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5 BARTON SQUARE - BUILDING JACKET 5 BARTON SQUARE • No 153E �'4N NASTMOS. NN 1 The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1.800.828-7222 ANE SWIFT Voice and TDD JFax: (617) 727-0665 LANE SWIFT www.state.me.us/aab DEBORAH A. RYAN EXECUTIVE DIRECTOR Barton Square Realty Trust 27 Congress Street P.O. Box 986 Salem, MA 01970 COMPLAINT DISMISSAL RE: Salem Housing Authority, 5 Barton Square, Salem On 11/18/99 you filed a complaint with this office regarding the above premises. After reviewing all the information submitted, the Board must dismiss your complaint for the following reason: No work has been performed that triggers the formula of the Board's Regulations under Section 3. The Board is forwarding the materials that you have provided to this office, to the Office of the Attorney General ,for further consideration or action. (Complaint # 99 - 197) 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: February 17, 2000 ARCHITECTURAL ACCESS BOARD f ,. ChairWrson cc: Local Building Inspector Independent Living Center Disability Commission elf The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 j Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI GOVERNOR (617) 727-0660 1-800-828-7222 JANE SWIFT Voice and TDD LT. GOVERNOR Fax: (617) 727.0665 DEBORAH A. RYAN EXECUTIVE DIRECTOR REQUEST FOR ADJUDICATORY HEARING 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 801 CMR Rule 1.02 et. seq. as I am aggrieved by the decision of the Board with respect to Sections 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. Signature PLEASE PRINT NAME Address City or Town Tel.Number NOTE: This form must be received by the Board within thirty(30) days after receipt of the Notice of Action. C� Ca9- lq7 BARTON REALTY TRUST P.O. BOX 986 SALEM, MA 01970 (978) 744-0556 November 16, 1999 Thomas Hopkins, Compliance Officer The Commonwealth of Massachusetts Architectural Access Board One Ashburton Place, Room 1310 Boston, MA 02108-1618 Dear Mr. Hopkins: Attached please find a complaint form and supporting documentation regarding the Salem Housing Authority's long, continued denial of Barton Realty Trust's request to make the second floor of the building available to handicapped people by permitting elevator access. The building is a four-story condominium, the first and second floors of which are owned by Barton Realty Trust, and the third and fourth floors by the Salem Housing Authority. The first and second floor are leased to commercial tenants, and the third . and fourth floors to apartment dwellers. An elevator currently runs from the first floor, bypasses the second floor and stops at floors three and four. Barton has approached the Salem Housing Authority and has submitted plans to the Salem Housing Authority to permit the modification of the elevator so that it will stop on the second floor. This would provide handicap accessibility to the employees and the customers of the business renters on the second floor. All costs for this proposed modification would be paid by Barton. Exhaustive studies have established that the existing elevator is the only possible means to provide handicap access to the second floor of the building. As you can see from the attached documents, we have taken every reasonable measure to address the security issue raised by the Housing Authority, which is the reason the Housing Authority has given to deny access to this elevator. It is our opinion, however, that this is a flimsy excuse, especially in light of the fact that the security measures we have proposed will, in fact, increase the overall security of the property. November 16, 1999 Page 2 As a result of the Housing Authority's uncooperative attitude concerning this matter, we urge this Agency to use whatever resources it deems necessary to enable handicapped clients and employees of our tenants access to the second floor. If you have any questions, please contact me. Sincerely, BARTON REALTY TRUST Thon4zfs . Ken Manager of Marketing and Leasing TJK/dr Enclosures The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place Room 1310 Boston, Massachusetts 02108-1618 ARGEO PAUL CELLUM Go.e DEBORAH A.RYAN Exec tlw D"ca GENERAL BUILDING COMPLAINT FORM PLEASE BE ADVISED THAT THIS FORM IS A MATTER OF PUBLIC RECORD AND WILL BE DISCLOSED UPON REQUEST. 