FORT LINCOLN CIVIC ASSOCIATION EXHIBIT #2

Roy Pearson <roypearsonjr7@gmail.com>

November 20, 2019 ANC 5C Meeting

5 messages

Roy Pearson <roypearsonjr7@gmail.com> Sun, Nov 24, 2019 at 4:54 PM To: 5C01@anc.dc.gov, Brevardb@aol.com Bcc: Pierre Hines <PierreHinesANC@gmail.com>

Hi Ms. Brevard: I live in the Fort Lincoln community. I noticed that the agenda for the November 20, 2019 meeting of ANC 5C included: "Ft. Lincoln Special Exception and Variance Request Regarding New Housing Development." I live in the area of Fort Lincoln where the proposed new housing development is located. So I am writing to determine whether a vote to support or oppose the variance request was taken at the November 20th meeting? Thank you. Roy L. Pearson, Jr. 3012 Pineview Court, N.E. Washington, D.C. 20018 (cell) 202/525-8426 (home) 202/269-1191

Gail Brevard <brevardb@aol.com> Sun, Nov 24, 2019 at 5:24 PM To: roypearsonjr7@gmail.com

Good Day, Yes, there was a vote to support the project. Let me know if you have any questions regarding this matter or any other matter. Gail Brevard, Secretary ANC 5C 5C01@anc.dc.gov brevardb@aol.com 202-253-6340 [Quoted text hidden]

Roy Pearson <roypearsonjr7@gmail.com> Mon, Dec 2, 2019 at 6:22 PM To: Gail Brevard <brevardb@aol.com>

Hi Ms. Brevard: I just left a telephone message, thanking you for your prompt email response to me of last week. I mentioned in my voicemail message that I had a couple of additional questions that I would appreciate an opportunity to talk with you regarding. In my email and in my voicemail message I mentioned that I live in Fort Lincoln, on the lot right next to the one that is proposed for development. But I did not hear about the BZA proposal until the weekend of November 16-17, when Pierre Hines passed out some flyers advising us that it would be discussed at an upcoming Fort Lincoln Civic Association meeting on November 21st.

Board of Zoning AdjustmentDistrict of ColumbiaCASE NO.20184EXHIBIT NO.68

Cell Bernadino made a presentation at the November 21 Fort Lincoln Civic Association meeting, where he claimed that the new BZA application just made some "technical changes" to a previous BZA application that was approved in 2008. I assume that is also what he told ANC 5C when you approved the application the day before. on November 20th. Now that I have had an opportunity to study the 2008 BZA application I discovered that the new application is much different than the 2008 BZA application. For example, the new application crams 8 clusters of 7-9 townhomes, each, into the lot adjoining where I live. Two of the townhome clusters directly block (on both sides) an existing condominium building where we live. In sharp contrast, the 2008 BZA application only called for 4 townhomes clusters to go in that lot. And none of them were anywhere near the existing condominium buildings. Instead, in the area closest to the condominium building that the new proposal blocks on all sides, the developer proposed to build a playground, with plenty of grass all around it. And I listened to the audiotape of the 2008 BZA hearing and the developer (Michele Hagans) said she did not propose any buildings that would block the air, light and view of the existing buildings because the present condominium owners relied on the fact that there was plenty of air, light and an unobstructed view when they purchased and paid for their condominiums in 1989. So the 2019 BZA application -- which Michelle Hagans apparently is not personally involved with -- proposes twice as much density and will completely surround and block the view of one of our condominium buildings. In light of Mr. Bernardino's false statement at the Fort Lincoln Civic Association meeting, and I assume to ANC 5C as well --about their only being "technical changes", would you support calling a meeting of ANC 5C in December to reconsider its vote and to give Fort Lincoln residents an opportunity to be heard on the impact the 2019 BZA application will have on our property rights and the life we have enjoyed for the past 30 years? Otherwise, the BZA meeting will take place before ANC 5C meets in January 2020, and the BZA will have no choice but to give the vote of support that Mr. Bernardino defrauded ANC 5C into giving him, "great weight". Thank you. Roy Roy L. Pearson, Jr. 3012 Pineview Court, N.E. Washington, D.C. 20018 (cell) 202/525-8426 (home) 202/269-1191

Roy Pearson <roypearsonjr7@gmail.com>

Re: BZA Case Number 20184, Application of Fort Lincoln-Eastern Avenue LLC

2 messages

Gail Brevard <brevardb@aol.com> Fri, Dec 6, 2019 at 2:23 AM To: roypearsonjr7@gmail.com Cc: PierreHinesANC@gmail.com

Good Day All, Thank you Mr. Pearson for providing this information; otherwise, I would still be badly informed concerning the background of this matter. I will advise the 5C Commission of this information and let you know the outcome. Although, I am in my 5

th year as ANC, I do not know everything, which you probably detected during our conversation.

