03/09/2011 ZONING BOARD OF APPEALS Minutes

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MAS14PEE ZONING BOARD OF APPEALS MARCH 9, 2011 MINUTES • If the rump changes direction at landings the landing size shall be 60 inches by 60 inches. A minimum of 18 inches 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. Section 25.1 of 521 CMR states in part that all public entrances of a building or tenancy in a building shall be accessible. The original plan presented to Plan Review showed one public entrance to the front of the building. The building now has two public entrances but only one entrance is accessible; this is a code violation. Because of the code violations observed I believe the Building Department should do a final inspection of both the interior and exterior of the building. Building Commissioner Richard Stevens's response dated March 91h: Local Inspector Charlie Maintanis's comments regarding accessibility @ 153 Commercial Street are all valid. I have been in contact with the owners, Capewide Development, and they are aware of all these issues. I have asked for and received an affidavit regarding final compliance. • Also, the owners have applied to the Architectural Access Board for a variance to the number and location of required ramps and we await their decision. The Building Department will monitor the situation and perforin all required inspections for compliance once a determination has been made by the Architectural Access Board. • The Architectural Access Board (AAB) develops and enforces regulations designed to make public buildings accessible to, functional for, and safe for use by persons with disabilities. Mr. Rowley said that some of the standards which the AAB regulates include height, slope, pitch of ramps and the necessity for installation of railings, as well as the size and width of parking spaces. At his most recent visit of the property, Mr. Rowley said that there were problems with the drainage areas, which the Petitioner has confirmed will be resolved. The Board expressed concern that the boulders placed a few feet back from the pavement will create a driving hazard. Mr. Bonvie mentioned DPW Director Catherine Laurent's reference to emergency access to Commercial Street. Mr. Nelson admitted that road conditions have deteriorated, but the responsibility to repair the road lies with the owner of the subject property, not with the tenant. 2