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HomeMy WebLinkAbout332iyannough r i- a MAUR GOVERNOR Y GOVEERNOR Commonwealth of Massachusetts LAYLA R..D'EMILIA CONS Division of Occupational Licensure UNDERSECRETARY BUSINESS REGULATION AFFAIRS AND BUSINESS REGULATION KIM DRISCOLL Office of Public Safety and Inspections SARAH R.WILKINSON LIEUTENANT GOVERNOR Architectural Access Board OCCUPCOMMISATIONAL LICENSUISION RE OCCUPATIONAL LICENSURE YVONNE HAO 1000 Washington St., Suite 710 SECRETARY,EXECUTIVE OFFICE p OF ECONOMIC DEVELOPMENT Boston, Massachusetts 02118 BORNSTU LP December 28, 2023 297 NORTH STREET Docket Number C21 1o9 MA 02601 RE: Shopping Plaza 332 lyannough Rd Hyannis Dear Sir/Madam: Upon information received by the Architectural Access Board, the facility referenced above has been reported to violate M.G.L. c. 22, § 13A and the Rules and Regulations (521 CMR) promulgated thereunder. Reported violations, include the following items. Section: Re orted violation: 3.6.1 sign shall be located at the head of each space and no more than ten feet (3048mm) away, and at accessible passenger loading zones. Complainant reports that the accessible parking at this location is not compliant with Commonwealth regulations. 3.4.7b an Accessible spaces shall comply with the following.- b. ollowing: b. Each space shall have a sign designating it"Van Accessible"as required by 521 CMR 23.6, Signage. 3.22 One in every eight accessible spaces, but not less than one, shall be van accessible, See 521 CMR 23.4.7 3.4.6b ccess aisles_ All accessible spaces shall have access aisles that comply with the following. b.Access aisles adjacent to accessible spaces shall be five feet(5' = 1524mm) wide minimum, xcept adjacent to van accessible spaces the access aisle shall be a minimum of eight feet(8' _ 438mm)wide 3 4.7e an accessible spaces shall comply with the following: Provide an access aisle of eight feet(8' =2438mm) Under Massachusetts law, the Board is authorized to take legal action against violators of its regulations, including but not limited to, an application for a court order preventing the further use of an offending facility The Board also has the authority to impose fines-of up to$1,000.00 per day, per violation, for willful noncompliance with its regulations. You are requested to notify this Board, in writing, of the steps you have taken or plan to take to comply with the current regulations. Please note the current sections may be different from the sections that are cited above. Unless the Board receives such notification within 14 days of receipt of this letter, it will take necessary legal action to enforce its regulations as set forth above. If you have any questions, you may contact this office. cc:,Local Building Inspector Sincerely, Local Disability Commission ,, Independent Living Center t �,r '1� r7/3r� Complainant Dawn Guarriello Chairperson , MAURA HEACommonwealth of Massachusetts LAYLA R. D'EMILIA GOVERNORRNOR UNDERSECRETARY OF CONSUMER Division of Occupational Licensure AFFAIRS AND BUSINESS REGULATION KIM DRISCOLL Office of Public Safety and Inspections SARAH R.WILKINSON LIEUTENANT GOVERNOR COMMISSIONER,DIVISION OF Architectural Access Board OCCUPATIONAL LICENSURE YVONNE HAO 1000 Washington St., Suite 710 SECRETARY,EXECUTIVE OFFICE p OF ECONOMIC DEVELOPMENT Boston, Massachusetts 02118 TO: BORNSTU LP Docket Number C21 109 297 NORTH STREET. MA 02601 RE: Shopping Plaza 332 lyannough Rd Hyannis DATE: 12/28/2023 Enclosed please find a copy of the following material regarding the complaint against the above location: ® First Notice ❑Stipulated Order ❑Second Notice ❑ Letter of Meeting ❑ Notice of Hearing ❑Application for Variance ❑Correspondence ❑ Decision of the Board Please review all enclosed documents carefully. cc: Local Building Inspector Independent Living Center Local Commission on Disability Complainant _., Commonwealth of Massachusetts Division of Occupational Licensure Docket Number Office of Public Safety and Inspections C21-109 Architectural Access Board (Office Use Only) 1000 Washington St., Suite 710 • Boston• MA• 02118 V: 617-727-0660 • www.mass.gov/aab You have received this Notice because the Board has received information indicating that an element or elements of the building or facility you own is or are not in compliance with 521 CMR. This process is designed to provide you with a reasonable opportunity to correct any outstanding violations. Please complete both sides of this form and return it to: Andrew Chase, Compliance Officer Architectural Access Board 1000 Washington Street, Suite 710 Boston, MA 02118 _Email: andrew.m.chase@mass.gov Electronic Copies of this form are available at the Board's website (http://www.mass.gov/aab) if you wish to submit it via email. If you have any