1. What is the name and address of building believed to be in violation of the Rules and Regulations of this Board: Name: Salem Housing Authority . Address: 1 Barton Square City(rown: Salem,MA 2. What is the use of the building (please check one or more)? _Retail Establishment Transient Lodging Facility _j_Multiple Dwelling X Commercial Building _Educational Facility _Medical Care Facility _Place of Assembly _Detention Facility _House of worship _Restaurant _Transportation Terminal _Recreational Facility 3. Does it appear that the building was recently constructed or renovated? No 4. What date were you most recently at the building?: 11/8/99 How many floors?: 4 5. Please check the appropriate section(s) of the Board's regulations that you believe is being violated, then describe each section as specifically as possible in the space below. Please note that section numbers are from the 1996 Regulations and the section numbers with parenthesis are from the 1982 Regulations. The section numbers are listed below for your reference. (please use additional sheets if necessary): Sections (1982 Reos.) _24 (25) Ramps 25 (26) Entrances 26 (27) Doors 27 (28) Stairs X 28 (35) Elevators 29 '(29) Floors 30 (30) Toilets 31 (—) Bathing _32 (33) Kitchens _33 (—) Dressing _34 (—) Storage _35 (—) Tables _36 (36) Fountains _38 (--) ATM's _39 (38) Controls _40 (—) Alarms _41 (39) Signage The Salem Housing Authority has refused to grant elevator access to the commerical tenants located on the 2nd floor of the building. (See Attached documents for further information. NOTE: Separate forms are available for complaints on Curb Cuts, Handicap Parking Spaces, Public Telephones and Housing. Please call the office and request one or more forms. OPTIONAL INFORMATION The following information is optional, and your complaint will be processed regardless of whether or not the information is provided. However, you should be aware that the less information that is provided, the longer it will take this office to process your complaint. a. Name and address of building owner or manager. Salem Housing Authority 27 Charter Street Salem RSA b. The Board only considers complaints with respect to buildings which are: 1.) constructed by the state, city or town, and construction, reconstruction, alteration or remodeling occurred after December of 1968; or 2.) privately financed buildings that are open to or used by the public and construction, reconstruction, alteration or remodeling occurred after June 10, 1975. The following information may be obtained by contacting the local building department DATE BUILDING PERMIT(S) WAS ISSUED: N/A ESTIMATE COST(S) OF CONSTRUCTION: N/A c. The assessed value of the building will determine the extent that a building must comply. You may obtain the assessed value of the building by contacting the local assessor's office: ASSESSED VALUE OF THE BUILDING AT TIME PERMIT WAS ISSUED: 6. Name and address of person/organization filing this complaint: Barton Square Realty Trust 27 Congress Street Salem MA TEL: (978)744-0556 (if organization is filing, please provide the Board with the name of a contact person) 7. Signature (required)_--r �X�`� Thomasf,6J Managing Agent NOV 8 ::�'=11 �' 'I The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828.7222 JANE SWIFT Voice and TDD LT. GOVERNOR Fax: (617) 727-0665 DEBORAH A. RYAN EXECUTIVE