Capitol SE, concept/alteration, new basement entrance, windows, and

roof parapets: Scott Patterson, owner/applicant

DDOT Tracking #179312, 1230 Pennsylvania Avenue SE & 1229 E Street SE, development public

space plan: John Le, SGA Companies Inc.

7. Transportation Committee

Review of DDOT Proposed Rulemaking to Revise the RPP System

8. Outreach & Constituent Services Task Force Report (July 2016) 9. Financial

Treasurer’s Report

FY 2017 Budget

10. Status Report on ANC6B’s BZA Appeal No. 19275.

11. Draft Revised Green Area Ratio Guidebook: comments due DOEE by October 10.

12. Eastern Market Community Advisory Committee Report (July 2016)

13. Hine Community Advisory Committee Report

14. Adjournment

PLEASE NOTE: At regular Commission meetings, any item may be removed from the consent agenda and placed on the regular agenda at the request of a single

Commissioner. All ABC, BZA, Zoning, and Historic Preservation cases on the consent agenda have been fully discussed at the appropriate monthly committee

meetings. Late-breaking ABC, BZA, Zoning, or Historic Preservation cases may be added to this agenda. For additional information, email [email protected], or

visit ANC 6B’s website: www.ancb6.org. Next regular meeting: Tuesday, October 11, 2016.

SUBSCRIBE TO OFFICIAL ANC 6B NOTIFICATIONS AT THE COMMISSION’S WEBSITE: www.anc6b.org

NOTE: ANC 6B’s Executive Committee will meet on Tuesday, September 27, 2016, to set the October 2016 agenda. This

meeting will be at the Hill Center, 921 Pennsylvania Avenue SE, in the Frager’s Hardware Conference Room on the 3rd

Floor

http://www.ancb6.org/

http://www.anc6b.org/

DRAFT until Approved by ANC 6B on 9/13/16

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REGULAR MEETING

Hill Center at the Old Naval Hospital

921 Pennsylvania Avenue SE

7:00 PM

July 12, 2016

7:02 - Chair Oldenburg calls meeting to order. Quorum acknowledged. Commissioners, Hagedorn,

Jayaraman, Loots, Oldenburg, Chao, Samolyk, Burger present. Round of introduction.

1. Adoption of Agenda

Oldenburg - First item on our agenda is adoption of agenda we have a few things to add and perhaps

delete. I will note that our presentation by Director Shorter will not be happening tonight. For some

reason the invitation sent out did not get to the right people in his office so he never heard about it. I

believe he will be here for our Sept 13th

meeting. Does anybody else have anything on consent or

agenda itself to change?

Jayaraman - I have a question about the agenda. There’s two ABRA case we took no action and don’t

require action on part of ANC. Would we take that off agenda or leave it as is?

Oldenburg - Does the ABC report reflect no action was necessary? In this case we can move them

Jayaraman - Beuchert and SE Market.

Samolyk - Actually Beuchert….

Jayaraman - Let’s leave it.

Oldenburg - OK


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Burger - I’d like to pull BZA of 622, 624 North Carolina off consent because there’s been a technical

change in zoning this week that impacts the case so they will explain the case. It should be quick.

Oldenburg - We will add under item 7, BZA case for 622 and 624 North Carolina Avenue into regular

agenda.

Burger - I’d like to add Capitol Hill Village grant application to ANC 6C.

Oldenburg - I’m going to create under 7, and put that letter at 7a, so right after PZ Cmte. I’d also like

to add letter of support for Eastern Market Main Street Proposal. And so I would suggest we add that

at 7a as well. And we also … commissioner Loots wellness center?

Loots - If we can add that to agenda. I’m not sure, I guess that’s a separate item.

Oldenburg - Ok, does anyone have any other case to pull? Ok alright so we have made some changes

do I have a motion to adopt amended agenda?

Jayaraman - I move we adopt the amended agenda, 2nd

Loots.

Oldenburg - All in favor? 7-0 approved.

2. Community Speakout

(received no volunteer to speak from audience)

3. Community & Commission Announcements

Samolyk - I want everybody to know next Tuesday is the Constituent and Outreach Task Force

Meeting. We will be discussing issues with parks, the plastic park at 9th

and D and Garfield Park as

well. I’m going to try to get some Zika kits. The first 10 people arriving will get zika kit. It will be

here at Hill Center, 7pm.

Oldenburg - A lot of people have been concerned about juvenile justice system here in DC and note

tomorrow at 6p, at Francis Library, Office of AG of DC is holding a seminar with a bunch of speakers

so if you are interested in that you can get that information from me or office of AG in DC. The other

announcement is on July 20th

, the DDoT is having a meeting about input on Maryland Ave

Development project. This is outside of our ANC, but I’m sure a lot of people travel that route. If you

are interested, you can look on DDoT website. And third, the Office of Zoning is holding a tech open


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house from July 11 to 27th

. Anyone can show up during business hours and people will be present to

help you learn all of zoning website and how to navigate their system to get info on zoning.

I note the addition of 8th

commissioner.

Krepp - Hi I’m Denise I represent 6b10 and apologize for being late. (7:12p)

4. Consent Agenda

Oldenburg - This is where we vote on everything on this list.

Loots - I move we adopt the consent agenda. 2nd

Hagedorn.

Oldenburg - all in favor? 8-0 approved (see consent items below). If your case was on consent agenda,

you are welcome to leave at this point.

Minutes

Regular Meeting of June 14, 2016

Planning & Zoning Committee

DDOT Tracking #179318, 1101 Pennsylvania Avenue SE (Frager’s), construction public space

plan: Kevin Keulemann, Perseus Realty

BZA #19319, Capitol Hill Squash Club, 218 D Street SE: Hearing date July 19, 2016

BZA #19310, 622-624 North Carolina Avenue SE: Kenneth Golding. Hearing date: July 19,

2016

HPA #16-434, 622-624 North Carolina Avenue SE, partial in-fill of dogleg and 3rd floor

addition: Kenneth Golding

HPA #16-515, 4 4th

Street SE, ADA ramp & addition of oriel bay on side, window

replacement: Andi Adams, architectural historian

HPA #16-521, 411 New Jersey Avenue SE (National Democratic Club), new construction:

Aimee Occhetti & Neal Hodgson (architect)

HPA #16-441, Capitol Courts (Part 1), 1230 Pennsylvania Avenue SE: Sassan Ghari,

architect/developer [Note: the 1229 E Street SE portion of this HP application will be discussed

and voted on during Item #7 below]

Transportation Committee


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Letter to DDOT Requesting Fencing to Protect the Historic VAT Portal Stones at the 2nd

Street

SE Alignment under the SE/SW Freeway at Garfield Park

5. Presentation

Christopher Shorter, Director of the Department of Public Works (invited; did not show).

Oldenburg - Let me introduce our visitor Gottlieb Simon director of DC Office of ANC. Do you have

anything to say?

Gottlieb - no I’m just listening.

6. Alcohol Beverage Control Committee

Oldenburg - We have several items here I’m going to ask Chair Jayaraman to introduce each item for

discussion. If you pull up our website and look at top of home page. You will find a meeting

materials link. There’s a pdf file that has all materials in case you want to follow.

ABRA-082569—Ted’s Bulletin, 505 8th

Street SE, Renewal of Class C Restaurant license.

new Petition date: July 25, 2016

Jayaraman - This case was not heard by the committee, however the committee did recommend to send

an email to SMD commissioner and took no position but trash management must be settled in SA

discussed Tuesday.

Loots - We have had a number of very productive discussions. As most of you know Ted’s and

Matchbox are common ownership. The two venues do have different challenges. Ted’s have a trash

compactor which they felt when installed it was going to be the be all end all solution, which did not

turn out to be the case. Last month we decided to do continuance and request ABRA extend petition

date with anticipation we would have a fully negotiated SA today. We were well on way to have the

ANC to consider. What should have been a final meeting this afternoon was postponed for a tragic

reason as one of their managers was lost in a car accident. I’ve discussed with Mr. Hermann and

counsel. In order to protect everyone’s best interest and that we have no august meeting. My

recommendation is we protest both Matchbox and Ted’s renewal. I’d much prefer to have finalized

agreement to vote up or down and this one is purely procedural. I’ve every confidence we will be able

to work through remaining issues. They have been very forthcoming in working towards a solution.

I would move that we vote tonight to protest the renewal application with expectation we will continue

good faith negotiation and hopefully September meeting will have something for commission to vote

on.

Oldenburg - We do have a petition date of the 25th

so we have to let ABRA know by 25th

of protest.

We do have this awkward thing of not having a meeting in August. I don’t know what’s going to

happen, nor the rollcall date of the continuance. Would it be in August?

Jayaraman - It would likely not be in August.


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Oldenburg - That’s the board, but not roll call hearing. Roll call hearing is staff. I’m just a little

nervous about this in timing. Agree that best to do is protest.

Loots - In a perfect world, frankly we will have something I will support as a SA by that date.

However, the ANC is not going to have the opportunity to vote on it.

Oldenburg - Exactly.

Loots - What I’m going to suggest is I’m going to take responsibility, I will if necessary attend the

protest roll call meeting. I’m going to be out of town for 6 days in early august. We can always

withdraw protest.

Oldenburg - Also in letter we can notify ABRA when you will be available. So we got a motion.

Jayaraman - I’ll 2nd

.

Loots - The motion is - A vote to protest the renewal application of Ted’s Bulletin and to inform

ABRA that our next meeting which we will consider potential SA is not until September 13th

, 2016.

Jayaraman - I will 2nd

.

Oldenburg - Anyone in audience or on panel wish to speak? (no one expressed interest)

All in favor ? 8-0 approved.

ABRA-079276—Matchbox, 517 8th

Street SE, Renewal of Class C Restaurant license. new

Petition date: July 25, 2016

Loots - I move that we vote to protest the renewal application and inform ABRA our next regularly

scheduled meeting is Sept 13th

and request that the roll call date be after then.

Oldenburg - The roll call date matters. One is set already.

Loots - So we can strike the part of roll call just inform our next meeting is Sept 13th

and we have time

issue.

Jayaraman - Just for clarification the ABC committee took no position….

Oldenburg - Right in this we actually have a SA in place. Anybody in audience wants to speak to

Matchbox case or discussion among commission? (no one expressed interest)

Jayaraman - I’ll 2nd

Commissioner Loots’ motion.

Oldenburg - So we have a motion that’s been 2nded all in favor? 8-0 approved.

ABRA-089616, Beuchert’s Saloon, 623 Pennsylvania Avenue SE, substantial change for

new sidewalk café with seating for six. Petition date: July 25, 2016


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Jayaraman - In previous settlement with Beuchert’s we had the sidewalk café and specified time and

service of alcohol in that space. It is my understanding all we need to do is take no action and ABRA

will assume we have no objection and will approve the substantial change.

Samolyk - Is anyone from Beuchert’s in audience? (no answer). I had a neighbor complaint. They

made promises to neighbor in back and there was expectation that they were committed to putting

screening on mechanicals in back and one of the neighbors is Ivan and can actually hear mechanicals

with window shut and they don’t want to protest but there was a promise made years ago and to date

that hasn’t been done.

Loots - Is that the promise in SA?

Samolyk - It is in the SA.

Oldenburg - So if it is in SA. The whole point of SA is ABRA should be able to enforce it. What do

you suggest we do?

Samolyk - I was asked to bring it up. Chander will you be in communication with the applicant?

Jayaraman - I have not but can be.

Samolyk - This is in Commissioner Hoskins’ district, can you ask them that if they don’t take steps in

3 months we will ask ABRA to enforce the settlement?

Jayaraman - I will let them know it is a binding contract and request they adhere to contract per

agreement and that would be the first step.

Oldenburg - Ok an informal discussion. No motion? Alright? Does anyone in audience wish to speak

to Beuchert’s mechanicals. Ok so I think that’s a reasonable solution to have a discussion to remind

them of commitment.

ABRA-089011, S.E. Market, 1500 Independence Avenue SE, substantial change in hours

of operation, sales and consumption. Petition date: August 8, 2016

Oldenburg - This is again a substantial change to SA.

Krepp - We had expanded the hours pursuant to SA. And I’m comfortable with expansion and I

encourage my fellow commissioners to support. They have been long time residents and good

residents.

Oldenburg – to Gottlieb Simon - I’m asking advice. Basically we’re taking no action on two items.

Should we actually vote?

Simon - You want to communicate. There’s difference with taking no position and not acting. If you

don’t act, you simply go to next item.

Oldenburg - Ok I was right we just move on. Thank you.


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Report on the Status of ANC 6B License Renewal Protests: Good Stuff, Bearnaise, and

We the Pizza; Hank’s on the Hill; and Ambar

Jayaraman - Good Stuff Eatery, Bearnaise and We the Pizza are the 3 establishments on that block of

Penn Ave. We went to roll call hearing then there was mediation. Mediation was unsuccessful. I will

state on record that mediation was not handled well. I don’t think it was fair and even on part of

mediator. So what has happened is there is going to be a protest hearing on 27th

of this month.

However, there was significant challenge to get neighbors in that area to go to that meeting due to

holiday season in city. So we requested a continuance from ABRA and notified the application. They

did not object upon hearing explanation. On top of that the owner, or lead applicant, is expecting child

shortly. We have taken that into consideration and request ABRA postpone hearing until October or

later. We have not gotten confirmation yet so we don’t know exactly when it is. But I expect

definitely by September.

Oldenburg - Hanks

Jayaraman - I can share Commissioner Hoskins did attend roll call hearing and mediation is scheduled

for the 19th

and we hope that can be successful. The key issue is abutting neighbors who have standing

on own right to protest was attempting to get them to address a drainage issue because when it rains,

water pours down into their back yard and directly impacts them.

Oldenburg- and Ambar.

Loots - I attended yesterday’s roll call. The first event is late August for mediation; I can attend. And

the hearing is scheduled for November.

Oldenburg - Ok any comments on that from commissioners and audience? (none) Ok thanks

everybody for following through on the protest.

Burger- In conversation with Cmrs. Loots and Jayaraman they described the mediation process. And

that they don’t seem to strike me as constructive. They don’t sound like mediation but advocacy on

behalf of restaurant owner. I’d like for us to come back and in future meeting have a discussion on

that. It seems like that would be a good opportunity.

Oldenburg - Once we gather how the mediation has gone and we would at least have a conversation

with ABRA and it depends on how that goes and yes we can deal with that. Thank Cmr Burger for

bringing that up.

7. Planning & Zoning Committee

Burger - Our first item has to be moved off consent. 624 North Carolina SE. In committee

originally on consent.

Ajoke Agboola representing applicant, and law firm of Griffin Murphy.

Agboola - We went to seek relief from lot occupancy requirement in addition to non conforming

structure. Exemption to expansion and one to do an addition to convert residential building. On


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Friday we received notice from Office of Planning. If you look at report from OP after letters of

support. OP is asking Zoning for emergency technical correction. It was to change the last word in

subsection 336.13 to section. What that did was we needed to seek Lot area relief because this is an

existing apartment house with 3 units. We are keeping 3 units. But the property does not have 900 sq

feet of lot area for each unit. It is short 153 sq ft. The zoning commission considered this last night

and was approved and took effect immediately and here we are. We will be submitting a document

asking for relief from lot occupancy area. But nothing else has changed. We are not asking any

changes to our plans. The only thing that was changed is regulations. As members of the commission

on zoning committee know. The property was unique and constructed before 1878, is a through lot

and has a unique shape. And the owner of the property is here, Mr. Golding. He seeks to modernize

this house. It was used by university and had awkward layout not conducive to families and those with

mobility issues. We are adding an elevator so 2 units would be accessible for those with mobility

issues. We had to add this area of relief to the application and come back to you.

