32C-001 (38) r
Raymond Glazier, Executive Office of Elder David D'Arcangelo, Massachusetts Office on
Affairs Designee Disability Director
Andrew Bedar, Member George Delegas, Member
Z. � ��41-We7-
Lisa Pilorz, Member Carol Steinberg, Member
A complete administrative record is on file at the office of the Architectural Access Board.
This constitutes a final order of the Architectural Access Board entered pursuant to G.L. c. 30A. Any aggrieved
person may appeal this decision to the Superior Court of the Commonwealth of Massachusetts pursuant to Section
14 of G.L. c.30A. Any appeal must be filed in court no later than thirty (30) days of receipt of this decision.
Page 11 of 11
S:AAA[3\KSuttonAAGENDA'S AND RESULTS\DEC IS IONS\2015\042715\Thomes Marketplace,150 Main St.,Northampton(V14-347).doc
proposed,the men's toilet room in question is modified as proposed on AAB35, with an accessible
toilet stall and sink provided within this bathroom, to be completed during the current proposed
project. The Board further requires that directional signage shall be placed at the top of the stairs
leading to the toilet room in question, directing people to the nearest fully accessible toilet room.
The motion is based on the fact that the Petitioners had proven that the cost of full compliance with
the applicable requirements would be excessive, without a substantial benefit to persons with
disabilities.
- GRANT the time variances requested for the lack of compliance of an accessible route to the
existing first floor men's public toilet room(521 CMR 20.1 and 30.2), on the condition that, as
proposed,the men's toilet room in question is modified as proposed on AAB35, with an accessible
toilet stall and sink provided within this bathroom,to be completed during the current proposed
project. The Board further requires that directional signage shall be placed at the top of the stairs
leading to the toilet room in question, directing people to the nearest fully accessible toilet room.
The motion is based on the fact that the Petitioners had proven that the cost of full compliance with
the applicable requirements would be excessive, without a substantial benefit to persons with
disabilities.
GRANT the time variances requested to allow until May 1, 2018 to bring the existing noncompliant
second floor women's public toilet room(521 CMR 26.6.3 and 30.7.2) into compliance, on the
condition that the third floor unisex toilet rooms are corrected as proposed (door swing changes)
during the current project. The motion is based on the fact that the Petitioners had proven that the
cost of full compliance with the applicable requirements would be excessive, at this time, without a
substantial benefit to persons with disabilities.
- GRANT the variances requested for the lack of compliance at the two second floor unisex toilet
rooms at the third floor(521 CMR 30.7.1 and 30.7.2), on the condition that the proposed work
(reversing the swing of the doors) is completed during the current phase of construction. The
motion is based on the fact that the Petitioners had proven that the cost of full compliance with the
applicable requirements would be excessive without a substantial benefit to persons with
disabilities.
REQUIRE that progress reports of the ongoing projects be submitted to the Board annually, with
the first report to be submitted to the Board by December 1, 2016.
A true copy attest, dated: May 12, 2015
ARCHITECTURAL ACCESS BOARD
By:
—%44C--t*
Walter White, Chair Diane McLeod, Vice Chair
Page 10 of 11
S:AAAB\KSuttonAAGENDA'S AND RESULTS\DECISIONS\2015\042715\Thomes Marketplace,150 Main St.,Northampton(V14-347).doc
GRANT the time variances requested to allow until May 1, 2018 for the existing noncompliant
ramp leading to the lower level (L2)tenant space to be brought into compliance with the following
sections of 521 CMR 24.2.1, 24.4.5. 24.5.1, 24.5.2, 24.5.3, and 24.5.4. The motion is based on the
fact that the Petitioners had proven that the cost of full compliance with the applicable
requirements, at this time, would be excessive without a substantial benefit to persons with
disabilities.
GRANT the time variances requested to allow until May 1, 2018 for the existing noncompliant
route from the main corridor of lower level (L2)to the Herrell's Ice Cream tenant space to be
brought into compliance with 521 CMR 20.1 and 24.1. The motion is based on the fact that the
Petitioners had proven that the cost of full compliance with the applicable requirements, at this
time, would be excessive without a substantial benefit to persons with disabilities. (Motion carries
with Steinberg opposed).
