Thursday, May 06, 2021

another McMillan lawsuit filed -- in federal court -- based upon historic preservation covenants

 Link: PRESS ALERT: McMillan Supporters “Finally” Submit Federal Case to Stop “Demolishing the Site” Based on McMillan Park Deed Restrictions – Fit to Print DC (dcfeedback.com)


Press Alert from Committee for the McMillan Park Conservancy
Contact: Daniel Wolkoff, 202-232-8391, committeeformcmillanpark@gmail.com

McMillan Supporters “Finally” Submit Federal Case to Stop “Demolishing the Site” Based on McMillan Park Deed Restrictions

Washington, DC – On May 5, 2021, McMillan Park supporters have filed their long-planned federal case about the protective restrictions found within the McMillan Park Deed.  See below attached.

These restrictions “run with the land” and is binding upon “all successors or assigns of any real property interests” in this special 25-acre public site and one of the first de facto integrated spaces in DC at North Capitol Street and Michigan Avenue, NW.

The complaint filed by several residents on May 5, 2021, explains:

The controversy from which the federal claims in this action arise involve the District of Columbia’s purchase of the Site from the federal government of the United States of America in September 1987 for $9.3 million, during which transaction the United States as seller, acting through its General Services Administration’s Acting Director, Patricia E. Bailey, imposed severe restrictions on the purchaser’s (Defendant and present owner of the Site, the District of Columbia) ability to alter, destroy or modify the historic features located on the Site, by virtue of historic-preservation covenants that run with the historic property in perpetuity and which inure to the benefit of the public at-large, including Plaintiffs, to this day.


“We are finally getting to the elephant on the plinth, that is the restrictions that ride with the McMillan Park deed that were skillfully and unlawfully ignored by the Mayor, the City Council, the DC Zoning Commission, the Mayor’s Agent on Historic Preservation, and they even dipped under the radar of some advocates,” said Jerry Peloquin, plaintiff in the case and longtime Ward 5 resident and McMillan Park supporter. “The McMillan deed restrictions say the city’s proposed high-density corporate privatization plan that suggests demolishing most of the historic McMillan assets and paving over most of this important open green public space is simply not allowed, period.”

The plaintiffs — Jimmie Boykin, Linwood Norman, Jerome Peloquin, and Daniel Wolkoff — have filed the case without an attorney but are in touch with several attorneys quite interested in coming on board soon to complete the litigation.

The complaint explains what is at stake:

The 1987 Deed to the Site contains restrictive preservation covenants specifically requiring that any work at the Site, inter alia, renovation, rehabilitation, construction or demolition activities, will be in accordance with the federal Secretary of Interior’s Standards. Defendant, District of Columbia, by and through its officers, has previously admitted that the plans for and on-site work implementing the VMP PUD Project at the Site are not in accordance with the Secretary Interior’s Standards because of the proposed demolition and destruction of historic resources at the Site and subsequent redevelopment plans that shroud existing cultural resources at the site with several very large commercial and residential buildings.

Below find the filed complaint to the:
UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

Wednesday, May 05, 2021

87 V Street NW "concept/rear porch" - on the HPRB agenda for either 05-27-2021 or 06-03-2021

From: DC Office of Planning <Planning@subscriptions.dc.gov>
Sent: Wednesday, May 5, 2021 4:01 PM
Subject: HPO Monthly Public Notice - May 2021

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Greetings:  This document and others related to this meeting will be accessible on the HPO Website .

 __________

MONTHLY PUBLIC NOTICE

May 2021

Issued by email on May 5, 2021

PURPOSE OF THIS NOTICE

This notice is the official monthly announcement by the District of Columbia’s Historic Preservation Office (HPO) of pending matters of public interest.  It includes items related to preservation planning, designation of historic landmarks and historic districts, and project reviews before the Historic Preservation Review Board (HPRB) and U.S. Commission of Fine Arts (CFA).

Please note that this notice contains changes in procedures, noted in bold, for the Historic Preservation Review Board’s public meetings due to the COVID-19 public health emergency.

 

NOTICE TO ADVISORY NEIGHBORHOOD COMMISSIONS

HPO and HPRB welcome and encourage Advisory Neighborhood Commission (ANC) participation in the historic preservation review process.  HPRB gives great weight to duly adopted written ANC views on matters of significance to neighborhood planning and development. 

 

How Affected ANCs Should Use this Notice

This is an initial notice to ANCs of construction projects recently filed for HPRB review.  Projects are identified by address and ANC area where the address is located.  Upcoming historic designation hearings are also listed, supplementing the separate notice letters mailed to ANCs.

