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129 HIGHLAND AVENUE - BUILDING INSPECTION /a-9 Mod _ ve. t; e/1� T�am�tG+�LCtwor.�.G� ��l DevalL Patrick - Governor - -Thomas G.Gatzunis,P.E. JQif�j- Afera - Commissioner - Timothy P.Murray �i - Lieutenant Governor - ✓¢tL e1/-�L/-O06d Thomas P.Hopkins - - Director Mary Elizabeth Heffernan / Secretary TO: Local Building Inspector Independent Living Center Local Commission on Disability Complainant FROM: Architectural Access Board RE: Burba Dental 129 Highland Ave Salem DATE: 4/16/2010 Enclosed please find a copy of the following material regarding the above location: Application for Variance Decision of the Board _Notice of Hearing Correspondence Letter of Meeting. Stipulated Order First Notice Second Notice 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 would assist the Board in this case, you may call this office, or you may submit your comments in writing to the above address. Thank you for your assistance. i Deval L.Patrick - Govemcr ��J// �y yp y t� Thomas G.Gatzunis,P.E. �JLlJ1 a-!L/-ema Commissioner Timothy P.Murray �y y Lieutenant Governor �� �j/ /-066 Thomas P.Hopkins, Director Mary EOzabeth Heffernan secretary April 16, 2010 Burba Dental Partners Docket Number C 10 060 129 Highland Ave Salem, MA 01970 RE: Burba Dental .129 Highland Ave Salem Dear Sir/Madam: Upon information received by the Architectural Access Board, the facility referenced above has been reported to violate M.G.L.c. 22, § 13A and the Rules and Regulations (CMR.521) promulgated thereunder. Reported violations, include the following items: Section: Reported violation: 23.1 Any person who has lawful control of improved or enclosed private property, used as an off-street parking area for businesses, auditoriums, sporting or recreational facilities, or cultural centers, where the public has the right of access as invitees or licensees, shall cause such parking area to conform to these Regulations if the parking area has 15 or more parking spaces. The complainant reports that no handicapped parking is provided. 24.2.1 The maximum slope of a ramp shall be 1:12 (8:3%), measured between any two points on the ramp. (There, is no tolerance allowed on slope) The complainant reports that the slope of the ramp exceeds 1:12. A building permit#1116 was issued on 9/28/1987 for a new entryway: The jurisdiction for the slope of the ramp (1987 521 CMR Section 25.2) and handrails (1987 521 CMR Section 24.5.2) is the 1987 Regulations. The current regulation listed is equivalent to the 1987 regulations regarding ramps. 24.5 Handrails shall be provided along both sides of ramp segments. The complainant provided the Board with a photograph showing that railing are only provided on one side of the ramp. Copy attached. Under Massachusetts law, the Board is authorized to take legal action against violators of it's regulations, including but: not limited to, an application for a court order preventing the further use of an offending facility. The Board also has the authority to impose fines of up to$1,000.00 per day, per violation;for willful noncompliance with its regulations. You are requested to notify, this Board, in writing, of the steps you have taken or plan to.take to comply with the curreAt regulations: Please note the current sections may be different from the sections that are cited above.. Unless the Board receives such notification within 14 days of receipt of this letter, it will take necessary legal action to enforce its _ regulations.as set forth above. If you have any questions, you may contact this office. Sind cc: Local DiBuildinglyInspector.. Local Disability Commission Donald Lang GGJ. �. Independent Living Center Chairperson h"..._`_ Sv P.+. 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'�— o Y .:Aij a..,. s",e sF1A,s rcr "'E,q {� • iv„auK3+rlr il' dw.,yy . n...+.. _ � tµp.- e3' Yi ,..,. a + �dk;.zf tv"' 1 r � w.Erw�rr n x Yr ak1Yd`F } S I ys:' � � a,��� y •fiY �` tau f .