GRANT the variance requested for the lack of access from a secondary entrance to a tenant space
(521 CMR 20.1 and 25.1)to allow the existing winder stairs (521 CMR 27.2)to remain. The
motion is based on the fact that the Petitioners had proven that the cost of full compliance with the
applicable requirements would be excessive without a substantial benefit to persons with
disabilities. (Motion carries with Steinberg opposed).
GRANT the variances requested for the lack of compliance at the lower level (L2) Old South Street
entrance (521 CMR 25.1, 25.3, 26.5,26.6.3, and 26.6.4), on the condition that, compliant stair
handrails (521 CMR 27.4)are added at the exterior stairs as part of the current project. The motion
is based on the fact that the Petitioners had proven that the cost of full compliance with the
applicable requirements would be excessive without a substantial benefit to persons with
disabilities.
GRANT the time variances requested for the lack of compliance at the existing lower level (L2)
public toilet rooms(5 21 CMR 30.1, 30.2, 30.4, 30.6.1, 30.7.1, 30.7.2, and 30.8), on the condition
that, as proposed, a compliant single-user accessible men's toilet room is provided, and an
accessible toilet stall is provided within the existing women's toilet room by May 1, 2018. The
motion is based on the fact that the Petitioners had proven that the cost of full compliance with the
applicable requirements would be excessive, at this time,without a substantial benefit to persons
with disabilities.
GRANT the variances requested for the lack of compliance at the first floor Main Street secondary
entrance (521 CMR 25.1 and 25.3), on the condition that automatic door openers are installed at
the accessible main entrance on Main Street, during the current project. The motion is based on the
fact that the Petitioners had proven that the cost of full compliance with the applicable
requirements would be excessive without a substantial benefit to persons with disabilities.
NO VARIANCE IS REQUIRED for the lack of an accessible route to the second floor tenant space
(521 CMR 20.1), since the stairs in question (directly adjacent to the Main Street accessible
entrance) are on the common corridor and there is an elevator at the same corridor that leads to the
main entrance to the tenant space at the second floor. The Board further noted that since the
Petitioners propose to install compliant handrails at both sides of the existing stairs in question,NO
VARIANCE IS REQUIRED for 521 CMR 27.4 at these stairs.
GRANT the time variances requested for the lack of compliance of an accessible route to the
existing first floor men's public toilet room(521 CMR 20.1 and 30.2), on the condition that, as
Page 9 of 11
S:AAAB\KSutton\AGENDA'S AND RESULTS\DEC ISIONS\2015\042715\Thornes Marketplace, 150 Main St.,Northampton(V14-347).doc
The Petitioners propose to some modifications to increase accessibility within the existing building, but
are seeking time to establish the funds and scheduling with existing tenants to complete larger common area
accessibility upgrades within the building. With some needed variances for noncompliant areas of the existing
unisex third floor toilet rooms, there will be accessible toilet rooms provided at the completion of the current
construction project. The Petitioners also propose to install compliant handrails at different existing stairs
throughout the building; some with only wall side compliant handrails based on the historic nature of the
existing interior handrails. The overall cost for the proposed modifications required to do the proposed
accessibility upgrades amounts to $187,500, with the existing proposed projects to be completed with the
current construction project estimated to cost $6,000.
Conclusion
In light of all of the foregoing,the Board voted as follows:
- NO VARIANCE REQUIRED for the lack of handrail extensions (521 CMR 27.4.3)at the existing
lower stair, based on the fact that handrail extensions are proposed to be completed within the
initial phase of work.
- GRANT the variances requested for the existing central stairs (521 CMR 27.4.1, 27.4.2,27.4.3 and
27.4.7), on the condition that a compliant wall side handrail is provided at this stairway. The
motion is based on the fact that the Petitioners had proven that the cost of full compliance with the
applicable requirements would be excessive without a substantial benefit to persons with
disabilities.