You have educated me a lot on DC Developers and working as an ANC. This was much more than the training I

received from the various DC agencies, including the Office of the ANC. Thank you so much. Gail Brevard, Secretary Commission 5C01 5C01@anc.dc.gov brevardb@aol.com ancward5C.com -----Original Message----- From: Roy Pearson <roypearsonjr7@gmail.com> To: Gail Brevard <Brevardb@aol.com> Cc: Pierre Hines <PierreHinesANC@gmail.com> Sent: Thu, Dec 5, 2019 12:05 pm Subject: Fwd: BZA Case Number 20184, Application of Fort Lincoln-Eastern Avenue LLC

Hi Commissioiner Brevard:

I am forwarding to you an email I received just a few minutes ago from the person at the D.C. Office of Planning who will be preparing their Report and Recommendation on the BZA application that Fort Lincoln-Eastern Avenue,LLC submitted on October 22, 2019. She also, coincidentally, prepared the Office of Planning's Report on the 2008 BZA application. So she is in a unique position to know whether the October 22, 2019 BZA application is a "technical" amendment to the earlier BZA application, or not. And she flatly states, in her email, that it is not. And in addition, the BZA Order granting the 2008/2010 BZA application is now expired. That is why Fort Lincoln-Eastern Avenue, LLC had to prepare and file a completely new application. Hard to believe Commissioner Manning fell for that line. But you will see that the approval letter that Commissioner Manning quickly prepared is attached to the email I received from the Office of Planning this morning. I am hoping you can convince your fellow Commissioners to give us a hearing in December on the "real deal" so that we don't have to combat a fraudulently-induced ANC letter of support on January 15th. Or, alternatively, that you can convince your fellow Commissioners to authorize you (on their behalf) to request a continuance of the January 15, 2020 BZA hearing so that this can all be sorted out at your regularly scheduled ANC 5C hearing later that same day. Thanks (and also for putting me on your email circulation list)! Roy

Roy L. Pearson, Jr. 3012 Pineview Court, N.E. Washington, D.C. 20018 (cell) 202/525-8426 (home) 202/269-1191

---------- Forwarded message --------- From: Brown-Roberts, Maxine (OP) <Maxine.BrownRoberts@dc.gov> Date: Thu, Dec 5, 2019 at 11:43 AM Subject: RE: BZA Case Number 20184, Application of Fort Lincoln-Eastern Avenue LLC To: Roy Pearson <roypearsonjr7@gmail.com> Cc: Pierre Hines <PierreHinesANC@gmail.com> Mr. Pearson: The applicant is correct that in 2008 the BZA through BZA Order 17741 granted special exceptions and variance

approval for the development of the site with 56 units (28 stacked townhouses in 4 buildings). This approval was modified by BZA Order 17741-A in 2010. I have attached copies of both Orders. The applicant stated that they were unable to proceed due to issues related to the Federal Governments transfer of ownership of a portion of the property to the DC Government. Both orders have expired and therefore a new application had to be submitted. The proposal is generally the same layout but instead of the 56 stacked townhouses they are proposing 51 single row houses. I would not say that the application is a “technical” amendment as the proposal has to be assessed all over and the penthouse and reduction in street width relief are new. The applicant submitted to me a copy of the November 20, 2019 ANC-5C report to the BZA, in which they voted 7-0 to support the application (attached). Maxine From: Roy Pearson <roypearsonjr7@gmail.com> Sent: Thursday, December 5, 2019 8:27 AM To: Brown-Roberts, Maxine (OP) <Maxine.BrownRoberts@dc.gov> Cc: Pierre Hines <PierreHinesANC@gmail.com> Subject: Re: BZA Case Number 20184, Application of Fort Lincoln-Eastern Avenue LLC

CAUTION: This email originated from outside of the DC Government. Do not click on links or open attachments unless

you recognize the sender and know that the content is safe. If you believe that this email is suspicious, please forward

to phishing@dc.gov for additional analysis by OCTO Security Operations Center (SOC). Thanks so much!! I am trying to get one of the ANC commissioners from ANC 5C to request the continuance, because that ANC is automatically a party to the BZA case. But the Commissioner is confused because ANC 5C was told by the developer that the October 22, 2019 BZA application is just a "technical" amendment to an earlier 2008 BZA application that was approved. [With that claim they duped ANC 5C into supporting their October 22, 2019 BZA application.] Am I correct that a BZA order granting a variance to these developers back in 2008, would have expired by now (because no construction work was ever begun) and would necessitate the filing of a completely new BZA application some 11 years later?

Roy Pearson <roypearsonjr7@gmail.com>

Re: Fort Lincoln BZA Application

2 messages

Gail Brevard <brevardb@aol.com> Mon, Dec 16, 2019 at 9:21 PM To: roypearsonjr7@gmail.com

Good day,

I sent your correspondence to the 5C Commissioners. The only one I have heard from is the Chairperson, Ms. Manning. She indicated that the HOA is responsible for contesting the ANC's support of the project.

Sent from my iPad

On Dec 15, 2019, at 10:45 AM, Roy Pearson <roypearsonjr7@gmail.com> wrote:

Hi Commissioner Brevard: Just checking in to determine, based on the revelation that you were misled about the Fort Lincoln BZA application, the steps (if any) you have decided to take to reverse the consent ANC 5C Commissioners were duped into giving to the proposal? Roy Roy L. Pearson, Jr. 3012 Pineview Court, N.E. Washington, D.C. 20018 (cell) 202/525-8426 (home) 202/269-1191

Roy Pearson <roypearsonjr7@gmail.com> Mon, Dec 16, 2019 at 9:31 PM To: Gail Brevard <Brevardb@aol.com>

Wow! So disappointing.

