ARCH. ACCESS BOARD DECISION 01/2019 CHARLES D.BAKER Commonwealth of Massachusetts JOHN C. CHAPMAN
GOVERNOR UNDERSECRETARY OF
ONSUMER AFFAIRS AND
Division of Professional Licensure C USINESS REGULATION
KARYN E. POLITO Office Of Public Safety and Inspections CHARLES BORSTEL
LIEUTENANT GOVERNOR Architectural Access Board COMMISSIONER,DIVISION OF
PROFESSIONAL LICENSURE
JAY ASH
1 Ashburton Place, Rm 1310 • Boston • Massachusetts • 02108 THOMAS HOPKINS
ECONOMIC DEVELOPMENT V: 617-727-0660 • www.mass.gov/aab • Fax: 617-979-5459 EXECUTIVE DIRECTOR
TO: Local Building Inspector Docket Number V 18 398
Local Disability Commission
Independent Living Center
FROM: ARCHITECTURAL ACCESS BOARD
RE: Residential Building
94 Washington Square East
Salem
Date: 1/10/2019
Enclosed please find the following material regarding he above location:
Application for Variance Decision of the Board
Notice of Hearing Correspondence
Letter of Meeting
The purpose of this memo is to advise you of action taken or to be taken by
this Board. If you have any information which may assist the Board in reaching
a decision in this case, you may call this office or you may submit comments in
writing.
CHARLES D. BAKER Commonwealth Of Massachusetts JOHN C. APMAN
GOVERNOR UNDERSECRREETARY AOF
N
Division of Professional Licensure CONSUMER
BUSINESS REGULATION
KARYN E. POLITO Office Of Public Safety and Inspections CHARLES BORSTEL
LIEUTENANT GOVERNOR Architectural Access Board COMMISSIONER,DIVISION OF
PROFESSIONAL LICENSURE
JAY ASH 1 Ashburton Place, Rm 1310 • Boston • Massachusetts • 02108 THOMAS HOPKINS
SECRETARY OF HOUSING AND
ECONOMIC DEVELOPMENT V: 617-727-0660 • www.mass.gov/aab mass. ov/aab • Fax: 617-979-5459 EXECUTIVE DIRECTOR
Docket Number V 18 398
NOTICE OF ACTION
RE: Residential Building, 94 Washington Square East Salem
1. A request for a variance was filed with the Board by Doug Anderson (Applicant) on December 20,2018
The applicant has requested variances from the following sections of the 06 Rules and Regulations of the Board:
Section: Description.
20.1 PeTi iot t ner seeks relief from having an accessible route to the 2nd and 3rd floors of the existing
building.
27.2 Petitioner seeks relief for the main stair case
27.4.1
27.4.3
27.4.4
27.4.5
2. The submittal was reviewed by the Board as an incoming case on Mpnday, January 7, 2019
3. After reviewing all materials submitted to the Board, the Board voted as follows:
GRANT: the variance to Sections 20.1 as proposed in the application submitted, for the reason that impracticability
(see definitions of impracticability in Section 5 of 521 CMR) has been proven in this case. As the basement and first
floor, floor plates align and the basement and first floor will be fully accessible, the Board is willing to accept that there
will not be access to the second and third floors.
GRANT: the variances to Sections 27.2, 27.4.1, 27.4.3, 27.4.4 and 27.4.5 as proposed in the application submitted,
for the reason that impracticability(see definitions of impracticability in Section 5 of 521 CMR) has been proven in this
case on the condition of a 521 CMR compliant wall side handrail.
The issue of 25.1 will be taken up at the 1/28/2019 meeting as it was referenced incorrectly on the Application for
Variance as section 28.1.
PLEASE NOTE.•All documentation (written and visual) verifying that the conditions of the variance
have been met must be submitted to the AAB Office as soon as the required work is completed.
Any person aggrieved by the above decision may request an adjudicatory hearing before the Board within 30 days of
receipt of this decision by filing the attached request for an adjudicatory hearing. If after 30 days, a request for an
adjudicatory hearing is not received, the above decision becomes a final decision and the appeal process is through
Superior Court.
Date: January 10, 2019
• Local Disability Commission �������
cc. ty Chairperson
Local Building Inspector ARCHITECTURAL ACCESS BOARD
Independent Living Center
CHARLES A. BAKER JOHN C.CHAPMAN
GOVERNOR Commonwealth of Massachusetts UNDERSECRETARY OF
RS AND.
Division of Professional Licensure CUSINESRAFF`UATION
KARYN E.POUTO BUSINESS REGULAnoN
LIEUTENANT GOVERNOR Office of'Pubiic.Safety and Inspections CHARLES sORSTEL
/►
,] COMMISSIONER,DIVISION OF
JAYASH ArG[, /�itectural Access-Board PROFESSIONAL L.ICENSURE
SECRETARY OF HOUSING AND
ECONOMICDEVELOPMENT. 1 Ashburton Place, Rm 1310 • Boston • Massachusetts • 02108
JNS
V: 617-727-0660 • www.mass. ov/d I/aab • Fax: 617-727-06Q5 THOMAS HmdToR
g P EXECUTIVE DIRECTOR
Docket Number:
= (Staff Use Only)
REQUEST FOR ADJUDICATORY.SEARING
RE:
Name and address of building as appearing on application for variance
I, , do hereby request that the Architectural Access Board
conduct an informal Adjudicatory Hearing in accordance with the provisions of 8Q1 CMR Rule 1.02 et
seq. as I am aggrieved by the decision of the Board with respect to Section(s)
of the Rules and Regulations of the Architectural Access Board, 521 CMR .
I understand that I'may request such a hearing within thirty(30) days of receipt of the Notice of Action.
Date:
Signature
PLEASE PRINT:
Name
Address
City/Town State. Zip Code
E-mail
Telephone
PLEASE NOTE:
This-form must be received by the Board'within:thirty(30) days after receipt of the Notice of Action.