HPRB regulations are designed to allow ANCs to identify projects they believe are significant to neighborhood planning and development.  ANCs can request project submissions and applicant contact information from the assigned HPO staff person listed on this notice.

The historic preservation regulations encourage, but do not require, applicants to contact the affected ANC to present their projects and to resolve any public concerns before HPRB review.  If an ANC is interested in a project listed on this notice, but has not yet been contacted by the applicant, the ANC is encouraged to arrange for an ANC review directly with the applicant. 

 

Longer Notice Period for Cases Undergoing ANC Review

HPO gives notice according to rules designed to balance the interests of project applicants and ANCs.  If HPO is already aware of ANC interest in a project, the case is listed on two successive monthly notices in order to ensure a minimum notice to the affected ANC of 45 days (or 30 working days, whichever is longer).  This means that when these cases first appear on this notice, they are scheduled for the HPRB meeting at the end of the following month.

HPO asks affected ANCs for help in identifying any other projects on this notice that they want to review at a public meeting.  Upon notification, HPO will ensure that the affected ANC receives a minimum 45-day notice of those cases.  ANCs may identify an interest in reviewing any or all cases that affect their area.

For those cases that affected ANCs do not need to consider at a public meeting, HPO will proceed with review for possible consideration at this month’s HPRB meeting.  The shorter notice allows the application to proceed without unnecessary delay to the applicant or burden to the ANC.

 

How to Ensure Consideration of ANC Views

ANCs should first identify those cases on this notice they want to review.  ANCs should feel free to contact the assigned HPO staff person for information about any case.  ANCs should also contact HPO in writing to request an extended notice for those cases the ANC wants to review at a public meeting.  Requests are granted automatically and may be made by email to the assigned staff person or to historic.preservation@dc.gov .  Requests should be made as soon as possible, but no later than two days before the upcoming HPRB meeting.  ANCs do not need to contact HPO about projects that are already scheduled to allow a 45-day review period, or that they have already reviewed. 

 

How to Submit ANC Comments

For ANC comments to receive great weight, they must be adopted by ANC vote at a duly noticed public meeting.  ANC comments may be in resolution or letter format and should be submitted within the 45-day review period.  Comments should relate to HPRB’s area of jurisdiction, state the vote taken, and articulate the basis for the ANC recommendations.

Any ANC commissioner is welcome to participate in HPRB meetings as an individual, but only the duly adopted official comments of the ANC receive great weight.

 

GENERAL AVAILABILITY OF PUBLIC INFORMATION

The applications listed on this notice and their associated materials are a matter of public record. 

Case files, including all correspondence received, may be accessed on the Office of Planning website.  Due to the COVID-19 public health emergency, case files are not currently accessible in person.

 

HOW TO ACCESS THE HPRB MEETING

Due to the COVID-19 public health emergency, the HPRB meeting may be accessed live via WebEx.  Use the links below to access to the meetings:

 

May 27 Meeting link: https://dcnet.webex.com/dcnet/onstage/g.php?MTID=ec10133d92de4d5ffcfa964e39a11db0b 

Call-in number:  1-650-479-3208

Access Code: 160 723 6006

 

June 3 Meeting link: https://dcnet.webex.com/dcnet/onstage/g.php?MTID=e9657d3ba11940f5b64a088033ac95146 

Call-in number:  1-650-479-3208

Access Code: 160 121 3610 

The link and further instructions to those meetings will be posted on the Office of Planning website:  https://planning.dc.gov/page/historic-preservation-review-board .

The meeting will be recorded and posted to the Office of Planning website approximately 5 days following the meeting.

 

COMMENT SUBMISSION DEADLINES

Public comments are welcome on HPRB cases.  Written public comments must be submitted at least 24 hours in advance of the scheduled meeting. 

To testify before the HPRB via WebEx, you must also register 24 hours in advance.  Please submit your name and the case you wish to testify on by emailing historic.preservation@dc.gov .  Instructions for testifying will be emailed to you in advance of the meeting.

Any comments received after the final deadline will held for the record but not distributed to the HPRB members. 

The 66-day/51-working-day ANC notice period for new cases on this notice expires on:  July 15, 2021

 

NOTICE OF HISTORIC PRESERVATION REVIEW BOARD MEETINGS

May 27, 2021    

June 3, 2021

The Historic Preservation Review Board (HPRB) will meet via WebEx to consider concept and permit applications for work affecting historic properties. Applications for historic landmark or historic district designation may also be considered.