- GRANT the variances requested for the existing secondary central stair(521 CMR 27.4.1, 27.4.2,
27.4.3 and 27.4.7), on the condition that a compliant wall side handrail is provided at this stairway.
The motion is based on the fact that the Petitioners had proven that the cost of full compliance with
the applicable requirements would be excessive without a substantial benefit to persons with
disabilities.
- GRANT the variance to maintain the existing elevator hall lanterns.and floor indicators (521 CMR
28.4 and 28.4.1). The motion is based on the fact that the Petitioners had proven that the cost of
full compliance with the applicable requirements would be excessive without a substantial benefit
to persons with disabilities.
- GRANT the time variances requested to allow until May 1, 2018 for the ramp running slope(521
CMR 24.2.1) and the ramp handrails (521 CMR 24.4.5, 24.5.1, 24.5.2, 24.5.3, and 24.5.4)to be
brought into compliance. The Board also grants a time variance to May 1, 2018 to bring the cross
slope of the ramp to a cross slope of 6.5% or less, as proposed. The motion is on the condition that
signage is posted in the public corridor,just inside the entrance, warning people of the existing
steep slope along the path of travel. The motion is based on the fact that the Petitioners had proven
that the cost of full compliance with the applicable requirements, at this time, would be excessive
without a substantial benefit to persons with disabilities.
- GRANT the variances requested for the lack of compliance at the lower level (L1)rear entrance
(521 CMR 25.1, 25.3, 26.5, 26.6.3, and 26.6.4), on the condition that, as proposed, compliant stair
handrails (521 CMR 27.4) are added at the exterior stairs as part of the current project. The motion
is based on the fact that the Petitioners had proven that the cost of full compliance with the
applicable requirements would be excessive without a substantial benefit to persons with
disabilities.
Page 8 of 11
S:AAAl3\KSuttonAAGENDA'S AND RESULTS\DECISIONS\2015\042715\Thomes Marketplace, 150 Main St.,Northampton(V14-347).doc
of the adjacent tenant space. (Exhibit 1 and Testimony of Douglas).
10)The lower level (L2) corridor public toilet rooms are located on the same corridor as the route to
Herrell's Ice Cream; therefore,there is currently no accessible route to said toilet rooms. The
Petitioners are seeking a time variance to create an accessible men's room and eliminate one of the
toilet stalls within the women's rooms to create an accessible toilet stall. Douglas stated that they
are planning to complete the proposed work by 2018. (Exhibit 1 and Testimony of Douglas).
11)The vestibule doors at the Main Street entrance only have 23" between the swing of the two sets of
doors. Douglas noted that the doors could not be moved further out towards Main Street without
encroaching on the public sidewalk. There is an accessible entrance along the same storefront, which
is notably the "main entrance"to the building. (Exhibit 1 and Testimony of Douglas).
12)There are existing stairs directly adjacent to the main accessible entrance and within the common
corridor. These stairs have noncompliant handrails and lead to a second floor tenant space. This
tenant space is also accessed from the main corridor at the second floor which is accessed via the
existing passenger elevator. Douglas stated that the Petitioners propose to install compliant
handrails along theses stairs as part of the current proposed project. (Exhibit 1 and Testimony of
Douglas).
13)There is an existing 14" elevation difference between the first floor and the floor of the men's public
toilet room, due to two existing steps along the route to said men's toilet room. The existing ceiling
height is 7', which eliminates the possibility of raising the floor. There is an accessible toilet on the
floor below, which can be accessed by an existing elevator. Douglas stated that they can make this
toilet room accessible by eliminating one toilet and providing an accessible toilet stall; however,
creating an accessible route to the toilet room is technologically infeasible due to the adjacent tenant
spaces that are all in long term leases. (Exhibit 1 and Testimony of Douglas).
14)The second floor women's public toilet room does not have the required clearance in front of the
toilet within the accessible stall, with only 28"provided when 42" is required per 521 CMR 30.7.2.