questions, please contact the Board's staff via telephone at 617-727-0660 during normal business hours (9am—Spm Mon-Fri). Please note that failure to return this document in a timely manner will result in the issuance of a Second Notice, and continued failure to address the items cited may result in fines of up to $1,000 per day per violation among other legal remedies. Please check ONE of the boxes below and return this form within 14 days of receipt of the First Notice: ❑ I have enclosed a plan to correct the violation(s), including a date for when I expect the work to be complete. I am aware that this plan will need to be approved by the Compliance Officer. ❑ I require additional time to prepare a plan to correct the cited violation(s), I have attached an explanation for why I require this additional time, including the specific amount of additional time I am requesting(which cannot exceed 90 days from the date of receipt of this Notice), and am aware that the Compliance Officer is not obligated to grant this additional time. ❑ I believe that correcting the violation(s) cited in the First Notice is impracticable'(as defined in 521 CMR S) and will be submitting a completed Application for Variance in no more than 30 days from the date I received the First Notice. ❑ I believe that the element(s)cited in the First Notice are not in violation of 521 CMR and I have attached a detailed explanation showing why they are in compliance or not otherwise subject to 521 CMR, including specific references to the applicable code sections. . ❑ I am neither the legal owner of the building/facility nor their employee or agent. (Signature) (Date) Communications Preference Please Select one: [j I want to receive all further documents regarding this case electronically at the following email address: I want to receive all further documents regarding this case via certified mail at the following mailing address: Accessible Parking lot Checklist ❑ Has the correct number of accessible parking spaces based on its size (see the chart at 521 CMR 23.2.1 and modifications for medical facilities at 521 CMR 23.2:4). ❑ One out of every 8 accessible spaces, but never less than one is a Van-Accessible parking space. ❑ The accessible parking are the closest spaces to the accessible entrance. ❑ If the building/facility has multiple accessible entrances the parking spaces are dispersed to serve different accessible entrances. ❑ There are accessible paths of travel from each accessible parking space to the nearest accessible entrance. Regular Accessible Parking Space Checklist ❑ The parking space is at least 8' wide (measure from the center of each line). ❑ The parking space is at least as long as for parking spaces generally. ❑ The parking space has a slope of not more than 1:50 in any direction. ❑ The parking space has a uniform paved or hard packed surface. ❑ Adjacent to the parking space is an access aisle that: ❑ Is.diagonally stripped, ❑ Is at least 5' wide, ❑ Runs the full length of the space, ❑ Has a slope of not more than 1:50 in any direction, 0 Has a uniform paved or hard packed surface, and D Is part of an accessible route going to the nearest accessible entrance to the building or facility. ❑ The lines of the parking space and access aisle are high contrast. painted lines or other high contrast delineation. ❑ The parking space has a sign at the head of the space that: ❑ Is permanently installed, ❑ Is located between 5'-8' above the ground (measured from the surface of the parking space to the top of the sign), and ❑ Includes the International Symbol of Accessibility. Van-Accessible ParkingS ace Checklist ❑ The parking space is at least 8' wide (measure from the center of each line). ❑ The parking space is at least as long as for parking spaces generally. ❑ The parking space has a slope of not more than 1:50 in any direction. ❑ The parking space has a uniform paved or hard packed surface. ❑ The parking space and the driving path to it have a vertical clearance of at least 8' 2". ❑ Adjacent to the parking space is an access aisle that: ❑ Is diagonally stripped, ❑ Is at least 8' wide, ❑ Runs the full length of the space, ❑ Has a slope of not more than 1:50 in any direction, ❑ Has a uniform paved or hard packed surface, and ❑ Is part of an accessible route going to the nearest accessible entrance to the building or facility. ❑ The lines of the parking space and access aisle are high contrast painted lines or other high contrast delineation. ❑ The parking space has a sign at the head of the space that: ❑ Is permanently installed, ❑ Is located between 5'-8' above the ground (measured from the surface of the parking space to the top of the sign), ❑ Includes the International Symbol of Accessibility, and ❑ Includes the words "Van-Accessible"