Roy Pearson <roypearsonjr7@gmail.com>

November 20, 2019, ANC 5C Vote

2 messages

Roy Pearson <roypearsonjr7@gmail.com> Tue, Dec 31, 2019 at 1:02 PM To: 5C04@anc.dc.gov, Gail Brevard <brevardb@aol.com>, 5C02@anc.dc.gov, 5C05@anc.dc.gov, 5C06@anc.dc.gov, 5C07@anc.dc.gov Cc: Pierre Hines <PierreHinesANC@gmail.com>

Dear ANC 5C Commissioners: On November 20, 2019, ANC 5C voted to support the BZA application of Fort Lincoln-Eastern Avenue, LLC. A hearing on that application before the BZA was first set for January 15, 2020, but it now appears that the hearing will be rescheduled, at the request of all parties, for February 26, 2020. The Fort Lincoln Civic Association ("FLCA") has asked that I negotiate a resolution, with the developers, of the zoning relief sought in the BZA application. If those negotiations are not successful I have been authorized to file a written Opposition to the zoning application. I have already completed a draft of the written Opposition. Because ANC 5C voted to support the BZA application the Opposition I have drafted necessarily demonstrates that ANC was in error. And, worse than that, it demonstrates that the Commission was duped by the developer. Indeed, the developer tried the same tactic on the Fort Lincoln Civic Association. In fairness to ANC 5C I have attached an excerpt from the draft of the FLCA's Opposition, so that

you can bring to my attention any statements in it that you believe are inaccurate. Thank you, Roy Special Counsel, Fort Lincoln Civic Association, Inc. Roy L. Pearson, Jr. 3012 Pineview Court, N.E. Washington, D.C. 20018 (cell) 202/525-8426 (home) 202/269-1191

PINEVIEW COURT-DUPING ANC 5C.pdf 476K

Roy Pearson <roypearsonjr7@gmail.com>

Re: BZA Case No. 20184

2 messages

GB <brevardb@aol.com> Sun, Feb 16, 2020 at 6:33 PM To: Roy Pearson <roypearsonjr7@gmail.com> Cc: Megan Toering <megantoering@gmail.com>, "hattie.pierce" <hattie.pierce@yahoo.com>, Catherine Taylor <ctaylor200@verizon.net>, Ann Wicker <awicker748@gmail.com>, Lee Kincaid <clklak@aol.com>, Carmen Dunlap <dunlapcarmen47@gmail.com>, Moyah <mrw812003@yahoo.com>, bnck22@gmail.com, Anthony Hubbard <aahubbard@gmail.com>, Allen Caldwell <allencaldwell008@gmail.com>, Neena B <jamaicanway@gmail.com>, Felicia Brown <feliciabrown1103@gmail.com>, "Sylvanus Bickersteth Jr." <sbick72@gmail.com>, Kelley Bickersteth <fitbick@gmail.com>, Michael Burroughs <Michaels.burroughs05@gmail.com>, DeShaun Wise <deshaun.wise@gmail.com>

Good day, The ANC 5C Secretary is Ms. Lauren Rogers, ANC 5C 02. She can be reached at 5C02@anc.dc.gov I hope this helps. Sent from my iPad On Feb 16, 2020, at 8:28 AM, Roy Pearson <roypearsonjr7@gmail.com> wrote:

Hi Ms. Brevard, Thank you for your prompt response and for the update. Can you tell me who the new ANC 5C secretary is? Roy On Feb 15, 2020, at 7:35 PM, Roy Pearson <roypearsonjr7@gmail.com> wrote:

Hi Ms. Brevard: I am writing to you in your capacity as Secretary of Advisory Neighborhood Commission 5C. Because the developer who filed BZA Case No. 20184 made a 75 page major modification of its development proposal on February 5, 2020, the BZA granted the Fort Lincoln Civic Association's motion to postpone the February 26, 2020 hearing date on the application until April 1, 2020. The FLCA is researching the newly modified 75 page BZA application and would like to schedule time at ANC 5C's March 18, 2020 meeting to present its reasons why the Commission should reconsider its November 20, 2019 vote on the earlier version of the BZA application and vote to oppose the modified 75 page February 5, 2020 BZA application. However, we want to make sure the developer (Fort Lincoln-Eastern Avenue, LLC) does not beat us to the punch by appearing before ANC 5C at your Wednesday, February 19, 2020 meeting -- while we are still in the midst of researching the many issues raised by its 75 page modified BZA application. Would you please advise whether BZA Case No. 20184 is on ANC 5C's agenda for Wednesday, February 19, 2020? And in any event, can we be confident that the FLCA will be heard at your March 18, 2020 meeting and that ANC 5C will not take a vote on the developer's February 5, 2020 modified 75 page BZA application before then? Thank you. Roy Special Counsel, Fort Lincoln Civic Association, Inc. Roy L. Pearson, Jr. 3012 Pineview Court, N.E. Washington, D.C. 20018 (cell) 202/525-8426 (home) 202/269-1191

Roy Pearson <roypearsonjr7@gmail.com> Sun, Feb 16, 2020 at 7:12 PM To: GB <brevardb@aol.com>

