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32C-001(1) (2) d� H R� sit To: The Commonwealth of Massachusetts Department of Public Safety Architectural Access Board One Ashburton Place, Room 131.0 Boston,MA 02108-1618 Richard M Madowitz as co-owner of Thornes Marketplace authorizes Thomas Douglas Architects to seek all necessary variances for said property. Thank you, i Richard M Madowitz Hampshire Property Manag ment Group 150 Main Street Suite#310 Northampton,MA 01060 150 Main Street Suite 310 Northampton, Massachusetts 01060 (413)584 5582 x110 www,thornesmarketplace.com Thornes Marketplace 150 Main Street, Northampton, MA 01060 PREVIOUS 3 YEARS OF BUILDING PERMITS Ct5Tr . �}RfES �tJPTir~3K7 ti 1 05/10/2012 $25,000.00 renovate tenant interior 2 05/25/2012 $49,000.00 replacement window 3 08/14/2012 $5,000.00 construct door 4 10/10/2012 $7,000.00 replacement window 5 04/04/2013 $2,200.00 exterior railing 6 04/04/2013 $1,200.00 exterior sign 7 05/24/2013 $30,000.00 remove non bearing walls 8 06/20/2013 $25,000.00 illuminated marquee 9 10/10/2013 $240,000.00 replace freight elevator 10 04/22/2014 $4,000.00 replacement exterior awining 11 05/15/2014 $22,302.00 install paritions and sprinklers 12 07/22/2014 $4,800.00 repair ceiling 13 08/05/2014 $240,000.00 wireless telecommunication atenna 14 08/07/2014 $3,500.00 ductwork 14 07/31/2014 $5,000.00 demo exterior awning 15 09/05/2014 $300,000.00 tenant renovation 16 09/22/2014 $18,250.00 ductwork 17 110/21/20141 1 $35,000.00 1kitchen exhaust system $1,017,252.00 BUILDING ASSESSMENT $3,854,400.00 30% 30%ASSESSED VALUE $1,156,320.00 make the existing toilet rooms non-accessible. Requesting 3 years to install a fully compliant ramp in the corridor. • 30.4 Doors to Single User Toilet. A door may swing into the room if there is a clear space of 30"x48" beyond the door swing. There is not clear space. " Requesting 4 years to install a compliant outswing. • 30.6.1.A Door Size. Accessible toilet stall doors to have 32" clear opening. The existing door is only 30". Requesting 4 years to install a compliant door. • 30.8 Grab Bars. Two grab bars are required at each accessible toilet. There are no existing grab bars. Requesting 4 years to install a compliant grab bars. L: PUBLIC TOILET Plumbing alterations are expensive and need to be schedule to have the least impact on tenants and customers. 4 years is being requested to complete the following: • 30.1. At least one accessible water closet is required in each public toilet room. There is not an accessible water closet in the existing public toilet room. Requesting 4 years to install new accessible stall. N: PUBLIC TOILET Plumbing alterations are expensive and need to be schedule to have the least impact on tenants and customers. 4 years is being requested to complete the following: • 26.6.3 Door Clearance. Does not meet minimum pull side clearance at a door. Requesting 4 year time period (2018) to make fully compliant toilet room. • 30.7.2 Location. Location of front edge of fixture and nearest wall is not 42". Requesting 4 year time period(2018)to make fully compliant toilet room. COMPLETED BY 2018: Thornes Marketplace has numerous projects to complete in a fully occupied building. Construction scheduling and financial planning are the major concerns for requesting a 4- year time period to complete major projects. E: RAMP • 24.5.1 Location of Handrails. Handrails shall be on both sides of the ramp. The existing ramp has a handrail on only one side. Requesting 4 years (2018) to install ramp and handrails. • 24.5.2 Handrail Height. The height of the handrail shall be between 34"-38" measured from the surface of the ramp.The existing handrail is 30" above the ramp in certain locations. Requesting 4 years (2018)to install ramp and handrails. • 24.5.3 Continuous Surface. The hand can move from end to end without interruption. The current handrail "steps down." Requesting 4 years (2018)to install ramp and handrails. • 24.5.4 Extensions. Extensions are required at top and bottom of ramps. There are no existing handrail extensions. Requesting 4 years (2018) to install ramp and handrails. F: ACCESSIBLE RAMP The addition of ramp involves possible structural considerations. Also the corridor