32A-255(1) (3) d
r
INSTRUCTION TO FILE APPEALS
Page 2
Note: Once the appeal is filed whether with the State or local board of appeals
— there is a stay of all proceedings until a decision is reached by the
appeals board.
In the case of a contractor with a building under construction, this means
that he can continue to build even though the Building Official may have
issued an order requiring another means of egress, 'foz example, (the reason
for the appeal) but at his own risk.
4. The appeals board will schedule a hearing, usually within 30 days of receipt of
the above—cited documents and filing fee and is required under Section 126.3.4 =..
of the Code to give at least 10 days notice, of the hearing. In order to expe-
. dice matters in an urgent matter a waiver of the 10—day notice should be obtained
in writing from the Building Official.
S.-- The appeals board normally renders a written decision within 30 days_following
r the hearing.
p.
,
IV
YaA*
STATE BUILDING. COD/E APPEALS BOARD
McCormack State office Building
One Ashburton Place - Room 1301
Boston, Massachusetts 02108
Telephone 727-3200
INSTRUCTION TO FILE APPEALS WITH THE STATE BUILDING
CODE APPEALS BOARD
Cited below are the steps that one should follow in filing a building code appeal:
1. First, an appellant must receive a letter of denial from the local Building
Official as required under Section 114.1 ,of the State Building Code. The
appellant has 45 days from the date of the letter of denial 'tc file an appeal
either with the local appeals board, if there is one available, or directly
with the State Building Code Appeals Board.
2. The appellant or his representative -then completes "w forms - the appeal 'form
and the j&ryjce notice - which are available from this office or from local
building departments (6 copies of each should be completed.)
The appeal form is pretty self-explanatory; however, some individuals have a
prob4em in completing the service notice, which is notice to the Building
Official that an appeal is being filed. It should include the date appearing
on the appeal form;, the name and address of the Building Official under 'Per
son/Agency Served"$ the "Method of Service" .should list one of the following
procedures as contained in Section 121.2.1 of the Code -
a. Personally; or
b. Registered or Certified Mail, return receipt .requested; or
c. By any person authorized to serve civil process; and
the "Date of Service," should show the actual date a copy of the appeal form`ie ` ,
given or mailed to the Building Official. x
The appellant or his representative signs the form, and it is then notarized.
(Six copies of this form are required.)
3. The on in sf- g •�Ce notice nd a coo 'of l form are then mailed'
or delivered to the Building Official; and the }gBl�lus�3 copies of the
apDeal form, 4 cop3ts� of ;be g,e_vice notice, 4 copies of„ a letter of denial '.
and, ,, check Qz// fling fee), payable to the
Commonwealth of Massachusetts"
are forwarded td�f the appellant decides to appeal directly to the State
Table No. 1
Summary of Height Restrictions
Hotel Northampton
Example Construction Sprinkler Occupancy Height Allowable
Type Protection Limit
Situation?
1 2A Yes A-3 6st/85ft Yes
2 3C Yes A-3 3st/50ft No
3 4B Yes A-3 2st/40ft No
Note: The extended building will be 6 stories and 75
feet in height.
Table No. 2
Summary of Area Restrictions
Hotel Northampton;
Example Construction Sprinkler Occupancy Area Allowable
Type Protection Limit*
Situation?
1 2A Yes A-3 47, 880sf Yes
2 3C Yes A-3 15, 120sf Yes
3 4B Yes A-3 7,560sf No
Note: The extended building will have an area of approximately
10,000 sf.
* Assumes a six story building for which the allowable area
must be reduced in accordance with MSBC Table 305.4. Also
assumes 75% of the perimeter of the building is accessible
under the- criteria of MSBC Section 306.2. This latter condition
justifies a 100% increase in the allowable area.
Hotel Northampton - 5 - June 8, 1989=
* There is a high probability that the
automatic sprinkler system to be installed
throughout the building will limit fire
size, intensity and duration in the build-
ing sections of Type 3C and 4A construction
to levels which do not threaten the enlarged
section of Type 2A construction.
