HomeMy WebLinkAbout15 hinckleyvarianceapplication Commonwealth of Massachusetts
Division of Professional Licensure Docket Number
Office of Public Safety and Inspections
Architectural Access Board (Office Use Only)
1000 Washington St., Suite 710 • Boston • MA•02118
V: 617-727-0660 • www.mass.gov/aab
APPLICATION FOR VARIANCE
INSTRUCTIONS: k/t
1) Answer all questions on this application to the best of your ability. jUNGQepr
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a. https:/ /ation on www.m ssheov/qu nce d s/a Process
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2) Attach whatever documents you feel are necessary to meet the standard of OFBgA
impracticability laid out in 521 CMR 4.1. You must show that either: Ns'laze
a. Compliance is technologically infeasible, or
b. Compliance would result in an excessive and unreasonable cost without any
substantial benefit for persons with disabilities.
3) Sign the certification on Page 8.
4) If the applicant is not the owner of the building or his or her agent, include a signed letter
from the owner granting permission for you to apply for variance.
5) Serve copies of the completed application and all attachments via electronic or physical
delivery based on the recipient's preference to:
a. Local Building Department,
b. Local Commission on Disability (if applicable in the town where the project
is located) (A list of all active Disability Commissions can be found at:
https://www.mass.gov/commissions-on-disabilit ), and
c. The Independent Living Center (ILC) for your area.
(Your ILC can be found at: httl)://www.masiIc.orci/findacente_r.)
6) Complete the Service Notice included with the Application and sign it.
7) Deliver the completed Application and all attachments to the Board via electronic or
physical delivery:
a. Electronic:
i. Applications should be sent via email to william.'o ce mass. ov &
brad ley.souders&.mass.gov.
ii. The email submission must have the subject line: Variance
Application - <Address>, <City>
iii. The application and all attachments must be in .pdf format
iv. The application and all attachments should be included in a single email,
except where that email would exceed 15 megabytes in size.
v. Please submit the $50 filing fee via check or money order via mail to the
mailing address listed above with either a cover letter or, "Variance -
<Address>, <City>" in the memo line.
b. Physical
i. Applications should be sent to the mailing address listed above and must
include:
1. The completed application and all attachments.
2. A copy of the application and all attachments on a CD/DVD (Thumb
Drives will not be accepted),
3. The completed and signed Service Notice.
4. A check or money order in the amount of$50 dollars, made out to
the Commonwealth of Massachusetts.
ii. Please ensure that all documents included are no larger than 11" x 17".
iii. Incomplete applications will be returned via regular mail to the applicant
with an explanation as why it was unable to be docketed.
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.
1. State the name and address of the building/facility:
Pizza Lab by Pain d'Avignon
15 Hinkley Road
Hyannis, MA 02061
2. State the name and address of the owner of the building/facility:
Lion, LLC
15 Hinckley Road
Hyannis, MA 02061
E-mail:mario@paindavignon.com
Telephone: 1 818 389 3545
3. Describe the facility i.e. number of floors, tyee of functions, use, etc.):
Pizza Restaurant with separate entrance, one floor connected to an existing
Bakery and Restaurant, same owner/operator. Seats 18 (Counter and Bar)
Page 2 of 9 Rev, 9/21
4. Total square footage of the building/facility: 19,657
Per floor: 19657
a. Total square footage of tenant space (if applicable): 1405
5. What was the original year of construction for the building/facility: 1985
6. Check the nature of the work performed or to be performed:
❑ New Construction ❑ Addition
DReconstruction/Remodeling/Alteration F Change of Use
7. Briefly describe the extent and nature of the work performed or to be performed (use
additional sheets if necessary):
Construction includes: Marble tile floors,wainscotting, pendant lighting,fire sprinklers, industrial coffee roaster,
gas/wood-fired, brick pizza oven,small food prep kitchen, refrigeration,3 bay sink, handwash station,
glasswasher, bar, dining counters,small storage room, handicap accessible bathroom, multi-unit split/HVAC
system and hand painted murals. Handicap chair lift with automatic entrance door already installed.
Cost of work estimate is at$325,000.00
8. Is the building or facility historically significant? Oyes (�)No
a. If yes, check one of the following and indicate date of listing:
❑National Historic Landmark
❑Listed individually on the National Register of Historic Places
❑Located in a Registered Historic District
❑Listed in the State Register of Historic Places
❑Eligible for listing
(in which registry?)
Page 3 of 9 Rev,9/21
b. If you checked any of the above and your variance request is primarily based upon the
historical significance of the building, you must complete the ADA Consultation Process
of the Massachusetts Historical Commission, located at 220 Morrissey Boulevard,
Boston, MA 02125.
9. Which section(s) of the Board's Jurisdiction (see Section 3 of the Board's Regulations) has
been triggered?
2.6F-] 3.2❑ 3.3.1(a)[:] 3.3.1(b)[:] 3.3.2❑ 3.3.4❑ 3.4
10. List all building permits that have been applied for within the past 36 months, include the
issue date and the listed value of the work performed:
Permit# Date of Issuance Value of Work
22-4277 9/26/22 $ 19,000.00
22-197 9/14/22 $ 250.00
23-104 5/5/23 $ 2,500.00
(Use additional sheets if necessary.)
