31B-287 AAB applicationPage 1 of 5 Rev, 08/12
The Commonwealth of Massachusetts
Department of Public Safety
Architectural Access Board
One Ashburton Place, Room 1310
Boston Massachusetts 02108-1618
Phone: 617-727-0660
Fax: 617-727-0665
www.mass.gov/dps
Docket Number
____________
(Office Use Only)
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:
Everyday Mindfulness, LLC; Ruth Folchman, PsyD, CGP
E-mail: ruth@drruthfolchman.com
Telephone: 1-413-582-6900
Page 2 of 5 Rev, 08/12
2. State the name and address of the building/facility:
Everyday Mindfulness
40 Center Street
Northampton, MA 01060
2. Describe the facility (i.e. number of floors, type of functions, use, etc.):
This two-story building was constructed in the 1860s originally as a house. Most recently
there was a legal office downstairs, and 2nd floor included an unused back area (previously
legal offices), and two other offices used for 15+ years by psychotherapists: now my
individual psychotherapy office and a small group/class room. This entire building has been
completely inaccessible to anyone requiring accomodations, and extremely steep stair
access to second floor made it challenging for everyone, especially those with any physical
limitations.
4. Total square footage of the building: 2,962 (gross) Per floor: 1,481 (gross)
a. total square footage of tenant space (if applicable): Rented/rentable space on the first
floor: 730 sq. feet; second floor: 656 sq. feet.
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):
Significant interior renovations on 1st & 2nd floors. The first floor will now be fully accessible,
with a large community classroom, small kitchen area, two accessibile bathrooms, and two
clinical offices. The front entrance is exclusively for the large group room; the primary
entrance for all other offices will be accessed through an improved rear entrance, with the
addition of a wheelchair ramp, with partial canopy. Access to the two first floor offices and all
of the second floor is moved to the back of the building, with an existing staircase and six
offices of varying sizes, and addition of one accessible bathroom, and a waiting room.
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 pages.
8. Is the building historically significant? ____yes X no. If no, go to number 9.
8a. If yes, check one of the following and indicate date of listing:
____________ National Historic Landmark
Page 3 of 5 Rev, 08/12
____________ Listed individually on the National Register of Historic Places
____________ 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 pages.
10. Has a building permit been applied for? No
Has a building permit been issued? N/A
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: N/A____________________________________________________________
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:
$$414,503.00
12. Have any other building permits been issued within the past 36 months? No
12a. If yes, state the dates that permits were issued and the estimated cost of construction
for each permit: N/A_________________________________________
13. Has a certificate of occupancy been issued for the facility? Yes
If yes, state the date: 2/15/2012
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: $204,730.00
Is the assessment at 100%? Yes
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:
Permit/architectural drawings and construction estimates are completed, not yet submitted.
Page 5 of 5 Rev, 08/12
ARCHITECTURAL ACCESS BOARD VARIANCE APPLICATION
SERVICE NOTICE
I, Ruth Folchman ______________, as (self)____________________
for the Petitioner, Ruth Folchman, submit a variance application filed with the Massachusetts
Architectural Access Board on ________________
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
SERVED
METHOD OF SERVICE DATE OF
SERVICE
1
Louis Hasbrouck, Building Commissioner
212 Main Street, Northampton, MA 01060
2
Northampton Commission on Disability
67 Conz Street, Northampton, MA 01060
3
Stavros Center for Independent Living, Inc
210 Old Farm Road, Amherst, MA 01002
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 _____________________ Day of ___________________________ 20 ________________
PERSONALLY APPEARED BEFORE ME THE ABOVE NAMED
________________________________________________________________________________
(Type or Print the Name of the Appellant)
________________________________ _______________________________
NOTARY PUBLIC MY COMMISSION EXPIRES
“Everyday Mindfulness – 40 Center St” - Variance application amendment - Attached page 1/2
Attached page for “Everyday Mindfulness, 40 Center Street” variance application amendment.
Docket #V16-169
Question # 7 - “State each section of the Architectural Access Board's Regulations for which a
variance is being requested” (2006 Regulations)
25.1 - “All public entrances of a building or tenancy in a building shall be accessible...”
26.5 - “All doorways and openings that are required to be accessible shall have a clear opening of not
less than 32”
26.6.3 - “Pull side clearances shall comply with Fig.26d”
26.6.4 - “Push side clearance shall comply with Fig.26e..”
28.1 - “In all multi-story buildings and facilities, each level … shall be served by a passenger elevator.”
*Though referenced in the June 10 2016 Notice of Action denial statement, we are not seeking variance
for the following sections:
Section 27 – Stairs – All requirements will be met. Regarding rail extensions (27.4.3), those on the
lower landing will be omitted for lack of space, as permitted by part (c) of that subsection.
Section 30 – Public Toilets – All requirements will be met. A unisex accessible toilet will satisfy
requirements at the second floor location.
Question # 9 - “For each variance requested, state in detail the reasons why compliance with Board's
regulations is impracticable...”
25.1 Entrances – General - “All public entrances of a building or tenancy in a building shall be
accessible...”
We request variance of 25.1 for the front building entrance for 'impracticability' due to excessive costs
per benefit. An accessible ramp is being built at the rear of the building, which will also function as the
primary entrance for all clinical offices. The additional cost to build a second ramp at the front of the
building is estimated at $42,895.00 (see 'A-5 Alternate' architectural drawing). Note that the building
area is only 1,481 SF per floor.