DIRECTOR TO: Assessor FROM: Thomas P. Hopkins, Compliance Officer RF. Salem Housing Authority ------- Barton Square Salem DATE: November 18, 1999 REQUEST FOR ASSESSED VALUE The Architectural Access Board would like to obtain a copy of 100% equalized assessed value of the building regarding the above referenced premises. The Board will use the assessed value to investigate a complaint that was filed with this office. You may use the space below or attach additional comments. Please return this memo with the assessed value within fourteen (14) days of receipt. Thank you for your assistance. ADDITIONAL COMMENTS: FSK (.)vt,l Assessor's name (Please print) Signalure t� The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 -� Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727.0660 GOVERNOR 1-800-828-7222 . Voice and TDD JANE SWIFT Fax:. (617) 727.0665 LT. GOVERNOR DEBORAH A. RYAN EXECUTIVE DIRECTOR TO: Assessor FROM: Thomas P. Hopkins, Compliance Officer RE: Salem Housing Authority 1 Barton Square Salem DATE: November 18, 1999 REQUEST FOR ASSESSED VALUE The Architectural Access Board would like to obtain a copy of 100% equalized assessed value of the building regarding the above referenced premises. The Board will use the assessed value to investigate a complaint that was filed with this office. You may use the space below or attach additional comments. Please return this memo with the assessed value within fourteen (14) days of receipt. Thank you for your assistance. ADDITIONAL COMMENTS: Assessor's name (Please print) Signature t� �5 eooK]Q15 v.poo 0005 ARTON $BWRc _U2_J LAND DATA. —__—TYPE: AREA: 0003 PAGE'153 OwNEq qLc HOUSING AUTHORITY spE WOE .._§ _ n_I ._.802 YEAR 1982 NAME S1g : 0013847 - :ORDOODE Lli.':_j92g n 27 CHARTER STREET FRONTAGE - 80.00 AND MaHD m 509 sT,No. 270 ADD SALEM MA 01970 050 ZONE 85 PCL 31 D.LL 16 W PRIOR ONEfl: MULT-ZONE PROPERTY CHARACTERISTICS RENTAL DATA-APTS: Sv BASEMENT: MISC. BLDG/IMPR: NO s OR UN PROPERTY DATA: GLC LAND VAL YR BUILT TOT AREA WATER 01ST O %LOC AW AE - TPE-1 ON flEM LAND COURTN FlN AREA S.F.-1 NO]SR UN - %PHYS AOI- RACE L.S. __ COST IND USE O LUMP SUM UN PR-1 ON RENT' INDICATOR _� %THIS USE NET LAND RCN-1 NOR N ON DINER WC SUMMARY LS.: cpxo PLUMBING: x omd ux gexT COST: 3 FIXTOPOGRAPHY: Mgs VALUE m MTXS pCLN0.1 NO t an UN So t gl%aAMR NO SEWER ER TWE-Z UN RENT SOLESCENCE: Ex w.c. STEEP INT _ 9.i.d NO EFF ON E;LNKS __ STEEP REMITiQ VN PA-2 UN PENT Y URINALS RCN-2 FLOOp PL PL9 !MARY STRUCTURE: OTHER No OFF ON OCGNWEVv HTAC %Dm¢ UN RENT OCEANFRONT CANOPY .5 L.S. RCLN-2 RENTAL DATA-Cil: INCOME SUMMARYIT HEATING-A.C.: TYPEd LOAD OX MOFFlCE UNITS AEA TOTAL VALUE UTTYPE SPAINK UKP ECO RENTAL iGM Nfl CONp - LAND VALUE ELEV UN Rd i RETAIL UNITS JITIONS: FUEL TYPE - IMPR VALUCOST RCN TOTAL RCH.I ECO RENAL MISC COST HER Lg_ %pm, __ SS67OO DEPRECIATION ANMD UNITS CONDOMINIUM DATA: OBS Fre sl SPECIAL FEATURES: ROLM" ECO RENTAL %cowrQlyy7"o000000 ACT-NDTOTALCANOPY TYPE TYPEd A wAEHSE UNITS UNIT W COPY MEA SF.< ECO RENTAL -- 2 MISC DUIMP S2 FLOOR NO 3 I gCLND A IMP LOAD DOCK TYPE � ON MR-4 •OTHER UNITS TIM RO LpgD COCK MEA _ AGgd ECO RENAL —_ MISC COST 55700 SPUNK TYPE %DEPd —_ "POSURE NEf IMPR y3 •PARKING$P NO ROOMS SPRINK ppEA RL,Ww —_ LCF% ECO RENTAL UNIT TYPE MARKETTANG ,Mp" EISV NO - S.F.-B INCOME St EXP DATA: NO PARK$P ' EIEV TYPE S.F.3 MARKET IMPR IETER REIT(GLC) COST IND (f EIEV GP UN PRd �— TOTAL COST VAL ALA RENT(OVflO) RaTE VALUATION SUMMARY' L3. IND RLNd REM OTTO) 11546— ' ERIOR: - UNIT SO FT 1 1 S LN C PREJ,"NO ANNUAL DATA: %DERS RENT Rom 503000 PAEV IMP � ^I VALDE CHNO O RCNL0.3 �_ UNIT LS 5 3,OO Q RENT f2 AgM PILED IYPEd _ LS.IND 1 PRFV SALE OgTE Q RENT(IND) UAn NRNG HELD __ MISC LS, PREY SALE PRICE TYPE S.F.d REM(WRHSE) CORDO COST 508000 PREY SALE TYPE ADOq CHNO UN PRd REM LOTH) APPRAISERS COMMENTS: SALE DATE 12013[ DATA STATUS: ACxd POTGRwL 3RD & 4TH FLOORS SALE PRICE 1013000 A 0 %Omd VAC/cou Loss,%) 'ELDERLY HOUSING SALE TYPE RIOR: C 0 RCNLOa MISC INC EXEMPT C O LS:1 --- MCO iMKTVAL. EFF GR INC D O LS-2 �— INCOME VALUE • E O MISC EXPENSE%NIDR —_ CORR VALUE J O S OO O F O COSI 556706— GP/Oaq -- FlHAL VALUE 509J00 DING PERMIT DATA: 1 LD. F 6 CODE 091696 z 3 NEW OWNER: q 531 OWNER AL 95000 NAME iE A ADD. 