Thanks, it does! Roy Roy L. Pearson, Jr. 3012 Pineview Court, N.E. Washington, D.C. 20018 (cell) 202/525-8426 (home) 202/269-1191

Roy Pearson <roypearsonjr7@gmail.com>

BZA Case No. 20184 (Fort Lincoln community)

10 messages

Roy Pearson <roypearsonjr7@gmail.com> Sun, Feb 16, 2020 at 7:01 PM To: 5C02@anc.dc.gov Cc: Megan Toering <megantoering@gmail.com>, "hattie.pierce" <hattie.pierce@yahoo.com>, Catherine Taylor <ctaylor200@verizon.net>, Ann Wicker <awicker748@gmail.com>, Lee Kincaid <clklak@aol.com>, Carmen Dunlap <dunlapcarmen47@gmail.com>, Moyah <mrw812003@yahoo.com>, bnck22@gmail.com, Anthony Hubbard <aahubbard@gmail.com>, Allen Caldwell <allencaldwell008@gmail.com>, Neena B <jamaicanway@gmail.com>, Felicia Brown <feliciabrown1103@gmail.com>, "Sylvanus Bickersteth Jr." <sbick72@gmail.com>, Kelley Bickersteth <fitbick@gmail.com>, Michael Burroughs <Michaels.burroughs05@gmail.com>, DeShaun Wise <deshaun.wise@gmail.com>

Hi Ms. Rogers: I am writing to you in your capacity as Secretary of Advisory Neighborhood Commission 5C. Because the developer who filed BZA Case No. 20184 filed a 75 page major modification of its development proposal with the D.C. Board of Zoning Adjustment on February 5, 2020, on February 12, 2020 the BZA granted the Fort Lincoln Civic Association's ("FLCA's") motion to postpone the February 26, 2020 hearing date on the application until April 1, 2020. The FLCA is researching the newly modified 75 page BZA application and would like to schedule time at ANC 5C's March 18, 2020 meeting to present its reasons why the Commission should reconsider its November 20, 2019 vote on the earlier version of the BZA application and vote to oppose the modified 75 page February 5, 2020 BZA application. However, we want to make sure the developer (Fort Lincoln-Eastern Avenue, LLC) does not beat us to the punch by appearing before ANC 5C at your Wednesday, February 19, 2020 meeting -- while we are still in the midst of researching the many issues raised by its 75 page modified BZA application. Would you please advise whether BZA Case No. 20184 is on ANC 5C's agenda for Wednesday, February 19, 2020? And in any event, can we be confident that the FLCA will be heard at your March 18, 2020 meeting and that ANC 5C will not take a vote on the developer's February 5, 2020 modified 75 page BZA application before then? Thank you. Roy Special Counsel, Fort Lincoln Civic Association, Inc. Roy L. Pearson, Jr. 3012 Pineview Court, N.E. Washington, D.C. 20018 (cell) 202/525-8426 (home) 202/269-1191

Roy Pearson <roypearsonjr7@gmail.com> Tue, Feb 18, 2020 at 9:02 PM To: 5C02@anc.dc.gov, 5C04@anc.dc.gov, Pierre Hines <PierreHinesANC@gmail.com>, Gail Brevard <brevardb@aol.com>, 5C05@anc.dc.gov, 5C06@anc.dc.gov, 5C07@anc.dc.gov Cc: Megan Toering <megantoering@gmail.com>, "hattie.pierce" <hattie.pierce@yahoo.com>, Catherine Taylor

<ctaylor200@verizon.net>, Ann Wicker <awicker748@gmail.com>, Lee Kincaid <clklak@aol.com>, Carmen Dunlap <dunlapcarmen47@gmail.com>, Moyah <mrw812003@yahoo.com>, bnck22@gmail.com, Anthony Hubbard <aahubbard@gmail.com>, Allen Caldwell <allencaldwell008@gmail.com>, Neena B <jamaicanway@gmail.com>, Felicia Brown <feliciabrown1103@gmail.com>, "Sylvanus Bickersteth Jr." <sbick72@gmail.com>, Kelley Bickersteth <fitbick@gmail.com>, Michael Burroughs <Michaels.burroughs05@gmail.com>, DeShaun Wise <deshaun.wise@gmail.com>

Hello Commissioner Rogers: I am following up my email of three days ago, which is below in its entirety, because ANC 5C's February 19, 2020 meeting is tomorrow. And the ANC 5C website, today, has only the word "Pending" next to the word "Agenda," for the February 19, 2020 meeting. The two inquiries I made in my email are extremely time-sensitive: Would you please advise whether BZA Case No. 20184 is on ANC 5C's agenda for Wednesday, February 19, 2020? And in any event, can we be confident that the FLCA will be heard at your March 18, 2020 meeting and that ANC 5C will not take a vote on the developer's February 5, 2020 modified 75 page BZA application before then? Thank you. Roy Special Counsel, Fort Lincoln Civic Association, Inc. Roy L. Pearson, Jr. 3012 Pineview Court, N.E. Washington, D.C. 20018 (cell) 202/525-8426 (home) 202/269-1191 [Quoted text hidden]