� � _ - � - �o r u, s- r 9 }}gg �tt. A��� r`k}�� r ✓ �'� { v}. .. xY b + Itvd+a 6-t\ �:;{ t., i � .s. r 5 �1`i _ e t ~.. '� 1h V •} .. ¢ % N � 1. ` >a w � h PATRICK J. DONOVAN ASSOCIATES, INC. claim and Xoss Adjustments P. O. BOX 110 WAKEFIELD, MA 01880 TEL. (781) 245-5540 -- FAX (781) 245.7016 September 22, 1999 Building Commissioner City or Town Hall Salem, MA 01970 Insured : City of Salem School Department Property Address : 129 Highland Avenue Salem, MA 01970 Insurer : Safety Insurance Claim Number : 112084903 Type of Loss : Fence Damage Date of Loss : 9/11/99 Our File # : WAP30072 Claim has been made involving loss, damage or destruction of the above-captioned property, which may either exceed $1,000 or cause Mass. Gen. Laws, Chapter 143, Section 6, to be applicable. If any notice under Mass. Gen. Laws, Chapter 139, Section 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned Insured, location, policy number, date of loss and file number. On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail. . , 6gA-Z� S�' <'" Christopher I Shea Adjuster ASSOCIATION OF INDEPENDENT INSURANCR ADJUSTERS A$$OCIAigH �° of Massachusetts IIf '�ttjem, (4 �TT5Et18 Richard T. McIntosh 1 Salem Green 745-0213 Dr. Stanley Burba Re: Physical Therapy 129 Highland Ave. 129 Highland Ave. Salem, Ma I inspected the premises indicated above and certify that they may be occupied for the use of a physical therapy office. The requirements of the Building Code and Zoning Ordinance have been met. Richard T. McIntosh Inspector of Buildings Zoning Enforcement g' CITY OF SALEM, MASSACHUSETTS in «. BUILDING DEPARTMENT fs s 120 WASHINGTON STREET,3" FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER April 1, 2010 Department of Public Safety Architectural Access Board One Ashburton P1ace,Room 1310 Boston Ma. 02108-1618 Att. Mark Dempsey- Compliance Officer R.E Dockett# C 10 060 Dear Mark, I have enclosed a copy of the "Field Card"which shows permits issued from Construction to the year 2000. After that, the permits are in Geo-TMS system. The two permits issued from 2000 forward are included.I have highlighted the dollar amounts on the permits. If further information is needed, let me know. Thopas St.Piehk-�s rrre(�b Building Commissioner/Director of Inspectional Services s� cybr Salem Historical Commission CITY HALL, SALEM, MASS. 01870 May 10, 1984 Dr. Jan B. Rozen Dr. Arnold 1. Maloff 129 Highland Avenue Salem, MA 01970 Dear Doctors Rozen and Maloff: As you know, Salem's Building Inspector, Dick McIntosh, in reviewing plans for your building at 2 Winter Street expressed some concern about the proposed design for the new entrance on the left front set-back section. In our capacity as advisors on matters of historic architecture 4n the .city,-Mr: McIntosh referred the matter to the Salem Historical -- Commission with the hope that our commission might be of assistance to you in your renovation plans. The Commission is always enthusiastic about a new owner who is anxious to make investments in the maintenance and continued usefulness of Salem's historic buildings, and we commend your interest in a building of this historic quality. As you know, its location as the entrance to the Salem Common area is strategic, and it immediately sets the tone and welcomes resident and visitor alike to this outstanding neighborhood of historic properties. The Commission is, as you undoubtedly are as well, most concerned that its historic integrity be preserved as it converts to new uses. In this regard and in reviewing the revised plans dated 2/15/84, the Commission feels this design still poses some difficulties in terms of its overall impact on the fine Italianate architecture of the building. In order to prov-ide some assistance to you so that we can perhaps work together for the overall benefit of your offices and the City of Salem, I would like to invite you and your architects to meet with me and a representative of our Commission to discuss this matter. I would be happy to arrange a meeting as soon as possible at your convenience and look forward to hearing from you. I can be reached at 745-2879. Very truly yours, �p EY zabeth B. Wheaton Chairman f EBW/jp cc: Richard McIntosh Inspector of Buildings tl xyla Deval L.Patrick Governor ��iJ/ - Thomas G.Gatzunis,P.E. Commissioner Timothy P.Murray - - - Lieutenant Governor - e7- 617->2�0665 Thomas P.Hopkins - - Director Mary Elizabeth Heffernan - Secretary _ !.