217-221 DERBY STREET - BUILDING JACKET 4
' 217-221 DERBY.STREET
4
Michael S. Dukakis
Governor
Deborah A. Ryan
Executive Director
QPimIO/G, . MPdi1/JG'IIJ0"ION
(617) 727-0660.,:/_
DECISION —
RE: Eastern Bank, 217-221 Essex Street, Salem
1 . An application for variance was filed with the Board by The
President, Eastern Bank, Salem. (Applicant) on December 8, 1988.
The applicant had requested variances from the following Sections
of the 1982 Rules and Regulations of the Board.
Section: 27.3 relating to the door width i _7n m
35.3 & 35.4 relating to the elevator door width an> jg,a=
size
28.3 & 28.4 relating to the handrail height and wM
29.1 relating to the ramp on the second floor ?:m ;, m
30.1 relating to toilet rooms
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2. The hearing was held on Monday, January 23, 1989.
3. The following persons appeared:
Ken Felter and Daniel Cameron, Goodwin, Procter & Hoar
Stan Lukowski and Paul Oliveira, Eastern-Savings Bank
Steve Spinetto, Eisenberg Associates
4. FINDINGS AND DECISION:
The Board, having considered the evidence, hereby finds and decides
as follows:
The Eastern Bank occupies a three-story structure built in 1900, and
a connected five-story structure built in 1873. The buildings are
located in Salem's Historic District. The building occupies 100% of
the site, and there is no on-site parking. The sole occupant of both
buildings is Eastern bank's administrative and consumer functions.
There are no banking floors in the buildings, although there are some
consumer services such as Safe Deposit Boxes, and a Commercial
Loan Department. The entire fourth floor of 221 Essex Street has
been renovated and the elevator in 221 Essex Street has been
automated.
The petitioner is seeking variances to Section 27.3 relating to Door
width, Section 35.3-35.4 Elevator door width/cab size, Section
28.3-28.4 relating to Handrail height and width, Section 29.1
relating to the ramp on the second floor and Section 30.1 relating to
Toilet rooms.
The petitioner addressed the Sections as follows:
Section 27.3 - Door widths
There are three doorways to the building from Essex Street. The two
entries that service the first floor are accessible. the entry that
lealds only to the stair to the second floor is locked and marked as
an emergency exit only and is not considered a primary entrance.
The petitioner stated that signage will be placed at the inaccessible
entrance indicating the location of the accessible entry. The
petitioner stated that the primary entry door at #217 has an
existing maximum clearance of 33 inches on each of its double
doors. The petitioner is seeking a variance due to the fact that the
deviation from the code is one inch. The Board requires that at least
one door of a pair of doors shall have a minimum width of thirty-six
(36) inches, or shall provide a minimum clear opening of not less
than thirty-four (34) inches, measured at ninety (90) degrees.
After listening to the testimony and reviewing the
material submitted, the Board voted to GRANT a variance to
Section 27.3 to the Door width, for the reason that it is a
one inch deviation from the Board's code and is usable by a
person in a wheelchair. Appropriate signage must be
posted at the inaccessible entry indicating the location of
the accessible entrance.
Section 35.3 & 35.4 - Elevator door width and cab size.
The petitioner stated that the existing elevator door is only 2'-0"
(24) inches wide and the cab is 4'-10" (58) inches by 3'-4" (40)
inches. The elevator is not usable by a person in a wheelchair.
However, when the cab was renovated from a manually controlled
elevator to automatic elevator all the controls were installed to
meet the Board's Code. The Board's Regulations call for doors in
constructed or reconstructed buildings to provide a clear opening of
at least 36" in width, and in buildings having alterations performed
a clear opening of at least thirty-two inches in width. The car size
required by the REgulations is 54" wide x 54" deep. The petitioner
stated that to build a new elevator in the same location as the
existing elevator would necessitate moving the existing main
stairway in #225 from its present location. This would mean that
for approximately nine months during the construction, the building
would have no principal means of egress. For that period of time,
the entire building above the first floor could not be occupied. There
would be an additional cost to move the bank's personnel and
operations during this period. Also, a new stairway would have to be
built to meet the current Building Code. The petitioner stated that
alternative sites for the elevator had been looked at, but because the
building occupies 100% of the site, all alternative elevator locations
must be internal to the building. All other locations would also
necessitate the closing of the bank. The petitioner stated that Mr.
Richard Hilker, Creative Lifts, was consulted about the possibility
of using an incline lift to provide access. Mr. Hilcker stated that due
to the condition of the existing stairs a Garaventa Lift (or any other
lift) cannot negotiate the set(s) of stairs from the first floor to the
second floor landings, as it can turn in only one direction and must
have space for the platform at the bottom of the landing. The
petitioner stated that because it it impossible to bring the elevator
to code without shutting down the operations of the Bank, all
banking functions that are available to the public will be available
on the first floor. Two private rooms will be available for use and
will be equipped with data and communications equipment that will
allow all of the banking functions to be conducted from these rooms.
the Bank is also planning to purchase TDD machines for their hearing
impaired employees.