The entrance to this toilet room also does not have the required pull side clearance at the interior of
the room. Only 3" of clear space is provided at the pull side of the door, when 18" is required per
521 CMR 26.6.3. The Petitioners are seeking a time variance to widen the accessible toilet stall and
change the swing of the entrance doors to provide the required maneuvering clearances. (Exhibit 1
and Testimony of Douglas).
15)The existing third floor single user toilet rooms do not comply with the overall dimension
requirements of 521 CMR 30.7.1 and 30.7.2. The toilets within these toilet rooms have a clearance
of 34", when 42" is required. Douglas noted that the Petitioners propose to reverse the swing of the
doors to these two toilet rooms to meet the maneuvering clearance requirements. (Exhibit I and
Testimony of Douglas).
Analysis
The Board established jurisdiction pursuant to 521 CMR 3.5, which states that"[w]hen the work
performed on a building is divided into separate phases or projects or is under separate building permits, the
total cost of such work in any 36 month period shall be added together in applying 521 CMR 3.3,Existing
Buildings." The Board further established jurisdiction based on 521 CMR 3.3.2, which states that, "[i]f the
work performed, including the exempted work, amounts to 30% or more of the full and fair cash value (see 521
CMR 5.00) of the building the entire building is required to comply with 521 CMR." Since the Petitioners
have spent $1,017,250 since May 10, 2012, and are proposing to spend an additional $177,500, the total amount
spent on the building within a 36 month period amounts to $1,194,752. Since the total value of the building is
$3,854,400, the spending will be more than 30% of the value of the building ($1,156,320); therefore, full
compliance with all applicable sections of 521 CMR is required.
Page 7 of 11
S:AAAB\KSutton\AGENDA'S AND RESULTS\DEC IS ION S\2015\042715\Thomes Marketplace,150 Main St.,Northampton(V14-347).doc
Factual Findings
The variance hearing was held on April 27, 2015 and based on the credited testimony of the witness, and
the documents submitted, the Board finds the following facts:
1) Thornes Marketplace was originally built circa 1860, and is a four-story brick building located in
downtown Northampton. The building serves as a retail space with multiple tenants. The building is
a total of 66,000 square feet with 16,500 square feet per floor. The building is assessed at
$3,854,400. The work conducted on the building since May 10, 2012 amounts to $1,017,252. The
Petitioner propose to also do an additional $177,500 worth of work, but have yet to apply for the
permit for said work. (Exhibit 1 and Testimony of Douglas).
2) The existing handrails at the main staircases are original to the 1860 building. The existing handrails
are not continuous, are located at a height of 33" (34" required by 521 CMR 27.4.2), do not have the
required handrail extensions, and have there is minimal to no clear space between the handrails and
the adjacent wall. (Exhibit 1 and Testimony of Douglas).
3) The existing elevator floor indicator is historic. Thornes Marketplace would like to retain this
character-defining feature. This existing elevator floor indicator does not meet visual requirements,
and is not located at the required 72" above the lobby floor. (Exhibit 1 and Testimony of Douglas).
4) The Petitioners are seeking a time variance for the existing ramp that creates access from parking lot
to the lowest level of the building. The existing ramp has a running slope of 19% and a cross slope
of 8.3%. The existing ramp also turns a corner towards the freight elevator from the public elevator,
with no landings provide at the turn. The Petitioners are proposing to complete the work by April
30, 2018, to create a compliant running slope, a 6.5% cross slope, and to provide compliant
handrails. The Petitioners seek a variance for the lack of a level landing and the resulting
noncompliant cross slope. (Exhibit 1 and Testimony of Douglas and Madowitz).
5) The rear entrance to the building is located on the property line, with three (3) stairs between the
public sidewalk and the ground floor. The existing vestibule space is restricted by existing adjacent
stair cases. There is only 5" of clearance provided from one of the adjacent door leafs, and 38"to
the other door leaf. Douglas noted that the Petitioners propose to install compliant handrails at the
exterior stairs, but that they are seeking a variance for the lack of access at this rear entrance door to
the lower level. (Exhibit 1 and Testimony of Douglas).