(1flJf.If.fh6dd0?f - TO: Local Building Inspector Independent Living Center Local Commission on Disability Complainant FROM: Architectural Access Board RE: Burba Dental 129 Highland Ave I Salem DATE: 5/7/2010 Enclosed please find a copy of the following material regarding the above location: Application for Variance Decision of the Board _Notice of Hearing Correspondence _Letter of Meeting Stipulated Order _First Notice Second Notice 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 would assist the Board in this case, you may call this office, or you may submit your comments in writing to the above address: Thank you for your assistance. 07-1 W OyXyla u Oeul L.Patrick,.:a.:. Governor �tJl/ _ Thomas G.Gatzunis,P.E. .�J'1LOfLPi /_ Commissioner 7imothy'P.Murray �" y�y Lieutenant Governor - e/¢CD 6� O66J - Thomas P.Hopkins .Mary Elizabeth Heffernan � - - '- Director Secretary CIlClff4.fnO.dd�LOTt STIPULATED ORDER ORDER Docket No. C 10 060 RE: Burbd Dental, 129 Highland Ave , Salem A complaint was filed with the Architectural Access Board regarding alleged violations of its Rules and. Regulations with respect to the above premises. By letter of April 28, 2010 Stanley J. Burba Owner, stated: We are in the process of obtaining a contractor that will be able to address the issues raised and accomplish the task in a reasonable time frame. Our guess would be approximately 60-90 days depending on,availability. The Board is requiring that you submit a dimensional plan stamped by a registered architect that shows the compliant resolution by June 1, 2010. The Board accepts your timeline of 90 days to make the corrections to both the ramp and the handicapped parking. The Board adopts this plan as it's own order, with compliance to be achieved by August 1, 2010 You are required.to notify this office, in writing, within five (5) days of the completion date, indicating whether or not the above work has been completed. You are required to include Photographs showing that the work has been 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 adjudicatory hearing form. If after 30 days, a request for an adjudicatory hearing is not received, the above decision becomes a final order and the appeal process is through Superior Court. Date: May 7, 2010 ARCHITECTURAL ACCESS BOARD c cc: Complainant Local Building Inspector Disability Commission Chairperson . 96�. Independent Living Center I The Commonwealth of Massachusetts Department of Public Safety ,,umber Architectural Access Board One Ashburton P1ace,'Room 1810 (osaca Use Only) Boston Massachusetts 02108-1618 Phone: 617-727-0660 Fax: 617-727-0665 _ 1vWW.mass.gov/dps REQUEST FOR ADJUDICATORY HEARING RE: Name'and address of building as appearing on application for variance h do hereby request that the Architectural Access Board conduct an informal Adjudicatory Hearing in accordance with the provisions of 801 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. Rev, 01/10 C, 1{ill^ y V » A '11 a r-t-Ct HV c J.VON"iI r l� li u1u .�L April 28, 2010. 129 Highland Ave Salem, MA 01970 jT o RE: Docket#C10 - 060 Burba Dental Partners APR 2 9 2010 129 Highland Ave R Salem MA 01970 '-- ATTN: Mr. Mark Dempsey Received from your department correspondence indicating non-compliance with handicapped access at Burba Dental. Issues referred to by your department are being addressed by Burba Dental with guidance from City of Salem building Inspectors office,Mr. Thomas McGrath. When the building inspector issued permits in 1987, no issues were made by his department as to compliance with handicapped access. The original plans called for two step entrance into the foyer. However, the contractor at the time suggested a ramp entrance with no intention of this being handicapped. If the Salem Building Department at the time suggested handicapped compliance, then at the time a simple correction in height etc. would have been made. In 1987, the parking space available to patrons visiting our office was approximately 12 parking spaces. Therefore, no signs were needed to save parking for handicapped. At the present time due to traffic on and at the corner of Wilson St make access to the front parking lot difficult. Therefore, most people use the rear entrance into the property. We are in the process of obtaining a contractor that will be able to address the issues raised and accomplish the task in a reasonable time frame. Our guess would be approximately 60-90 days depending on availability. o Sincerely, Stanley J. Burba Chan,ing lives oile sni le ata time 129 Ttigihland Ave. Salem, Ma. 01970 WW .Nithadental.com Tel. (978) 744-7575 Fax (978) 744-85:'