'RE -100 'i TE 080497 PROPERTY DESCRIPTION: . BARTON REALTY TRUST P.O. BOX 986 SALEM, MA 01970 (978) 744-0556 September 24, 1999 Donald Marrassa, Chairman Board of Directors Salem Housing Authority 27 Charter Street Salem, MA 01970 Dear Chairman Marrassa, First and foremost, thank you for the time and consideration you and the other Board Members extended to me during your meeting on Tuesday July 27, 1999 . Subsequent to this meeting, I had the opportunity to meet with Board Members, Mr. Stirgwolt and Mr . Jalbert, at the Barton Square property to review the existing conditions as well as to discuss various options for providing handicap access via the elevator to the second floor. As matters now stand, it is my understanding that the Authority' s sole issue of .concern is that the present level of security of the Authority' s residential tenants not be diminished by the proposed elevator access to the second floor. With this in mind, we have commissioned our architect to once again prepare a drawing which shows how access to the second floor will be provided, inclusive of the security measures which will be taken to restrict access to the third and fourth floors . In conjunction with the notations on the attached drawing, we propose the following security measures for your consideration . 1 . Visitor access will be controlled by means of an intercom system. One unit will be installed for each of the second floor tenants . Once a visitor rings the intercom, an employee from the Company will be required to escort the visitor both in and out o ' the building . - . The ground floor entrance door to the stairway locked at all times, and access will only be b . c:ear.s of a key system which is controlled exclusivet �. Salem Housing Authgcity . :c hallway door- second oor un second floor to the stairwai will also be locker:: . door will be alarmed as shown on the diagram, _har it will only be used in tile event of an emerge:: " . September 24, 1999 Page 2 The above measures will provide handicap access to the second floor of the building without diminishing the security of the Authority' s residential tenants . Everything necessary to provide the access will be done without cost to the Authority, and at the sole cost of Barton Realty Trust . We would also point out that the security system as it exists leaves much to be, desired, particularly in that if unauthorized, and criminally disposed persons, gain entry to the elevator lobby, through the ground level front door, as they quite easily could, they would have complete access to the third and fourth floor tenants, via the elevator . We suggest, although it is not a requirement on our part, that key-only elevator access be installed, so that the elevator can be used only by persons with a key to it . If this security enhancement idea is of interest, Barton would assume the cost of the modification to the elevator to add this security feature . Frankly, it is inconceivable to us, and others with whom we have conferred, including the . Independent Living Center and the City of Salem Commission on Disabilities, that an authority dedicated to the public good would not welcome an opportunity to provide access to an area of a building, over which they have control, to provide for the accommodation of handicapped and disabled people . We look forward to the Authority' s approval of our proposal, but we would be remiss if we did not mention that should approval not be forthcoming, as a matter of principle, we will utilize whatever resources are available to us to accomplish the goal . Sincerely, BARTON_ RREEALT` TRUST Thomas J. KeC� Manager of Ma_-�:e7 i:..; and Leasing TJK/dr cc : Mayor S:-an '_e 1,:, vicz Mary Margare[ .' r; r Executive [I_ rector Independer:t Center Jac1; Ha m ,;, ._ _ �.; of Salem, Commission on Disabilities INDEPENDENT LIVING CENTER of the North Shore and Cape Ann, Inc . 