Oldenburg - So you don’t need 900 sq feet per unit.

A: I believe is 2547 and we needed 2700. So we are 153 sq ft short. Our initial application mentioned

this property has had cert of occupancy since 1981 for 3 unit. It is long existing.

Oldenburg - They are correcting current zoning regulation? They were trying to make that consistent

with the next month.

A: Yes.

Burger - I want to see if there is any audience comment. We have a motion to support. I would be

voting to support. We are comfortable with everything about the case. And this changed but it is the

type of variance request we tend to approve because of existing non condition of building.

Loots - to clarify. You have not yet filed for variance?

A: No we needed zoning to take action last night and wanted to come to ANC first before adding to

application. The board has been clear in not wanting many late filings. There will be a filing so we

can put all in one. We are telling you we are asking for relief. The ANC can include it in application.

Since the self certify application we are informing of our filing for relief it is something …that the

applicant can ask for.

Loots - For our purposes any motion tonight should include statement if when you amend application,

we support it as amended.

Oldenburg- Any other discussion?

Burger- Our motion is to support relief as requested.

Krepp - It is subsequently amended, commissioner Loots is right, you have to say..

Loots - We have to add motion the fact we will continue to support if when presented with changes.

Otherwise we are voting on yesterday’s motion.


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Burger - I don’t know how to deal with friendly from committee.

Oldenburg - So we have a motion to support from Cmte and amended. Anybody in audience wish to

speak to this 900 sq feet per unit issue? (none) Any other discussion? OK we have a motion that’s

been amended.

All in favor? 8-0 approved.

DDOT Tracking #158371, 420 12th

Street SE (Watkins Elementary School, public space

plan in connection with Watkins school renovations: Department of General Services

Greg Benson w/ DGS - The public space permit, for Watkins includes new curb cuts on D Street.

Modernization of the building will include full interior and new addition of multi purpose room of

cafeteria. During construction the public space will involve occupying parking lanes directly adjacent

to Watkins. Those lanes are of limited use during school hours. So the major impact would be after

the school day.

Jayaraman - What’s the purpose?

A: New addition at corner of 12th and E that will block entrance to existing parking lot. The new curb

cut will be new entrance to parking lot.

Jayaraman - One of the big concerns, with renovation of Payne was really not so much DGS but

construction and individuals driving to work and continuing to park on streets that are not supposed to

park. Do you have a plan of where they will park?

A: Yes, MCN, construction company have many plans to shuttle labor in and our of district. That

won’t take care of everybody but hope some will take public transportation also have had conversation

with Safeway.

Krepp. - MCN is doing construction in my SMD. They made promises that their workers weren’t

going to clog streets, they made promises. I was asking two weeks ago and there were a lot of MD

workers. I went up to them and said you can’t do this. They said its ok its fine we are allowed to park

here. That’s ok we can just move our cars every two hours. And they don’t. And I resented having

my head patted “it’s ok and buzz off” and I don’t want that experience to be had by anybody else. If

you can have vigorous conversation with MCN to make sure nobody else have that experience.

Loots - That is a chronic problem with all on capitol hill. Right now at 5th

SE, construction for

dumpsters, construction workers seem to have a pass on that. They are still breaking the law. 2 hours

mean the zone not the spot. Construction should be enforceable and I mean fines to company. The

neighbors will not put up with that. Please take that back because that is an important issue to us.

A: it is an issue that is existing with every project in city so I will take that back.

Burger - It will be closed to people?

A: Yes that will almost be like ADA. It will be like a pull up lane for delivery trucks and be a loading

dock there.


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Oldenburg - Any comments from audience? (none)

Burger - I move we support the public space application for Watkins Modernization. 2nd

Samolyk.

Oldenburg - Any further discussion? Ok let’s vote we have a motion its been 2nded. All in favor? 8-0

approved.

HPA #16-450, 626 E Street SE, façade alterations to non-contributing 3-story apartment

building: Murillo/Malnati Group

Burger - We heard this case last week and took no action because of a pending meeting with

community that occurred last night.

Megan Shiley & Don Malnati - Based on reaction from last week. We went around entire block of

neighbors and got feedback from everyone who was home and have some support letters and have a lot

of discussion. Which resulted in a new design. In response to what neighbors wanted we think it fits

in a lot better with street scape. We changed material and coloration to limestone façade. We changed

windows and whole thing stand out less, sunscreen is taken out. So this is what we came up with and

it was pretty well received last night.

Loots - There was a fairly well attended last night meeting where they made presentation and samples

of finishes, described changes made. General reaction present was quite favorable. Many if not all

concerns originally voiced had been eliminated by revised plan and I did a little follow up with people

who were vocally opposed last time and they seem quite satisfied. I will say for record what was

missing last month was that advanced dialogue and input from community and now that has occurred

and I commend you from really going out and talking to people and listening too. End result is a vast

improvement. I did have one question. The center portion of new plan is stucco. Someone is

concerned about durability of faux stucco. My understanding is true stucco.

A: Yes it is true stucco and base is ground CMU so they are very durable materials.

Oldenburg - This is a major improvement. More subdued. Anybody in audience wish to speak? (none)

Loots - I believe you are now scheduled before review board on 28th

. I move we send letter without

reservation in support of proposal as amended. 2nd

Burger.

Oldenburg - All in favor? 8-0 approved.

HPA #16-518, 507 8th

Street SE, concept/visible 2-story addition on 2-story contributing

warehouse building: Michael Oxman, architect

Burger - We took no action at PZ committee last week.

Oxman - I want to thank you first of all to allow me to speak tonight. It took me 4 hours to get here. I

had to go to national airport and circle back due to traffic. When we met with Martin Smith, he

encouraged us to include a residential element, which includes upper floor. We met with the citizen’s

group and they had a couple of concerns. First was noise from mechanical unit. Visual and sound

barrier, roof of 2nd

floor. Also, the ANC and they were concerned with access to trash containers and


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they can access those buildings. And citizens were also very concerned with dumpsters in the alley.

The dumpsters are in public space so we recessed them into building so they are no longer in alley.

When we met with HP, they had comments to original design, our building set back 7 feet, and also

had a stepping effect. They recommended we flatten the façade. Which was reflected in the PZ Cmte

presentation and they also asked we move façade as back as possible. So the building itself is a

painted building, there are certain geometric, architectural elements we carry further. Existing

windows are metal and we will replace them and windows within residential units will also have same

proportion. Most concern is view of side elevation. There’s a photo taken at intersection at E street

because there’s no tree; it is most exposed. Martin smith suggested possibility of mural. The last 3-4

pages include a number of different concepts. One of the things suggested is to use architectural

imagery in front of building and putting it on side. And that is reflected in sheet A-4.1…. (Oxman

continues to give overview of handout given to commissioners).

Loots - I am the one who more often than anyone else voices concern when looking at HP, we look at

HP and not include other aspects. I do want to commend the applicant in involving the ANC however,

as well as community in process with overall concern of adaptive reuse. This building is going to be

redeveloped and the question is how. I very much appreciate openness to incorporate suggestions.

They are not part of HP but shows that this project when built will be asset to block. I’ve never

personally understood some of what HPO thinks is more or less appropriate. I can tell you this

proposal in slight variations has been wildly circulated with adjoining neighbors and they expressed

issues and have been addressed. Additional ground level retail, larger space is a potential fit for

something other than restaurant are all pluses, with micro units, and business on second level. I am

personally supportive.

Burger- I agree with Cmr Loots. I want to add that side façade, I do appreciate option number 1. It is

in keeping with the Chair’s comment of being warehouse type building. It looks good to me, but I like

that rendering. Understanding that this type of substantial addition is not something we typically

support, I am in support of this case. We are adding additional housing is important and it’s a good

location.

Jayaraman - According to your drawing I see space A 1.1 shows and as well later rendering. Two

trash dumpsters. It’s a 7 foot 10 so there would probably be 4 yard at most. In front it shows first

level is restaurant with occupancy load of 229 people and if you add that to fitness area and residential.

I’m concerned two of those is inadequate. Due to restaurants with smaller capacity that use two and is

inadequate.

Oxman - We don’t know exactly what’s going in first floor. If there’s restaurant there’s no doubt there

would be additional trash room incorporated in plan. This isn’t the end. What is required for the

building is what is supplied.

Jayaraman - If you build it, it is, isn’t it?

Oxman - No I don’t think so. We don’t want to have dumpsters on street and we have always said we

will accommodate more if required and make it part of the lease. These will be solid doors.

Jayaraman - Access is….is that coming off the ramp?


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Oxman - Yes. The alley is lower than 8th

street side. In other words tenants that are on first floor with

access to that hallway, I made it that way so it is easier than having a few steps.

Jayaraman - I would recommend finding place to keep the grease.

Oxman - That again if it were restaurant, they’d have to have that for health code. Again that’s a lease

situation we would insist on that.

Oldenburg - I would restate my position has not changed regarding this HPO case. The first addition

and third floor and 4th

floor is absolutely visible from street. I will be opposed if the motion includes

the two additional floors. Anybody else have something to say?

Loots - I move we send letter recommending approval of the plan submitted to HPRB. 2nd

Samolyk

Burger - Was going to offer comment we want to add comments to detail that explains motive of

support given substantial nature and impact on visibility. We may want to explain to HPRB.

Loots - My thought is that to extent HPRB, it isn’t within their jurisdiction but important to us, if I’m

in HPRB I am not sure if they would care about indoor trash.

Burger- I was speaking more to comments on supporting 2 story addition and façade plans as proposed

and believe project as designed brings substantial benefits. My guess is HPRB is not going to be

enthusiastic about the 4th

floor either.

Loots - I would decline a friendly. I’m not sure we can adequately identify or state in a way that would

be good. I understand what you are saying I’mn o tsure if we have consensus on this.

Oldenburg- all in favor?

Loots, Burger, Jayaraman, Krepp, Samolyk, Hagedorn in favor. Oldenburg - Oppose Chao - Abstain.

6-1-1 approved.

HPA #16-441, Capitol Courts (Part 2), 1229 E Street SE: Sassan Ghari,

architect/developer

Burger- This has two components so at last week’s meeting we dealt with them separately. The first

half is on consent. We did not put on consent but voted to support the 2nd

part of the application which

is for the shotgun house which has undergone substantial revision since last week. We had meeting

yesterday with neighbors, CHRS and Steve Calcott at HPO office which was very productive.

Sassan Ghari - We had a slit in the front. What we did was decided to, this lot is 32 ft wide, and party

wall to party wall measures 30 ft. half on shotgun house property. We decided instead of building one

bigger addition behind it…neighbors’ desire to turn street to residential and not be cut through to Penn


Page 13 of 20

Ave. Earlier design we had shotgun house by itself. Reason going through this is to tell you and you

understand….we met with neighbor sand CHRS number of times.

The design is now to have two homes. This is the original shotgun house. It is moved over a little bit.

We moved it over as it was in an awkward position with 4 ft gap which is an invitation. The second

thing is we are retaining the courtyard. This is the first house and we met extensive with next door

neighbor and gthey agreed to have 10 ft on this side. Here you see the original shape of shotgun house.

We talked to this other neighbor a lot. He has a 2nd

story deck. We ended up treating as two houses…

Oldenburg - Can we maybe show them to those in audience, can you stand to side where we all can see

it? Thank you.

Ghari - So if you go to next page, and the thing I really like about design is it fits in the scale of street.

Prior designs that didn’t get approved was that scale was too large. Now the shotgun house is no

longer sticking out. And I really like the way this works with the size of the street. You end up with 2

2000 sq ft home which is the right size for typical capitol hill. The other change we made was we

really pulled the building back. The level of the grade came up with HPO and our grade is going to be

in the backyard 2 feet below neighbors. We will build a very short retaining wall with 6 ft fence so

there’s privacy on both sides even though our yard is a little lower.

Oldenburg- It now reads as two houses rather than awkward ness of previous. Because the one on east

side is set back the original shotgun house still has that distinguished appearance. It is not obliterated

by additional.

Ghari - 3 story house made of brick and shotgun of siding. There’s a fair amount of detail we have

worked on this.

Jayaraman - Unit one is much bigger than unit two.

Ghari - It is. It is unfair but ok. I felt neighbors on either side should be happy with whatever we did.

Jayaraman - Appreciate it am very happy with what you have done.

Oldenburg - Audience comments? (none)

Burger - One comment - we did receive as this meeting was starting a letter from adjacent neighbors

summarizing they now support the project. Our motion from last week which was passed was to

support application but with series of concerns asking for rendering. A lot of it is obsolete t this point.

Also during discussions with HPO. They are taking historic structure and moving it 4 feet over. While


Page 14 of 20

I like the building there’s possibility HPRB may object to that change. Its is important we voice clear

support for all aspects including moving of the building as best possible outcome. I’m happy to work

on language.

I’d like to amend to retain support for application but without reservation and to voice in our letter to

HPRB our enthusiastic support for project including revised design and treatment of existing shotgun

house. 2nd

Loots.

Oldenburg - further discussion? OK. All in favor? 8-0 approved.

8. Transportation Committee Report

Capitol Hill Village Grant to ANC6C

Oldenburg - We added three items to the agenda at the beginning. The first one is a letter supporting

CHV Grant. They are going to be asking for from neighbor commission 6C. The letter has been

circulated this afternoon. Molly Singer is here ED of Capitol Hill Village. I’m going to make it easier

to present as motion that we support this letter. I move we support the letter. 2nd

Loots.

Burger - Question and request. Question is how much are you asking for?

Singer: 5 thousand dollars.

Burger - I certainly support this. The request is if you could, the letter we have has reference in one

paragraph that the outreach process to go into low income communities to hold meetings. The

application, the spirit of the conversation of CHV engaging with low income households. I would love

to see that called out more clearly. How some components are ….

Singer - The application I don’t think you saw it. That was a 2 page overview I haven’t send you the

application

Burger- I haven’t seen how outreach was going to work. I think the series of talks are great. OK

gladly. I can try to break it down. The application has a 1200 word limit. So may be in addendum I

will add in details.

Oldenburg - I would suggest that in addition to this letter, it’s a 5k grant you are asking for, it would be

good in letter we understand what that grant is going to be used for. It is going to be thrown into pile

of overall projects?


Page 15 of 20

Singer - its specifically for outreach and recruitment around ANC6C. Then it targets within their ANC

to identify specific housing communities and calls…our work … it still have its own boundaries. But

we are growing so quickly so we want to include NoMa, SE Waterfront and other areas and greater

capitol hill spreads. I can send information to committee.

Oldenburg - You can certainly supplement it to commissioners. We need to vote.

Samolyk - I work at Fannie Mae and last year we chose your organization. Two residents had lost

significant others and were at risk of losing home. Is this something you would consider? Do you

have any lawyers to give legal advice?

Singer - Yes, we have some legal counsel and we refer…to AARP is better suited since they focus on

this. But there are 3 legal counsel we provide. It wouldn’t be a part of this grant though.

Samolyk - That was a great concern because we were helping people but didn’t anticipate losing

homes.

Singer - We do have resources to help in that case. May not be in proposal.

Oldenburg - Anybody in audience wish to speak? (none). OK we have a motion. I would like to add to

the letter itself a sentence that we can tell 6C that we know what this will be used for so I will add that

to the text. 2nd

Samolyk. All in favor 8-0 approved.