The agenda for these meetings will be drawn from the list of filed cases below, but not all cases on the list will be included.  The agenda will be released on the Friday before each meeting and will be emailed to all recipients of this public notice.  The agenda and HPO reports for the scheduled cases will be posted on the HPO website at www.preservation.dc.gov  by the end of the day on Friday, May 21, 2021.  

 

NOTICE OF CASES FILED FOR REVIEW

The following cases have been filed by this month’s application deadline for submission to HPRB. The agenda of cases for the upcoming HPRB meetings will be drawn from this list.

Listing on this notice does not guarantee a hearing this month.  Some cases are already scheduled for the following month.  Other cases may be deferred at the request of the affected Advisory Neighborhood Commission (ANC), for insufficient information, or at the discretion of HPO or HPRB.

For inquiries about or to provide comments on a specific case, please contact the assigned staff person listed below.  Written comments should be received at HPO by the comment deadlines noted above. Submission of written comments by email is preferred.

 

INFORMATIONAL PRESENTATIONS AND DISCUSSION

Overview of DC archeological program (Trocolli and Ames)

Presentation on scope and timeline for preparation and public review of 2025 Preservation Plan (Maloney and Elliott)

 

HISTORIC LANDMARK AND HISTORIC DISTRICT DESIGNATION HEARINGS

ANC

5B         Twelfth Precinct Station House, 1700 Rhode Island Avenue NE, Case 20-11 (Dennee)

6E        Mount Vernon Triangle Historic District amendment (boundary expansion), 917, 919 and 921

             6th Street NW and 504, 506 and 508 K Street NW, Case 20-11 (to be heard June 24)

6E        917, 919 and 921 6th Street NW, Case 20-12 (to be heard June 24)

 

PERMIT APPLICATIONS AND CONCEPTUAL REVIEWS

Historic Landmarks

2A          Mullett Rowhouses, 2519-2523 Pennsylvania Avenue NW, HPA 21-222, design development/construct four-story rear building and fifth-floor additions, alterations (to be heard June 24; Dennee)

 

Anacostia Historic District

8A          2004 14th Street SE, HPA 21-316, concept/new construction of three-story house (Price)

 

Bloomingdale Historic District

5E           87 V Street NW, HPA 21-327, concept/rear porch (Meyer)

 

Capitol Hill Historic District

6A          140 12th Street NE, HPA 21-317, concept/three-story rear addition, windows and doors (Nadal)

6B          420 11th Street SE, HPA 21-253, concept/three-story rear addition (Nadal)

6B          313 9th Street SE, HPA 21-262, concept/second-story addition to one-story garage (Nadal)

6B          232 10th Street SE, HPA 21-272, concept/three-story rear and roof addition, roof deck, remove garage (Nadal)

6B          360 7th Street SE, HPA 21-320, concept/add metal pergola at sidewalk (Nadal)

6B          900 South Carolina Avenue SE, HPA 21-324, concept/various window and door alterations (deferred at request of the applicant; Nadal)

 

Cleveland Park Historic District

3C          3562 Macomb Street NW, HPA 21-321, concept/add second story to garage, deck, various alterations (Callcott)

3C          3430 34th Street NW, HPA 21-322, concept/one-story side addition, garage (Callcott)

3C          3704 35th Street NW, HPA 21-326, concept/new bays at side and rear, garage alteration (Callcott)

 

Dupont Circle Historic District

2B          1637 17th Street NW, HPA 21-318, concept/sidewalk café enclosure (Brockett)

 

Financial Historic District

2B          734 15th Street NW, HPA 21-083, concept/penthouse addition, window and door replacement (Maloney)

 

14th Street Historic District

2F           1427 Q Street NW, HPA 21-269, concept/one-story rear addition with roof deck, side bay, new areaway entrance (Callcott)

 

Mount Pleasant Historic District

1D          1833 Irving Street NW, HPA 21-323, permit/third story addition at roof (Dennee)

 

Mount Vernon Square Historic District

6E           1227 4th Street NW, HPA 21-315, concept renewal/two-story rear addition (Meyer)

6E           473 Ridge Street NW, HPA 21-325, concept/two-story rear addition (Meyer)

 

Shaw/Blagden Alley Historic District

2F           1400 9th Street NW, HPA 21-142, concept/ new construction of three-story building (Meyer)

2F           1413 Columbia Street NW, HPA 21-319, concept/three-story rear addition; reconstruct front bay (Meyer)