Manning, Jacqueline (SMD 5C04) <5C04@anc.dc.gov> Wed, Feb 19, 2020 at 12:00 PM To: Roy Pearson <roypearsonjr7@gmail.com>, "Rogers, Lauren (SMD 5C02)" <5C02@anc.dc.gov>, Pierre Hines <PierreHinesANC@gmail.com>, Gail Brevard <brevardb@aol.com>, "Oliver, Darlene (SMD 5C05)" <5C05@anc.dc.gov>, "Williams, Kirsten (SMD 5C06)" <5C06@anc.dc.gov>, "Montague Jr., Jeremiah (SMD 5C07)" <5C07@anc.dc.gov>, Cellerino Berardino <cbernardino@fortlincolnnewtown.com> Cc: Megan Toering <megantoering@gmail.com>, "hattie.pierce" <hattie.pierce@yahoo.com>, Catherine Taylor <ctaylor200@verizon.net>, Ann Wicker <awicker748@gmail.com>, Lee Kincaid <clklak@aol.com>, Carmen Dunlap <dunlapcarmen47@gmail.com>, Moyah <mrw812003@yahoo.com>, "bnck22@gmail.com" <bnck22@gmail.com>, Anthony Hubbard <aahubbard@gmail.com>, Allen Caldwell <allencaldwell008@gmail.com>, Neena B <jamaicanway@gmail.com>, Felicia Brown <feliciabrown1103@gmail.com>, "Sylvanus Bickersteth Jr." <sbick72@gmail.com>, Kelley Bickersteth <fitbick@gmail.com>, Michael Burroughs <Michaels.burroughs05@gmail.com>, DeShaun Wise <deshaun.wise@gmail.com>

Good morning Mr. Pearson, BZA-20184 is not on the February 19, 2020 agenda.

Commissioner Manning

From: Roy Pearson <roypearsonjr7@gmail.com> Sent: Tuesday, February 18, 2020 9:02 PM To: Rogers, Lauren (SMD 5C02) <5C02@anc.dc.gov>; Manning, Jacqueline (SMD 5C04) <5C04@anc.dc.gov>; Pierre Hines <PierreHinesANC@gmail.com>; Gail Brevard <brevardb@aol.com>; Oliver, Darlene (SMD 5C05) <5C05@anc.dc.gov>; Williams, Kirsten (SMD 5C06) <5C06@anc.dc.gov>; Montague Jr., Jeremiah (SMD 5C07) <5C07@anc.dc.gov> Cc: Megan Toering <megantoering@gmail.com>; hattie.pierce <hattie.pierce@yahoo.com>; Catherine Taylor <ctaylor200@verizon.net>; Ann Wicker <awicker748@gmail.com>; Lee Kincaid <clklak@aol.com>; Carmen Dunlap <dunlapcarmen47@gmail.com>; Moyah <mrw812003@yahoo.com>; bnck22@gmail.com <bnck22@gmail.com>; Anthony Hubbard <aahubbard@gmail.com>; Allen Caldwell <allencaldwell008@gmail.com>; Neena B <jamaicanway@gmail.com>; Felicia Brown <feliciabrown1103@gmail.com>; Sylvanus Bickersteth Jr. <sbick72@gmail.com>; Kelley Bickersteth <fitbick@gmail.com>; Michael Burroughs <Michaels.burroughs05@gmail.com>; DeShaun Wise <deshaun.wise@gmail.com> Subject: Re: BZA Case No. 20184 (Fort Lincoln community) CAUTION: This email originated from outside of the DC Government. Do not click on links or open attachments unless you recognize the sender and know that the content is safe. If you believe that this email is suspicious, please forward to phishing@dc.gov for additional analysis by OCTO Security Operations Center (SOC). [Quoted text hidden]

Roy Pearson <roypearsonjr7@gmail.com> Wed, Feb 19, 2020 at 1:02 PM To: "Manning, Jacqueline (SMD 5C04)" <5C04@anc.dc.gov> Cc: "Rogers, Lauren (SMD 5C02)" <5C02@anc.dc.gov>, Pierre Hines <PierreHinesANC@gmail.com>, Gail Brevard <brevardb@aol.com>, "Oliver, Darlene (SMD 5C05)" <5C05@anc.dc.gov>, "Williams, Kirsten (SMD 5C06)" <5C06@anc.dc.gov>, "Montague Jr., Jeremiah (SMD 5C07)" <5C07@anc.dc.gov>, Cellerino Berardino <cbernardino@fortlincolnnewtown.com>, Megan Toering <megantoering@gmail.com>, "hattie.pierce" <hattie.pierce@yahoo.com>, Catherine Taylor <ctaylor200@verizon.net>, Ann Wicker <awicker748@gmail.com>, Lee Kincaid <clklak@aol.com>, Carmen Dunlap <dunlapcarmen47@gmail.com>, Moyah <mrw812003@yahoo.com>, "bnck22@gmail.com" <bnck22@gmail.com>, Anthony Hubbard <aahubbard@gmail.com>, Allen Caldwell <allencaldwell008@gmail.com>, Neena B <jamaicanway@gmail.com>, Felicia Brown <feliciabrown1103@gmail.com>, "Sylvanus Bickersteth Jr." <sbick72@gmail.com>, Kelley Bickersteth <fitbick@gmail.com>, Michael Burroughs <Michaels.burroughs05@gmail.com>, DeShaun Wise <deshaun.wise@gmail.com>

Thank you, Commissioner Manning. That leaves one request remaining:

"And in any event, can we be confident that the FLCA will be heard at your March 18, 2020 meeting . . .?