After listening to the testimony and reviewing the plans,
the Board voted as follows:
72-7- o C6c�
GRANT a variance to Section 35.4 to the Elevator door size
and Section 35.4 to the Elevator cab size, with the
following conditions:
1. The Bank provide two private accessible rooms on the
first floor, one in each building, equipped with data
communications equipment to allow all banking functions
to be conducted from these rooms.
2. All Community Meetings, if any are held, must be held
on the first floor.
-4w�73. A letter be submitted to the Board from Creative Lifts ' `
stating that the design of the stairs prohibits the use of a
Garaventa or any other lift'. --
4. All work must be completed and in compliance by ALril g+�
1 , 1989.
Section 28.3 & 28.4 - Handrail height and width
The petitioner stated that the existing stairway handrails in the
building do not meet the Code. The main stairway has handrails on
only one side from the elevator lobby to the second floor, and the
existing handrails are wrong in size and location. From the second
floor up, the existing stair rail height is 28" inches and the handrail
width is three inches. The petitioner stated that handrails will be
installed in places where they do not exist and others modified to
meet the Code where possible.
The variance is being sought for the inside handrail on the main stair
from the second floor to the fourth for the stair rail height and the
handrail width.
The Board asked the petitioner if he had a section through of the
handrail, so that the Board could see how. wide it is? The petitioner
answered no, but said he could provide the Board with same. The
Board voted to take this Section under advisement to allow the
petitioner time to submit, by January 30, 1989, a section of the
handrail from the stair tread up to show the dimensions.
\FEBRUARY 6. 1989
On February 6, 1989, the Board reviewed the handrail section
submitted which was requested at the hearing held on January 23,
1989, and voted as follows:
DENY the variance request to Section 28.3 and Section 28.4
relating to handrail width and height, for the reason that
the handrail does not meet the Board's Regulations.
Section 29.1 - Ramp on the second floor
The petitioner stated that the entry into the lunchroom on the
second floor from the "Master Card Processing Area" has three
risers. The floors of the existing buildings are not on the same level
on the second floor, and a ramp in this location would take up almost
all of the lunchroom. The variance is also being sought because the
petitioner applied for a variance for access to the second floor.
After listening to the testimony, the Board voted to GRANT
a variance to Section 29.1 to a ramp on the second floor
with the following conditions:
1. The stairs be brought into full compliance with Section
28 of the Board's Regulations with respect to Handrails set
on both sides of stairs, the elimination of abrupt
projection of tread nosings, etc.
2. All work completed and in compliance by April 1, 1989.
Section 30.1 - Public toilet rooms
The petitioner stated that the existing toilet rooms from the second
floor up, (except for the fourth floor) are not accessible, as there is
no wheelchair access above the first floor. Also, the toilet rooms
are for employees only. The petitioner stated that an accessible
private lavatory will be provided on the first floor.
The Board inquired as to who would be using the toilet rooms on the
upper floors? The petitioner stated that they would be used by the
employees only. The Board noted that if the toilet rooms are
strictly "employee only" toilet rooms, accessible toilet rooms are
not required. The Board did ask if the petitioner would be amenable
to making the bathrooms semi-ambulatory accessible. the
petitioner was amenable to this.
After listening to the testimony, the Board voted as
follows :
1. A fully accessible toilet room be provided on the first
floor.
2. A variance to Section 30.1, Public toilet rooms is not
required, if the toilet rooms on the upper floors are for
employees only. N
The Board did request that the bathrooms on the upper
I l
floors be made semi-ambulatory accessible by providing lug'
grab bars, etc.
3. All work must be completed and in compliance by April,(" g9
1, 1989.
This constitutes a final order of the Architectural Access Board
entered pursuant to G.L. c. 30A. Any aggrieved person may appeal q S
this decision to the Superior Court of the Commonwealth of Q��
Massachusetts pursuant to Section 14 of G.L. c. 30A. Any appeal
must be filed in court no later than thirty (30) days of receipt of
this decision.