location involves multiple retailers and needs to be phased to minimize tenant disruptions. • 25.1 Accessible Entrance.All public entrances of a tenancy shall be accessible. The risers make the tenant space at the end of the corridor non-accessible. Addition of compliant ramp makes tenant space accessible. Requesting 4 years (2018)to install ramp. • 27.4.3 Handrail Extensions. Extensions are required at top and bottom of stairs. There are no existing handrail extensions. Requesting 4 years (2018) to install ramp. • 30.2 Location. An accessible toilet shall be on an accessible route. The risers in the corridor make the public toilet rooms non-accessible. Addition of compliant ramp makes toilet rooms accessible. Requesting 4 years (2018) to install ramp. I: PUBLIC TOILET Plumbing alterations are expensive and need to be schedule to have the least impact on tenants and customers. 3 years is being requested to complete the following: • 26.6.3 Door Clearance. Does not meet minimum pull side clearance at a door. Requesting 4 years (2018)to relocate door. • 30.1. At least one accessible water closet is required in each public toilet room. There is not an accessible water closet in the existing public toilet room. Requesting 4 years (2018) to install fully compliant toilet room. • 30.2 Location. Accessible toilet room shall be on an accessible route. Risers by an elevator. A variance is being requested. • 30.2 Location. An accessible toilet shall be on an accessible route. There are 2 risers located in the existing route to the public toilet room. P: PUBLIC TOILET Widening the room by 8" is not possible without moving a wet wall or bearing wall. There would be significant structural and plumbing alterations hence widening the room is economically infeasible. Requesting a variance. • 30.7.2 location. Location of front edge of fixture and nearest wall is not the required 42",but only 34". COMPLETED IN 2015: A.1: HANDRAILS • 27.4.3 Extensions. Extensions are required at top and bottom of stairs. There are no existing handrail extensions. To be compliant by 04/01/2015. D: HANDRAILS • 27.4.1 Handrails. Handrails are required to be continuous. The existing handrails are not continuous. To be compliant by 04/2015. • 27.4.3 Extensions. Extensions are required at top and bottom of stairs. There are no existing handrail extensions. To be compliant by 04/01/2015. K: HANDRAILS • 27.4.1 Handrails. Handrails are required to be continuous. The existing handrails are not continuous. To be compliant by 04/2015. • 27.4.3 Extensions. Extensions are required at top and bottom of stairs. There are no existing handrail extensions. To be compliant by 04/2015. P: PUBLIC TOILET • 30.7.1 Clear Floor Space. The existing door swing interferes with the required clear floor space in front of sink and the distance between the door pull and the sink does not meet the required 12" minimum.To be compliant by 04/01/2015 by changing door swing. • 26.6 maneuvering clearance. Does not meet minimum maneuvering clearance at the pull side of a door.To be compliant by 04/01/2015 by changing door swing. • 26.6.3 Pull Side Clearance. Does not meet minimum pull side clearance at a door. To be compliant by 04/01/2015 by changing door swing. E: RAMP The exiting ramp is original to the 1860 building,constructed of structural sloped joists. Modifications to the slope have significant cost and structural consequences and deemed infeasible. The following variance is being requested: • 24.2.1 Ramp Slope. The maximum slope of the ramp shall be 8.3%. The existing ramp is 16.23%. G: ACCESSIBLE ENTRANCE The second entrance to the second floor tenant space is a spiral staircase. The addition of an elevator is financially infeasible. • 25.1 Accessible Entrance. All public entrances of a tenancy shall be accessible. R ENTRANCE The building is located on the property line therefore adding an exterior ramp is not possible. The minimum required ceiling height needed in the tenant space below the entrance prohibits the addition of an interior ramp. Also,enlarging the vestibule to meet requirements would significantly reduce leasable tenant space having a negative financial impact on both tenant and landlord. A variance is being requested. • 25.3 