31B-287 (4) The Commonwealth of Massachusetts 7
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*4, c Department of Public Safety
I1I
(( Architectural Access Boar •
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ee One Ashburton Place, Room 1310
Boston, Massachusetts 02108-1618 Daniel Bennett
Secretary
Charles E Baker
Governor Phone 617-727-0660 Mattcadlin
Commissioner
Katyn E Palern Fax 617-727-0665
Lieutenant Governor Thomas P.Hopkins
• www.mass.gov/dps. • _ - Eaewuve Director
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TO: Local Building Inspector Docket Number V16 169
Local Disability Commission
Independent Living Center
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FROM: ARCHITECTURAL ACCESS BOARD
RE: Everyday Mindfulness -
40-Center Street
Northampton " - •
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' Date: 6/10/2016 • • • . •
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Enclosed please find the following material regarding the above location: •
Application for Variance - 4 Decision of the Board cd/aer'�
Notice of Hearing Correspondence •
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Letter of Meeting - • r
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.may assist the Board in reaching
a decision in this case, you may call this office or you may submit comments in
writing. •
the Commonwealth of Massachusetts
Department of Public Safety •
t Architectural Access Board
One Ashburton Place, Room 1310
• Boston, Massachusetts 02108-1618 Daniel Sennett
Secretary
Charles D.Baker
Governor Phone 617-727-0660 Matt Carlin
Commissioner
Karyn tGoE.Governor Fax 617-727-0665
ito
Lieutenant Governor Thomas P.Hopkins
WW.mass.gov/dps, e aD n or
w
• Docket NumberV 16 169
• NOTICE OF ACTION
RE: Everyday Mindfulness, 40 Center Street Northampton •
1. A request for a variance was filed with the Board by Ruth Folchman, PsyD, (Applicant)on May 20, 2016-
The applicant has requested variances from the following sections of the 06 Rules and Regulations of the Board:
Section: Description:
The-design of corbinercial buildings shall comply with 521 CMR, except as specified or modified
in 521 CMR 11100. Commercial buildings are public buildings as defined.in 521 CMR and shall
include but not be limited to. the part or parts of buildings where a service or product is offered to
the public and into which a member of the public may enter including but not limited to: doctors;
dentists', and counseling offices, chiropractors',psychologists' and psychiatrists'offices, lawyers', .
and accountants' offices, insurance companies,veterinarians,realtors, travel agents, as well as city
'and town halls and facilities. •
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2. The application was heard by the Board as an incoming case on Monday, June 6, 2016
3. After reviewing all materials submitted to the Board, the Board voted as follows: • •
DENY: the variance request for 521 CMR Section 11.1. The Board determined that because the spending on the -
project was reported to be$373,000 in question#11a of the variance application, and that the assessed value of the
• building is reported to be$204,730 in question#15 of the application, 521 CMR Section 3.3.2 is triggered and full
compliance is required for all of the public areas of the building. Customers of"Everyday Mindfulness"and the
proposed sublet business spaces proposed for the second floor are considered "members of the public". Therefore, an .
amendment to the current variance Docket V16 - 169, is required by the Board. The amendment should include all of
the individual variance that are needed to comply with 521 CMR. They may include, 25.1 for entrances, 28.1 for vertical • -
access, 30.1 for toilet rooms, 27 for stairs and handrails, 26 for doorway clearances eta The architect of record for the
should be able to assist with the required amendment. The material to be submitted must include cost estimates and •
test drawings depicting why"impracticability"exists, (see definition of impracticability in 521 CMR Section 5) '
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PLEASE NOTE:All documentation(written and visual) verifying that the conditions of the variance
have been met must be submitted to the AAB Office as soon as the required work is 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 an adjudicatory hearing. If after 30 days, a request for an-
adjudicatory hearing is not received, the above decision becomes a final decision and the appeal process is through
Superior Court. - -�
Date: June 10, 2016
Watt- 14 /j 7:71
• cc: Local Disability Commission Chairperson
Local Building Inspector - ARCHITECTURAL ACCESS BOARD
Independent Living Center • - -
The Commonwealth of Massachusetts
`., Department of Public Safety Docket Number
_1 1 ,If Architectural Access Board
7 l f ./ One Ashburton Place,Room 1310
(Office Use Only)Boston Massachusetts 02105-1618
Phone: 617-727-0660
Fax: 617-727-0665
www.mass.gov/dps
REQUEST FOR ADJUDICATORY REARING
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 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