6) There is an existing ramp up to a tenant space within the building that was built 60-70 years ago. In
order to bring the ramp into compliance, it will need to be extended and complaint handrails will
need to be installed. The Petitioners are seeking until 2018 to complete this required work. (Exhibit
1 and Testimony of Douglas).
7) There are existing stairs along the path of travel to the existing Herrell's Ice Cream tenant space.
These stairs currently do not have complaint handrail extensions, per 521 CMR 27.4.3. The
Petitioners seek a time variance until 2018 to complete the proposed ramp and eliminate the existing
stairs, as noted on AAB29. (Exhibit I and Testimony of Douglas).
8) There is an existing winder stair between the lower level (L2) entrance and the first floor tenant
space of an existing restaurant. This is a secondary entrance to the restaurant space from the
inaccessible Old South Street entrance to the building. There is an additional entrance to the main
area of the restaurant tenant on the first floor, from the accessible public entrance from the adjacent
parking garage. (Exhibit 1 and Testimony of Douglas).
9) The building is located on the property line along Old South Street, therefore making the installation
of an exterior ramp technologically infeasible. The existing door leafs are 30"wide, with
noncompliant maneuvering clearances, and a noncompliant vestibule. Douglas noted that the
minimum required ceiling height needed within the tenant space below the entrance in question
would prohibit the addition of an interior ramp. He added that enlarging the existing noncompliant
vestibule to comply with the applicable requirements of 521 CMR would reduce the leasable space
Page 6 of 11
S:AAAB\KSutton\AGENDA'S AND RESULTS\DEC IS IONS\2015\042715\Thomes Marketplace,150 Main St.,Northampton(V14-347).doc
521 CMR 28.4 requires that, "[a] visible and audible signal shall be provided at each hoistway entrance
to indicate which car is answering a call...."
Pursuant to the requirements of 521 CMR 28.4.1, "[h]all lantern fixtures shall be mounted so that their
centerline is at least 72 inches (72" = 1829mm) above the lobby floor. See Fig. 28a."
Section 30.1 of 521 CMR states that, "[e]ach public toilet room provided on a site or in a building shall
comply with 521 CMR...a. In each adult public toilet room, at least one water closet and one sink in each
location shall be accessible to persons in wheelchairs, or a separate accessible unisex toilet room shall be
provided at each location. Adult water closets shall comply with the provisions of 521 CMR 30.1 through
30.13."
521 CMR 30.2 states that, "[a]ccessible toilet rooms shall be on an accessible route. Where unisex
toilet room(s) are provided, they shall be located in the same area as other toilet rooms."
Pursuant to the requirements of Section 30.4 of 521 CMR, "[d]oors to single user toilet rooms may
swing into the room if the door has a self-closing device and maneuvering space is provided in accordance with
521 CMR 26.6. The door may swing into the room if there is a clear floor space of 30 inches by 48 inches (30"
= 762mm by 48" = 1219mm) beyond the swing of the door."
521 CMR 30.6.1 requires that, "...[s]tandard accessible toilet stalls shall be at least 60 inches (60" _
1524mm)wide and 72 inches (72" = 1829mm) deep. See Fig. 30a and 30b. Arrangements shown for standard
accessible toilet stalls may be reversed to allow either a left- or right-hand approach. Water closets in
accessible stalls shall be located on the 60 inch (60" = 1524mm) wall and shall comply with 521 CMR 30.7,
Water closets...a.Accessible toilet stalls shall have a door that swings out or slides and has a 32 inch(32" =
813mm) clear opening...b. The stall door shall have an automatic self-closing hinge device, a pull device on
both sides of the door to assist in closing and opening the door, and a lock located approximately 36 inches (36"
= 914mm) above the floor that does not require tight grasping, pinching, or twisting of the wrist to operate...c.