27 CONGRESS STREET, SUITE 107 • SALEM, MA 01970 (978) 741-0077 v/TTY • (978) 741-1133 FAX SERVING: July 26, 1999 Beverly Carol McGowan, President Board of Directors . Danvers Salem Housing Authority Essex 27n Charter Street Salem, MA 01970 Gloucester Hamilton Dear Carol McGowan, Ipswich It has come to the attention of the Independent Living Center of the North Shore Lynn and Cape. Ann, Inc. that Barton Realty Trust is attempting to make their property at 140 Washington Street, Salem, MA more accessible. Lynnfield Manchester Barton Realty Trust owns two condominium businesses on the second floor of 140 By-The-Sea Washington Street. The Salem Housing Authority owns floors three and four. An elevator currently runs from the first floor, bypasses the second floor and stops at Marblehead floors three and four. The Barton Realty has approached the Salem Housing Nahant Authority and has submitted plans to the Salem Housing Authority to permit the modification of the elevator so that it will stop on the second floor. This would Peabody provide accessibility to the employees and the customers of the Barton Realty Trust Rockport business renters on the second floor. It is the ILCNSCA understanding that all costs for this proposed modification would be paid by the Barton Realty Trust. Rowley Salem The ILCNSCA is the regional disability rights and community accessibility monitor for the North Shore and Cape Ann. We urge the Salem Housing Authority, City of Saugus Salem, HUD and any other parties to meet with the Barton Realty Trust and Swampscott determine an acceptable strategy to increase accessibility at 140 Washington Street, Salem. Topsfield Wenham Please let the ILCNSCA know of the next steps to be taken by the Salem Housing Authority in this matter. Thank you for your attention to this letter. Yours truly, Mary Margaret Moore, Executive Director CC Barton Realty Trust; City of Salem, Attention: Mayor Usovi¢; File "Of IR (-,RFATFST NFFfn AC 1-11 INA and PrlNlnx K Tur cnrcnnee TO nl IPcl Io ni IF, nor , +c" ,F,NCONDI7T�O - :< CITY OF SALEM, MASSACHUSETTS COMMISSION ON DISABRJTIES SARAH G. SMITH JACK HARRIS CO-CHAIRPERSONJACK July 23, 1999 Salem Housing Authority Board of Directors Charter Street Salem, MA 01970 Ladies and Gentleman of the Board: We are writing in response to an issue at your Washington Street property brought to our attention by Mr. Thomas Kent. As we understand, the issue is the access to two businesses on the second floor of this location. We also understand access via the elevator is being sought on behalf of potential consumers and possible employees of these business who might be disabled. We are of the understanding the Board's primary concern is security to the third and fourth floors where residents of the Salem Housing Authority reside. We have been assured by Mr. Kent that he is willing, to the best of his ability, to meet any and all security questions the Housing Authority might have as well as any other issues that might be hindering access to the elevator. The Commission supports the efforts of'Mr. Kent to gain access for the disabled. We acknowledge the need to maintain security to the rest of the building. However, we feel Mr. Kent will be able to provide that security. We believe that both parties can meet all issues to both parties' satisfaction. We hope that you will agree and enter into negotiations with Mr. Kent regarding this issue. If the Commission can be of any assistance, please