Roy

Special Counsel, FLCA [Quoted text hidden]

Manning, Jacqueline (SMD 5C04) <5C04@anc.dc.gov> Wed, Feb 19, 2020 at 2:10 PM To: Roy Pearson <roypearsonjr7@gmail.com> Cc: "Rogers, Lauren (SMD 5C02)" <5C02@anc.dc.gov>, Pierre Hines <PierreHinesANC@gmail.com>, Gail Brevard <brevardb@aol.com>, "Oliver, Darlene (SMD 5C05)" <5C05@anc.dc.gov>, "Williams, Kirsten (SMD 5C06)" <5C06@anc.dc.gov>, "Montague Jr., Jeremiah (SMD 5C07)" <5C07@anc.dc.gov>, Cellerino Berardino <cbernardino@fortlincolnnewtown.com>, Megan Toering <megantoering@gmail.com>, "hattie.pierce" <hattie.pierce@yahoo.com>, Catherine Taylor <ctaylor200@verizon.net>, Ann Wicker <awicker748@gmail.com>, Lee

Kincaid <clklak@aol.com>, Carmen Dunlap <dunlapcarmen47@gmail.com>, Moyah <mrw812003@yahoo.com>, "bnck22@gmail.com" <bnck22@gmail.com>, Anthony Hubbard <aahubbard@gmail.com>, Allen Caldwell <allencaldwell008@gmail.com>, Neena B <jamaicanway@gmail.com>, Felicia Brown <feliciabrown1103@gmail.com>, "Sylvanus Bickersteth Jr." <sbick72@gmail.com>, Kelley Bickersteth <fitbick@gmail.com>, Michael Burroughs <Michaels.burroughs05@gmail.com>, DeShaun Wise <deshaun.wise@gmail.com>

Mr. Pearson, When a proper notification is requested through Commissioner Hines(5C03 ) from the BZA case representative and the president of the Fort Lincoln Civic association. Commissioner Manning

From: Roy Pearson <roypearsonjr7@gmail.com> Sent: Wednesday, February 19, 2020 1:02 PM To: Manning, Jacqueline (SMD 5C04) <5C04@anc.dc.gov> Cc: Rogers, Lauren (SMD 5C02) <5C02@anc.dc.gov>; Pierre Hines <PierreHinesANC@gmail.com>; Gail Brevard <brevardb@aol.com>; Oliver, Darlene (SMD 5C05) <5C05@anc.dc.gov>; Williams, Kirsten (SMD 5C06) <5C06@anc.dc.gov>; Montague Jr., Jeremiah (SMD 5C07) <5C07@anc.dc.gov>; Cellerino Berardino <cbernardino@fortlincolnnewtown.com>; Megan Toering <megantoering@gmail.com>; hattie.pierce <hattie.pierce@yahoo.com>; Catherine Taylor <ctaylor200@verizon.net>; Ann Wicker <awicker748@gmail.com>; Lee Kincaid <clklak@aol.com>; Carmen Dunlap <dunlapcarmen47@gmail.com>; Moyah <mrw812003@yahoo.com>; bnck22@gmail.com <bnck22@gmail.com>; Anthony Hubbard <aahubbard@gmail.com>; Allen Caldwell <allencaldwell008@gmail.com>; Neena B <jamaicanway@gmail.com>; Felicia Brown <feliciabrown1103@gmail.com>; Sylvanus Bickersteth Jr. <sbick72@gmail.com>; Kelley Bickersteth <fitbick@gmail.com>; Michael Burroughs <Michaels.burroughs05@gmail.com>; DeShaun Wise <deshaun.wise@gmail.com> [Quoted text hidden] [Quoted text hidden]

Roy Pearson <roypearsonjr7@gmail.com> Wed, Feb 19, 2020 at 3:56 PM To: "Manning, Jacqueline (SMD 5C04)" <5C04@anc.dc.gov> Cc: "Rogers, Lauren (SMD 5C02)" <5C02@anc.dc.gov>, Pierre Hines <PierreHinesANC@gmail.com>, Gail Brevard <brevardb@aol.com>, "Oliver, Darlene (SMD 5C05)" <5C05@anc.dc.gov>, "Williams, Kirsten (SMD 5C06)" <5C06@anc.dc.gov>, "Montague Jr., Jeremiah (SMD 5C07)" <5C07@anc.dc.gov>, Cellerino Berardino <cbernardino@fortlincolnnewtown.com>, Megan Toering <megantoering@gmail.com>, "hattie.pierce" <hattie.pierce@yahoo.com>, Catherine Taylor <ctaylor200@verizon.net>, Ann Wicker <awicker748@gmail.com>, Lee Kincaid <clklak@aol.com>, Carmen Dunlap <dunlapcarmen47@gmail.com>, Moyah <mrw812003@yahoo.com>, "bnck22@gmail.com" <bnck22@gmail.com>, Anthony Hubbard <aahubbard@gmail.com>, Allen Caldwell <allencaldwell008@gmail.com>, Neena B <jamaicanway@gmail.com>, Felicia Brown <feliciabrown1103@gmail.com>, "Sylvanus Bickersteth Jr." <sbick72@gmail.com>, Kelley Bickersteth <fitbick@gmail.com>, Michael Burroughs <Michaels.burroughs05@gmail.com>, DeShaun Wise <deshaun.wise@gmail.com>