Vestibule. There should be 48" between a hinged door and the wall. There is no space. • 25.1 Accessible Entrance. All public entrances of a building shall be accessible. There are 3 risers between the public sidewalk and ground floor. • 26.5 Door Width. Door width require a 32" minimum width. The existing door is 30" wide. • 26.6.4 Push Side Clearances. A clear space of 48" x 36" is required on the push side of a door. The existing door swing interferes with this clear space. J: VESTIBULE The exterior doors cannot be relocated towards Main Street without encroaching on the public sidewalk. Relocating the doors to the interior significantly reduces the tenant space,which financially impacts the landlord and tenant. The following variance is being requested: • 25.3 Vestibule. There should be 48" between a hinged door and the wall. There is only 23" in the existing vestibule. K: ACCESSIBLE ENTRANCE The second entrance to the tenant space is a staircase.There is a public elevator located approximately 1 10'from the staircase. The addition of an elevator is financially infeasible. Requesting a variance. • 25.1 Accessible Entrance. All public entrances of a tenancy shall be accessible. M: PUBLIC TOILET There is a 14 elevation difference between the first floor and the floor of the men's public toilet room. The existing ceiling height is 7'-0" which eliminates the possibility of raising the floor. There is an accessible toilet on the floor below,which can be accessed The following variances are requested: A: HANDRAILS The existing handrails at the main staircases are original to the 1860 building and have historical value. The following variances are being requested: • 4.1 Handrails. Handrails are required to be continuous. The existing handrails are not. • 27.4.2 Height.The top of handrail is required to be 34". The existing height is 33". • 27.4.3 Extensions. Extensions are required at top and bottom of stairs. There are no extensions. • 22.4.7 Clearance. A clear space between the handrail and the wall is required to be 1 1/2". There is no clear space with the existing handrails B: ELEVATOR The existing elevator floor indicator is historical. Thornes Marketplace would like to retain this character-defining feature. The following variances are being requested: • 28.4 Hall Lanterns. The existing elevator floor indicator does not meet visual requirements. • 28.4.1. The hall lantern is not at the required 72" above the lobby floor. C: RAMP The existing ramp is poured concrete against a rubble stone foundation wall. The ramp will be improved by the addition of handrails and a floor leveling compound,which will reduce the cross slope (but not eliminate it). The length of the ramp is confined by the existing freight elevator. It is structurally and financially infeasible to excavate;therefore, the following variances are requested: • 20.9 Cross Slope. Nowhere shall the cross slope of an accessible route exceed 2%. The existing concrete ramp has a cross slope of 8.3%. The cross slope can be reduced to 6.5% by adding leveling compound. • 24.4.5 Dimensions for Turning. A landing is required when a ramp changes direction. There are no landings. D: PUBLIC ENTRANCE The building is located directly on the property line prohibiting the possibility of exterior ramps. The interior vestibule space is restricted by existing staircases. The following variances are being requested: • 25.1 Accessible Entrance. All public entrances of a building shall be accessible. • 25.3 Vestibule. There should be 48" between a hinged door and the wall. There are only 5" and 38" at the edge of the door. ARCHITECTURAL ACCESS BOARD VARIANCE APPLICATION SERVICE NOTICE I, Thomas Douglas, as Architect ?hVR4J1-5 N�A�/2 I�e-��tttce L L C for the Petitioner t, Inc submit a variance application filed with the Massachusetts Architectural Access Board on I Z I-t- 20 HEREBY CERTIFY UNDER THE PAINS AND PENALTIES OF PERJURY THAT I SERVED OR CAUSED TO BE SERVED, A COPY OF THIS VARIANCE APPLICATION ON THE FOLLOWING PERSON(S) IN THE FOLLOWING MANNER: NAME AND ADDRESS OF PERSON OR AGENCY METHOD OF SERVICE DATE OF SERVED SERVICE Louis Hasbrouck, Office of Building of Hand Deliver 1 Commissioner 212 Main Street, Northampton, MA 01060 Stravos, Jim