Dated: �/% � `I ARCHITECTURAL ACCESS BOARD
Cze_ _'
Gerald LeBldnc, Chairman
cc: Local Building Inspector
Local Handicapped Commission
Independent Living Center
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Michael S: Dukakis �� e� n
Governor 011re,S�L/GuxCon elate - 900ix 1310
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Charles V Barry --
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TO : LOCAL BUILDING INSPECTOR
MASSACHUSETTS INDEPENDENT LIVING PROGRAM
LOCAL HANDICAPPED COMMISSION
FROM : DEBORAH RYAN . ARCHITECTURAL ACCESS BOARD
SUBJECT : �1
DATE : --L? ZZ-`V.99-
Enclosed please find the following material regarding the
above premises :
__— Application for Variance Decision of Board
_Notice of Hearing Correspondence
-----Letter of Meeting
The purpose of this memo is to inquire as to whether or not
your office has any input on the application filed with -
respect to the above project . Also , to make you aware that
a hearing has been or will be held on the matter .
If you have any information that you feel would assist the
Board in making a decision on this case , could you please
advise this office as soon as possible . You may call the
office at ( 617 ) 727-0660 or submit a letter of
recommendations and/or comments .
Thank you for your interest in this matter .
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Mmichael S. Dukakis O 1p
Governor e�7./1� °�/ -
Deborah A. Ryan � r�d3d0 � ��
Executive Director 6
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VARIANCE HEARING NOTICE
RE: Eastern Bank & Trust, 217-221 Essex St., Salem
You are hereby notified that an informal adjudicatory hearing before the Architectural
Access Board will be held on Monday, January 23, 1989 at 1 :45 p.m. in Room 1310,
One Ashburton Place,Boston,MA
This hearing is upon an application made by Robert H. Smedly under the provisions of
G.L., c. 22, Section 13A, for modification of or substitution for the following Rules and
Regulations of the Board as specified in said application: Sections: 27.3, door width,
35.3 & 4, elevator door width/cab size, 28.3 & 4, handrail height. & width, 29.1 , ramp
on 2nd floor, and 30.1, toilet rooms of the 1982 Regulations. A copy of said application
is available for public inspection during regular business hours.
This hearing will be conducted in accordance with the procedures set forth in M.G.L., c.
30A, and S. 1 .02 of the Standard Rules of Practice and Procedure. At the hearing, each
party may be represented by counsel, may present evidence and may cross examine
opposingwitnesses.
The Board requires architectural drawings and photographs of the areas you are
requesting variances for. When making your presentation; it is advisable that any
visual material, (i.e. photos, etc) be mounted and visible from 10 feet.
Date: December 14, 1988 ARCHITECTURAL ACCESS BOARD
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CHAIRMAN
Peerless Insurance
Nationale Nederlanden North America
Property and Casualty Group
NOTICE OF CANCELLATION
F_
December 5 88
TO: City of Salem . . . . . . . . . . . . . . . . . . . .19. . . ..
City Hall
Salem MA 01970
L ,
13th April77
Effective on or about the . . . . . . . . . . . . . .day of. . . . . . . . . . . . . . . . . . . . . . .19. . . . . . .
the Peerless Insurance Company, issued Bond No. . . . . s, 7§. 66. 39. . . . . . . . . . . . . . in
behalf of. . . Naumkeap Trust Company. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
running in favor of. . . . . ,CitX,of ,sal�m„ . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the amount of t . . . .1;000;00, , , , , , , , , , , , for. ,a.Sipn.Permit,Bond, , ,, , , , , , , ,
It is our desire to terminate this bond and we hereby give notice that the lia-
bility of the Peerless Insurance Company on this bond shall cease on . . .. . . . . .
April 13, 1989.
. . . . . . . . . . .
Peerless Insurance Compa
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Douglas Le torney-TK-- .act. -,
CC: Holyoke of Salem Ins
73 10 242 MASS
PSB-303
340- 012 ( 7 / 88 )
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MichaelS. Dukakis One ..S�e/�+tet oz lace - A,6m 1310
Governor
Charles V. Barry Boa n, A�- 0210s
Secretary (677> 727-0660
December 2, 1987
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Mr. Richard Perry70
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Soep Associates, Inc.
280 Lincoln Street O —
Allston, MA 02134n
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RE: Naumkeag Trust, Salem ==
Dear Mr. Perry: ---r
On Monday, November 2, 1987 a hearing was held in behalf of the above project.
At that hearing, your application for variance was withdrawn by you, without
predjudice. The Board voted to accept your withdrawal and required the
following:
1. The building owner/architect, do a comprehensive review of the building and
submit all necesary request for variances.
2. A feasibility study from Beckwith Elevator company whichshows alternative
locations for an elevator and the associated costs.
3. Options of providing full accessibility and the costs associated with
economic infeasibility.
4. Copies of all building permits issued to the property within the last two
years.
5. A copy of the most recent assessment of the building.
Once the Board receives all the above information, a hearing will be scheduled
for you to appear to discuss the case in more detail.