Commissioner Hines:

As the BZA case representative, and on behalf of the FLCA's President, I am asking that you please make that request. And please advise me when it has been granted. Thank you. Roy [Quoted text hidden]

Pierre Hines <pierrehinesanc@gmail.com> Wed, Feb 19, 2020 at 11:33 PM To: Roy Pearson <roypearsonjr7@gmail.com> Cc: 5C04@anc.dc.gov, "jacquemanning8@gmail.com" <jacquemanning8@gmail.com>

Mr. Pearson, Under ANC 5C bylaws, a resident request for ANC action is typically sent to the Commissioner for the Single Member District, and then that Commissioner forwards the request to ANC Chair. As is customary when any matter comes before ANC 5C, it requests background information on the nature of the presentation and the action being requested. For example, developers frequently come before ANC 5C to request a letter of support or some other action, they submit the background information ahead of time, and then members of the community have a chance to respond/comment at the meeting. In this case, it appears we’re in the reverse situation. I will forward your request to participate at the March 18 meeting to the ANC 5C Chair. To do so, could you please provide: (1) a short description of the purpose of the presentation and what action is being requested from ANC 5C; (2) a short written statement (e.g., email, photo of handwritten note) from the Fort Lincoln Civic Association (e.g., the President or other board member permitted to speak for the association) confirming that you are authorized to represent the FLCA before ANC 5C. (3) The week prior to the ANC meeting by March 10, please provide background materials that you plan to present at the meeting so that Commissioners have a chance to review the materials prior to the meeting. For example, it is common for presenters at the ANC 5C meeting to provide PowerPoint slides, designs, summaries, etc. prior to the ANC meeting. Again, you can send the materials to me and then I will forward the materials to the other commissioners. After completion of the first two items, I will submit meeting request and get you an answer—and then you can follow up later on the third item. Because of my recusal, I will not be making any recommendation on whether or not to add the presentation to the meeting agenda. I also will not participate in any ANC deliberations or votes on this matter. The 3 items above are administrative matters. If there’s any issues you have—or any substantive issues that you’d like to address prior to the meeting—I can ask the Chair or another Commissioner to address such matters because of my recusal. Regards, Pierre Hines Commissioner, ANC 5C03 202-556-3481 5C03@anc.dc.gov [Quoted text hidden]

Roy Pearson <roypearsonjr7@gmail.com> Thu, Feb 20, 2020 at 7:42 AM To: Pierre Hines <pierrehinesanc@gmail.com> Cc: "Manning, Jacqueline (SMD 5C04)" <5C04@anc.dc.gov>, "jacquemanning8@gmail.com" <jacquemanning8@gmail.com>, Megan Toering <megantoering@gmail.com>, "hattie.pierce" <hattie.pierce@yahoo.com>, Catherine Taylor <ctaylor200@verizon.net>, Ann Wicker <awicker748@gmail.com>, Lee Kincaid <clklak@aol.com>, Carmen Dunlap <dunlapcarmen47@gmail.com>, Moyah <mrw812003@yahoo.com>, "bnck22@gmail.com" <bnck22@gmail.com>, Anthony Hubbard <aahubbard@gmail.com>, Allen Caldwell <allencaldwell008@gmail.com>, Neena B <jamaicanway@gmail.com>, Felicia Brown <feliciabrown1103@gmail.com>,

"Sylvanus Bickersteth Jr." <sbick72@gmail.com>, Kelley Bickersteth <fitbick@gmail.com>, Michael Burroughs <Michaels.burroughs05@gmail.com>, DeShaun Wise <deshaun.wise@gmail.com>

Commissioner Hines: As you requested, I have attached: (1) a short, but detailed, description of the purpose of the presentation I am prepared to present at ANC 5C's March 18, 2020 meeting, on behalf of the Fort Lincoln Civic Association, Inc. ("FLCA"), including the action I will be requesting from ANC 5C; and (2) the written Resolution of the FLCA authorizing me to represent it in all matters related to BZA Case No. 21890. Additionally, I will provide any background materials that I plan to present at the ANC meeting to you by March 10th. Roy Roy L. Pearson, Jr. 3012 Pineview Court, N.E. Washington, D.C. 20018 (cell) 202/525-8426 (home) 202/269-1191 [Quoted text hidden]

