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39A-76 (29) tlhex ramsnx2n reetah/0(e/I7ajacec /faell / Stale Adirr[d�/�."�i�'n�i�+/i>/'r��/ °TPg�n./nlinsm>r»i/��/'/�iilnti/o Michael S. Dukakis ,/(�1 rckai)II/ Y04 Office e-V&,iIdoII/ Governor. O _ (nn-<<eh/,Ai,t/eh/141114M .,Yleree,- Yinasx AYOI FOR STATE USE ONLY S'llis#, vita ueAaoef/a 02/08 Fee Reed: (617) 727-3200 Check No. Recd By: STATE BUILDING CODE APPEALS BOARD APPEAL APPLICATION FORM DATE: June 21 , 1990 DOCKET NUMBER: The undersigned hereby appeals to the State Board of Building Regulations and Standards from the decision of the: Building Official from the City/Town of: Northampton Board of Appeals from the City/Town of: Other Municipal Agency/Official entitled: State Agency/Oficial entitled: OTHER: Dated: May 29 19 90 having been aggrieved by such (Check Appropriate Space) X Interpretation X Order X Requirement X Direction 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 Sao al-tart-ton Statement of Appeal State briefly desired relief: See attached Statement of Appeal APPELLANT: David C. Macartney representing Quickbeam Realty Trust ADDRESS FOR SERVICE 45 Howard Street, South Easton, MA 02375 TelephoneNo. (508) 238-9471 ADDRESS OF PROPERTY INVOLVED: 492 Pleasant Street, Northampton, MA APPELLANT'S CONNECTION TO PROPERTY INVOLVED: agent for owner APPLAPLGI/90 STATEMENT QF APPEAL This appeal is entered on behalf of Quickbeam Realty Trust, owners of the property at 492 Pleasant Street, Northampton, which is the subject of this appeal. The subject property is a two story reinforced concrete building which is in excess of fifty years old. It is constructed of 8" thick concrete masonry unit walls, with cast-in-place concrete slab floors and roof approximately 11" thick supported by reinforced concrete columns. The building construction type per the Massachusetts State Building Code is 1A. The building currently is occupied by several tenants on the first floor which include both business (use group B) and mercantile (use group M) uses. The second floor was previously occupied by a business use, and the owner plans to change the use of the second floor to an assembly use (use group A-3) and to renovate the second floor to accommodate a new tenant, the Pioneer Health and Fitness Center. The tenant will operate a health and fitness center which specializes in serious-minded clients, such as athletes in training, under a five year lease. Because the area of the building exceeds 12,000 square feet, State Building Code Section 1202.4 requires that automatic sprinklers be installed in the assembly portion of the building. We seek relief from the requirements of Section 1202.4, based on the following factors: - Superior Construction: As stated above, this is a Type lA building, which is far in excess of the minimum construction type required for this use. Using the area limits established in Article 3, this use could be placed in a structure having a construction type classification as low as 3C or 4A. The use of a type lA structure significantly decreases the hazard presented by the intended new use, and is a mitigating factor which may be used as the basis for relief from Section 1202.4. - Ideal Exit Arrangement: The planned renovation will include the upgrading of an existing interior exit stairway, and the replacement of an existing fire escape with a noncombustible exterior exit stairway. The exits are remotely arranged, providing exit access in separate directions for the entire second story. The exit capacity after renovation will be 300 persons, which is well in excess of the maximum occupancy of 50-60 persons anticipated by the tenant for the specialized services to be provided. - Low Fire Loading: The actual occupancy has an extremely low fire load when compared to other assembly uses which fall under use group A-3 (e.g. restaurants, libraries, exhibition halls) . Not only will all interior partitions be noncombustible, but the specialized equipment particular to this tenancy such as free weights and other exercise machinery contributes little to the building's fire load. Statement of Appeal Page 2 In addition to the factors already noted, the subject building offers excellent access to fire fighting equipment, with open perimeter of at least 30 feet on all sides of the building, and the very nature of the construction affords excellent separation of the intended new use from the existing first floor uses. Recent renovations to the structure have included a Class A Carlisle ballasted roof covering and a new, efficient heating system. The Inspector of Buildings, Bruce Palmer, has indicated his support for the appeal, and is expected to appear and testify as to his opinion(s) with regard to this matter. The Fire Department has also notified Inspector Palmer that they do not object to the elimination of the sprinkler system due to the superior construction of the building. We therefore ask that this Board of Appeals grant a variance from the requirements of State Building Code Section 1202 . 