Sincerely yours,
r
Deborah A. Ryan
Administrative As istant
cc: Building Department, Salem
CON (9itV of �$nlrni,
usjetts
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Public Property Peparttueut
�Nuillbiuq ]Ipparttltrnt
One *nlem (6reen
7d5-0213
William H. Munroe
Director of Public Property Maurice M. Martineau, Asst Inspector
Inspector of Buildings Edgar J. Paquin, Asst Inspector
Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp.
December 9, 1987
Commonwealth of Mass
Executive office of Public Safety
Architectural Access Board
One Ashburton Place , Room 1310
Boston,MA 02108
Attn: Debbie Ryan
RE: Naumkeag Trust, Salem
Dear Ms. Ryan,
Enclosed are Permit Applications for last two years and a copy of
the latest assement of Naumkeag Trust Building 217-225 Essex St . , Salem,MA.
Sincerely,
JamesD. Santo
Assistant Building Inspector
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KEVIN T. DALY LEONARD F. FE MING
ASSISTANT CITY SOLICITOR T�� �— 'x? ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET 93 WASHINGTON STREET
AND CITY OF SALEM - MASSACHUSETTS AND
ONE CHURCH STREET ONE SCHOOL STREET
MICHAEL E. O'B RIEN
SALEM. MA 01970 BEVERLY, MA 01915
745-4311 CITY SOLICITOR 745-4311
745-0500 93 WASHINGTON STREET 921-1990
AND
PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET
SALEM. MA 01970
745-4311
744.3363
PLEASE REPLY TO 81 WASHINGTON STREET
December 7, 1987
co
William H. Munroe r>
Building Inspector
City of Salem
One Salem Green
Salem, MA 01970 Cno
Dear Mr. Munroe:
It has been brought to my attention that the fourth floor of the
former Naumkeag Trust Company building has been denied an occupancy
permit due to the fact that the existing elevator does not conform to
State handicapped access requirements. It is my understanding that the
owners of the building have applied for a waiver from the Architectural
Access Barriers Board, but there is a delay in obtaining a hearing date.
I am of the opinion that the integrity of the City's inspectional
services will not be comprimised, if the owners are given a temporary
occupancy permit with the provision it will be revoked upon a failure to
obtain the necessary waiver or waivers.
V rul-y'your
i
Michael E. O'Brien
• City Solicitor
J962
MEMBER B.T.E.A, 438-3121
BOARD OF CONSULARS NO 5-3396
LICENSED BUILDERS WELLS. MAINE. MI 6-2356
EARLE L. HYI DMAN9 INC.
BUILDING CONSTRUCTION
272 MAIN STREET STONEHAM 80, MASS:
April 15, 1968
Inspector of Buildings Office
93 Washington Street
Salem, Mass.
Att: Mr. O'Brien Re: Naumkeag Trust Co.
ok
Dear Mr. O'Brien:
Enclosed is a copy of the plan we spoke about for
your files of the new balconies and stairs connecting to the
existing fire escapes on the rear of the Naumkeag Trust Co.
building. These new balconies and stairs will conform with
the regulations -which call for two ways of egress out of any
offices or any other places of business occupancy.
Very truly yours,
Earle L. Hyndman, Inc.
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4 CNNDATE DRAWING NO.
Eastern Bank
May 24, 1984
Capt. David J. Goggin
Salem Fire Department
Fire Prevention Bureau
48 Lafayette Street
Salem, MA 01970
Dear Captain Goggin:
Re:-r21-7=221 Essex Street, Salem, Ma.
`'-New-Fire-Protection-System
Confirming-your conversations with Paul Oliveira of this bank, Eastern
rsavings Bank_willl commit to the following:
1 . Install a new fire alarm system for the areas
under current renovation and complete the re=
mainder of the building by May 1985.
2. Install a 4" Stand Pipe for 221 Essex Street
by May 1986.
I appreciate the time you have taken with Paul and with Tony Magliozzi
of Soep Associates on this subject. Thank you for your cooperation in
this matter. Please feel free to contact Paul Oliveira or myself should
you have any questions.
Sinc sly yRurs,
Stanley J. Lukowski
President
SJL/mek MAY '1984APPROVED
RECEIVE® Subject to approval by any other
SALEM FIRE DEPT, authority having jurisdiction.
SALEM, MPSS.U.
CITE P 0 U
REA(U
BY
PLANAREAPP EDcLMAY 19
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TYPL AND LOC)Ti^'l
270 Union Street Lynn, Mos ochuselts 01901 Telephone (617) 5992100 OR 7450006
Richard T. PlcIntosh
One Salem Green
August 18, 1982
Wilder Manley Assoc,
221. Derby Street
Salem, Massachusetts 01970
Dear Sir:
Please forward to this office a list of all tenants of
Pickering Wharf.
Thank you for your cooperation in this matter,
• t_V.er�y truly yours,
Michael J. Dennedy �141151
Assistant Building Inspector
MJD:bms
cc: file
•