2 attachments

PINEVIEW COURT-ANC 5C PRESENTATION.pdf 108K

PINEVIEW COURT-RESOLUTION (ROY PEARSON).pdf 509K

Manning, Jacqueline (SMD 5C04) <5C04@anc.dc.gov> Mon, Mar 2, 2020 at 8:22 PM To: Roy Pearson <roypearsonjr7@gmail.com> Cc: "Rogers, Lauren (SMD 5C02)" <5C02@anc.dc.gov>, Pierre Hines <PierreHinesANC@gmail.com>, Gail Brevard <brevardb@aol.com>, "Oliver, Darlene (SMD 5C05)" <5C05@anc.dc.gov>, "Williams, Kirsten (SMD 5C06)" <5C06@anc.dc.gov>, "Montague Jr., Jeremiah (SMD 5C07)" <5C07@anc.dc.gov>, Cellerino Berardino <cbernardino@fortlincolnnewtown.com>, Megan Toering <megantoering@gmail.com>, "hattie.pierce" <hattie.pierce@yahoo.com>, Catherine Taylor <ctaylor200@verizon.net>, Ann Wicker <awicker748@gmail.com>, Lee Kincaid <clklak@aol.com>, Carmen Dunlap <dunlapcarmen47@gmail.com>, Moyah <mrw812003@yahoo.com>, "bnck22@gmail.com" <bnck22@gmail.com>, Anthony Hubbard <aahubbard@gmail.com>, Allen Caldwell <allencaldwell008@gmail.com>, Neena B <jamaicanway@gmail.com>, Felicia Brown <feliciabrown1103@gmail.com>, "Sylvanus Bickersteth Jr." <sbick72@gmail.com>, Kelley Bickersteth <fitbick@gmail.com>, Michael Burroughs <Michaels.burroughs05@gmail.com>, DeShaun Wise <deshaun.wise@gmail.com>

Good evening Mr. Pearson, After reviewing your request for you to present at ANC 5C public meeting in March on the behalf of the Fort Lincoln Community, at this your concerns are procedural under the Board of Zoning Adjustment and not the Advisory Neighborhood Commission.

According you will not be added to March agenda. sincerely, Commissioner Manning

From: Roy Pearson <roypearsonjr7@gmail.com> Sent: Wednesday, February 19, 2020 3:56 PM [Quoted text hidden] [Quoted text hidden]

Roy Pearson <roypearsonjr7@gmail.com> Mon, Mar 2, 2020 at 10:00 PM To: "Manning, Jacqueline (SMD 5C04)" <5C04@anc.dc.gov> Cc: "Rogers, Lauren (SMD 5C02)" <5C02@anc.dc.gov>, Pierre Hines <PierreHinesANC@gmail.com>, Gail Brevard <brevardb@aol.com>, "Oliver, Darlene (SMD 5C05)" <5C05@anc.dc.gov>, "Williams, Kirsten (SMD 5C06)" <5C06@anc.dc.gov>, "Montague Jr., Jeremiah (SMD 5C07)" <5C07@anc.dc.gov>, Cellerino Berardino <cbernardino@fortlincolnnewtown.com>, Megan Toering <megantoering@gmail.com>, "hattie.pierce" <hattie.pierce@yahoo.com>, Catherine Taylor <ctaylor200@verizon.net>, Ann Wicker <awicker748@gmail.com>, Lee Kincaid <clklak@aol.com>, Carmen Dunlap <dunlapcarmen47@gmail.com>, Moyah <mrw812003@yahoo.com>, "bnck22@gmail.com" <bnck22@gmail.com>, Anthony Hubbard <aahubbard@gmail.com>, Allen Caldwell <allencaldwell008@gmail.com>, Neena B <jamaicanway@gmail.com>, Felicia Brown <feliciabrown1103@gmail.com>, "Sylvanus Bickersteth Jr." <sbick72@gmail.com>, Kelley Bickersteth <fitbick@gmail.com>, Michael Burroughs <Michaels.burroughs05@gmail.com>, DeShaun Wise <deshaun.wise@gmail.com>

Good evening Commissioner Manning: Thank you for your response to the written request of the Fort Lincoln Civic Association ("FLCA") to be given an opportunity to explain why ANC 5C should: (1) reconsider its November 20, 2019 decision to support the special exception zoning relief requested by a developer in Fort Lincoln and (2) permit the FLCA (for the first time) to explain why ANC 5C should, instead, vote in opposition to the developer's request for special exception zoning relief. In your email this evening you state that the FLCA's reasons for its requests are "procedural", and therefore should be directed to the D,C. Board of Zoning Adjustment and not to ANC 5C. I was not aware that somewhere in the ANC 5C's by-laws there is a prohibition on ANC 5C considering "procedural" reasons why ANC 5C should reconsider a vote it took without notice to the affected community, or that somewhere in your bylaws ANC 5C is barred from providing the affected community with an opportunity to demonstrate why ANC 5C should reverse a vote it took without notice to the affected community. Could you direct me to that section of ANC 5C's bylaws? In your November 20, 2019 letter explaining ANC 5C's vote you wrote that the developer's zoning application only requests a "minor modification" of an earlier zoning application. (See Attachment to this email.) So I am not clear on why the FLCA will not be given an opportunity to show that the developer's zoning application does not request a "minor modification" of an earlier zoning application. And I am also not clear on why, if the developer's request to ANC 5C was not "procedural," why the FLCA's request to rebut that same thing (after, for the first time learning of it) would be

"procedural"? Isn't what is fair for the developer, fair for the Fort Lincoln community? We would appreciate your clarification and reconsideration of these puzzling matters. Thank you, Roy Pearson Special Counsel, FLCA, Inc. Roy L. Pearson, Jr. 3012 Pineview Court, N.E. Washington, D.C. 20018 (cell) 202/525-8426 (home) 202/269-1191 [Quoted text hidden]

BZA-ANC 5C RECOMMENDATION (NOV. 20, 2019).pdf 473K