Hotel Northampton - 4 - June 8 , 1985
practically impossible to provide a fire wall separations m
between the different the sections of the building.
Some other considerations which support granting of
this variance are as follows:
* The one story porches and receiving dock
would, by themselves, be permitted to be
of Type 4B construction.
* The three story Annex would, by itself, be
permitted to be of Type 3C construction if
provided with sprinklers.
* The level of fire safety will increase sig-
nificantly as a result of installation of
sprinklers in the entire building.
* The installation of sprinklers will
compensate for some non-complying existing
conditions including exits stairs which
discharge through grade floor use spaces and
unenclosed stairs which connect the basement,
first and second floors.
Conclusions
The existing Hotel Northampton is of mixed construction
including Construction Types 2A, 3C and 4B and of mixed use
including Use Groups R-1 and A-3. Areas of the building
classified in other use groups (A-2, M and B) are considered
incidental to the main uses.
Expansion of the building by addition of a partial
sixth story and a separate five story addition is not permitted
by the MSBC because the combined height and area of the
existing building plus additions would exceed the height and
area allowed for a new building of the same occupancy and
construction type.
The additions should be acceptable for the following
reasons:
* The additions, together with the section
of the building to which they will be
attached, will comply with the applicable
height and area restrictions.
Hotel Northampton - 3 - June 8, 1989
area restrictions, the building must be treated by the
requirements related to the lowest form of construction. In
this case, the lowest form of construction is Type 4B,
unprotected wood frame, construction.
Planned Additions
One addition to the building is planned to provide a
sixth floor on the main hotel . This new story would be used for
hotel guest rooms and a hot tub room. This addition would raise
the height of the building from the present height of 65 feet
to a new height of 75 feet and increase the number of stories
from five to six. .
A second addition consisting of a basement and 5
stories above grade is planned on the northwest side of the
building. This addition will contain storage, retail , office,
guest room and recreation (pool) uses. The storage, retail ,
office and pool areas will all be incidental or accessory uses
to the main, residential , use of the building.
The building area of the extended building will be
approximately 10,000 square feet, the area of the largest
single floor.
The proposed additions would be of Type 2A
construction. It is planned to provide complete automatic
sprinkler protection in the existing and new portions of the
complex.
Tables No. 1 and 2 summarize height and area
calculations respectively for this building for the most
restrictive occupancy (A-3, Assembly - Restaurant) and assuming
sprinkler protection is provided.
Tables No. 1 and 2 demonstrate that the expanded Hotel
would be in technical violation of the height and area
limitations of the code for an A-3 assembly occupancy for
either Type 3C or Type 4B constructon. It would be in
compliance with the height limitations if constructed of Type
2A construction.
Discussion
-- The height and area violations could be corrected if
the portions of the complex of Types 3C and 4B construction
could be isolated by fire walls from the Type 2A portion of the
complex to which the additions are to be made. However, it is
Hotel Northampton - 2 - June 8 , 1989- ,,; ` ` -
Exhibit No. 1
Appeal Application
Hotel Northampton, Northampton, MA
This exhibit will summarize the technical details
involved in the issues of height and area limitations imposed
on the Hotel Northhampton by the Fourth Edition of the
Massachusetts State Building Code (MSBC) . These issues arise
because of plans to add an additional story on top of the main
building as well as a five story and basement addition to the
northwest of the main building. These additions are considered
necessary by the owner to insure the continued economic
viability of the facility.
Existing Conditions
The building is presently occupied by Use Group R-1
(Residential/Hotel) , Use Group A-3 (Restaurant) , and Use Group
B (Business) occupancies. It also contains Use Group A-2 (Night
Club) and Use Group M (Mercantile) spaces which are incidental
to the three main uses.
The existing building consists of the main hotel , the
-annex and several small additions and infill structures
constructed at various times in the past. The building is not
subdivided by any free standing fire walls and, therefore, must
be considered a single building in the eyes of the building
code.
