Wednesday, August 21, 2019

Friends of McMillan Park asks for injunction to stop demolition

Sent: Wednesday, August 21, 2019 5:22 PM
Subject: [HistoricWashington]
Friends of McMillan Park Asks for Injunction to Stop Demolition 

The Friends of McMillan Park shared this note today:

On Wednesday, August 21, Friends of McMillan Park filed a request for an injunction with the D.C. Court of Appeals seeking to stop demolition activity at the site and questioning the issuance of a demolition permit for the proposed development project, as noted in earlier email. Construction equipment was first observed on the site on Friday, August 16th, but the nature of the work was unclear, and no demolition permit was found.  The demolition permit was discovered on Saturday, August 17th (DCRA posts such permits at 3am the day after a permit is issued). FOMP immediately started working on the materials and facts necessary for an injunction request, which is not at all simple with several procedural steps required.

That injunction request has now been filed and FOMP is waiting to see the response from the D.C. Court of Appeals. The request was for immediate injunctive relief, but FOMP has no knowledge of when the court will respond or of course what the court's response will say.

Today, Wednesday, there was some activity noticed on the site, apparently the delivery of jersey barriers to the south service court, but no further information available on all that. But apparently the activity visible is preparatory to demolition work, not demolition itself, thus the urgency and timeliness of this injunction request.

Kirby Vining


Nate said...

Lol. Let’s hope the court makes them put up a bond for delay damages if they grant them an injunction. I’m tired of these people wasting my tax dollars on merit less appeals. What a joke.

Unknown said...

I believe that's the way most of the neighborhood feels at this point. The continued belligerence of FOMP is counter-productive and serves no one. How about we get together and ask the courts for an injunction to stop them from wasting OUR tax dollars and valuable time. They are blocking us from.the progress we have waited for and they are blocking housing, jobs, medical services and stores as well as a real park!! All in the warped name of historic preservation for some abandon underground caves once used to filter water. We need to shut them down and we need to do it now!

Linwood Norman said...

Sad that the previous respondents lack an appreciation for open green space and lack a future vision of McMillan as DC’s own Central Park.

Kevin Rapp said...

Linwood, someone would have to pay for the filtration plant to be converted into an open green space. At last check FOMP has raised $21,801.00 to support their cause.

Converting the filtration plant to an open green space would cost multi-millions in construction and further dollars in annual upkeep. The construction of an open green space, like the PUD, would also involve demolitiong the underground filtration cells. Multiple engineers have testified to the unsafe state of the concrete cells. Many of the silos have lowered several inches into the ground.

Whether as an open park or a development, It's not as simple as just taking down the fences. Unfortunately, the filtration plant in its current state is not safe for public entrance. This includes the 2,100 manholes, many of which are open, that cover the site.

I trust that you simply want a green space. The current PUD is not 25 acres of green space, however the planned 6-8 acres is substantial. Many who support FOMP and DCRD are not neighbors and are against any type of development in the city; as they are involved in anti-development cases throughout our area. They have even been paid to stop, in the case of The Line Hotel Project where they were paid $250,000.00. They have not disclosed specifically where that money went when asked.

There happens to be an even larger green space, that in reality once was a park, across the street surrounding the reservoir. Yet, seldom has anyone from FOMP or DCRD put any effort into promoting the reclamation of the real McMillan Park. If the filtration plant development moves forward, Bloomingdale will gain hundreds of additional neighbors who would most likely aid in a more realistic effort to open access to the real McMillan Park, not just an old industrial site that happens to fall within the jurisdiction of, "The McMillan Park Historic District", because it was once a functioning piece of the water processing system.

Unknown said...

That's a nonsensical "vision" Linwood. The closest thing to that in DC is Rock Creek Park. The current development plans also include a generous amount of accessible green space (far more than we have now). At this point, FOMP has lost a considerable amount of credibility. The development is inevitable at this point.

Daniel in brookland said...

And what have you done Kevin, other than bicker, and bicker to get that previous park space re-opened? And these concrete structures are the most massive, and strongest in the world. They contained millions of gallons of water, and all that pressure for 87 years. The VMP/Silman Structural report was absurd, paid for by VMP,and no court should have taken it seriously, but for corruption. I was told by a long term DC activist, "the judges would not be appointed if they were not corrupt" and that is basically playing out, they said no demo while there are cases pending, but have let VMP and Bowser lie like a rug, and step all over them... proof of the corrupt courts. Look at the massive disruption of this green space that violates the law,, what a cynical GAME!
We would have had a 25 acre green park since 1987 but for racist discrimination and City officials knowing they could do anything they want as long as it was not in the white upper income areas, period. Notice any fences around any green space in upper NW??