do not hesitate to contact us. Sincerely, Jack Harris SALEM CITY HALL • 93 WASHINGTON STREET SALEM.MA 01970 508/745-9595 EXT.220 FAX 508/744-1279 TTY 508/744.4115 )ZTrPItt hII1T8TTIg AufflIIl'Tfu Charter Street = c A lem, MA 01970-3699 % DOMINIC R. MARRAFFA,Chairman t (�— STEPHEN ZISSON,Vice Chairman W•� ROBERT J.JALBERT.Second Vice Chairman I. (978) 744-4431 4pQ g *'� WILLIAM J. FARRELL.Treasurer %(978) 744-9614 GARY STIRGWOLT,Asst.Treasurer D/Voice CAROL A. MACGOWN, Executive Director,Secretary June 8, 1999 JON Barton Realty Trust Thomas J. Kent /f Manager of Marketing and Leasing P.O. Box 986 ,Salem, Ma 01970 Re: Handicap Access %�. Dear Thomas, With reference to your letter dated May 4, 1999 requesting that the Authority allow you access to our elevator located at 5 Barton Square, please note the following: The Board of Directors met in Special Session on May 18, 1999 to review your submittal and discuss your proposal. After a lengthy discussion it was voted unanimously that the Board decline your request as they feel the plan inadequately addressed the safety of our residents. Should you decide to continue to pursue this matter, please send all correspondence to my attention and I will be more than happy to present it to my Board. 4Siy, MacGowne Director BARTON REALTY TRUST P.O. BOX 986 SALEM, MA 01970 (978) 744-0556 May 4, 1999 Carol A. MacGown Executive Director Salem Housing Authority 27 Charter Street Salem, MA 01970 Re : Handicap Access Americans with Disabilities Act Compliance Dear Carol, Pursuant to the Board of Director' s request for a drawing showing the proposed handicap access to the elevator, attached please find a drawing showing the proposed location and the corresponding modifications to the existing common area . In response to the issue of maintaining a secure environment for the tenants on the 3'd and 4`" floors, we propose to utilize the same type of intercom system for our tenants on the second floor as the Salem Housing Authority utilizes to provide access to individuals visiting residents . It is our intention that our tenants would have key access to the lobby identical to the system used by your residents in order to access the elevator . Any visitors would use the intercom system to announce their presence to our tenants, at which point the tenant will buzz in the visitor . Since we will be providing the identical program to control access as is utilized by the housing authority, this should address the Board' s concern regarding maintaining the integrity of the tenants ' security. May 9, 1999 Page 2 As we stated on several occasions, both verbally and in writing, the primary reason for requesting access to the elevator is to meet the requirements of the Americans With Disabilities Act and make the building handicap accessible . ,,It is our hope the Board will look favorably on our request, and more importantly, recognize their duty and seize this opportunity to provide handicap accessibility for those individuals whose rights the ADA legislation endeavor to protect . Should you or the Board require any additional information, please contact me. Sincerely BARTON REALTY TRUST ThomasJ.Kent Manager of Marketing and Leasing TJK/dr cc: Mayor Usovicz "• ECEI VEp NOV 2 3m. 1998 COPY FOR YOUR INFORMATION CITY OF SALEM, MASSACHUSETTS STANLEY J. USOVICZ. JR. MAYOR Y November 19, 1998 Ms. Elayne M. Hart Executive Director Salem Housing Authority 27 Charter Street Salem, MA 01970 Dear Elayne: I have been requested by Barton Realty to ask the Salem Housing Authority to consider the shared use of the elevator at 5 Barton Square (140 Washington Street). Any efforts on the part of the SHA to cooperate in this matter would be appreciated. Sincerely, Stanley J. Usovicz, Jr. Mayor SJU/jp SALEM CITY HALL 93 WASHINGTON STREET SALEM, MASSACHUSETTS 01970-3592• 978/745-9595 -FAX 9781744 9327