2018-10-31 AAB amendment letterOctober 31, 2018
To: Massachusetts Architectural Access Board,
RE: Amendment Application Docket # V 18 236
Thornes Marketplace LLC
150 Main Street, Suite 310
PO Box 686, Northampton, MA 01061
E-mail: jon@thornesmarketplace.com
Telephone: 413.582.9970 ext. 110
Architect for this submission to the:
Thomas Douglas Architects
196 Pleasant Street
Northampton, MA 01060
413-585-0641
douglas@tdouglasarchitects.com
RE: Lower Level 2, accessible route to existing passenger elevator.
Dear Architectural Access Board,
Attached is an amendment to our variance request Docket # V18-236. On August 1, 2018
the Board denied our variance request and we requested a hearing to submit more
information. However, this request should have been submitted as an amendment to our
May 13, 2015 (Docket # V 14-347) decision. Since the time period for submission of an
amendment to V 14-347 decision expired, we are asking the Board to allow us to reopen
V 14-347 so that we can appeal and submit the enclosed amendment information
regarding the variance request. We understand this requires a vote by the Board.
A. Submission History:
On May 22, 2012 (Docket # V 14-347) the Architectural Access Board granted a
variance to modify a main public entrance from the adjacent city owned parking garage
into the rear of Thornes. The project created a vestibule with double doors on each end.
The doors are power operated and provide an easy access from accessible, covered
parking spaces into the main level (level 1) of Thornes Marketplace.
On May 13, 2015 (Docket # V 14-347) the Architectural Access Board granted 15
variances. Regarding the amendment in our new 2018 application, the variance granted in
2015 was:
On level LL2 there is a public entry to the building from the adjacent exterior parking lot.
This entry leads to a hallway with an existing elevator which accesses all floors above.
(Floors LL2, LL1, 1, 2, 3). In front of this elevator is a ramp with slopes exceeding 521
CMR. The slope varies between 9.5% and 19%. The floor slopes up to the elevator
threshold and thus there is no level area in front of the elevator. There is a cross slope of
8.3% on one side.
The Board granted a 3-year time variance (by May 1, 2018) to bring this ramped area into
compliance.
On July 12, 2018 (Docket # V18-236) Thomas Douglas Architects submitted a variance
request asking the board to eliminate the requirement to bring this ramp into compliance,
IE, to accept the existing ramp in its non-modified condition. The request was
accompanied by a description of hardship- stating that the resulting work bringing the
ramp into compliance would create a safety hazard at the surrounding employee doors.
Current: October 31, 2018 Amendment Request (Docket # V18-236). Thomas Douglas
Architects and the Thornes Marketplace LLC would like to submit further evidence
clarifying the above-mentioned hardship.
B. General Building information:
Thornes Marketplace is a downtown former department store situated on Main Street in
Northampton, MA. It was constructed as a small single merchant store and thru many
additions over the course of 100 years, grew to a 76,000 square foot, 5 story building
housing multiple retail and office tenants with entrances on 3 different facades at 3
different levels. It has a maximum occupancy of 380 people. There is a public elevator
accessing all 5 levels of the building (LL2, LL1, 1, 2, 3).
In the 1980’s the City of Northampton constructed a 4-story parking garage behind
Thornes with a bridge connecting the two structures on Level 1 of Thornes for direct
accessible entry. Additionally, there is 1 accessible entrance at Main Street (at grade), one
accessible entry and one non-accessible entry on the rear parking garage side (at grade
and via stairs), one non-accessible entry on an adjacent side street (via stairs).
Level LL2
1) This is the lowest level of the building and is accessed on the rear façade of the
building and from stairs/elevators above. There is an accessible public entry here into
a hallway and stair. The existing elevator is accessed via a long hall that ends in an
existing non-compliant (too steep) floor ramp up to the elevator entry. The passenger
elevator measures 51 inches by 81 inches.
2) This entry functions as the main delivery area for all building tenants There is a
freight elevator down the hallway near the passenger elevator.
3) This is a lightly trafficked public entry and is near a parking lot and garage.
4) This entry is adjacent to the 4-story city parking garage. The exterior entry to Thornes
at this location is 173 feet or 53 steps from an elevator in the neighboring parking
garage.
5) Our request, involving constraints to making this ramp compliant, are outlined below
in section 2.
Level 1
1) Also, on the rear façade of Thornes, two levels above LL2, there is a highly trafficked
public entry (an enclosed bridge) to Thornes from the adjacent city parking garage.
There are multiple accessible parking spaces next to the walkway to Thornes. This is
the shortest and most direct route from Thornes to public parking spaces and it is
constantly used for public entry.