Letter in support of Eastern Market Row Association

Oldenburg- This has come up last minute and they need to get some information to DC office in

September before we have our next meeting. I sent around a draft letter to everyone this afternoon and

that’s what is before us here. I will move we vote to support in fashion, not completely the efforts for

this. 2nd

Samolyk.

And I just want to make sure I put in here it is going to be, where the boundary will be. Is it 200 and

300 block of 7th

.

A: The boundary will be North Caroline 7th

street to Penn, Penn between 7th

and 6th

Street and also C.

Oldenburg- That is 600 block of Pennsylvania.

A: And also all the businesses inside Eastern Market as well.


Page 16 of 20

Samoyk - How will this impact Hine?

A: By time Hine is complete, all retail guys as apart of that will also be part of main street.

Introduction: Manuel Cortez and president for merchant association.

Loots - Deadline is coming up first. What is the deadline we re responding to?

A: Deadline is September 8th

. That is for next two months we will have series of meeting with

community, and business owners and want to get a feel from everyone. July 26th

7p, hill center is first

meeting. We will be listening to what the community wants to get out. Also we want to answer

questions. We will have one on one sessions and visit businesses and owners to get a good feel for all

of this. We have been working with market smith from barracks row. We are working together to

make this happen.

Krepp - When you said you envisioned vendors in Hine. What about vendors on sat and sun?

A: That’s one thing right now we need to have series of meeting because we don’t have specifics. We

want to get their input.

Krepp - You are seeking our support now but we don’t know how you are going to work with sat and

sun vendors. I’m concerned we don’t have certainty.

Oldenburg- I think there’s a lot of uncertainty so I tried to craft the letter to ensure we are not

committed as final approval from ANC. I need to know why now and what is the requirement in

application.

A: The intention is we need support from community from community. For creation for main street

designation.

Krepp - I like the idea of main street since I don’t understand and I don’t have the information. I’m

concerned about sat and sun vendors. We have people come in and we need to have more definity.

A: So next few weeks we are going to define more.

Oldenburg- I don’t understand main street in a way. I assume there’s a tax….

Loots - There’s a structure for main street and it needs to be followed.


Page 17 of 20

Audience - Martin Smith, ED Barracks Row Main Street - the Main Street designation chartered

through national main street center spin off of NTHD. Currently there are 10 in DC. Funding for one

in Eastern Market and Columbia Heights for FY 17. Program does not involve tax, fee, anything that’s

mandatory assessment. It exists through voluntary contributions, fundraisers, revenues generated.

E.g., BRMS - taste of 8th

, contribution from business owners. Main street program for EM if operates

similarly will serve as conduit to bring additional resources to EM neighborhood. Small businesses,

technical assistance, façade, etc. it won’t have a negative impact on weekend vendors. Question I

think is currently on table is how they would be represented and incorporated because they aren’t

traditional retailers. This would be the only one I know of that would have every weekend street

closure street market. Its not something I think there would be risk of negative impact on them. It’s a

question of how to incorporate.

Jayraman - The vendors would not have to pay the city of DGS or contribute or become member of

mainstreet.

Smith: There’s no requirement of contribution. They would be encouraged to participate, but no

mandatory dues assessment, fees.

Oldenburg - When Hine starts to be occupied a year from now at that point the flea market under

original plan would move off 300 block of 7th

and onto the plaza being constructed. The closed street

with be new 700 block of C. That will definitely change and that organizationally is handled by city

through DGS and by developer. The current closure of 200 block … is separate flea market.

Samolyk - I know that owners that were a little against bullfrog. Say if someone came in and want to

put something in there that everyone is against, is there covenant that gives leverage against small

retails, restrictions?

Smith: From legal standpoint no. But that is the type of thing most main streets help try to mediate.

BRMS has mediated many SAs between community members and businesses on Barracks Row.

Samolyk - So the one at EM would have its own director? Ok thanks.

Rachel Mariman (Mayor Bowser Ward 6 MOCR) - It sounds like you two have been talking a lot and

have been working closely. I’m interested in hearing what you two are envisioning on coordination

between two mainstreets. I’m not aware in any other portion of district you have two so close together.

I’m trying to figure how that would work. Is there any thought of expanding barracks row main street?


Page 18 of 20

Smith - There was extensive discussion of expansion to incorporate EM. They started years ago. We

elected not to pursue that. We see others who have expanded. One of the big challenges is the size of

boundary does not impact grant. We saw H Street struggle to support after they expanded to include

areas north. The reason why this moved so quickly is because this money was put in final budget back

in May. The RFA dropped on 8th

of this month and due back on Sept 8th

. I don’t think anyone at EM

expected this year, but it came through earlier. We would not see ourselves competing against them.

We are complimentary neighborhood.

Cortez - we had initiated conversation with Martin when this started and ensured he was ok with this.

Chao - issue - lukewarm support, understand limited funds. I know chair tried to just say it’s a good

idea but does not commit. We don’t know the details of what exactly they will do.

Loots - I would support adopting the letter and give them the “yes we think tis a good idea’ greenlight

to go to the next stage.

Oldenburg - The other concern I had was this was not on the published agenda. And no one who may

have known about this saw that it was on agenda so it needs to have a larger discussion at some point.

OK so we have a motion all in favor 8-0 approved.

Letter on Metropolitan Wellness to DoH

Loots - We received letter to solicit our input for medical marijuana dispensary in 2nd

floor of 400

block of 8th

street. It has been there for 3 years, and in fact no body knows it is there. I did take time

to go and ask and speak with adjoining business owners. I walk that way at least 4 times a day and

never aw any negative behavior or loitering. DoH asked us to specifically comment on

adverse…..within the Ward.” And finally its proximity to treatment center and halfway houses. We do

have a continuing dialogue with community connections with respect to them and I have never seen

anything to indicate links between those clientele. The letter asks us to comment. I move we send a

letter to DoH with respect to Metropolitan wellness Center very briefly and say it has no negative

impact in our neighborhood and thus we do not oppose. 2nd

Hagedorn

Oldenburg - all in favor? 8-0 approved.

9. Financial

Treasurer’s Report

FY 2016 3rd

Quarterly Report


Page 19 of 20

Oldenburg - We have to vote on this because it has to be submitted before our next meeting in Sept. it

has been circulated is there discussion?

Samolyk - I move we support the 3rd

Q report, 2nd

Loots.

Oldenburg- all in favor? 8-0 approved.

10. Status Report on ANC6B’s BZA Appeal No. 19275 (Andromeda facility)

Jayaraman - This is another case that has been continued. Reason for continuance is DCRA filed pre

hearing statement late Thursday night. There wasn’t enough time for us to be able to put together an

adequate response. What we are challenged is Cert of Occupancy issued to operate level 1 and 2

substance abuse treatment facility in C2A zone as general office space. There’s a case in 1997 BZA

ruled that such use is inconsistent with general office use in C2A zone. That’s the only

decision….Where we stand now on Sept 20th

is rescheduled. Sept 4th

is when we have to submit all

documents and witnesses we have. I’d like to put together a response to DCRA’s pre statement

hearing, clearly stating our position and would like to get assistance and support from our ANC so we

weigh in at the Executive Cmte.

Oldenburg- So we can take emergency action within EC at this time, so we would have to allow

submission of the document in time.

Krepp - And I support this. The lack of communication, stonewalling, to date is appalling and we need

to shut this down.

Jayaraman – Commissioner Loots has requested a meeting with behavioral health and we haven’t

gotten any response to date.

Oldenburg- Ok you will have documents prepared for Sept meeting, no position tonight.

Loots - Does EC need advance approval?

Oldenburg- No we don’t need resolution now.

11. Eastern Market Community Advisory Committee Report (June 2016)

Oldenburg - report is in packet submitted by Cmr Hoskins.

12. Hine Community Advisory Committee Report


Page 20 of 20

Oldenburg - Hine CAC report in packet. I would like to commend that when he found out the artwork

was vandalized that he went out with staple gun and put it back in together again.

13. Adjournment

Jayaraman - move we adjourn until next meeting on Tuesday September 13th

.

Page | 1

Alcohol Beverage Control Committee Meeting September 8, 2016, 7:00 p.m.

The Hill Center, 921 Pennsylvania Avenue, SE

REPORT Attendance: Commissioners Jayaraman (Chair) Oldenburg, Loots; Hoskins Resident Members: Iannacchione; Santra; Szafran

1. Approval of the Agenda (1 min)

Motion to Approve (Loots; RM Iannacchione 2nd)

2. New Application (10 min)

ABRA-103824, Ziaafat Grill & Restaurant d/b/a Tandoori Nights, 1102 8th Street SE, new Class C Restaurant license with sidewalk café endorsement

Applicant present. Oldenburg stated that the draft SA was consistent with neighboring establishment. Owner intends to change trade name and will apply for extended hours. May have servers but currently a buffet style. Owner is prepared to sign SA and did so at the Committee meeting. Motion: Move that ANC support new license application with a signed SA and place it on the consent agenda. (Oldenburg; Loots 2nd) Pass (6-0-1)

3. License Transfer

Joselito--Spanish Restaurant in previous SOMA location; Javier Candon: [email protected] (703) 346-8786 Has a restaurant in Arlington and ranked as one of the top 100 restaurants in the region; New restaurant in previous SOMA location would be called “Casa de Comidas.” It will have both tapas and family style; food style from southern Spain; Kitchen is very small. 6 cocktails, sherry wine, 6 beers; 6 sparking, red and white. Will have a lunch menu and considering Brunch. SONA had seating 66; applying for 60. CofO is 70. Patio has space for 24 but should be consistent with Public space permit. Hope to open in November. Will start construction next week. With respect to fired foods and meats, only one dish involves frying.

mailto:[email protected]

Page | 2

4. Old Cases

ABRA-079276—Matchbox, 517 8th Street SE, Renewal of Class C license. Withdrawal of Protest? Loots shared information about 2 major grease spills on that block. It is an environmental hazard and a practical problem when the spills occurred. Loots understands that storing grease indoors is problematic but will add language that if practicable and if renovation occurs they will agree to move grease indoors. Fred: We want indoor grease storage; we want indoor trash storage but not possible because of current space limitations. Will look into retrofit filters for odor concerns similar to those being tested at Medium Rare. Motion: Withdraw protest, conditioned upon and execution of a signed SA and place it on the consent agenda (Loots; Oldenburg 2nd). Pass: (6-0-1)

ABRA-082569—Ted’s Bulletin, 505 8th Street SE, Renewal of Class C license. Withdrawal of Protest? Very similar situation to Matchbox and the same parent company owns and operates the restaurant. The primary issue with Ted’s Bulletin is trying to address grease storage. Fred stated that there is no room to store grease indoors. The representative has stated that they would incorporate indoor grease storage in the event they undertake renovations and will also investigate replacement of the exhaust system Motion: Loots: Withdraw protest, conditioned upon and execution of a signed SA and place it on the consent agenda (Loots; Santra 2nd). Pass: (6-0-1)

ABRA-092791, District Taco, 656 Pennsylvania Avenue SE, substantial change for sidewalk café with seating for 10 with sales/service 8am to 9pm, Sunday thru Saturday: Petition date September 12, 2016

Committee decided to take no action as the existing settlement agreement already incorporated the hours of operations of the sidewalk café.

5. Update on Status of Protest Current and Upcoming Protest Hearings (10 min)

Good Stuff Eatery, We, The Pizza & Béarnaise (5 min); Hank’s Oyster Bar (5 min); Ambar AMBAR: Mediation was on 8/30 but nothing significant was accomplished. They are saying the right things. The disagreement was not over taking these steps but it was on including language in SA. Status hearing on 9/21. Cautiously optimistic that we will get something. M3—Filing a motion for consolidation to October 5. Hanks: Violating public space permit. Abutting neighbor’s protest was dismissed because flooding not connected to operations of establishment.

Settlement Agreement ANC 6B

RS Enterprises, Inc. Page 1 of 5

SETTLEMENT AGREEMENT BY AND BETWEEN


and

RS Enterprises, Inc.

d/b/a Ziaafat Grill & Restaurant

Pursuant to this Settlement Agreement, (“Agreement”), by and between RS Enterprises,

Inc. (d/b/a Ziaafat Grill & Restaurant) (“Applicant”) and Advisory Neighborhood Commission

6B (“ANC6B”), effective as of the date of its adoption by ANC6B, the parties hereto hereby

agree to be legally bound by the terms and conditions of this Agreement, superseding and

replacing all previous agreements with respect to Applicant as it relates to its application for a

Class “CR” License (ABRA-103824) (“License”), now pending before the District of Columbia

Alcoholic Beverage Regulatory Administration (“ABRA”), for conduct of business located at

1102 8th

Street, SE, Washington, DC 20003 (“Premises”).

WHEREAS Applicant has applied before ABRA to effect, and is seeking its approval of,

a new License for the Premises; and

WHEREAS Applicant and ANC6B wish to voluntarily and mutually memorialize the

terms and conditions upon which ANC6B has agreed to support the Applicant's License,

pursuant to the provisions of D.C. Code § 25-446, for the operation and maintenance of

Applicant’s business in such a manner as to further promote the security, sanitation, peace, order

and quiet of the neighborhood in a manner that ANC6B deems to be in the best interests of the

neighborhood; and

WHEREAS ANC6B hereby supports the Applicant's License upon the agreement of

Applicant to execute and abide by the terms and conditions hereof;

It is THEREFORE AGREED AND RESOLVED as follows:

1. Recitals Incorporated. The recitals set forth above are incorporated herein by reference.

2. Nature of the Business. The Applicant will manage and operate at the Premises its CR

license as a full-service restaurant (“Establishment”). The Applicant currently seeks a total

seating for up to 69 patrons, inclusive of 45 indoor seating and 24 sidewalk café seating. In no

event shall Applicant operate or seek to operate the Establishment in excess of the maximum

number of patrons that may lawfully occupy the Premises pursuant to its Certificate of

Occupancy.

3. Hours of Operation and Sales. The Applicant’s hours of operation and alcoholic

beverage sales may be changed from time to time at Applicant's discretion, or as may be

otherwise permitted by its License, but in no event shall exceed or extend beyond the following:



The Applicant’s hours of Operation shall be as follows:

Sunday through Thursday: 11:00 a.m. – 11:00 p.m.

Friday and Saturday: 11:00 a.m. – 12:00 midnight

The Applicant's sale of alcohol within and operation of the Sidewalk Cafe shall be as

follows:

Sunday through Thursday: 10:00 a.m. - 11:00 p.m.

Friday and Saturday: 10:00 a.m. – 12:00 midnight

Provided, however, (1) on days designated by the DC ABC Board as “extended Hours for

ABC Establishments” Applicant may serve alcoholic beverages for one additional hour (that is,

one hour later in the morning); (2) in the event the Council of the District of Columbia or the

ABC Board grant licensees in general extended operating hours for particular event(s), Applicant

may avail itself of such extended hours; and, (3) on January 1 of each year Applicant may serve

alcoholic beverages and provide entertainment until 4 am. These extended hours are for inside

the establishment.

4. Requirements for Operation of Sidewalk Café. The Applicant shall operate its Sidewalk

Café consistent with the terms and conditions of its Public Space Management Branch

Certification for such space, and shall cause its employees to maintain the Sidewalk Café in a

clean and orderly manner, and not to cause or permit storage of any refuse, foodstuffs, perishable

or odiferous materials in or adjacent to the Sidewalk Café. The Applicant shall cause the area

extending from the Sidewalk Cafe to the curb on the side of the Establishment to be regularly

swept and shall remove litter and debris on not less than a daily basis, weather permitting.