Kruidenier UPS 2 210 Old Farm Road, Amherst, MA 01002 Patricia Shaughnessy, ADA Coordinator Hand Deliver 3 Northampton Senior Center 67 Conz Street, Northampton, MA 01060 AND CERTIFY UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE ABOVE STATEMENTS, TO THE BEST OF MY KNOWLEDGE ARE TRUE AND ACCURATE. Signature: Appellant or Petitioner On the l .2 . Day of 20 14 PERSONALLY APPEARED BEFORE ME THE ABOVE NAMED (Type or Print the Name of the Appellant) °i;`''�s� DEBORAH A.RAINEY 0oJ�® � Notary Public Commonwealth of Massachusetts My Commission Expires May 29,2020 N TARY PUBLIC MY COMMj$SION tXPIRES Page 5 of 5 Rev, 08/12 14. To the best of your knowledge, has a complaint ever been filed on this building relative to accessibility? yes _X—no 15. State the actual assessed valuation of the BUILDING ONLY, as recorded in the Assessor's Office of the municipality in which the building is located: $3,854,400. Is the assessment at 100%?Y If not, what is the town's current assessment ratio? N/A 16. State the phase of design or construction of the facility as of the date of this application: Design Development 17. State the name and address of the architectural or engineering firm, including the name of the individual architect or engineer responsible for preparing drawings of the facility: Thomas Douglas Thomas Douglas Architects, Inc. 196 Pleasant Street, Suite 202 Northampton, MA 01060 E-mail: douglas @tdouglasarchitects.com Telephone: 413.585.0641 18. State the name and address of the building inspector responsible for overseeing this project: Louis Hasbrouck Office of the Building Commissioner Puchalski Municipal Building 212 Main Street Northampton MA-01060 E-mail: Ihasbrouck(ftorthampton ma.gov Tel ephone:413.587.1240 Date: 2' 2- Signature of owner or authorized agent PLEASE PRINT: Thomas Douglas Name 196 Pleasant Street Suite 202 Address Northampton MA 01060 City/Town State Zip Code douglas @tdouglasarchitects.com E-mail (413) 585-0641 Telephone Page 3 of 4 Rev, 08/12 5. Check the work performed or to be performed: _ New Construction _ Addition X_ Reconstruction/Remodeling/Alteration Change of Use 6. Briefly describe the extent and nature of the work performed or to be performed (use additional sheets if necessary): Thornes Marketplace has made several improvements to its tenant and public spaces in the last 3 gars. The work performed is nearing 30% of the full and fair cash value of the building. Thornes Marketplace is planning to make several areas compliant in the next 4 months see attached documents). However, many of the areas involve more planning scheduling and financial plannin and Thornes Marketplace is requesting 3 years to make compliant. Also, as an 1860 historic building, certain areas of the building are confined by existing conditions and variances are being requested see attached documents for requested variances. 7. State each section of the Architectural Access Board's Regulations for which a variance is being requested: 7a. Check appropriate regulations: 1996 Regulations 2002 Regulations — X 2006 Regulations SECTION NUMBER LOCATION OR DESCRIPTION See attached written list and spreadsheet. B. Is the building historically significant?_x—yes no. If no,go to number 9. 8a. If yes, check one of the following and indicate date of iisting: National Historic Landmark Listed individually on the National Register of Historic Places X Located in registered historic district Listed in the State Register of Historic Places _ Eligible for listing 8b. If you checked any of the above and your variance request is based upon the historical significance of the building, you must provide a letter of determination from the Massachusetts Historical Commission, 220 Morrissey Boulevard, Boston, MA 02125. 9. For each variance requested, state in detail the reasons why compliance with the Board's regulations is impracticable (use additional sheets if necessary), including but not limited to: the necessary cost of the work required to achieve compliance with the regulations (i.e. written cost estimates); and plans justifying the cost of compliance. See attached. 