There shall be 18 inches (18" =457mm) of clear space on the latch pull side of the door....d. A coat hook shall
be provided at a maximum height of 54 inches (54" = 1372mm) above the floor."
Pursuant to the requirements of Section 30.7.1 of 521 CMR, .....[c]lear floor space for water closets not
in stalls shall comply with Fig. 30d. Clear floor space may be arranged to allow either a left-handed or
right-handed approach to the water closet."
Section 30.7.2 of 521 CMR requires that, "...[t]he centerline of the water closet shall be located 18
inches (18" = 457mm) from the nearest side wall and at least 42 inches (42" = 1067mm) from the farthest side
wall or the closest edge of an adjacent fixture. There shall be at least 42 inches (42" = 1067mm) clearance
between the front edge of the water closet and the nearest wall or fixture."
Section 30.8 of 521 CMR requires that, "[f]or the standard accessible toilet stall the water closet shall
have two grab bars 42 inches (42" = 1067mm) long, one on the wall in back of the water closet and one on the
side wall closest to the water closet.
Exhibits
Exhibit 1: Board Packet AAB1-40, including all correspondence and plans submitted.
Exhibit 2: Summary of variances requested; submitted by Douglas, dated April 27, 2015.
Page 5 of 11
S:AAAB\KSuttonAACENDA'S AND RESULTS\DEC IS IONS\2015\042715AThomes Marketplace,150 Main St.,Northampton(V 14-347).doc
521 CMR 24.5.4 states that, "...[h]andrails shall extend at least 12 inches (12" =30511-1m) beyond the
top and bottom of the ramp and shall be parallel with the floor or ground surface (See Fig. 24d), except where -
the extension would cause a safety hazard."
Section 24.6 of 521 CMR requires that, "[t]he cross slope of ramp surfaces shall be no greater than 1:50
(2%)."
Section 25.1 of 521 CMR states that, "[a]ll public entrances) of a building or tenancy in a building shall
be accessible. Public entrances are any entrances that are not solely service entrances, loading entrances, or
entrances restricted to employee use only."
Pursuant to 521 CMR 25.3, "[b]etween any two hinged or pivoted doors, there shall be a minimum of 48
inches (48" = 1219mm) plus the width of any door swinging into the space. See Fig. 25a and 25b."
Section 26.5 of 521 CMR requires that, "[a]ll doorways and openings that are required to be accessible
shall have a clear opening of not less than 32 inches (32" = 813mm). Clear opening of a door is measured from
the face of the stop on the latch side to the face of the door when the door is open 90 degrees. For door types
such as bifold, accordion, and pocket, the clear opening is measured when the door is in its most fully open
position. See Fig. 26b and 26c."
The requirements of 521 CMR 26.6.3 state that, "[p]ull side clearance shall comply with the following:
a. A minimum of 18 inches (18" =457mm) of clear floor space shall be provided on the latch,pull side of the
door when the clear floor space in front of the door is a minimum of 60 inches (60" = 1524mm). see Fig. 26d.b.
A minimum of 42 inches (42" = 10667mm) of clear floor space shall be provided on the latch, pull side of the
door when the clear floor space in front of the door is more than 54 inches (54" = 1372mm) but less than 60
inches (60" = 1524mm) see Fig. 26g...c. A minimum of 24 inches (24" = 610mm) of clear floor space shall be
provided on the latch, pull side of the door when the clear floor space in front of the door is a minimum of 54
inches (54"= 1372mm) and the door has a closer. see Fig. 26d...Pull side clearance shall comply with Fig.
26d."
Section 26.6.4 of 521 CMR states that, "[p]ush side clearance shall comply with Fig. 26e."
521 CMR 27.4.1 requires that, "...[s]tairways shall have continuous handrails at both sides of all stairs.
The inside handrail on switchback or dogleg stairs shall always be continuous. See Fig. 27c."
Section 27.4.2 of 521 CMR states that, "...[flop of handrail gripping surface shall be mounted between
34 inches (34" = 864mm) and 38 inches (38" = 965mm) above stair nosings. Handrails shall be measured
vertically from the top of the gripping surface of the handrails to the stair nosing."
