See this message from Bloomingdale resident Bertha Holliday:
TO: Bloomingdale Neighbors
As
one of the signatories (as a designated representative of The Neighbors of the Unit Block of T St., NW) of the recently approved
Settlement (Voluntary) Agreement) with
Costa Brava, I am pleased to provide a copy of that agreement for the
information of Bloomingdale residents..
I also would like to share that
from the very beginning of the process, Mr. Larry Holden, one of the owners and the manager of Costa Brava, indicated that he
welcomed Settlement Agreements as a
means for building community relations and making sure the business is
responsive to community needs.
Throughout the process, Mr. Holden
made every effort to understand the perspectives and concerns of
protestants., and kindly noted when those concerns were at odds with business
concerns . Consequently, discussions between Mr. Holden and protestants
were always easy, civil, and free-flowing. Thank you Mr. Holden and welcome to the
neighborhood!
I also take this opportunity to explain the
Settlement Agreement process and the
rationale for The Neighbors of the Unit Block of T St., NW seeking to be a
party to such an Agreement. For various
reasons, many in Bloomingdale have adopted a very negative stance towards the
filing of protests with the DC Alcoholic
Beverage Regulation Administration of liquor license applications of new bars
and restaurants. This was most recently indicated by votes of members of the
Bloomingdale Civic Association that were nearly unanimously against the filing
of protests against 3 liquor license applicants. Yet, ironically, many of these same residents
actively engage in protests to the liquor license applications of Bloomingdale`s carry-out liquor stores. Indeed, virtually every liquor store in
Bloomingdale has a Voluntary (Settlement) Agreement. Yet, many neighbors malign protesters of alcohol license applications of bars and
restaurants as `anti-business` and even crazy (I read a tweet that indicated I
personally sought to protest liquor applications because I believed people
would be coming out of the bars naked!).
The
Neighbors of the Unit Block of T Street, NW are not ant-business or crazy. We fully recognize and appreciate the
significant investment (in some cases in
excess of $500,000) made by liquor license applicants. We also acknowledge and appreciate the
contribution these businesses can make to the overall quality of life in
Bloomingdale -- and state this in our petitions of protest. And we understand that business seeks to
operate with as few regulations and requirements as possible to maximize
profits.
But
The Neighbors of the Unit Block of T St., NW, who live in very close proximity
to the 1st and Rhode Island , NW area where many of the new businesses are
locating, also fully recognize and acknowledge that Bloomingdale, in
architecture, lifestyle, and character,
is fundamentally a residential neighborhood, without a business `corridor`: In Bloomingdale, we have scattered businesses
and businesses located in very small
commercial areas -- and nearly all have
residential dwellings next to,
behind, above and/or in front of them.
Consequently, we believe the building
of working relationships and mutual understanding between nearby
residents and business becomes very important to enhancing these business`
bottomline. We also acknowledge and
appreciate the significant investment
of tens of millions of dollars that
residents of our block, over the past 20 years, have personally made in major
renovations, landscaping, and maintenance of their properties in order to transform this block of approximately 80
rowhouses from what the Washington Post called `the crack cocaine capital of DC`
of boarded up houses to one that is clean, safe, quiet, with trees and flowers and storybook
rowhouses. And for these reasons, we
seek to protect the desirability of our real estate and the tranquility of our
block as a means for maximizing our hard-earned home values.
The
Settlement Agreement (formerly known as a Voluntary Agreement) is the
instrument that DC has devised for handling the somewhat inherent conflict
between residents and those businesses
selling alcoholic beverages. But Voluntary Settlements can only be negotiated if a protest to the liquor license
application is filed. The basis for such
protests are identified by ABRA regulations and include concerns about hours of
operation, noise, signage, trash, etc.
ABRA regulations also identify who may file such protests such as
abutting neighbors, groups of 5 or more neighbors, ANCs, Civic Associations,
etc. Once a protest is filed ,
protesting parties and business owners are strongly encouraged to enter into mediation/negotiation and make use
of an ABRA mediator. This consensual
negotiation process begins with all parties (protestants and business
owners) describing their concerns and
proposed remedies. These are discussed
(often for several weeks) by all until
agreement is reached by all parties --regardless of how many protestants there
may be. A single Settlement is drafted
(usually by the business owner`s lawyer),
and reviewed and approved by all.
The Settlement than goes to the ABRA Board for tentative approval. If approved, the Settlement goes to the ABRA
General Counsel for legal review. If the
General Counsel suggests modifications, these must be reviewed and approved by
all parties. If such approval is
secured, the business owners and
protestants sign the Settlement, which
is again reviewed by the ABRA Board for final approval, dismissal of all
protests, and granting of the liquor
license. The Settlement Agreement is incorporated into the requirements of the
liquor license. I believe the
protest/Settlement process is very fair and transparent and civil.
I
urge Bloomingdale residents to think
about the liquor license protest and
Settlement Agreement
process in a more nuanced manner. I encourage your review of ABRA regulations regarding protest and Settlements on the ABRA website. And
I encourage you to read the Costa Brava Settlement Agreement so that you might be aware of, and better understand the legitimate concerns it addresses. (The Agreement will also soon be posted on the Bloomingdale Civic
Association website.)
Here
is the Costas Brava Agreement [see below].
Respectfully,
Bertha Holliday