5. Refuse Storage and Disposal. Applicant shall establish, maintain, and use an exterior

private area behind the Premises to dispose of all recyclable trash, and non-recyclable trash

(garbage) in a minimum of 2 jumbo-size plastic trash bins for trash and 2 jumbo bins for

recycling. Applicant shall maintain the area around the exterior trash and recycling receptacles

clean and free of debris, trash, liquids, or other foreign materials. Applicant shall ensure that the

lids to any such receptacles are closed completely and secured as per their design at all times

except when they are being filled or emptied. Applicant shall ensure that all waste grease is

placed in a secure and well-maintained container inside the Premises.

Garbage shall be collected a minimum of three (3) days per week (Monday, Thursday, and

Saturday) and recycling a minimum of three days per week (or such more frequent schedules as

may be reasonably necessary to prevent the receptacles from exceeding their capacity), and

applicant shall adhere to the following conditions:

a. All garbage, recycling, and grease collections shall occur after 7:00 a.m. or before

10:00 p.m.;

b. No recyclable and non-recyclable trash shall be disposed of into the exterior trash

receptacles or placed in the trash storage area after 10 p.m. or before 7 a.m.



c. Direct access shall be provided to the sanitation, garbage and recycling companies for

purposes of removing refuse from the exterior trash storage area;

d. All receptacles used for garbage and recyclables shall be secured with lids and kept

within the designated exterior trash storage area only, unless being hauled to or from

sanitation trucks. Trash and recycling receptacles must not block the path from the

rear yard area of the abutting establishment passageway;

e. A grease storage container shall be kept in a designated area within the Premises

f. All recyclable and non-recyclable trash that prevents a trashcan lid to be closed

completely overnight shall be retained inside the Premises.

g. Any trash or recyclables generated or collected between 10:00 p.m. and 7:00 a.m.

shall be stored in a designated space within the Premises;

h. All receptacles must be maintained in good repair, safe and sanitary conditions. If any

receptacle is damaged, the Applicant will immediately order a replacement trash can

from the garbage or recycling company;

i. Garbage, recycling or grease spills shall be cleaned up as they occur;

j. Daily, prior to opening, the Applicant shall ensure that no debris was left around the

garbage and recycling receptacles or within the passageway;

k. Power wash the trash area, receptacles, and the passageway weekly or more often in

order to prevent food or grease film on the floor of the trash storage area; and,

l. Cooperate with and permit inspection of the Premises, including but not limited to the

indoor and exterior trash storage area, as may be reasonably requested by any District

of Columbia governmental entity.

6. Noise, Odor and Emission Control. To the maximum extent practicable, no loud noises,

objectionable sounds, foul odors, or other conditions shall be created or permitted by Applicant

to be publicly observable or emitted beyond the immediate proximity of the Premises. Applicant

will take all reasonable steps necessary to mitigate noise emanating from mechanical equipment

associated with the Applicant’s operations (e.g. air conditioning unit, grease fan) -- including

installing sound-mitigating insulating material around the equipment, if necessary -- to comply

with applicable DCMR provisions, prevent an increase in existing sound level from such

equipment, and minimize or abate noises objectionable to residential neighbors. This shall

include installation and maintenance of sound dampening materials on the Premises and use of

materials sufficient to eliminate noise or vibration from penetrating the abutting building arising

from ordinary and customary usage of the Premises.

7. Sanitation and Pest Control. Applicant shall maintain in force a contract for regular and

recurring application of a plan for pest control that includes baiting or similar rodent abatement

procedures for the Premises, including the exterior trash storage area. Applicant shall not store

or place any kegs, bottles, foodstuffs, palettes of materials, or other consumable goods of any

type outside the Premises, in the passageway or exterior trash storage area. Any leak or spillage

of grease shall be promptly cleaned utilizing standard industry practices such as solvents and

power washing for such uncontained grease, and any damaged or leaking containers shall be

promptly repaired or replaced.



8. Maintenance of Public Space Adjacent to Front of Premises. Applicant shall maintain

the public space adjacent to and in front of the Premises in a clean and orderly manner, and not

cause or permit storage of any refuse, foodstuffs, perishable or odiferous materials in or adjacent

to the Premises. The Applicant shall cause the area extending from the front door(s) to the curb

in front of the Establishment to be regularly swept, power-washed, and shall remove litter and

debris on not less than a daily basis, weather permitting. Applicant shall provide exterior

receptacles for extinguishing and disposing of smoking materials, and such supplemental refuse

disposal receptacles as may be reasonably required to contain and minimize public disposal of

trash and litter originating from the Premises.

9. Security Cooperation in Stemming Loitering and Illegal Drugs. Applicant shall to the

full extent permissible by law discourage loitering in the vicinity of the Premises. Applicant

agrees to monitor for and prohibit sales or use of illegal drugs within or about the Premises and

maintain contact and cooperate with MPD and other enforcement officials when known or

suspected drug activities occur.

10. Compliance with ABRA Regulations. Applicant promises that it shall abide by all

Alcoholic Beverage Regulations Administration (ABRA) regulations regarding the ownership of

the license and all other provisions applicable to liquor licenses.

11. Agreement Otherwise in Full Force and Effect. Except as otherwise explicitly provided

herein, the most recent Agreement shall remain in full force effect until the approval of this

Agreement which shall constitute the agreement between the parties. The Agreement may only

be modified by written agreement of all the parties or their successors, or otherwise in

accordance with law.



IN WITNESS WHEREOF, the parties have affixed hereunto their signatures.

Applicant:

RS Enterprises Inc. (d/b/a Ziaafat Grill & Restaurant)

ABRA-103824

1102 8th Street SE

Washington, DC 20003

Khawar Rizvi, Manager

202-531-5112 | [email protected]

Signature: _______________________________ Date: ____________

ANC:

Advisory Neighborhood Commission 6B

921 Pennsylvania Avenue, SE

Washington, DC 20003

Kirsten Oldenburg, Chairperson

Signature: _______________________________ Date: ____________


Matchbox Capitol Hill LLC Page 1 of 6

SETTLEMENT AGREEMENT BY AND BETWEEN ADVISORY NEIGHBORHOOD COMMISSION 6B

and Matchbox Capitol Hill LLC

d/b/a Matchbox

Pursuant to this Settlement Agreement, (“Agreement”), by and between Matchbox Capitol Hill LLC (d/b/a Matchbox) (“Applicant”) and Advisory Neighborhood Commission 6B (“ANC6B”) (Collectively, the “Parties”), effective as of the date of its adoption by ANC6B, the parties hereto hereby agree to be legally bound by the terms and conditions of this Settlement Agreement (SA) as it relates to conduct of business located at 519-521 8th Street, SE, Washington, DC 20003 (“Premises”).

WHEREAS, Applicant has applied before the District of Columbia Alcoholic Beverage

Regulatory Administration (“ABRA”) to effect, and is seeking its approval of renewal of its Retailers’ Class “CR” License (ABRA-079276) (“License”); and,

WHEREAS, Applicant and ANC6B are desirous of voluntarily entering into and

mutually memorialize in this SA the terms and conditions upon which ANC6B has agreed to support Applicant's License, pursuant to the provisions of D.C. Code § 25-446, for the operation and maintenance of Applicant’s business at the Premises in such a manner as to further promote the peace, order and quiet of the neighborhood as well as maintain security and sanitation of the alley immediately adjacent to the Premises; and,

WHEREAS, this Agreement is intended to replace in its entirety any and all previously-existing Settlement Agreements between the Parties, and all such previous agreements are hereby declared superseded, null and void and of no further effect.

NOW, THEREFORE, Applicant and ANC 6B agree as follows: 1. Recitals Incorporated. The recitals set forth above are incorporated herein by reference. 2. Nature of the Business. Applicant will manage and operate a full-service seated restaurant (“Establishment”) at the Premises. Applicant shall limit its total seating to no more than 215 patrons, with total occupancy load not to exceed 250. This is inclusive of seating for up to 215 patrons on the interior dining area, and no more than 20 patrons in the Sidewalk Café on the front patio area. In no event shall Applicant operate or seek to operate the Establishment in excess of the maximum number of patrons that may lawfully occupy the Premises pursuant to its Certificate of Occupancy. No outdoor seating of any nature shall be permitted on the rooftop of the Establishment. 3. Hours of Operation and Sales. Applicant’s hours of operation and alcoholic beverage sales may be changed from time to time at the discretion of Applicant, or as may be otherwise permitted by its License, but in no event shall exceed or extend beyond the following:



Inside:

Sunday to Thursday – Service 10 am to 2 am Friday and Saturday – Service 10 am to 3 am

Outside: Front Sidewalk Café

Sunday to Thursday – Service 10 am to 2 am but with no additional patron seating after midnight Friday and Saturday – Service 10 am to 3 am but with no additional patron seating after 1 am

Provided, however, that (a) on days designated by the DC ABC Board as “Extended Hours for ABC Establishments,” Applicant may serve alcoholic beverages for one additional hour solely as to inside sales and operations; (b) in the event the Council of the District of Columbia or the ABC Board grant licensees, in general, extended operating hours (such as for a Presidential Inauguration), Applicant may avail itself of such extended hours solely as to inside operations; and, (c) on January 1 of each year Applicant may operate (including sales and consumption) until 3:00 a.m. solely as to inside operation. Applicant must submit, as required by regulation, any forms or document to the authorizing agency for such extended hours. 4. Requirements for Operation of Sidewalk Café and Adjacent Public Space. Applicant shall operate its Sidewalk Café consistent with the terms and conditions of its Public Space Management Branch Certification for such space, and shall cause its employees to maintain the Sidewalk Café in a clean and orderly manner, and not to cause or permit storage of any refuse, foodstuffs, perishable or odiferous materials in or adjacent to the Sidewalk Café. Applicant shall cause the area extending from the front door(s) to the curb in front of the Premises to be regularly swept, washed, and shall remove litter and debris on not less than a daily basis, weather permitting. Applicant shall provide exterior receptacles for extinguishing and disposing of smoking materials, and such supplemental refuse disposal receptacles as may be reasonably required to contain and minimize public disposal of waste and litter originating from the Premises. 5. Refuse Storage and Disposal. Applicant shall comply with DCMR 21-704.3-704.5 by utilizing and regularly maintaining one or more food waste (garbage) grinder(s) adequate in capacity to dispose of all readily grindable food wastes produced. Applicant shall utilize and maintain rodent proof waste and trash containers (receptacles) at the rear of the Premises with sufficient capacity to store all non-grindable garbage and recyclable trash and non-recyclable waste. All grease related to the Establishment will be stored at the rear of the Premises in a closed receptacle designed to store such grease, and shall be emptied regularly by a qualified third-party vendor. Applicant agrees to use its best efforts to accommodate and utilize indoor grease storage if and when it determines to reconfigure or remodel its kitchen facilities.



Applicant agrees to adhere to the following conditions with respect to trash management, disposal, and the sanitary maintenance of trash disposal facilities and operations:.

a. Garbage shall be collected seven (7) days per week and recycling a minimum of five (5) days per week (or such more frequent schedules as may be necessary to prevent the receptacles from exceeding their capacity);

b. Applicant will ensure timely waste disposal that is not unduly disruptive to the neighbors. Garbage, recyclable, and grease collections shall not occur before 7:00 a.m. or after 9:00 p.m. No glass shall be placed in any exterior receptacle nor otherwise disposed after 10:00 p.m. or before 7:00 a.m. Any glass material needing to be recycled or otherwise disposed between 10:00 p.m. and 7:00 a.m. shall be stored inside the Applicant’s establishment until at least 7:00 a.m. the following day.

c. All receptacles used for grease, garbage, recyclable trash and waste shall be maintained in good repair and in safe and sanitary condition. Any damaged or leaking containers shall be promptly repaired or replaced, including but not limited to any bent or broken lids or means of closure. All such containers shall conform to then-existing regulations or guidelines of any District of Columbia governmental agency having the authority or jurisdiction to prescribe such regulations or guidelines.

d. Recyclable waste (glass, plastic, and metals that have been rendered free to organic materials) shall be disposed of in sealed bags that are placed in appropriate waste receptacles capable of being sealed with closing lids and otherwise designed for that purpose. All receptacles used for garbage, recyclables, and grease shall be maintained in good repair, safe and sanitary condition. Exterior receptacles for recyclable materials shall be kept closed and secured at all times except when actively used to deposit or collect recyclable materials.

e. Any receptacle for recyclables and waste will be placed such that it does not encroach on the abutting property owners. Applicant shall ensure that no recyclable or other waste is placed outside the establishment other than in a fully-closed receptacle. Applicant shall ensure that the lids on all receptacles are fully closed at all times. Applicant shall not place waste in any waste receptacle in any manner that would prevent the full closure of the receptacle.

f. All receptacles (for garbage, grease and recyclables) shall be secured with lids (as per their design), including while being hauled to and from sanitation trucks. All receptacles used for garbage, recyclables, and grease shall be maintained in good repair, safe and sanitary condition and any damaged or leaking containers shall be promptly repaired or replaced Applicant shall not place any non-grindable garbage, recyclable and non-recyclable trash in any exterior trash receptacles in any manner that would prevent the full closure of the receptacle per its design. All receptacles (for garbage trash and waste) shall be secured with lids or otherwise remain closed and secured (as per their design) except while in the actual process of being filled or emptied. All garbage and/or recyclable waste shall be placed in bags that shall be tied or otherwise sealed prior to depositing into receptacles. ;

g. Garbage, grease and/or recycling spills shall be cleaned up as soon as practicable after they occur, but in no event more than two (2) hours after such spill. Any leak or spillage



of grease shall be promptly cleaned utilizing standard industry practices such as solvents and power washing for such uncontained grease;

h. The applicant will daily inspect the alley and full area behind the Premises and pick up or hose down any debris or liquid waste left behind after garbage, grease or recycling receptacles have been emptied;

i. Applicant shall power wash all receptacles and the adjacent alleyway no less often than once every two weeks. No power-washing shall take place between the hours of 7:00 p.m. and 9:00 a.m. on weekdays or 7:00 p.m. and 12:00 noon on weekends;

j. Applicant shall cooperate and permit inspection of the Premises, as may be reasonable pursuant to ABRA regulations or as may be reasonably requested by any authorized District of Columbia governmental entity;

k. Applicant will make best efforts to coordinate with adjacent establishments to identify and contract with a commercial trash hauling company servicing the alley in an effort to reduce alley traffic;

l. Applicant agrees to cooperate with and participate in any coordinated effort with adjacent businesses to address any rodent infestation issues regardless of the source of such issues; and

m. Should Applicant, during the term of this Agreement, commence or determine to commence any renovation, reconstruction, upgrade, or remodeling of the Premises, such that the premises are expanded sufficiently to allow for an interior trash room, (i) plans and permit applications are required to be submitted to the District of Columbia government and (ii) the work involves interior Premises not currently part of the restaurant areas that materially affect or include (a) alterations to the first floor plan or layout for areas not previously used for customer seating, (b) replacement, repositioning or remodeling of kitchen and food preparation areas, and/or main or basement-level storage, office, and/or food and service preparatory areas and/or (c) alterations to the points of access or egress to the rear of the Premises affecting the means of access or egress through which refuse is disposed, then such work shall (if and when constructed) include design and construction of an interior trash storage area that shall be of sufficient design and capacity for interior storage of all grease and non-recyclable waste generated by the Establishment. This trash room will comply with DOH regulations and be exclusively utilized to store all grease, garbage and other refuse other than materials that are required by law to be separated and disposed of through recycling.