Pursuant to the requirements of 521 CMR 27.4.3, "...[w]here handrails terminate at the top and bottom
of a stair run, they shall have extensions that comply with the following: a. At the top, extend at least 12 inches
(12" = 305mm) beyond the top riser and parallel with the floor or ground surface. See Fig. 27d...b. At the
bottom, extend at least 12 inches (12" = 305mm) plus the width of one tread beyond the bottom riser. The
handrail shall continue to slope for a distance of the width of one tread from the bottom riser; the remainder of
the extension shall be horizontal. See Fig. 27d...c. Handrail extensions need not extend if it would cause a
safety hazard or if space does not permit. Extensions shall comply with 521 CMR 20.6, Protruding Objects."
Section 27.4.7 of 521 CMR states that, "...[w]hen a handrail is mounted adjacent to a wall, the clear
space between the handrail and the wall shall be 1 t/z inches (11/2" = 38mm). Handrails may be located in a wall
recess if the recess is a maximum of three inches (3" =76mm) deep and extends at least 18 inches (18" _
457mm) above the top of the rail."
Page 4 of 11
S:AAAB\KSuttonAAGENDA'S AND RES U LTS\DECI S IONS\2015\042715\Thornes Marketplace, 150 Main St.,Northampton(V14-347).doe
• 30.8 - lack of grab bars
On January 26, 2015, the Board voted to schedule a hearing regarding the variances requested. The
Notice of Action and a Notice of Hearing were sent to all parties concerned on February 4, 2015, notifying them
of the June 29, 2015 variance hearing, scheduled for 3:00 p.m. Based on a request from Richard Madowitz,
Property Manager/Owen, a Rescheduled Hearing Notice was sent out to all parties concerned on March 10,
2015, notifying them of the hearing being rescheduled to April 27, 2015 at 2:00 p.m.
In accordance with M.G.L. c. 30A, §§ 10 and 11; 801 CMR 1.02 et. seq.; and 521 CMR 4.00, the Board
convened a hearing on April 27, 2015 where all interested parties were provided with an opportunity to testify
and present evidence to the Board.
Emily Estes Baillargeon and Thomas Douglas of Thomas Douglas Architects; and Richard Madowitz,
Property Manager/Owner of Thornes Marketplace, all appeared on behalf of the Petitioners. All were sworn in
by the Chairman.
Applicable Laws
The Board established jurisdiction pursuant to 521 CMR 3.5, which states that"[w]hen the work
performed on a building is divided into separate phases or projects or is under separate building permits, the
total cost of such work in any 36 month period shall be added together in applying 521 CMR 3.3,Existing
Buildings." The Board further established jurisdiction based on 521 CMR 3.3.2, which states that, "[i]f the
work performed, including the exempted work, amounts to 30% or more of the full and fair cash value (see 521
CMR 5.00)of the building the entire building is required to comply with 521 CMR."
Section 20.1 of 521 CMR requires that, "[a]n accessible route shall provide a continuous unobstructed
path connecting accessible spaces and elements inside and outside a facility. Accessible routes may include but
are not limited to walks, halls, corridors, aisles, skywalks, and tunnels. Accessible routes may not include stairs,
steps, or escalators, even if the stairs and steps are required to be accessible under 521 CMR."
Pursuant to the requirements of 521 CMR 24.2.1, "[t]he least possible slope should be used for any
ramp. The maximum slope of a ramp shall be 1:12 (8.3%). (There is no tolerance allowed on slope, Refer to
521 CMR 2.4.4d)."
Section 24.4.5 of 521 CMR states that, "[d]imensions for turning: If ramps change direction at landings,
the minimum landing size shall be 60 inches by 60 inches (60" by 60" = 1524mm by 1524mm). See Fig. 24c.