26.5 Doors & Doorways – Width - “All doorways and openings that are required to be accessible shall
have a clear opening of not less than 32”
Due to limited space between structural columns and the existing bathroom wall, the second-floor front
rightside office does not have enough room for a door wider than 30”. See remarks for our section 28.1
variance request. Also, the second-floor existing toilet room's 30” door will be retained. A new
accessible unisex toilet room will be available on the same hallway.
26.6.3 Doors & Doorways – Pull side clearances - “Pull side clearances shall comply with Fig.26d”
The second-floor existing toilet room’s fixtures are being retained. As such, the pull side clearance for
that door is limited. A new accessible unisex toilet room will be available on the same hallway.
26.6.4 Doors & Doorways – Push side clearances - “Push side clearance shall comply with Fig.26e..”
“Everyday Mindfulness – 40 Center St” - Variance application amendment - Attached page 2/2
Due to limited space between structural columns and the existing bathroom wall, the second-floor front
rightside office does not have the required 12” of clearance on the latch side of the door from the
hallway. See remarks for our section 28.1 variance request.
28.1 Elevators - “In all multi-story buildings and facilities, each level … shall be served by a
passenger elevator.”
We request variance on section 28 requirements for 'impracticability' due to excessive costs per benefit.
Additional construction costs to build a compliant lift is $41,055.00; and to include an elevator with the
necessary two-story vestibule is $216,635.00 plus increased annual costs for the required service
contract. Rather than adding a new elevator or wheelchair lift, we will accommodate customers at the
first floor rear corner office (as indicated on floor plan) on an as-needed basis. Offices on either floor
will typically be shared by multiple clinicians.
All lessees will have this language as part of their lease:
“The downstairs office #1 is a dedicated, fully accessible and furnished space available to all lessees
without cost and on an as-needed basis, with scheduling managed via a shared calendar.”
VanNattaBuilds Custom Construction and Renovation
403 South Mountain Road, Northfield MA, 01360:::::::413.834.5329::::::jim@VanNattaBuilds.com
Estimate – 40 Center St – 6/27/16 plans
June 28, 2016
Dr. Ruth Folchman PsyD
Everyday Mindfulness
40 Center St
Northampton MA
01060
I am pleased to present the following Estimate for interior work to build out offices,
toilet rooms, group room, and exterior work for ramps at the front and rear entries and
sidewalk. Please reference plans dated 6/27/16.
General Conditions
Project supervision
Dumpsters
Temporary facilities
Asbestos removal
Removal of approx 35 feet of pipe wrap
Containment of crawl space and removal of contaminated soils
Excavation
Excavate for ramp frost walls
Place and compact fill as required for concrete ramp
Rough grade at exterior
Concrete
Frost walls and ramps as per plans. Sidewalk
Masonry-allowance
Demolish and rebuild front steps for code compliance
Brick with bluestone steps
Landscaping and misc. allowance
Finish grade and plantings
Demolition Labor
As required for office buildout
Includes walls, ceilings, stairs, ductwork
Rough Carpentry
Framing of walls, patching and blocking
Finish Carpentry
Installation of all trim work on windows and doors and base, Installation of replacement
and new windows and doors.
Exterior windows and doors
Cost to supply new windows to fit into existing exterior window casing and windows at
new locations
Windows at second floor level – Paradigm Vinyl double hung with screens
Cost to supply new exterior door at street and back entrances
Entry door and sidelights Thermatru – Smooth Star
Misc metals – steel
Allowance for steel railing at ramp
Appliances allowance
For frig and microwave
Specialties
Grab bars and toilet accessories
Insulation
Closed cell spray foam insulation in walls and roof
Roofing Allowance
Asphalt architectural shingles for dormer roof and canopy
Drywall
Finished interior ready for paint
Painting
Interior – prime and two coats flat
Exterior – to match existing color and sheen
Flooring allowance
Vinyl sheet at toilet rooms
Wood floor at Group room
Carpet at offices and halls and stairs
Plumbing
Cast iron waste and copper supplies for four toilet rooms and break room
Heating/Cooling
Design-Build gas heating, air conditioning, ventilation
Electrical
Design-Build lighting, switching, power outlets
Control wiring for HVAC, Power and control wiring for door operator
Sales tax on Materials
Overhead and profit on Materials and Subcontractors
Building permit
Fee and preparation
Cost summary
40 Center Street
Estimate 3 - with front ramp, back ramp
and sidewalk
Plan date 6/27/16
Updated 6/28/16 Total
General Conditions 25,350
Asbestos removal 3,345
Excavation-ramp allow. 3,600
Concrete-back ramp 7,850
Concrete-sidewalk allowance 7,500
Front ramp-allowance 42,895
Masonry - front step- allow. 7,500
Landscaping and misc allow. 1,500
Demolition Labor 10,275
Rough carpentry 43,815
Finish carpentry 13,755
Exterior windows and doors 10,598
Misc Metals - steel 10,250
Appliances allowance 1,000
Specialties 2,875
Insulation 35,925
Roofing allowance 1,500
Drywall 15,900
Painting 12,355
Flooring allowance 17,070
Plumbing 27,750
Heating/Cooling 33,306
Electrical 34,850
Sales tax - materials 2,512
Overhead and profit 15% 38,727
Sub total 412,003
Building permit 2,500
Total 414,503
Licensed Construction Supervisor, number 040620
Registered Home Improvement Contractor, number 132102.
Lead – Safe Certified Firm, number NAT–45609-1
James Van Natta