6. Noise Mitigation and Odor Control. No objectionable noises, sounds, odors, or other conditions will be created or permitted by the Applicant. Applicant will strictly comply with D.C. Official Code § 25-725 and to that end shall make architectural improvements to the property and take all necessary actions to ensure that music, noise and vibration from the Premises are not audible outside the establishment at any time. Applicant agrees to keep its doors and windows closed when music is being played at the establishment. However, it is understood by the parties that Applicant may open its window panels, and that music may be played at such times at a level not audible beyond the street curbside. If necessary, Applicant will take reasonable steps to reduce noise emanating from the Premises caused by opening of the entry or exit doors. Applicant will take all reasonable steps necessary to mitigate noise emanating from



mechanical equipment associated with the applicant’s operations (e.g., air conditioning unit, grease fan) -- including installing sound-mitigating insulating material around the equipment, if necessary -- to comply with D.C. regulations, prevent an increase in existing sound level conditions of the site, and abate noises objectionable to the residential neighbors. Periodic power cleaning of kitchen hood and exhaust systems shall be conducted in such a manner as to minimize noise in or near the alley and audible to adjacent dwellings, and Applicant shall instruct and require vendors performing this service to operate any mobile mechanical equipment (such as compressors or generators) from a location on Eighth Street SE and shall request that wherever practicable such vendors use electrical rather than petroleum powered equipment. Applicant specifically agrees that it shall adhere to and be accountable under the provisions of D.C. Code §25-725 as it pertains to residential dwellings in the contiguous physical block on which the Premises are located (except for those residential dwellings located within the CHC/C2A overlay), notwithstanding the fact that such neighboring residential units may not fall within the zoning classification otherwise entitled to enforcement of that provision under D.C. Code §25-725(b)(3). Applicant shall use its best efforts to control and mitigate any odor emanating from the Premises and/or from any exterior waste storage receptacle related to the Establishment. These efforts shall include but not be limited to, installing and maintaining high efficiency grease extracting kitchen exhaust ventilation and filtering systems for any cooking facilities within the Premises, of sufficient design and capacity as to reduce the external emission of any odors arising from food preparation or disposal at the Establishment. 7. Rat and Vermin Control. Applicant shall maintain in force a contract for regular and recurring application of a plan for pest control that includes baiting or similar rodent abatement procedures abutting the rear entrance to the Premises (including the waste storage room). Applicant shall not store or place any bottles, foodstuffs, palettes of materials, or other consumable goods of any type outside the Premises. Applicant shall provide rat and vermin control for its property. Applicant shall provide proof of its rat and vermin control contract and of regular inspection and treatment pursuant to such contract, upon request from the Board. Applicant shall maintain property and take landscaping steps, such as removing thick ground cover, trimming bushes, closing rat holes, and using pond stones where needed, to reduce habitat for rats and vermin. 8. Restrictions on Use of Points for Access/Egress. Applicant will comply with all District of Columbia laws and regulations governing the delivery of food and restaurant supplies to the Premises. Applicant will encourage all commercial third party vendors to park in designated commercial loading zones during any deliveries, to make deliveries whenever practicable through the front door of the Premises facing 8th Street SE, and not to utilize the alley behind the Premises or the 700 block of E Street SE for these purposes. In no event will Applicant encourage or permit commercial third party vendors to park a delivery truck in the public alley at the rear of the Premises, or in the 700 block of E Street SE, between the hours of 10:00 p.m. and 7:00 a.m. Applicant will notify commercial delivery vendors about the above prohibition and will not accept deliveries of food or other restaurant supplies from such vendors if, after such notice, the vendors continue to violate this provision.



9. Security Cooperation in Stemming Loitering and Illegal Drugs. Applicant shall to the full extent permissible by law discourage loitering in the vicinity of the Premises. Applicant agrees to monitor for and prohibit sales or use of illegal drugs within or about the Premises and maintain contact and cooperate with MPD and other enforcement officials when known or suspected drug activities occur. 10. Compliance with Agency Regulations. Applicant will ensure that it abides by ABRA, Department of Consumer and Regulatory Affairs (DCRA), Department of Health (DOH), Department of Public Works (DPW) and other applicable DC Agency regulations regarding (a) conduct of its business and (b) the ownership of the license and all other provisions applicable to liquor licenses. Violations of DC Agency regulations shall constitute a violation of this Agreement. 11. Notice of Alleged Violations. If and when ANC6B becomes aware of any apparent violations of this Agreement, ANC6B agrees to, whenever practicable and permitted by law or regulation and only to the extent that such alleged violation does not materially and immediately endanger the health and safety of the community, provide written notice of such alleged violation to Applicant not less than five (5) business days prior to reporting such alleged violation to ABRA. If such alleged violation is corrected within this period, then ANC6B shall not report such alleged violation to ABRA. IN WITNESS WHEREOF, the parties have affixed hereunto their signatures. Applicant: Matchbox Capitol Hill LLC ABRA - 079276 521 8th Street SE Washington, DC 20003 Fred Herrmann, Vice President 202-744-9370

Signature: _______________________________ Date: ____________ ANC:

Advisory Neighborhood Commission 6B 921 Pennsylvania Avenue, SE Washington, DC 20003 Kirsten Oldenburg, Chairperson Phone: (202) 543-3344

Signature: _______________________________ Date: ____________


Page 1 of 7

SETTLEMENT AGREEMENT BY AND BETWEEN ADVISORY NEIGHBORHOOD COMMISSION 6B

and Four Partners, LLC d/b/a Ted’s Bulletin

Pursuant to this Settlement Agreement, (“Agreement”), by and between Four Partners, LLC (d/b/a Ted’s Bulletin) (“Applicant”) and Advisory Neighborhood Commission 6B (“ANC6B”) (Collectively, the “Parties”), effective as of the date of its adoption by ANC6B, the parties hereto hereby agree to be legally bound by the terms and conditions of this Settlement Agreement (SA) as it relates to conduct of business located at 505 8th Street, SE, Washington, DC 20003 (“Premises”).

WHEREAS, Applicant has applied before the District of Columbia Alcoholic Beverage

Regulatory Administration (“ABRA”) to effect, and is seeking its approval of renewal of its Retailers’ Class “CR” License (ABRA-082569) (“License”); and,

WHEREAS, Applicant and ANC6B are desirous of voluntarily entering into and

mutually memorialize in this SA the terms and conditions upon which ANC6B has agreed to support Applicant's License, pursuant to the provisions of D.C. Code § 25-446, for the operation and maintenance of Applicant’s business at the Premises in such a manner as to further promote the peace, order and quiet of the neighborhood as well as maintain security and sanitation of the alley immediately adjacent to the Premises; and,

WHEREAS, this Agreement is intended to replace in its entirety any and all previously-existing Settlement Agreements between the Parties, and all such previous agreements are hereby declared superseded, null and void and of no further effect.

NOW, THEREFORE, Applicant and ANC 6B agree as follows: 1. Recitals Incorporated. The recitals set forth above are incorporated herein by reference. 2. Nature of the Business. Applicant will manage and operate a full-service seated restaurant (“Establishment”) at the Premises. Applicant shall limit its total seating to no more than 119 patrons, with total occupancy load not to exceed 130. This is inclusive of seating for up to 119 patrons on the interior dining area, and no more than 20 patrons in the Sidewalk Café on the front patio area. In no event shall Applicant operate or seek to operate the Establishment in excess of the maximum number of patrons that may lawfully occupy the Premises pursuant to its Certificate of Occupancy. No outdoor seating of any nature shall be permitted on the rooftop of the Establishment. 3. Hours of Operation and Sales. Applicant’s hours of operation and alcoholic beverage sales may be changed from time to time at the discretion of Applicant, or as may be otherwise permitted by its License, but in no event shall exceed or extend beyond the following:

Inside:

Sunday to Thursday – Service 7 am to 2 am Friday and Saturday – Service 7 am to 3 am


Page 2 of 7

Outside: Front Sidewalk Café

Sunday to Saturday– Service 7 am to 11 pm Provided, however, that (a) on days designated by the DC ABC Board as “Extended Hours for ABC Establishments,” Applicant may serve alcoholic beverages for one additional hour solely as to inside sales and operations; (b) in the event the Council of the District of Columbia or the ABC Board grant licensees, in general, extended operating hours (such as for a Presidential Inauguration), Applicant may avail itself of such extended hours solely as to inside operations; and, (c) on January 1 of each year Applicant may operate (including sales and consumption) until 3:00 a.m. solely as to inside operation. Applicant must submit, as required by regulation, any forms or document to the authorizing agency for such extended hours. 4. Requirements for Operation of Sidewalk Café and Adjacent Public Space. Applicant shall operate its Sidewalk Café consistent with the terms and conditions of its Public Space Management Branch Certification for such space, and shall cause its employees to maintain the Sidewalk Café in a clean and orderly manner, and not to cause or permit storage of any refuse, foodstuffs, perishable or odiferous materials in or adjacent to the Sidewalk Café. Applicant shall cause the area extending from the front door(s) to the curb in front of the Premises to be regularly swept, washed, and shall remove litter and debris on not less than a daily basis, weather permitting. Applicant shall provide exterior receptacles for extinguishing and disposing of smoking materials, and such supplemental refuse disposal receptacles as may be reasonably required to contain and minimize public disposal of waste and litter originating from the Premises. 5. Refuse Storage and Disposal. Applicant shall comply with DCMR 21-704.3-704.5 by utilizing and regularly maintaining one or more food waste (garbage) grinder(s) adequate in capacity to dispose of all readily grindable food wastes produced. For the storage of any residual or non-grindable food wastes and all grease will be stored in a receptacle on the rear outside the Premises. Applicant shall utilize and maintain rodent proof waste and trash containers (receptacles) at the rear of the Premises with sufficient capacity to store all non-grindable garbage and recyclable trash and non-recyclable waste. To the maximum extent permitted by local law and regulation, all grease related to the Establishment will be stored in a receptacle designed to store such grease, and shall be removed from the Premises only for purposes of removal and disposal through a qualified third-party vendor and even then only for so long as is reasonably required to effect such removal and disposal. . All grease related to the Establishment will be stored at the rear of the Premises in a closed receptacle designed to store such grease, and shall be emptied regularly by a qualified third-party vendor. Applicant agrees to use its best efforts to accommodate and utilize indoor grease storage if and when it determines to reconfigure or remodel its kitchen facilities. Applicant agrees to adhere to the following conditions with respect to trash management, disposal, and the sanitary maintenance of trash disposal facilities and operations:.


Page 3 of 7

a. Garbage shall be collected seven (7) days per week and recycling a minimum of five (5) days per week (or such more frequent schedules as may be necessary to prevent the receptacles from exceeding their capacity);

b. Applicant will ensure timely waste disposal that is not unduly disruptive to the neighbors. Garbage, recyclable, and grease collections shall not occur before 7:00 a.m. or after 9:00 p.m. No glass shall be placed in any exterior receptacle nor otherwise disposed after 10:00 p.m. or before 7:00 a.m. Any glass material needing to be recycled or otherwise disposed between 10:00 p.m. and 7:00 a.m. shall be stored inside the Applicant’s establishment until at least 7:00 a.m. the following day.

c. All receptacles used for grease, garbage, recyclable trash and waste shall be maintained in good repair and in safe and sanitary condition. Any damaged or leaking containers shall be promptly repaired or replaced, including but not limited to any bent or broken lids or means of closure. All such containers shall conform to then-existing regulations or guidelines of any District of Columbia governmental agency having the authority or jurisdiction to prescribe such regulations or guidelines.

d. Recyclable waste (glass, plastic, and metals that have been rendered free to organic materials) shall be disposed of in sealed bags that are placed in appropriate waste receptacles capable of being sealed with closing lids and otherwise designed for that purpose. All receptacles used for garbage, recyclables, and grease shall be maintained in good repair, safe and sanitary condition. Exterior receptacles for recyclable materials shall be kept closed and secured at all times except when actively used to deposit or collect recyclable materials.

e. Applicant shall utilize and maintain an exterior trash compacting unit with sufficient capacity to process and contain the non-recyclable waste of the Establishment between scheduled trash pickups. Applicant shall cause the doors or other means by which waste is deposited into or removed from such equipment to be kept closed and sealed against rodent penetration at all times other than when refuse is being actively deposited into or emptied from the equipment’s waste container. Applicant shall regularly maintain, inspect and clean the trash compactor so as to prevent accumulation of grease, food residue, or other contaminants, and to ensure the equipment and waste receptacles associated with the trash compactor remain free of damage, alteration, or means by which liquid or solid matter could leak or spill either during active compaction or otherwise. Applicant shall promptly clean, including removal of spillage and power washing as reasonably required, any leakage, spill, or excess refuse that accumulates outside or is discharged from the equipment or associated receptacles.

f. Any receptacle for recyclables and waste (including but not limited to those associated with the trash compactor) will be placed such that it does not encroach on the abutting property owners. Applicant shall ensure that no recyclable or other waste is placed outside the establishment other than in a fully-closed receptacle. Applicant shall ensure that the lids on all receptacles are fully closed at all times. Applicant shall not place waste in any waste receptacle in any manner that would prevent the full closure of the receptacle.

g. All receptacles (for garbage, grease and recyclables) shall be secured with lids (as per their design), including while being hauled to and from sanitation trucks. All receptacles used for garbage, recyclables, and grease shall be maintained in good repair, safe and sanitary condition and any damaged or leaking containers shall be promptly repaired or replaced Applicant shall not place any non-grindable garbage, recyclable and non-


Page 4 of 7

recyclable trash in any exterior trash receptacles in any manner that would prevent the full closure of the receptacle per its design. All receptacles (for garbage trash and waste) shall be secured with lids or otherwise remain closed and secured (as per their design) except while in the actual process of being filled or emptied. All garbage and/or recyclable waste shall be placed in bags that shall be tied or otherwise sealed prior to depositing into receptacles. ;

h. Garbage, grease and/or recycling spills shall be cleaned up as soon as practicable after they occur, but in no event more than two (2) hours after such spill. Any leak or spillage of grease shall be promptly cleaned utilizing standard industry practices such as solvents and power washing for such uncontained grease;

i. The applicant will daily inspect the alley and full area behind the Premises and pick up or hose down any debris or liquid waste left behind after garbage, grease or recycling receptacles have been emptied;

j. Applicant shall power wash all receptacles and the adjacent alleyway no less often than once every two weeks. No power-washing shall take place between the hours of 7:00 p.m. and 9:00 a.m. on weekdays or 7:00 p.m. and 12:00 noon on weekends;

k. Applicant shall cooperate and permit inspection of the Premises, as may be reasonable pursuant to ABRA regulations or as may be reasonably requested by any authorized District of Columbia governmental entity;

l. Applicant will make best efforts to coordinate with adjacent establishments to identify and contract with a commercial trash hauling company servicing the alley in an effort to reduce alley traffic;

m. Applicant agrees to cooperate with and participate in any coordinated effort with adjacent businesses to address any rodent infestation issues regardless of the source of such issues; and

n. Should Applicant, during the term of this Agreement, commence or determine to commence any renovation, reconstruction, upgrade, or remodeling of the Premises, such that the premises are expanded sufficiently to allow for an interior trash room, (i) plans and permit applications are required to be submitted to the District of Columbia government and (ii) the work involves interior Premises not currently a part of the restaurant areas that materially affect or include (a) alterations to the first floor plan or layout for areas not previously used for customer seating, (b) replacement, repositioning or remodeling of kitchen and food preparation areas, and/or main or basement-level storage, office, and/or food and service preparatory areas and/or (c) alterations to the points of access or egress to the rear of the Premises affecting the means of access or egress through which refuse is disposed, then such work shall (if and when constructed) include design and construction of an interior trash storage area that shall be of sufficient design and capacity for interior storage of all grease and non-recyclable waste generated by the Establishment. This trash room will comply with DOH regulations and be exclusively utilized to store all grease, garbage and other refuse other than materials that are required by law to be separated and disposed of through recycling.