 

U Street Historic District

1B          1801 9th Street NW, HPA 21-260, concept/connect to 813 S Street, storefront alterations (Price)

1B          1471 Florida Avenue NW, HPA 21-273, concept/three-story rear and side addition (Price)

 

Walter Reed Historic District

4A          6900 Georgia Avenue NW, HPA 21-220, revised concept/construction of 50 townhouses on parcel WXY (Dennee)

 

Woodley Park Historic District

3C          2735 Connecticut Avenue NW, HPA 20-391, concept/rear addition of four stories behind two-story building (Brockett)

 

HPO CONTACT INFORMATION

HPO STAFF REVIEWERS

 

Anne Brockett

anne.brockett@dc.gov

(202) 442-8842

 

Steve Callcott

steve.callcott@dc.gov

(202) 741-5247

 

Tim Dennee

timothy.dennee@dc.gov

(202) 442-8847

 

Kim Elliott

kim.elliott@dc.gov

(202) 442-8838

 

Andrew Lewis

andrew.lewis@dc.gov

(202) 442-8841

 

David Maloney

david.maloney@dc.gov

(202) 442-8850

 

Brendan Meyer

brendan.meyer@dc.gov

(202) 741-5248

 

Moira Nadal

moira.nadal@dc.gov

(202) 442-7703

 

Imania Price      

imania.price@dc.gov

(202) 442-8827

 

Kim Williams

kim.williams@dc.gov

(202) 442-8840

 

To be included on the email distribution list for this monthly public notice, please visit the Office of Planning website and sign up at http://planning.dc.gov/node/568242 .

 

HPO AND HPRB WEBSITE

For additional information, see the HPO and HPRB website at www.preservation.dc.gov . 

ACCESSIBILITY SERVICES: Persons needing accessibility accommodations including foreign language and sign language interpretation for preservation services and programs may contact Steve Callcott at the Office of Planning at (202) 442-7600 to request assistance. Please provide two weeks advance notice for HPRB meetings 

 

 

 

Bruce Yarnall • Historic Preservation Operations Manager

DC Office of Planning

1100 4th Street SW, Suite E650 • Washington, DC 20024

202.442.8835

bruce.yarnall@dc.gov

planning.dc.gov


Tuesday, May 04, 2021

Mother's Day Brunch from Big Bear (This Sunday!)

We're making a special packaged breakfast this Sunday for Mother's Day
with blueberry crepes, spring vegetable quiche,
and a little gem salad.
(feeds 2-3)

Its a beautiful little start to the day.

 Order ahead, and schedule a time.
We'll have your order ready under your name at the pick-up window.

 Happy Mother's Day.

Monday, May 03, 2021

North Capitol Main Street: "Let's celebrate small business month!"

From: North Capitol Main Street <hello@northcapitoldc.com>
Sent: Monday, May 3, 2021 12:51 PM
Subject: Let's celebrate small business month! 🎉 

View this email in your browser


 

 

What's inside:
11:Eleven Gallery | Small Business Bingo  | Farmer's Market | Support Our Work 

 

 

Business Highlight: 11:Eleven Gallery

 


 

This month’s business highlight features Nicola Charles from 11:Eleven Gallery (10 Florida Ave. NW). The gallery's name was born from Charles’s strong belief in angel numbers. The number 1111 represents positivity, opportunity, and the manifestation of one's goals, dreams, and aspirations. These numbers perfectly represent the gallery’s values and vision, which Charles brought to life when she opened 11:Eleven November 2019 in Truxton Circle (more). 
(image: Nicola Charles)
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Celebrate Small Business Month!

 


Bingo, anyone?

This year, DC Small Business Week has been expanded into a month-long celebration! We're proud of the unique and diverse businesses in the NorthCap corridor; help us celebrate them with a fun game of Small Business Bingo!

We'll share a new bingo card each week on our website and social media. To play along, visit the businesses throughout the week, and snap a picture for social media. At the end of the week, submit your card for a chance to win a prize!  
(image: NCMS)
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 BFM is Back!

 


Sundays, 9am-1pm from May 2-Dec 19, 2021

The Bloomingdale Farmers’ Market (BFM) just opened for the season! Each Sunday, you can find a large variety of fresh fruits and vegetables, as well as pastries, grass-fed meat, and more. The market is located in front of Big Bear Café at the corner of 1st and R Streets NW. To keep up to date on the farmer's market, you can sign up for their mailing list.

(image: NCMS)   
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