521 CMR 24.5.1 requires that, "...[h]andrails shall be provided along both sides of ramp segments."
Section 24.5.2 of 521 CMR states that"...[h]andrails shall be provided in pairs, one at a height between
34 inches and 38 inches (34" - 38" = 864mm - 965mm), and a lower one at a height between 18 and 20 inches
(18"- 20" =457mm - 508mm), measured vertically from the surface of the ramp to top of handrail."
Pursuant to 521 CMR 24.5.3, "...[h]andrails shall be continuous without interruption, except by
doorways and openings, so that a hand can move from end to end without interruption."
Page 3 of 11
S:AAAI3\KSutton\AGENDA'S AND RF,SULTS\DEC IS IONS\2015\042715\Thornes Marketplace,150 Main St_,Northampton(V14-347).doc
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss ARCHITECTURAL ACCESS BOARD
Docket No. V14-347
In re )
Thornes Marketplace )
150 Main Sheet )
Northampton )
BOARD DECISION
Introduction
This matter originally was brought to attention of the Architectural Access Board ("Board") based on
the December 16, 2014 receipt of a variance application, submitted pursuant to 521 CMR 4.00, by Thomas
Douglas of Thomas Douglas Architects, Inc. on behalf of Thornes Marketplace. The Petitioners requested
variances for the following sections of 521 CMR:
• 20.1 - lack of compliant accessible route(s)
• 24.2.1 - lack of compliant ramp slopes
• 24.4.5 - noncompliant ramp landing(s)
• 24.5.1 - lack of compliant ramp handrails
• 24.5.2 - lack of compliant handrail height at ramps
• 24.5.3 - lack of compliant ramp handrail surface
• 24.5.4 - lack of compliant ramp handrail extensions
• 24.6 - lack of compliant cross slope at existing ramp(s)
• 25.1 - lack of accessible entrance(s)
• 25.3 - lack of compliant entrance vestibule(s)
• 26.5 - noncompliant clear width at doors and doorways
• 26.6.3 - lack of compliant pull side clearance at doors
• 26.6.4 - lack of compliant push side clearance at doors
• 27.4.1 - lack of continuous stair handrails
• 27.4.2 - lack of compliant stair handrail heights
• 27.4.3 - lack of compliant stair handrail extensions
• 27.4.7 - lack of compliant handrail clearance
• 28.4 - lack of compliant elevator hall lanterns
• 28.4.1 - lack of compliant height for elevator hall lanterns
• 30.1 - lack of compliant toilet room(s)
• 30.2 - location of accessible toilet room(s)
• 30.4 - noncompliant door to a single user toilet room
• 30.6.1 - lack of compliant toilet stall door width
• 30.7.1 - lack of compliant clear floor space within single user toilet rooms
0 30.7.2 - noncompliant maneuvering clearance(s) in front of toilet(s)
Page 2 of 11
S:AAAI3\KSutton\AGENDA'S AND RESULTS\DEC IS ION S\2015\042715\Thornes Marketplace,150 Main St.,Northampton(V 14-347).doc
� V Va
z
ems.
Charles D.Baker
Governor
� Q�/ �j y�i y �+ Thomas G.Gatzums,P.E.
Karyn E.Polito \\ p n9 P e/ 09LP� �7/-/.G/-Or/ Commissioner
Lieutenant Governor
ow,c Thomas P.Hopkins
Daniel Bennett Director
Secretary
L'GY.fltlf-.�b0
FINAL DECISION OF THE ARCHITECTURAL ACCESS BOARD
Date: May 13,2015
Name of Property: Thornes Marketplace
Property Address: 150 Main Street,Northampton
Docket Number: V14-347
Date of Hearing: April 27,2015
Enclosed please find a copy of the decision relative to the above mentioned matter.
Sincerely:
ARCHITECTURAL ACCESS BOARD
By:
Kate Sutton, Program Coordinator/Clerk for Proceedings
cc: Local Building Inspector
Local Commission on Disabilities
Local Independent Living Center
Page 1 of 11
S:\AAB\KSutton\AGENDA'S AND RESULTS\DECISIONS\2015\042715\Thomes Marketplace,150 Main St.,Northampton(V14-347).doc