6. Noise Mitigation and Odor Control. No objectionable noises, sounds, odors, or other conditions will be created or permitted by the Applicant. Applicant will strictly comply with


Page 5 of 7

D.C. Official Code § 25-725 and to that end shall make architectural improvements to the property and take all necessary actions to ensure that music, noise and vibration from the Premises are not audible outside the establishment at any time. Applicant agrees to keep its doors and windows closed when music is being played at the establishment. However, it is understood by the parties that Applicant may open its window panels, and that music may be played at such times at a level not audible beyond the street curbside. If necessary, Applicant will take reasonable steps to reduce noise emanating from the Premises caused by opening of the entry or exit doors. Applicant will take all reasonable steps necessary to mitigate noise emanating from mechanical equipment associated with the applicant’s operations (e.g., air conditioning unit, grease fan) -- including installing sound-mitigating insulating material around the equipment, if necessary -- to comply with D.C. regulations, prevent an increase in existing sound level conditions of the site, and abate noises objectionable to the residential neighbors. Periodic power cleaning of kitchen hood and exhaust systems shall be conducted in such a manner as to minimize noise in or near the alley and audible to adjacent dwellings, and Applicant shall instruct and require vendors performing this service to operate any mobile mechanical equipment (such as compressors or generators) from a location on Eighth Street SE and shall request that wherever practicable such vendors use electrical rather than petroleum powered equipment. Applicant specifically agrees that it shall adhere to and be accountable under the provisions of D.C. Code §25-725 as it pertains to residential dwellings in the contiguous physical block on which the Premises are located (except for those residential dwellings located within the CHC/C2A overlay), notwithstanding the fact that such neighboring residential units may not fall within the zoning classification otherwise entitled to enforcement of that provision under D.C. Code §25-725(b)(3). Applicant shall use its best efforts to control and mitigate any odor emanating from the Premises and/or from any exterior waste storage receptacle related to the Establishment. These efforts shall include but not be limited to, installing and maintaining high efficiency grease extracting kitchen exhaust ventilation and filtering systems for any cooking facilities within the Premises, of sufficient design and capacity as to reduce the external emission of any odors arising from food preparation or disposal at the Establishment. . 7. Rat and Vermin Control. Applicant shall maintain in force a contract for regular and recurring application of a plan for pest control that includes baiting or similar rodent abatement procedures abutting the rear entrance to the Premises (including the waste storage room). Applicant shall not store or place any bottles, foodstuffs, palettes of materials, or other consumable goods of any type outside the Premises. Applicant shall provide rat and vermin control for its property. Applicant shall provide proof of its rat and vermin control contract and of regular inspection and treatment pursuant to such contract, upon request from the Board. Applicant shall maintain property and take landscaping steps, such as removing thick ground cover, trimming bushes, closing rat holes, and using pond stones where needed, to reduce habitat for rats and vermin. 8. Restrictions on Use of Points for Access/Egress. Applicant will comply with all District of Columbia laws and regulations governing the delivery of food and restaurant supplies to the Premises. Applicant will encourage all commercial third party vendors to park in designated commercial loading zones during any deliveries, to make deliveries whenever practicable through the front door of the Premises facing 8th Street SE, and not to utilize the alley behind the Premises or the 700 block of E Street SE for these purposes. In no event will Applicant


Page 6 of 7

encourage or permit commercial third party vendors to park a delivery truck in the public alley at the rear of the Premises, or in the 700 block of E Street SE, between the hours of 10:00 p.m. and 7:00 a.m. Applicant will notify commercial delivery vendors about the above prohibition and will not accept deliveries of food or other restaurant supplies from such vendors if, after such notice, the vendors continue to violate this provision. 9. Security Cooperation in Stemming Loitering and Illegal Drugs. Applicant shall to the full extent permissible by law discourage loitering in the vicinity of the Premises. Applicant agrees to monitor for and prohibit sales or use of illegal drugs within or about the Premises and maintain contact and cooperate with MPD and other enforcement officials when known or suspected drug activities occur. 10. Compliance with Agency Regulations. Applicant will ensure that it abides by ABRA, Department of Consumer and Regulatory Affairs (DCRA), Department of Health (DOH), Department of Public Works (DPW) and other applicable DC Agency regulations regarding (a) conduct of its business and (b) the ownership of the license and all other provisions applicable to liquor licenses. Violations of DC Agency regulations shall constitute a violation of this Agreement. 11. Notice of Alleged Violations. If and when ANC6B becomes aware of any apparent violations of this Agreement, ANC6B agrees to, whenever practicable and permitted by law or regulation and only to the extent that such alleged violation does not materially and immediately endanger the health and safety of the community, provide written notice of such alleged violation to Applicant not less than five (5) business days prior to reporting such alleged violation to ABRA. If such alleged violation is corrected within this period, then ANC6B shall not report such alleged violation to ABRA.


Page 7 of 7

IN WITNESS WHEREOF, the parties have affixed hereunto their signatures. Applicant: Four Partners LLC ABRA - 082569 505 8th Street SE Washington, DC 20003 Fred Herrmann, Vice President 202-744-9370

Signature: _______________________________ Date: ____________ ANC:

Advisory Neighborhood Commission 6B 921 Pennsylvania Avenue, SE Washington, DC 20003 Kirsten Oldenburg, Chairperson Phone: (202) 543-3344

Signature: _______________________________ Date: ____________

of 4


PLANNING AND ZONING COMMITTEE MEETING

Committee Report

September 6, 2016

Commissioners present: Burger (chairing), Hagedorn, Hoskins, Krepp, Oldenburg, Ridge,

Samolyk

Resident members (RM) present: Danks, Foster, Jarboe, Jeffords, Johnson, Ryan

1. Commander’s Run, September 17, DC National Guard: Lt Col Derek L. Demby The committee took no action, as the applicant did not attend the meeting.

2. HPA #16-473, 133 Kentucky Avenue SE, 2nd story addition atop rear porch: Jennifer

Fowler, architect

Presenter: Jennifer Fowler, architect

Comments: Second story addition over a rear porch.

Commissioner Burger moved (seconded by Commissioner Hoskins) that the committee recommend

the ANC support the application and place the item on the consent agenda.

The motion passed 11to 0 (1 abstaining).

2a. BZA #19341, 133 Kentucky Avenue SE, 2nd story addition, Phil and Kjersten Drager,

applicants; Jennifer Fowler, architect: Hearing October 4, 2016

pursuant to 11 DCMR Subtitle X, Chapter 9, for a special exception under the lot

occupancy requirements of Subtitle E § 304.1, to construct a second-story addition to the

rear of an existing one-family dwelling in the RF-1 Zone at premises 133 Kentucky

Avenue S.E. (Square 1014, Lot 25)


Comments: Dog leg no longer counts toward lot coverage. Applicant is asking for 67.7% lot

coverage. Already non-conforming (64.5%).

Commissioner Burger moved (seconded by RM Jarboe) that the committee recommend the ANC

support the application and place the item on the consent agenda.

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The motion passed 12 to 0.

3. HPA #16-468, 310 4th Street SE, 2-story rear addition: Jennifer Fowler, architect


Comments: Two-story rear addition, filling in a court. Mostly glass rear façade. The committee had

questions about visibility from the rear from the north/south streets.

Commissioner Hoskins moved (seconded by Commissioner Ridge) that the committee recommend

the ANC to support the application and place the item on the consent agenda, contingent on

additional information about the sightlines through the alley.


4. HPA #16-566, 420 12th Street SE (Watkins Elementary School), renovations and addition:

Department of General Services

Presenter: Greg Benson, DGS

Comments: The committee had multiple questions about the HPRB and permit application process,

including: Why are we only hearing of this case now? What’s the process? Committee members

expressed concern that DGS/DCPS did not handle the application process correctly.

Commissioner Burger moved (seconded by RM Danks) that the committee recommend the ANC

support the application with the expectation that DGS will provide additional information on the HP

review process for this case and for DGS/school buildings in general.

The motion passed 10 to 0 (2 abstaining).

5. HPA #16-630, 629 East Capitol SE, concept/alteration, new basement entrance, windows,

and roof parapets: Scott Patterson, owner/applicant

Presenter: Scott Patterson, owner

Comments: Existing 6-unit apartment building; proposing to convert to 4-unit (owner will occupy

one unit). Will be adding door access to units off the public alley. Adding and removing windows on

the east façade. Adding outdoor patio space on the roof of two sections of the building. Front porch

changes are in public space. Neighbor (627 East Capitol): Concerns about the roof terraces (okay

with the north terrace, not supportive of the south terrace).

Commissioner Hoskins moved (seconded by RM Jarboe) that the committee take no position and

request additional information from the application about the discussion with the neighbors about

design elements (including letters from neighbors).

The motion passed 13to 0.

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6. DDOT Tracking #179312, 1230 Pennsylvania Avenue SE & 1229 E Street SE, development

public space plan: John Le, SGA Companies Inc.

Presenter: Sassan Gharai, owner; John Le, architect

Comments: Main issue for DDOT for 1230 Penn is the garage door. New regs require a 20’ wide

garage door, but they are looking at an option to get an exception for a 14’ door. DDOT prefers a 14’

wide curb cut, but the applicant would like a 20’ curb cut to address traffic issues. The committee

asked for additional information from the applicant on their traffic study.

Commissioner Burger moved (seconded by Commissioner Oldenburg) that the committee

recommend the ANC support the application but not support the 20 foot curb cut.

Resident member Jarboe moved (seconded by Commissioner Samolyk) to amend the motion to

support the 20’ curb cut. The amendment passed 8 to 3 (1 abstaining).

The amended motion—including support for the 20’ curb cut—passed 7 to 1 (3 abstaining).

7. DDOT Tracking #181696, 921 Pennsylvania Avenue SE, addition of memorial marker: 6B


Commissioner Oldenburg explained that this case was first raised 6-8 months ago, but only recently

applied for their public space permit. DDOT has approved the permit, without input from ANC 6B.

Commissioner Oldenburg moved (seconded by Commissioner Krepp) that the committee

recommend the ANC send a letter to DDOT expressing disapproval for its decision making process

for this case and place the item on the consent agenda.


8. DDOT Tracking #180501, 210 C Street SE (Capitol Hill Day School), changes to

playground: 6B response due September 27, 2016

Presenter: Jason Gray, head of CHDS; Danielle Bowen, CFO

Comments: Replacement of existing playground area in kind. Playground will remain open for

public use.

Commissioner Samolyk moved (seconded by Commissioner Burger) that the committee recommend



9. BZA #19331, 1625 A Street SE, two story addition, Keith Moore, applicant: Hearing

September 20, 2016 pursuant to 11 DCMR Subtitle X, Chapter 9, for a special exception under Subtitle E §

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5201, from the lot occupancy requirements of Subtitle E § 304.1, to add a two-story rear

addition to an existing one-family dwelling in the RF-1 Zone at premises 1625 A Street

S.E. (Square 1086, Lot 60)

Presenter: Kim Jones, architect; Keith Moore, owner

Comments: Replace an existing rear addition. Lot coverage goes from 65% to 70%, primarily due to

unusual lot shape.

Commissioner Krepp moved (seconded by Commissioner Burger) that the committee recommend the

ANC support the application and place the item on the consent agenda.

The motion passed 11to 0.

10. BZA #19340, 1736 Bay Street SE, two story rear addition, Robert and Julie Corn,

applicants; Jennifer Fowler, architect: Hearing October 4, 2016

pursuant to 11 DCMR Subtitle X, Chapter 9, for a special exception under the lot

occupancy requirements of Subtitle E § 304.1, to construct a two-story addition to the

rear of an existing one-family dwelling in the RF-1 Zone at premises 1736 Bay Street S.E.

(Square 1098, Lot 141)


Comments: Rear addition that will take lot coverage from 54.2% to 69.3%.

Commissioner Krepp moved (seconded by Commissioner Hagedorn) that the committee recommend



11. ZC #08-06F, Text Amendments, Subtitle A §304 (Deviations and Modifications Permitted

by Zoning Administrator’s Ruling) & Subtitle C §301 (Minimum Land Area for PUDs)

Comments: These amendments could affect ANC6B if future, small PUDs were proposed. These

modifications would support additional PUD projects, rather than map amendments (and alternative

for an applicant who cannot apply for a PUD).

Commissioner Burger moved (seconded by RM Danks) that the committee recommend the ANC

write a letter to the Zoning Commission supporting the PUD minimum land area changes, authorize

the chair to designate someone to design, and place the item on the consent agenda.


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Report of the ANC6B Transportation Committee Meeting

September 7, 2016

Commissioners present: Daniel Chao; Nick Burger; Diane Hoskins; Kirsten Oldenburg, chairing;

and Daniel Ridge

Resident Members present: Neil King (6B05), Corey Holman (6B06), and Kelly Waud (6B07)

Updates

Status of 17th Street project: According to DDOT, a contractor has been chosen and negotiations

are underway on the contract.

Eastern Market Parking Project: This DDOT pilot project has been ongoing for many months

with a small group of community stakeholders meeting with DDOT to review and discuss data

being collected and possible solutions to parking spillover into residential blocks on weekends.

DDOT has drafted a Toolkit of solutions and has asked that it be circulated for review. A

community meeting to discuss the Toolkit is planned for, perhaps, October. Commissioner

Oldenburg agreed to send out the draft to Committee members.

Sidewalk Repair Priorities: Commissioner Burger noted that DDOT is planning to re-brick a

block within his SMD that seems relatively OK while others in obvious need of repair are not

apparently scheduled. Commissioner Oldenburg suggested that how DDOT sets priorities for

both sidewalk and alley repairs should be a subject of a future meeting.

Hine Project Worker Curbside Parking: Commissioner Hoskins advised about her efforts to work

with DPW to solve the problems of Hine project worker parking in nearby residential blocks.

DPW has promised enhanced enforcement for several weeks after which an evaluation will be

made. She also provided some insights into DPW enforcement gaps.

Request DDOT to install light fixture in the alley behind 700 block of I Street SE

Commissioner James Loots (6B03) provided the Committee with a draft letter to DDOT requesting a new

light fixture. The committee reviewed the letter. Commissioner Oldenburg moved with a second by

Commissioner Burger that the Committee recommend the ANC send the letter to DDOT. The Committee

voted 7-0 in favor of the motion. The letter is attached below.

Review of DDOT Proposed Rulemaking to Revise the Residential Permit Parking Program1

On August 12, 2016, DDOT published the above Notice of proposed rulemaking in the DC Register.

Subsequently, DDOT extended the due date for comments to October 10, 2016.

The Committee reviewed DDOT’s proposed changes to the RPP program, especially those relating to

process changes for block requests to change hour/days on existing RPP signage and for requests to

convert to Resident Only signage. ANC’s have been included in these decision processes. Previously,

DDOT offered Resident Only signage block by block via a petition process but the petition was removed

1 Links to 3 documents pertaining to the rulemaking are posted on the 6B website at

http://www.anc6b.org/?page_id=235

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from its website a year or so ago while the agency developed a policy on this type of curbside parking

restriction. 6B does have a number of blocks with Resident Only restrictions (on one side of a block)

because of the Ballpark Performance Parking Zone that exists below Pennsylvania Avenue SE and east to

11th Street SE.