2) There is an existing accessible front double door from the Main Street sidewalk to
Thornes on this level. This entry accommodates more traffic than any other entry in
Thornes. There are accessible parking spaces on Main Street near Thornes.
C. Constraints, Why compliance is impracticable.
Lower level 2, Accessible route from exterior entry door to existing passenger
elevator: Ramp at Elevator.
1) In our 2014 variance request, we originally thought we could extend the ramp leading
to the elevator in this area We would create a new floor with a lower slope and have a
compliant ramp. To create an accessible route to the elevator, we need a longer ramp
in this hallway; however, there are multiple doors in the hallway which severely limit
a longer ramp in any location. With detailed investigations and closer consultation
with the Thornes staff, we found that compliance is impracticable due to building
elements that we are unable to alter. They are:
2) Boiler room door. This door allows access into the boiler room and is adjacent to the
mechanical room. It looks like you could gain access thru the Boiler room into the
mechanical room and avoid the problem stated above, however this is not possible.
The main electrical service equipment in this room prevents us from installing a new
door leading to the mechanical room.
3) Janitor Closet door. This door would not be negatively affected by a ramp in front of
it.
4) Freight Elevator door and freight elevator machine room doors. A ramp cannot be
placed in front of these doors. A ramp would require the freight elevator cab and door
to be raised. Currently the door head has steel framing around it and it would be cost
prohibitive to alter if the floor was raised for a ramp in front of it. See photo C.
5) Mechanical room door: If we extended the ramp to make a lower slope, a dangerous
condition for employees would be created at the mechanical room door and steps.
i) The ramp would pass in front of the mechanical room door and be a sloping
stepped entry to this already steep mechanical room stair. The existing stair
inside the mechanical room cannot be moved because of the boiler room
location and multiple mechanical systems.
ii) Originally, we felt this would not be a problem, however the owner realized
that there is constant foot traffic to this mechanical and storage area by the
building staff. The trade-off for making a more accessible and safer entry to the
elevator was the creation of a dangerous condition for the staff.
iii) The owner decided this was not an acceptable risk for the employees. The
owner’s opinion was that the benefits for improved safer accessibility were
outweighed by the sacrifices to employee safety.
iv) We feel that there are other options outlined below that would maintain a safe
accessible route to the upper floors. Therefore, we would like to amend our
2014 promised work for this area and ask that we be allowed to keep the non-
compliant existing conditions in place.
v) The existing conditions at this ramp do not comply with MAAB sections:
(1) 20.1 lack of compliant accessible route
(2) 24.2.1 Lack of compliant ramp slopes
(3) 24.4.5 Non-compliant ramp landings
D. Solutions
Since it is impracticable to locate a new longer ramp in the hallway to this LL2 elevator
we would like to request relief from the accessibility requirements here. We can however
make viable improvements.
1) We propose adding way-finding signage at this exterior Thornes entry. The public
elevator in the neighboring garage is easy to access and there is direct entry from the
garage exterior which is the side facing Thornes. There is no vestibule or building
door to go through. The walk to the garage elevator is on a flat concrete sidewalk and
is almost visible from the Thornes entry. From the lower level Thornes exterior entry,
we could easily direct people to the garage elevator and they can go up 2 levels to
enter Thornes thru the accessible bridge connecting the two buildings. We can add
signage at multiple locations around the rear of Thornes directing people to the
garage. Please see the attached site plan for signage locations.
2) We propose the installation of a continuous handrail on one side of the ramp (the
inside and shortest path to the elevator), and another handrail (not continuous) on the
opposite wall. See drawings.
3) We propose painting the floor a lighter color so that the sloping areas are more
visible. We will also a more extensive walk off mat that covers the smooth surface of
the existing concrete floor. We feel a more textured surface will give a wheel more
grip.
E. Work completed since the 2012 request.
1) All accessibility upgrades that have been promised to the board have been completed
with the exception of reconfiguring the level 2 Women’s bathrooms to make them
accessible. We ask for 1 more year to complete this work.
2) Additional accessibility upgrade: In 2014 we requested a variance for a non-
accessible, stepped route to the Men’s bathroom on the main level 1. The variance we
requested is not required. We decided to remove the floor in this area to examine the
underlying structure and found that we could ramp this area of floor allowing a
compliant ramped entry to the Men’s bathroom. This was an expensive reconstruction
but resulted in an important accessibility upgrade to the heavily used bathrooms on
this main level.
Thank you for your consideration of this proposed amendment.
Tom Douglas
Thomas Douglas Architects
196 Pleasant Street
Northampton, MA
01060
413-585-0641
douglas@tdouglasarchitects.com