10. Has a building permit been applied for? N Has a building permit been issued? N 10a. If a building permit has been issued, what date was it issued? N/A 10b. If work has been completed, state the date the building permit was issued for said work:WA 11. State the estimated cost of construction as stated on the above building permit: N/A 11a. If a building permit has not been issued, state the anticipated construction cost: $177,500. See attached spreadsheet toruric9rlgper project. 12. Have any other building permits been issued within the past 36 months? Y 12a. If yes, state the dates that permits were issued and the estimated cost of construction for each permit: See attached. 13. Has a certificate of occupancy been issued for the facility" IL If yes, state the date: Pace? o;4 Rev, 08/12 The Commonwealth of Massachusetts Department of Public Safety Docket Number Architectural Access Board M (Office Use Only) One Ashburton Place, Room 1310 Boston Massachusetts 02108-1618 Phone: 617-727-0660 Fax: 617-727-0665 www.mass.gov/dps APPLICATION FOR VARIANCE In accordance with M.G.L., c.22, § 13A, I hereby apply for modification of or substitution for the rules and regulations of the Architectural Access Board as they apply to the building/facility described below on the grounds that literal compliance with the Board's regulations is impracticable in my case. PLEASE ENCLOSE: 1) A filing fee of$50.00 (Check/Money Order) made payable to the "Commonwealth of Massachusetts"and all supporting documentation (e.g. plans in 11"x 17"format, photographs, etc.). In addition, the complete package (including plans, photographs and the completed "Service Notice") must be submitted to all parties via compact disc. 2) If you are a tenant seeking variance(s), a letter from the owner of the building authorizing you to apply on his or her behalf is required. 3) The completed "Service Notice"form provided at the end of this application certifying that a copy of your complete application has been received by the Local Building Inspector, Local Disability Commission (if applicable), and Local Independent Living Center for the city/town that the property in question resides in. A list of the local entities can be found by calling the Architectural Access Board Office or the Local City/Town Clerk. For a list of the Local Independent Living Centers you can either call the Architectural Access Board Office or visit the Massachusetts Statewide Independent Living Council website at http://www.masilc.org/membership/cils. 1. State the name and address of the owner of the building/facility: Thornes Marketplace, LLC Attention: Jonathan McGee Thornes Marketplace, 150 Main Street Suite 310 PO Box 686, Northampton, MA 01061 E-mail:mon @thornesmarketplace.com Telephone: 413.582.9970 ext. 110 2. State the name and address of the building/facility: Thornes Marketplace 150 Main Street, Northampton, MA 01061 3. Describe the facility(i.e. number of floors, type of functions, use, etc.): A four-story brick building located in downtown Northampton The building serves as a retail space with multiple retailers per floor. 4. Total square footage of the building: 66,000 sq ft Per floor: 16,500 sq ft a. total square footage of tenant space (if applicable): N/A Pagel of 4 Rev, 08/12 �C -0o Archtects,Inc. 196 Pleasant Street,Nor thampton,M4 01060 ph.413.585.0641 http://www.tJoLiglasarchtects.corn o LETTER OF TRANSMITTAL The Commonwealth of Massachusetts Department of Public Safety DATP: 12/12/14 SOB#: L Architectural Access Board ATr NI'ION: Thorns Marketplace,LLC Variance One Ashburton Place R13: tP ace> Room 1310 Application 6 Boston,MA 02108-1618 I We are sending you: ❑ Attached ❑ Under separate cover via U.S.Mad ❑ Shop drawings ❑ Prints ® Plans ❑ Samples ❑ Copy of Letter ❑ Specifications ❑ Change Order ® Other CD COPIES DATE NO. DESCRIPTION 1 12/12/14 AAB Variance Application, These are transmitted as checked below: ® For your use ❑ Approved ❑ Not approved ❑ As requested ❑ Approved as Noted ❑ Resubmit for record ® For review and comment ❑ Revise and resubmit ❑ Other Remarks: Please find the following enclosed: -AAB Variance Application -Written descriptions -printed floor plans -Spreadsheet of work -Spreadsheet of building permits -better from Owner -$50 check -CD of all documents Louis HasbrouclAe Copy to: dim Kruidenier Signed: I Patricia Shaughnessy