Now, DDOT has proposed that Resident Only restrictions be applied ANC-wide on all RPP blocks, with

50 percent of each block remaining standard RPP. DDOT states that adding Resident Only block-by-

block causes spill over parking on adjacent blocks. To initiate the proposed all-ANC process, the ANC

would have to pass a resolution as specified in the rulemaking. In response DDOT would study the need

for request and return to the community with its decision.

During its discussions on this proposal, the Committee identified several issues:

Installing Resident Only throughout the ANC does not solve a major problem with the current

RPP program: intra-Zone commuters. ANC6B boundaries include 3 Metro stations. Ward 6

commuters regularly drive to residential areas near these stations where they can park all day

while they use the Metro to complete their commute trips.

ANC 6B is a large ANC with 10 SMDs. The ANC-wide approach is too broad for such a diverse

community with a mix of residential and commercial areas.

Compliance with Resident Only signage depends on consistent DPW enforcement and suggests a

need for increased enforcement resources

The process to obtain Resident Only signage per ANC suggests a need for increased DDOT

resources to both review requests and then produce and replace all the signs.

An all ANC Resident Only program was established in Ward 1 in 2010. Has DDOT conducted a

study to determine if Resident Only there solved existing residential parking problems?

While we are mindful of the spillover effect, ANC 6B is not convinced that this ANC-wide proposal in

Section 2437 would be workable in 6B. However, the ANC does not take issue with Section 2436 that

modifies the process for changing the hours/days on existing RPP blocks. In addition, among the DDOT

proposal are several small tweaks to the RPP program that seem beneficial whether or not a process for

ANC-wide Resident Only is adopted. They include new Sections 2433.2, 2440, and 2441.9. Finally,

ANC 6B is appreciative of the inclusion in Section 2436 and 2437 of data-based criteria for evaluation of

requests.

The Committee voted unanimously on a motion by Commissioner Oldenburg, seconded by

Commissioner Burger, to recommend the ANC send these comments to DDOT.

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Attachment A: Letter to DDOT requesting alley light fixture

Leif Dormsjo, Director

DC Department of Transportation

55 M Street SE

Washington DC 20003

RE:

Dear Director Dormsjo;

At a duly noticed meeting of Advisory Neighborhood Commission 6B on September 13, 2016

with a quorum present, the ANC voted x-x-x to formally request that the District of Columbia

procure and install a new alley light to be located in the alley to the rear of the 700 Block of Eye

Street SE, located so as to specifically ensure that adequate lighting is provided in the alley to the

rear of 704-708 Eye Street SE.

There is currently no public light in this alley, and the lack of illumination has created an

opportunity for multiple crimes that have been committed and a serious ongoing threat to public

safety. We would respectfully request that installation of a new alley light at this location be

made a priority on the basis of this very real and immediate public safety concern.

Thank you for your time and attentions to this important community issue. If you have any

questions or require further information, please feel free to contact Single Member District ANC

Commissioner James Loots, [email protected].

Sincerely,

Kirsten Oldenburg, Chair

cc: Councilmember Charles Allen


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Treasurers Report 9/13/16

*National Capital Bank Balance (9/11/16) $ 35,921.49

*Total Expenditures FY16 to date $ (3,057.23)

*Total Income FY16 to date $ 22,779.44

FY 2016 Transactions

09/01/2016

INTEREST PAID

$1.37 $35,921.49

08/22/2016

DC-D.C. GOVERNME

SOARACH TRACE#-091000011080727 ST*820* 0001/BPR*C*5692.01*C* ACH*CTX***** 3536001131**01*054000056*DA* 10 032999* 20160819/ENT*1/RMR*IV*001196106 DEANC6B4 DX0 DEANC 6B4**5692.01/SE*5* 0001/GE*1*1/IEA*1* 000000001/

$5,692.01 $35,920.12

08/01/2016 INTEREST PAID

$1.16 $30,228.11


$1.36 $30,226.95


$1.09 $30,225.59

05/31/2016 Quarterly Allotment

$5,692.01 $30,224.50


$0.91 $25,532.49

04/25/2016 4773 CHECK # 4773 - DC Access, annual hosting fee

-$162.00 $24,531.58

04/05/2016 4771 CHECK # 4771 – payment to -$310.50 $24,693.58

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Capital Community News for annual 6B meeting notices


$1.17 $25,004.08

03/31/2016 4770 CHECK # 4770 – reimbursement for postage

-$12.31 $25,002.91

03/30/2016 4772 CHECK # 4772 – 2016 Rental Charged for Hill Center Meeting Space & A/V

-$1,818.33 $25,015.22

03/16/2016 4769 CHECK # 4769 – FY16 Security Fund Payment

-$25.00 $26,833.55


$5,692.01 $26,858.55


$0.84 $21,166.54


$0.93 $21,165.70


$0.72 $21,164.77


$5,692.01 $21,164.05

12/03/2015 4768 CHECK # 4768 – Reimbursement for Printing

-$54.73 $15,472.04


$0.66 $15,526.77

11/19/2015 4767 CHECK # 4767 – Reimbursement for Printing

-$7.11 $15,526.11

11/13/2015 4766 CHECK #

4766 – Final Payment for 2015 Meeting Space, Hill Center

-$180.00

(note:considered FY15 expense

because check dated 9/8/15)

$15,533.22


$0.64 $15,713.22

Actual Proposed

FY16 FY17 Dif

Balance Forward $15,713 $35,435 $19,722

Receipts

District Allotment $22,768.04 $22,768.04 $0

Interest $11 $0 -$11

Other $0 $0 $0

Transfer From Savings $0 $0 $0

Total Receipts $22,779 $22,768 -$11

Total Funds Available (Balance Forward + Total Receipts) $38,492 $58,203 $19,711

Disbursements

1 Personnel $0 $0 $0

2. Direct Office Cost $2,486 $3,000 $514

3. Communication $162 $500 $338

4. Office Supplies, Equipment Printing $74 $500 $426

5. Grants $0 $0 $0

6. Local Transportation $0 $100 $100

7. Purchase of Service $311 $15,000 $14,690

8. Bank Charges, Transfers and Petty Cash $0 $0 $0

9. Other $25 $500 $475

Total Disbursements $3,057 $19,600 $16,543

Ending Balance (Total Funds Available - Total Disbursements) $35,435 $38,603 $3,168

Notes:

ANC _6B_ FY17 Budget Worksheet

P a g e | 1

DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT

441 4th Street, N.W.

Washington, D.C. 20001

Advisory Neighborhood Commission 6B BZA Case # 19275

Appeal of Issuance of Certificate of Occupancy re: 201 15th Street, SE

ANC 6B’s Response to DCRA'S Pre-hearing Statement

The Zoning Administrator (the "ZA") erred in approving and issuing, on February 5,

2016, a Certificate of Occupancy C01601252 (the "CofO") for 201 15th Street SE

Washington, DC 20003 (“Property”). The ZA failed to adhere to 11-B DCMR 201: “Rules

for Determining Use Categories” and specifically § 2-201.5 in determining the appropriate

zoning use category and erroneously granted a CofO under the use category “Office.” ANC

6B (“Appellant”) steadfastly maintains, as it has from the projects inception, that an

outpatient treatment facility for the treatment of Substance Use Disorder (SUD) should be

categorized under the “Medical Care” use category. Under the DC Code, the use categories

specified under the zoning regulations in effect at the time of the issuance of the CofO, and

the rules for determining use categories, do not allow for the current use of the facility to

operate under the “Office” category.

Further, the building use code does not currently permit an outpatient treatment facility

in a building approved for Office use but may be allowed in a C-2-A zone through a

variance/special exception. The ZA should establish an occupancy load for each floor of the

building that is expected to be used for group sessions and enforce any requisite parking

requirements associated with the use category.

Appellant respectfully requests that the BZA:

1. Reverse the decision of the ZA and void the CofO for 201 15th Street, SE issued to

Andromeda;

2. Verify that the activities at an outpatient treatment facility for SUD are more closely

associated with and should be categorized under the zoning use category of “Medical

Care” [Subcategory: outpatient treatment facility]; and,

3. Determine that a facility under the use category of “Medical Care” is NOT a matter of

right use in a C-2-A zone; thus, requiring a use variance;

P a g e | 2

4. Clarify that an outpatient treatment facility best fits under the Institutional Group I-4 of

the Building Use and Occupancy Classification codes which are subject to a size

limitation of no more than 25 individuals; and,

5. Reinstate the parking requirements for the use of the building for Medical Care purposes.

A lack of clear distinctions between the various sub-categories under a particular use

category has created confusion and ambiguity with respect to the application of the zoning code.

The terms “substance abuse,” “health care facility,” “outpatient treatment facility,” and “adult

day treatment facility” appear in various sections of the DC Code and municipal regulations but

much ambiguity exists in the logical categorization of outpatient treatment facilities for SUD

within the construct of the applicable laws and zoning regulations. The distinctions between

these facilities and the appropriate zoning of such uses are misinterpreted due to the use of

synonymous terminology across sections of the DC Code and city regulation. This case provides

the BZA an opportunity to set the record straight and clearly and unequivocally differentiate

between the two categories of assignment.

Under the DC Code and the District of Columbia Municipal Regulations (DCMR), the ZA

clearly erred in determining that the activities at the Property were more closely related to an

“Office” rather than a “Medical Care” use category for zoning purposes. Under the defined

terms “substance abuse,” “Substance Use Disorder,” and “outpatient treatment facility” coupled

with the rules for determining use categories, the ZA should have concluded that the proposed

use was NOT consistent with activities that are generally associated with the “Office” use

category but rather “Medical Care.”

Additionally, with the upcoming implementation and application of the new zoning

regulations (ZR16), the Board of Zoning Adjustment (the “BZA”) has an ideal opportunity to

provide clarity, through this appeal, to the DC Department of Consumer and Regulatory Affairs

(DCRA), the ZA, and the Advisory Neighborhood Commission (ANC) about the appropriate

classification of such uses within the District of Columbia under the zoning regulations. The

DCRA Director at a public meeting conceded as much in welcoming this appeal and BZA clarity

on the appropriate categorization of such uses under the zoning regulations is clearly needed.

This appeal may also facilitate the issuance of clarification on similar uses under ZR16.

P a g e | 3

ARGUMENT

The ZA Incorrectly Determined the Facilities Use under Existing DC Regulations.

Here, the ZA did not appropriately apply 11-B DCMR 201.5,which provides that the ZA

should consider “[t]he description of the activity or activities in relationship to the definition

of each use category.” By not identifying and selecting the use category most closely

associated with the proposed use, the ZA issued the CofO incorrectly. [Attachment A, pg.

Subtitle B-47 to B-48]

First, the DC Code 44-1201.6 defines “substance abuse” as “a pattern of pathological use

of a drug or alcohol that causes impairment in social or occupational functioning or

produces physiological dependency evidenced by physical tolerance or physical symptoms

when the drug or alcohol is not used.” DCMR § 22-A6301.1 further defines a “Substance Use

Disorder” (SUD) as a “chronic relapsing disease characterized by a cluster of cognitive,

behavioral, and psychological symptoms…” [Attachment B, pg.1] These are similar to

definitions found under federal Medicaid, Medicare and SAMHSA laws that support that

SUD should be considered a disease, similar to other medical conditions, that is treated by a

specialist under a coordinate medical care plan. Similarly, the zoning regulations

specifically include the words “treatment of illness or disease” under 11-B DCMR § 2-

200.2(q) [Attachment A, pg. Subtitle B-40] which defines the use category “Medical Care”

as:

(1) A use involving the on-site licensed provision of medical diagnosis, treatment, or

prevention of illness or disease of humans;[emphasis added]

(2) These facilities may provide medical or surgical care to patients or offer overnight

care;

(3) Examples include, but are not limited to: dentist, doctor, optician, hospitals, clinics,

or medical offices.

The regulations under each use category also provides, “but are not limited to”, a list of

examples. Clearly, treatment at a facility for SUD is more closely related to “Medical Care.”

Furthermore, an Outpatient Treatment Facility is the appropriate subcategory under

“Medical Care” because the described activities at the Property are, by definition, services

provided at an outpatient treatment facility. DC Code § 31-3101 (15 & 16)

[https://beta.code.dccouncil.us/dc/council/code/sections/31-3101.html] provides these

https://beta.code.dccouncil.us/dc/council/code/sections/44-1201.html

https://beta.code.dccouncil.us/dc/council/code/sections/31-3101.html

P a g e | 4

definitions of outpatient services and outpatient treatment facility:

(15) “Outpatient services” means therapeutic services that are medically or

psychologically necessary and that are provided to a patient according to an

individualized treatment plan that does not require the patient’s admission to a hospital

or a nonhospital residential facility.

(16) “Outpatient treatment facility” means a clinic, counseling center, or other similar

location that is certified by the District or by any state or territory as a qualified provider

of outpatient services for the treatment of drug abuse, alcohol abuse, or mental illness.

The term “outpatient treatment facility” includes any facility operated by the District,

any state or territory, or the United States to provide these services on an outpatient

basis.

While the definition includes the word “clinic,” the Appellant agrees with the ZA’s

reasoning in their Pre-hearing Statement that the definition of clinic is better defined

elsewhere in the DC Code and does not accurately reflect the activities that will occur at the

Property. If one correctly applies the definitions in the DC Code and DCMR, the proposed

use of the Property is for Medical Care and the BZA must rule to that effect.

The ZA, however, erroneously concluded that “Office” is the appropriate category by

incorrectly assuming that “clinic” or “medical office” (which are not use categories) were

the only possible subcategory classifications (DCRA Pre-Hearing Statement, pg. 3). The

zoning use category “Office” is described in 11-B DCMR § 2-200.2(y) [Attachment A, pg.

Subtitle B-43] as:

(1) A use engaging primarily in on-site administrative, business, professional, research,

or laboratory-based activities;

(2) These uses are characterized by activities in an office setting that focus on the

provision of off-site sale of goods or on-site information-based services, usually by

professionals;

(3) Examples include, but are not limited to: real estate agency, law firm, accounting

firm, advertising agency, stockbrokerage firm, or laboratory; and

(4) Exceptions: This use category does not include uses which more typically would fall

within the medical care [emphasis added]; education; local government; retail;

production, distribution, and repair; financial service; or chancery use categories;

The ZA incorrectly argued that the activities at the Property should NOT be classified as

a “clinic” or “medical office” based on the definitions in District regulations and proceeded

to automatically default to the category of “Office.” Here, as a threshold matter, the ZA is

accurate with the first part, that neither classification, “clinic” nor “medical office” is

appropriate for the outpatient treatment facility that would operate at the Property. The

decision, however, to conclude that the only plausible and appropriate use category is

P a g e | 5

“Office” is inconsistent with the description of the use category options provided in 11-B

DCMR § 200.2 [Attachment A, pg. Subtitle B-35 – B-47] and the specific requirements at

11-B DCMR § 201: Rules For Determining Use Categories. [pg. Subtitle B-47 – 48]

Here, the ZA incorrectly determined that a CofO application for an outpatient treatment

facility should be approved under the “Office” use category. Therefore, the BZA should

reverse the ZA’s decision and clearly categorize the outpatient treatment facilities under the

Medical Care use category in this case and in future such applications.

Certificate of Occupancy, Application & Building Use Code Inconsistencies

In this case, the CofO application is riddled with error under the regulations with respect

to building use code which are grounds for invalidating the CofO issued for the Property.

