Immediate release: Thursday, Dec. 9, 2021
Contact: Nick DelleDonne
delledonne.n@comcast.net , 703 929 6656
Emergency Motion to Stay Construction at Masonic Temple
The proposed development at the Masonic Temple at 16th & S Streets, NW, reached a new juncture Tuesday, Dec. 7, as the Dupont East Civic Action Association (DECAA) filed an emergency motion to stay construction. The motion was filed with the Board of Zoning Adjustment (BZA) after the Department of Consumer and Regulatory Affairs (DCRA) issued a construction permit. Until now, the Masons had only an excavation permit and have dug a hole 44 feet deep to accommodate two levels of garage and a two levels of subterranean luxury apartments, which are unheard of in DC and outlawed in New York City. The Masons and developer Perseus have 7 days to reply.
Funded by Eagle Bank, Perseus continues work at the site even though the BZA has not yet determined whether the subdivision of the lot violates zoning regulations; and even while DECAA's appeal of the building permit is pending before BZA. A hearing is not scheduled until February 23.
“The rear yard created by the subdivision is without any doubt a non-conforming rear yard in violation of zoning regulations,” said DECAA attorney Ed Hanlon, “because it contains a massive 11-foot-high stone wall (shown here).” Zoning regulations prohibit a structure more than 4 feet high (other than a fence, a retaining wall or stairs) in a rear yard. Perseus claims the 11-foot granite wall is a fence.
Perseus is rapidly proceeding with construction in an obvious attempt to build as much of the apartment building as fast as possible before the hearing in February in order to present BZA with a fait accompli.
“A stay of construction is necessary to preserve the status quo and BZA's ability to award meaningful relief, if it upholds our appeal and finds the subdivision and building permit invalid,” Hanlon said.
