January 9, 2023 / By email: eom@dc.gov
Re: Tree permits TA89072 & TA88465
The Honorable Muriel Bowser
Mayor of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW
Washington, DC 20004
Dear Mayor Bowser:
I write as a member of the steering committee of Friends of the Field, a group granted party status in the zoning matter brought by Maret School to develop a sports complex at the Episcopal Center for Children, at Utah and Nebraska Avenues, NW. (BZA case #20643.) Maret intends to clear the five-acre site for construction later this month, or in early February, and has obtained the above-referenced permits to allow moving and removing more than 60 trees. Maret has not yet received final approval of their request for zoning relief from the BZA, and has not obtained the required construction permits for their (est.) $12 Million development.
We write to challenge the appropriateness of granting permission for the planned tree work before Maret has received approval for the overall project.
When the BZA does issue its full order, Friends of the Field will certainly appeal a decision to approve and request a stay of construction. Those filings will be based on reasoning supported by the Office of Attorney General for the District of Columbia, namely, that Maret’s project should be subject to a zoning use variance, and not merely a special exception. Should we prevail in court, any construction could be delayed for years, or blocked entirely. Allowing trees to be taken down now is premature, and would irreversibly alter a wooded site that has been part of the ECC campus for more than 90 years.
In correspondence with our neighbor Tom Bulger, of Nebraska Avenue, NW, Mr. Earl Eutsler, Director of DDOT’s Urban Forestry Division, said the Division was bound by procedures to rule on tree work applications promptly, within 40 days. He did not directly answer the question why, in this case, tree permit approval was not tied to overall project approval, nor issued with any timeline conditions.
Moving and removing dozens of trees is clearly a fundamental part of Maret’s plan for the sports complex. The permits were not even issued in the name of the Episcopal Center for Children, the owner of the property. Rather, they were issued in the name of Maret School, signed by Trey Holloway, Maret’s Assistant Head, Finance and Operations, as “owner”. The first permit was issued in March 2022, before the BZA had made any decision in case #20643. The second permit was issued in July 2022, when a fee of $131,112.30 was paid.
The initial field assessment of the trees was performed in November 2020. Maret notified the community of its plans in September 2021, applied for the above permits in October 2021, and held community meetings in early November 2021. Preparation for transplanting four large heritage trees began in March 2022, just as the dormant season was ending. It would be wrong to act as if the envisioned tree work is independent of the proposed Maret sports development.
Finally, let us be clear. Friends of the Field does not claim that the trees at ECC are all in peak condition. On the contrary, the diminished state of these and other trees on the property reflects years of neglect. Nevertheless, before rushing to clear nearly five acres of a wooded site for a project that might stall or be delayed for years, it would be more prudent to call a time out. Maret’s sports program has privileged access to the Jelleff Recreation Center until 2029. There is time to get this right.
We appeal to you to review this matter, delay the start of tree work, or declare a moratorium until the BZA has issued its full order in case #20643.
Sincerely,
Tom Downs
Former District of Columbia City Administrator
Former Director, District Department of Transportation
tmdowns1@aol.com
cc:
Anita Cozart, Interim Director, DC Office of Planning: Anita.Cozart@dc.gov
David Lieb, Senior Counsel, DC Office of Planning: David.Lieb@dc.gov
Everett Lott, Director, District Department of Transportation: Everett.Lott@dc.govEarl Eutsler, Associate Director for Urban Forestry Division, DDOT: Earl.Eutsler@dc.govBrian Schwalb, Attorney General for the District of Columbia: oag@dc.gov
Janeese Lewis George, Ward 4 Councilmember: jlewisgeorge@dccouncil.us
Lisa Gore, Chair, ANC 3/4G, SMD 01: 3G01@anc.dc.gov
Bruce Sherman, ANC 3/4G, SMD 02: 3G02@anc.dc.gov
Jim Nash, ANC 3/4G, SMD 03: 3G03@anc.dc.gov
Michael Zeldin, ANC 3/4G, SMD 04: 3G04@anc.dc.gov
Peter Lynch, ANC 3/4G, SMD 05: 3G05@anc.dc.gov
Peter Gosselin, ANC 3/4G, SMD 06: 3G06@anc.dc.gov
Zachary Ferguson, ANC 3/4G, SMD 07: 3G07@anc.dc.gov