The main hotel building is of reinforced concrete
construction which should qualify as Type 2A (protected
noncombustible) construction. The original front porch and two
added porches on the east side of the building as well as the
receiving dock at the rear of the building are of Type 4B
(unprotected wood frame) construction.
The annex building has exterior bearing masonry walls
and interior framing of wood. This part of the building would
have to be considered Type 3C (unprotected ordinary)
construction.
The lack of fire walls within this building requires
that it be classified as mixed construction including
construction types 2A, 3C and 4B. For purposes of height and
Hotel Northampton - 1 - June 8, 1989
~ Sie1i BUILDINC CODE APPEALS BOARD
FOR STATE USE McCormack State OfT.:ce Building
Fee Received: One Ashburton Place - Room 1301
Boson, Massachusetts 02108 (617) 727-3200
By: '
APPEAL APPLICATION FORM
Date:
Docket Nbez-: Date: June 7, 1989
The undersigned hereby appeals to the State Board of Building Regulations and Standards,
from the decision of the (r-heck appropriate boxe ):
Building Official from the City/Town of: Northampton
•
Boa-rd of Appeals from the City/Town of: -
Other°Municipal Agency/Official entitled: -
State Agency/Official entitled:
Other
Daced-June 8 19,89 having been aggrieved by such (check appropriate boors):
Interpretation Order Requirement Direction X Failure to
Act
Other - Explain
Subject: (submit a brief statement of reasons and principal points upon which the application, appeal or
petition is based) ALL APPROPRIATE SECTIONS OF THE CODE MUST BE LISTED
Permit was denied because two additions will increase the height and area
of an existing building to a new height and area whicn exc
by Table 305. Violation is of Section 2200. 3 (5) .
State Briefly Desired Relief: A variance from Section 2200.3 (5) is requested
to permit a one story addition on top of an existing 5 story portion of the
Hotel and a 5 story and basement addition adjacent to the existing 5 story
portion of the Hotel . (See Exhibit No. 1 for details. )
APPELLANT: Tristram W. Metcalfe, A.I .A.
ADDRESS FOR SERVICE: 150 Main Street, Northampton, MA 01060
(413) Tel. No. : 586-5775
ADDRESS OF PROPERTY INVOLVED• hotel Northampton, 36 King St. , Northampton, MA 010,60
APPELLANT'S CONNECTION TO PROPERTY INVOLVED. Architect --
SBCAB-10-85-2
� c
CIA-
S-i.ATZ BUILDING CODE APPEALS BOARD
McCormack State Office Buildiag
One Ashburton Place - Room 1301
Boston, Massachusetts 02108 (617) 727-3200
SERVICE NOTICE
Docket Number:
T
Tristram W.. Metcalfe as the Architect for the
y
Appellant/Petitioner Hotel Northampton in an appeal filed with the
State Building Code Appeals Board on June 7 a 89
HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY THAT IN ACCORDANCE WITH THE PROCEDURES
ADOPLD BY THE STATE BOARD OF BUILDING REGULATIONS AND STANDARDS AND SECTION 121.'7.1 OF ::-
STATE BUILDING CODE, I SERVED OR CAUSED TO BE SERVED, A COPY OF M-TS APPEAL APPLICATION ON
THE FOLLOWING PERSONS IN THE FOLLOWING MANNER:
NAME AND ADDRESS OF
PERSON/AGENCY SERVED METHOD OF SERVICE DATE OF SERVICE
Bruce A. Palmer
Inspector of Buildings
212 Main Street Personally June 6 , 1989
Northampton, MA 01060
(Sig ature) APPELLANT/PETITIONER
ON THE 6th DAY OF June 19 89 THEN PERSONALLY APPEARED BEFORE HE THE
ABOVE-NAMED Tristram W. Metcalfe
(type/print name of appellant)
A14D ACKNOWLEDGED AND SWORE THE ABOVE STATEMENTS TO BE TRUE.
NO ARY UBLIC
MY COMMISSION EXPIRES December 9 , 1994