But potentially the 1,350,000 cubic feet of concrete may contain asbestos, but Bloomingdsale doesn't care! Our structural engineer has 30 years of experience at DOD, and he warns of potential asbestos released into the air as all that massive "(STABLE) concrete is pulverized, dynamited, and it disperses dust all over the water system, reservoir and your homes. Incorporating asbestos may explain why its so strong and stable after 114 years, as was a common practice at the time that site was erected..Good luck breathing over there.
now the next AFFRONT!!
"Maintain park-like character", only in DC could such utter garbage pass for govt. policy. They destroy McMillan park and tell us a streetscape "corridor", an ugly congested street, will "maintain park-like character". Bloomingdale you FAILED, you did not maintain any sort of real grassroots effort, FOMP was a bad joke, and you all just dropped back, dropped out like cry babies, and let this corrupt City Council, and Mayoroyalty shove VMP down your throats. Some of you were just nasty to me, and ineffective with your silly testifying to the City hearings, where DC officials laughed in your face. We sacrificed big expensive time, we went to court, Daniel and Chris went to court, and you Bloomingdale people were just pitiful, and only the Pro Se petitioners made any real commitment, and I applaud them.and thank each one for sticking to it. So look how Bloomingdale's meager efforts failed. We were and are committed, and you all abandoned us, so thanks a lot!! what ineffective,psuedo armchair liberals.. thanks alot!!!, you get what you deserve, a massive hideous development forced on you by un-ethical, immoral, corruption, and you let it happen.

all of DC , either you fight corruption or you enable it. Bowser and the City Council are corrupt and VMP is a lying, perjuring bully. Subordinate DC agencies are a sponge to absorb your time and energy and you all played right into their hands. These DC agencies that evaluate and regulate their own boss, fear for their jobs and must be corrupt, to enable DC officials, like McDuffie, and Mendelson to BE CORRUPT. The Attorney General must be corrupt, as well, or the system of corruption would never work. The massive transfer of public wealth to VMP, corruption at all of our expense. That MEDIOCRE bully VMP, will make great neighbors, good luck!

Daniel in brookland said...

I put time and effort into opening the entire 113 acres Kevin, what exactly did you do, other than insipid arguments about , what??

Kevin Rapp said...

Daniel, I have repeatedly responded to the multitudes of false and misleading information and allegations that you and others have spread throughout my direct community of Bloomingdale and our shared city of DC at large; also giving positive credit and feedback where applicable.

I am not going to dissect your latest rant above. But will give one answer. Regarding, "notice any fences around green space in upper NW?" Yes. The closest comparison to the McMillan Filtration Plant and Reservoir in DC is the Georgetown Reservoir, which is also fenced off, almost identically to McMillan.

Daniel in brookland said...

Good McMillan supporters:

We had a great turnout at the hearing today >>

Bottom line, today the Administrative Law Judge ruled:
1. DCRA should turn over all public documents to us that the permit issuance rests upon.
2. That this Friday, the OAH will determine if it has the jurisdiction to Stay the Demolition Permit and set a briefing calendar including a phone-in conference hearing on Tuesday, December 10, 2019.
3. DMPED says they begin demolition on January 6, 2019.

So yes, we now have a forum demanding DCRA be transparent with the information they have withheld from us for months despite this being an entirely public interest case. We want the air, water, soil erosion, geotech, fire safety, pedestrian safety documents that are supposed to be in place before anything begins at the site.

Moreover, we argued demolition is premature and illegal given the designation of the site as an historic landmark and because the legal nexus between construction and zoning codes has not been fulfilled, in that there is at least one more zoning approval that needs to happen beyond the many appeals we have in motion.


ALSO, PLEASE REACH OUT TO YOUR FRIENDS ON FACEBOOK! ON SOCIAL MEDIA. IN REAL LIFE! Share this link and have them sign the petition which also sends in a note. NOW IS THE TIME TO ACT!!

Finally, Keep January 6, 2019, on your calendar. DMPED says they will begin demolition of the site then. We will be there to protest! PLEASE BE READY!!

happy holidaze!

nobodyhomehere said...

I contacted my council member to ask they make certain progress on McMillan development not be derailed by another effort to delay community improvement. Thank you, Daniel, for suggesting we talk with our representatives. My member is McDuffie, who represents Bloomingdale neighborhood where the decaying filtration plant sits. Your council member doesn't.

Daniel in brookland said...

what is specifically false, ?????

Kevin Rapp said...

Daniel, you are welcome to read through all of my previous responses to you to gather the specifics. I took the time to respond to you. It is not necessary or fair to ask me to go back through all of your statements and my replies because you do not remember or did not take the time to read them.

Daniel in brookland said...

Com eto SAVE THE PARK on Sunday DEc 15 at Shaw Library Rhode Island and R sT NW 12:30 to 2:30 BLOOMINGDALE failed its children!!FOMP was a misguided effort lead NOWHERE by some dumb folks , but that does not make this less of an important environmantel issue and we need recreation space, NOT TRAFFIC!