11. List the anticipated construction cost for any work not yet permitted or for any relevant work
which does not require a permit:
12. Has a certificate of occupancy been issued for the facility? Oyes No
If yes, state the date it was issued:
13. To the best of your knowledge, has a complaint ever been filed with the AAB on this
building or facility relative to accessibility? Yes 0 No
a. If so, list the AAB docket number of the complaint
14. For existing buildings or facilities, state the actual assessed valuation of the
BUILDING/IMPROVEMENTS ONLY, as recorded in the Assessor's Office of the
municipality in which the building or facility is located: $ 1 .706,500.00
Is the assessment at 100%? Yes to
If not, what is the town's current assessment ratio? 0%
15. State the phase of design or construction of the facility as of the date of this application:
Lift is installed, Pizza Restaurant use in design stage
Page 4 of 9 Rev,9/21
16.
Request#1 Types of Attachments for this Request:
s for which you are seeking relief: 28.1 2.1 ❑✓ Floor/Site Plans,[:]Cost Estimates,
Section
(s) y g QPhotographs,❑Test Drawings,
Are you seeking temporary relief O Yes *No ❑ other(s):
If yes, when do you propose to be in compliance by:
Please describe in detail why compliance with the Board's regulations are impracticable (as defined in
521 CMR 5) for the subject of this request, and attach whatever documents are relevant to support
your argument that compliance is impracticable (attach additional pages if necessary, please identify
which request each attachment is in support of):
see attached
Request#2 Types of Attachments for this Request:
Section [:] Floor/Site Plans,[:]Cost Estimates,s)for which you are seeking relief: _ ❑Photographs,❑Test Drawings,
Are you seeking temporary relief 0 Yes O No ❑ other(s):
If yes, when do you propose to be in compliance by: ?
Please describe in detail why compliance with the Board's regulations are impracticable (as defined in
521 CMR 5) for the subject of this request, and attach whatever documents are relevant to support
your argument that compliance is impracticable (attach additional pages if necessary, please identify
which request each attachment is in support of):
Page 5 of 9 Rev,9/21
Request#3 Types of Attachments for this Request:
s for which you are seeking relief: EJ Floor/Site Plans, dost Estimates,
Section
(s) h y g ❑Photographs,❑Test Drawings,
Are you seeking temporary relief 0 Yes 0 No ❑ Other(s):
If yes, when do you propose to be in compliance by: ?
Please describe in detail why compliance with the Board's regulations are impracticable (as defined in
521 CMR 5) for the subject of this request, and attach whatever documents are relevant to support
your argument that compliance is impracticable (attach additional pages if necessary, please identify
which request each attachment is in support of):
Request#4 Types of Attachments for this Request:
❑
SectionFloor/Site Plans,❑Cost Estimates,s)for which you are seeking relief: ❑Photographs,❑Test Drawings,
Are you seeking temporary relief OYes 0 No ❑ Other(s):
If yes, when do you propose to be in compliance by: ?
Please describe in detail why compliance with the Board's regulations are impracticable (as defined in
521 CMR 5)for the subject of this request, and attach whatever documents are relevant to support
your argument that compliance is impracticable (attach additional pages if necessary, please identify
which request each attachment is in support of):
Page 6 of 9 Rev, 9/21
If you require more than 4 requests, please use the Additional Request Sheet and
complete the Large Variance Tally Sheet, both of which are available on the "Forms and
Applications" page of the Board's website (httr)://www.mass.(,ovlaab).
17.State the name and address of the architectural or engineering firm, including the name of
the individual architect or engineer responsible for preparing drawinos of the facility:
E-mail:
Telephone:
18. State the name and address of the building inspector responsible for overseeing this
p ra ect:
Brian Florence, Town of Barnstable
E-mail: brian.florence@town.barnstable.ma.us
Telephone: 508 862-4038
Page 7 of 9 Rev,9/21
6/23/23 Mario Mariani Digitally signed by Mario Mariani
Date:2023.06.23 15:31:19-04'00'
Mario Mariani
Pain d'Avignon
15 Hinkley Road
Hyannis MA 02061
mario@paindavignon.com
SERVICE }NOTICE
as
(Name) (Relationship to the applicant)
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:
I
NAME AND ADDRESS OF PERSON OR AGENCY METHOD OF DATE OF
SERVED SERVICE SERVICE
Brian Florence USPS & email
I Town of Barnstable
Building 200 Main Street6/23/23
Department
Hyannis, MA
2 Barnstable Disability Commission USPS & email
Local 367 Main Street email@town.barnsta
Commission Hyannis, MA ble.ma.us 6/23/23
on Disability
(If Applicable)
CORD USPS & email
3 765 Attucks Lane cord i nfo@cilcapecod
Independent 6/23/23
Living Hyannis, MA .org
Center
Mario Marian i Digitally signed by Mario 4' i 06/23/2023
-Date:2023.06.23 15:32:077-0-04'00'
Signature Date
Page 9 of 9 Rev,9/21
Background:
The building is an existing building attached to our full service restaurant. We are proposing to
open a pizza restaurant in the adjacent space. We contacted a contractor who advised that a lift
could be constructed at the entrance, making it fully accessible. We then contacted a lift
company who designed, permitted it with the state elevator board and installed the lift at the
front entrance.The state elevator board also inspected and provided a certificate of inspection.
Variance:
28.12.1—The lift is at the main entrance and part of the accessible route to the entrance.
After the lift was installed, the building inspector advised that we needed a variance from
Section 28.12.1 to use the lift at the front entrance. Neither the lift company nor the contractor
advised us that we needed a variance and we thought we could install the lift as of right.
The lift is now installed and operational. We have also installed an automatic door opener at
the entrance door and we are in the process of extending the canopy over to cover the lift as
well.
We are seeking a variance to use the lift for access to the building.
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