4 , as the imposition of these requirements for this particular structure and use would represent a manifest injustice, and the relief which we are requesting does not derogate from the spirit or intent of the State Building Code. Respectfully submitted, C. David C. Macartney representing Quickbeam Realty Trust - N= r 11431143E�p anz7rzorzW•a Sad-uoeL �# 1.1zecatinie GAce Igo mad ,� �M � Reya: �,a.�rnnaa� Michael S r k Dukakis / eormachnide Governor Lite �� �tdkaxon 9%.,,, - Room, 1301 Kentaro Tsutsumi :iJo n> ./lfaaaa 4aae.4 02108 Chairman (617) 727-320(1 Charles 1. Dioezio Administrator DSTATE LD cont: APPEALSnon ,II qj '��' • October 19, 1990 "i( i;ri^-� Mr. David C. Macarmev 45 Howard Street South Easton, MA 02375 RE: Docket: #90-0S3 Property Address: 492 Pleasant Street Northampton We are pleased to enclose a copy of the decision relative to the above-mentioned case wherein certain variances from the State Building Code had been requested. Sincerely, STATE BUILDING CODE APPEALS BOARD Paul Piepiora / r ��✓ Clerk cc: State Building Code Appeals Board . � Oadi 3 • �L 1",.ectax ss a cf. ?Agit „ft Iffy Aiard c� .erda&>nta and j'la,zas a Michael S. Dukakis OF c „ e Mk __ Governor Azle "�"'.Y' are Sa/aatoze nem — A00411, '1801 Kentaro Tsutsumi .GiE4t o4Ctm, ✓ (a44aoe, 02108 Chairman (617) 727-3200 Charles J. Dinezin Administrator STATE BUILDING CODE APPEALS BOARD • Docket #90,083 Date: October 19, 1990 In accordance with MOL c143, Section 100 and the Commonwealth of Massachusetts State Building Code, this Appeals Board has found the following; The appellant. Ouickbeam Realty Trust, represented by David C. Macartney, on June 21, 1990,appealed to this Appeals Board the decision of the Building Official, City of Northampton, dated May 29, 1990. On July 26, 1990, a public hearing was held in Boston before members of the State Board of Building Regulations and Standards who acted as the Stale Building Code Appeals Board in which a majority of the said Appeals Board found in its opinion the enforcement of the Massachusetts State Building Code would do manifest injustice to the appellant and the relief requested would not conflict with the general objectives of the State Building Code and any of its enabling legislation. There were present at the said hearing: David C. Macartney, 45 Howard Street, S. Easton, MA 02375 Bruce Palmer,Building Official, 212 Main Street, Northampton,MA 01060 STATE BUILDING CODE APPEALS BOARD) Docket #90-083 Date: October 19, 1990 Docket Number: 90-083 Date of}leering: July 26. 1990 The appellant's representative testified that the property is located at 492 Pleasant Street in. Northampton, Ma. The subject building is a two story reinforced concrete, Type 1-A, structure in excess of fifty years old. The first floor contains 12,000 sq. ft. and the second floor is approximately 8,000 sq. ft. area. The building is , occupied by several tenants on the first floor. These tenants include both business and mercantile uses. The second floor is pianned to be used as an A-3 use; namely the Pioneer Health and Fitness Center. Because the area of the building exceeds 12,000 square feet, Section 1202.4 requires the installation of an automatic sprinkler system in the assembly area.The appellant is seeking relief from this section requiring the fire suppression system based on the facts that: 1) The existing building is of superior type of construction compared to the lesser types of construction allowed by code for construction of new facilities; 2) The egress arrangement and capacity is proven to accommodate an occupancy load of 300 people far in excess of the anticipated occupancy of 50 to 60 persons; 3) The low fire loading of this type of assembly use. The local inspector testified that because the building will contain an assembly use and exceeds 12,000 sq. ft. as outlined in Section 1202.4, the reading of this section allows for an interpretation that the fire suppression system is required.The inspector also indicated his support in granting a variance from this section citing the appellant's reasoning. Following testimony, the Board agreed that the local inspector had correctly interpreted the building code, and that the change of use on the second floor did trigger the installation of a fire suppression system. The Board focused on the facts that the local inspector supported this variance request and that the Fire Department did not object to the elimination of the sprinkler system. The Board felt that the superior construction type, the ample egress system and low fire grading justify the elimination of this requirement. In granting this variance the Board stipulated that an automatic fire alarm system be installed along with the required manual fire alarm and that exterior light(s) and horn(s) be installed to warn other occupants of building. STATE BUILDING CODE APPEALS BOARD Docket #90-083 Date: October 19, 1990 SO ORDERED The following Board Members were present and voted in the above manner: ChairmS ` b. ohteu, eer & Thomas E. Donovan iiiiclas Cole Smith Joseph J. Ceellucci A true copy attest, dated /O /6 4'-'' i. ,/,/ M, Clerk Paul Piepiora — Any person aggrieved by a decision of the State Building Code Appeals Board may appeal to a court of competent jurisdiction in conformance with Chapter 30A, Section 14 of the General Laws.