The CofO issued to Andromeda Transcultural Health ("Andromeda") described the

occupancy as “general office space on the 1st and 2nd floors” under the zoning code use

category “Office” and with a Building Code Use category of “Office–B.” [ANC 6B Appeal,

pg. 4] The CofO applicant, Andromeda, marked on their application the reason for seeking

the CofO was for “ownership change.” [ANC 6B Appeal, pg. 5] The ZA may have correctly

accepted “ownership change” as the reason for the CofO application since Andromeda was the

new tenant of the building and more than one of the options would have applied to their use of

the property. The property owner (Vida Real Estate Properties, LLC), however, should have

been required to apply for a CofO after purchasing the property as required under 12-A DCMR §

110.1.2, [Attachment C, pg. 1] nearly two years before leasing the building to Andromeda. The

property was sold to Vida Real Estate Properties at Tax Sale on July 17, 2013 as stated in a letter

dated August 27, 2013 from the DC Office of Tax and Revenue. Likewise, Andromeda should

have applied for a “use change” rather than an ownership change, especially since a CofO

previously existed for that property.

The current approved building code use prohibits the issuance of a CofO for Medical Care

since it has been approved for use for Group-B. As a result, if Andromeda did continue to

operate at that property1, it would need to have the building use code changed in order to operate

1 Andromeda was approved by DC Department of Behavioral Health to operate an outpatient treatment facility for

SUD on July 15, 2016

P a g e | 6

an outpatient treatment facility for SUD. The CofO states that the building use code is “Office –

B.” A review of the 2013 DC Building Code, Chapter 3 § 304: Business Group B [Attachment

D, pg. 84], identifies the business occupancies and use as “for office, professional or service-type

transactions, including storage of records and accounts.” Among the examples provided is

“Clinic, outpatient” which is defined in Chapter 2: Definitions [Attachment E, pg. 55] as

“[b]uildings or portions thereof used to provide medical care on less than a 24-hour basis to

persons who are not rendered incapable of self-preservation by the services provided.”

Therefore, the ZA correctly found that the proposed use of the Property is NOT a clinic.

But under the 2013 DC Building Code, Chapter 3 § 308, the proposed use of the building is

most similar to the classification of an Institutional Group I-4, “adult day care” facilities

[Attachment D, pg. 91]. But 11-B DCMR § 100.2, specifically excludes “facilities that offer

drug or alcohol abuse rehabilitation services.” [Attachment A, pg. Subtitle B-3] Such

inconsistencies highlight the need for clarification by the BZA. The other Group I subcategory

does include “Alcohol and Drug Centers” but only includes building uses where people reside in

the facility.

The current approved building use as an outpatient treatment facility for SUD would not be

allowed and the owner or tenant must be required to have the building use code changed when

they applied for the CofO for a Medical Care use at the Property.

BZA Precedence Related to this Case

The BZA ruled on a similar case in 1996 but the ZA appears to have ignored that

decision and has continued to issue CofOs under “Office” rather than applying that decision

in subsequent CofO applications or renewals. BZA Appeal 16066 is similar on multiple

fronts in that it involved a question of the appropriate use in a C-2-A zone based on the facts

about a day treatment program and the activities proposed to occur at the building in

Northwest Washington, DC. [Attachment F] Like here, in BZA Appeal 16066, the appellant

charged that the acting ZA “erred in issuing a C of O for a use that is not described in the

Zoning Regulations.” In that case, just like here, the acting ZA argued that since neither the

DC Code, DCMR or zoning regulations at that time specifically defined “day treatment

P a g e | 7

program,” the default use category was general office, which had been established through

previous ZA decisions.

The service provider, Psychological Development Associates (PDA), provided services

that would have been categorized as an Institutional Group I-4, adult day care facility. The

similarity between these two cases is that the activities at each building were more closely

related to the use category “Medical Care” and not “Office.” The BZA in Appeal 16066

[Attachment F, pg. 7] wrote the following in the “Conclusions of Law and Opinion”:

The Board concludes that the certificate of occupancy was issued on the basis of

the use being for general office. However, the Board concludes that a change of

use occurred at the site. Finally, the Board concludes that the day treatment

program activities that are engaged in by the Psychological Development

Association do not comport with what normally occurs in a general office.

Therefore, the Board concludes that the Acting Zoning Administrator erred in

deciding to issue the certificate of occupancy.

The BZA should rule in the same manner in the present case and clearly establish that an

outpatient treatment facility is not consistent with what normally occurs in a general office.

CONCLUSION

For the reasons stated above, the Zoning Administrator clearly erred in deciding to issue a

certificate of occupancy under the Office use category. The BZA Board should grant ANC 6B’s

appeal and reverse the decision of the Zoning Administrator.

Submitted by:

Chander Jayaraman, Advisory Neighborhood Commissioner, ANC-6B, SMD 6B08

1436 Independence Avenue, S.E. Washington, D.C. 20003 [email protected]

Appellant

Kirsten Oldenburg, Chairperson, Advisory Neighborhood Commission, ANC 6B

423 12st Street, S.E. Washington, D.C. 20003 [email protected]; [email protected]

Appellant




P a g e | 8

CERTIFICATE OF SERVICE

I hereby certify that on this 6th day of September 2016, a copy of the foregoing Pre-Hearing

Statement was served via electronic mail to:

DCRA: Mr. Matt LeGrant, Zoning Administrator

DC Department of Consumer and Regulatory Affairs

[email protected]

Maximilian L. S. Tondro (D.C. Bar # 1031033), Assistant General Counsel

Office of General Counsel, DCRA

1100 4th Street, S.W., Suite 5266 Washington, D.C. 20024

[email protected]

Property Owner: Vida Real Estate Properties, LLC

Attn: Daniel Carrillo

[email protected]

CofO Holder: Dr. Alavaro Guzman c/o Olga Valdivia

Circulo de Andromeda

3601 14th Street, N.W. Washington, D.C. 20010

[email protected]

[email protected]

mailto:maximilian.

mailto:maximilian.



Summary of Changes to GAR Guidebook http://doee.dc.gov/GAR

The Draft Revised Green Area Ratio (GAR) Guidebook has been revised and is available for public comment from August 19, 2016 to October 10, 2016. The Draft Revised GAR Guidebook incorporates changes from the final rulemaking for the Zoning Regulation Review, which was posted in the D.C. Register on March 4, 2016. This revision also clarifies issues that stakeholders or the Department of Energy and Environment (DOEE) noted in the previous version. The Guidebook is maintained on the DOEE website at doee.dc.gov/gar.

The final rulemaking for the 11 DCMR zoning regulations resulted in the following changes to GAR Subtitle C, Chapter 6:

New zone districts are identified with their associated score. New trees are credited by mature tree canopy by species, not initial caliper size. Vegetated walls are clarified to be credited by vertical surface, not horizontal coverage at the

ground plane. Plantings listed as invasive species may not be credited under the regulation.

Major changes to the GAR Guidebook and forms include the following:

Further definition is provided for multiple lot submittal requirements as well as lots with multiple zones and some historic structures.

Requirements for resubmittal are listed and will ease the process for field changes to approved plans.

Tree species and vegetated walls now require minimum soil volumes to be fully credited, with greater soil depth given to these elements only.

Shrubs, grasses, and herbaceous plants credited at 2-foot height or greater are provided with a conversion between mature square footage and equivalent square footage.

Additional plantings credited at 2-foot height or greater include new trees below minimum standards as specified.

Tree preservation standards for critical root zone now refers to the proposed Erosion and Sediment Control Guidebook, Chapter 9.

Green roofs must comply with minimum standards by planting type and availability of irrigation. Green roof depth credits soil media alone and does not include the drainage layer as previously

listed, with an exception for green roofs that have a 1- to 2-inch growth media depth. These green roofs may be credited if providing a water retention layer to the combined 2-inch depth.

Permeable pavement excludes rooftop use and credit. Review standards for elements not undergoing stormwater management plan approval are

clarified. The GAR plant list provides common plant selections, credited categories, and associated

characteristics.

The revised draft of the GAR Guidebook shows deletions as strikethroughs and additions as underlines. DOEE will post all public comments on its website at doee.dc.gov/gar. The updated GAR Guidebook will be effective for all plan approvals as of September 6, 2016.

http://doee.dc.gov/GAR

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July 27, 2016 - Eastern Market Report *The EMCAC committee convened at 7pm at the Eastern Market North Hall on 7/27/16.

Previous meeting was 6/22/16.

* 2016 meeting dates: no meeting in August; 9/21 (note the date change); 10/26; and 11/30

* Report from Chair

Donna reported that EMCAC’s letter on the Market Business plan was sent to Director Weaver;

announced that EMCAC officer elections are scheduled for September, there will be a 30-day

period for nominations and election for independent community member. Interested parties

should submit a letter of interest. Additional details will be circulated.

* Eastern Market Mainstreet Proposal Discussion

Merchant Row Association is leading an effort to achieve main street status for the following

area:

Eastern Market: Pennsylvania Ave from 2nd Street, SE to 8th Street, SE; 7th Street, SE from

Pennsylvania Avenue, SE to North Carolina Avenue, SE; C Street, SE from 6th Street, SE to 8th

Street, SE; 8th Street, SE from Pennsylvania Avenue, SE to C Street, SE.

Reception from members in attendance was mixed with some concerns raised about the usage of

the Eastern Market name. There was also recognition that the name “Eastern Market” has also

grown to describe the surrounding neighborhood.

The Main Street Program was created by the National Trust for Historic Preservation to help

communities preserve and revitalize their commercial districts. Today, there are more than 2,000

Main Street programs in towns and cities across the country, which rehabilitate older commercial

districts and work to attract new investment, jobs and businesses. There are ten Main Street

programs in DC: Barracks Row; Congress Heights; Deanwood Heights; Dupont Circle; H Street

NE; North Capitol Street; Shaw; Rhode Island Avenue NE, Van Ness and Tenleytown.

If designated, Eastern Market Main Street will hire a full-time Director who will work with

businesses and the community. In addition, the Director will manage and coordinate the activities

of three key Main Street committees.

Promotion - Promoting the Eastern Market building and vendors and its existing local brick and

mortar businesses of 7th Street and Pennsylvania Ave. as well retaining and bringing new

business to the area. Which will improve the quality of weekdays and weekend visitors

Design: Will help to Foster a more attractive streetscape that draws shoppers, workers and

visitors to Eastern Market Main Street

Economic Development: Strengthen the neighborhood’s existing businesses by identifying

technical assistance programs and activities that will help them succeed and connecting them to

or creating those opportunities. Produce opportunities for local businesses to get to know each

other and work together to strengthen Eastern Market as a neighborhood.

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*The Market Manager monthly report, Barry Margeson

Leases: The Chief Operating Officer of DGS, Jonathan Kayne, and I have discussed the leases

and their current status. The COO is very interested in finalizing the leases and providing the

merchants with an executed lease. Once the lease development process has been reviewed and

agreed up on internally, we will reach out to the EMCAC and the merchants.

Marketing: WETA just released their neighborhood series that focuses on Capitol Hill, Adams

Morgan, Georgetown, and Anacostia in just under an hour. They were interested in highlighting

surprising elements that even those who live there aren’t familiar with. For Capitol Hill, they

focused on Peterbug Matthews, Congressional Cemetery, Rose’s Luxury, the alleys of the hill.

It’s nice that they spend a short moment introducing the neighborhood by way of Eastern Market

(26.40-27.40), especially since they give Capitol Hill a slightly larger chunk of time than the

others. It’s at http://watch.weta.org/video/2365804246/?start=1200 and we will put a link on our

facebook page and webpage.

Dominiqua restarted our Instagram account. We now have 641 followers, more than double last

meeting in June (302 back then)

Website is at 90%. We will talk with the developer tomorrow about what we need to do to get it

to 100%.

The website is: http://new.easternmarket-dc.org/

The issues are less content and more links. We will not swap it out until it is 99-100%.

Eastern Market History Book! Eastern Market is lucky enough to have three fantastic interns

from the Marion Barry Summer Youth Program: Chase Hinnant, Terita Butler, and Chanel

Coleman. We are lucky enough to have Maya Kearney, who is beginning her PHD program at

GW this Fall, advising them. Under the direction of neighbors Michelle Carrol and Nina Tristani

from N&M House Detectives, they are putting together a small table top history book of Eastern

Market.

Fresh Tuesdays: New Farmer: Breadmaker named Rebecca Lazar with SecondRising Bakery just

started up two weeks ago.

Produce Plus: Continues to go well though many people now know about the program and there

is a supply/demand issue that can be difficult to manage.

Merchants and Vendors: Crime has increased as it does each summer. We will be putting up new

cameras to monitor activity.

Operations: LED lights: Everything has been replaced but the uplights in the North Hall. That

will happen in another couple of months. We are waiting for another project to complete.

ATMs: We were experiencing increased outage because there was only one ATM and it was a

few years old. Two new ATMs functioning well.

HVAC: All of the chillers are now operating well. There was a brief issue over the last couple of

days that will be resolved tomorrow morning.

http://watch.weta.org/video/2365804246/?start=1200

http://new.easternmarket-dc.org/

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North Hall – Finances: We are offering a slightly discounted rate for bookings made up until

September 5. We have a lot of

visits that seem to be attributable to that. The corresponding bookings are coming in as well. 2

Community hours in the North Hall:

Steady community use of 250 - 270 hrs/month. In April, there will have been 38 hrs of public

events.

*Notes from Tenants’ Council Report.

The Tenant Council passed the following Resolutions:

RESOLUTION 7-14-16-01 Letter to DDOT (passed 5 to 0)

Tenant’s Council will send the following email to DDOT:

To:Faye Dastgheib, Policy Analyst

Benito Perez, Policy Planner

Office of Policy and Governmental Affairs

District Department of Transportation

55 M Street SE, Suite 700

Washington DC

From: Eastern Market Tenant’s Council

Eastern Market

Washington DC

July 18, 2016

Faye and Benito

Eastern Market Tenant’s Council lauds DDOT’s effort in the DRAFT of Eastern Market Curbside

Management Study of June 15, 2016. In consultation with Market Management, we generally

support all the recommendations made in DRAFT Eastern Market Neighborhood Parking Tool

Kit with a single reservation. In section Market/Visitor Parking we find the recommendation —

‘for dedicated remote parking location for vendors and employees’ — to be overly prescriptive.

The recommendation just below that one — ‘vendors parking a certain distance from the market’

— is more general and allows Market Management required flexibility in the complex task of

weekend market load-in and load-out.

We appreciate your consideration of our comment and please contact the Tenants Council and

Eastern Market Management should you have any questions.

RESOLUTION 7-14-16-02 Crime Incidents (passed 5 to 0)

The Tenant’s Council recommends that management communicate market crime incidents in a

more timely fashion to market participants, and in consultation with Metropolitan Police 1st

District Commander, issue informed safety recommendations.

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RESOLUTION 7-14-16-03 Hine Project Construction Schedule (passed 5 to 0)

The Tenant’s Council requests that management obtain construction schedule for Hine project

construction activities that might affect Market operations.

General Notes:

1. Barry Margeson handed out proposed revisions to Attachment A - Rules and Regulations for

the outside market, for review and comment in special meeting to be called in the near future.

2. Persons involved in the Eastern Market Main Street Program have reached out the Tenant’s

Council Chairs, Chuck Brome and Mike Bowers to schedule an introductory meeting in the near

future.

*EMCAC next scheduled meeting will be at 7pm at the Eastern Market North Hall on

9/21/16

ADVISORY NEIGHBORHOOD COMMISSION 6B REGULAR … · Alcohol Beverage Control Committee Report 6. ......

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