BBRS Building Code Appeals Board (BCAB)

Deval L. Patrick
Governor / The Commonwealth of Massachusetts
Department of Public Safety
One Ashburton Place, Room 1301
Boston, Massachusetts 02108-1618
Phone (617) 727-3200
Fax (617) 727-5732
TTY (617) 727-0019
www.mass.gov/dps / Andrea J. Cabral
Secretary
Thomas G. Gatzunis, P.E.
Commissioner

Minutes

BBRS Building Code Appeals Board (BCAB)

Meeting Location: Taunton District Office, 1380 Bay Street, Taunton, MA

Meeting Date: November 25, 2014

Meeting Time: 9:30 a.m.

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1.  Meeting called to order by the Chairman, Harry Smith, at 9:30 a.m. followed by roll call:

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Board Members Present:

Sandy MacLeod

Harry Smith, Chairman

Jake Nunnemacher

Board Members Not Present:

None

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There were seven (7) cases on the docket scheduled each 30 minute period, beginning at 9:30 a.m. and running until approximately 1:15 p.m. The three board members identified above served each case; guests varied with each case. A copy of the sign-in sheet for each case is appended to these minutes to identify attendees.

Guests Present:

See sign-in sheet for each case.

2.  November 6, 2014 meeting minutes approved.

3.  Case Number: 14-1440

Appellant: Lefteris Zotos

Address of Property: 970-974 Washington Street, Braintree, MA. 02184

Summary of Case: This appeal concerned MSBC Chapter 10 Section 1021 & Table 1021.2.

On a MOTION by Sandy MacLeod and SECONDED by Harry Smith, it was a TWO TO ONE VOTE, Jake Nunnemacher was opposed, that we GRANT a variance to Section 1021 & 1021.2, the second means of egress for this 700 sq. ft. apartment, that we allow as the second means of egress an exterior stair, non-combustible, preferably metal stair, coming off the existing sliding window. It has to It has to be at least 24 inches by 20 inches and it no more than 44 inches above the floor level. This motion includes both a weighted drop down stair if approved by the town plus the allowance of a series of stairs coming out a window that would meet egress requirements and thereto up onto the roof and from vents down the back of the building with a set of stairs.

4.  Case Number: 14-1441

Appellant: John Hightower for Daniel Joseph Harlow

Address of Property: 20 Wharf Lane, Kingston, MA. 02364

Summary of Case: This appeal concerned a variance from 780 CMR (The State Building Code, Eighth Edition) Chapter 1, Section 104.12 & MGL Chapter 143, Section 96. The appellant requested to withdraw without prejudice. On a MOTION by Jake Nunnemacher and SECONDED by Sandy MacLeod, it was UNANIMOUSLY voted to GRANT a withdrawal.

Case Number: 14-1442

Appellant: Craig Olsen for Melrose Public Schools

Address of Property: 360 Lynn Fells Parkway, Melrose, MA. 02176

Summary of Case: This appeal concerned a variance from 780 CMR (The State Building Code, Eighth Edition) Section 1015.3.2 & 1027.1. On a MOTION by Sandy MacLeod and SECONDED by Harry Smith, it was a TWO TO ONE VOTE, Jake Nunnemacher was opposed, that we GRANT a variance to , Section 780 CMR 1015.3. for this second means of egress going through the double doors with panic hardware and getting to this storage space. This second means of egress leading from the boiler room shall be clearly marked on the floor with luminescent paint and with proper exit signs.

5.  Case Number: 14-1443

Appellant: Vitali Glintchikov

Address of Property: 288 Elm Street, Pittsfield, MA. 01201

Summary of Case: This appeal concerned a variance from 780 CMR (The State Building Code, Eighth Edition), MSBC Section 1008.1.1 & 780 CMR 1022.6

On a MOTION by Sandy MacLeod and SECONDED by Jake Nunnemacher, it was UNANIMOUSLY voted to GRANT a variance to Section 1008.1.1 & 1022.6 to allow a 60 inch height door coming out of the porch onto a platform. It would also include a platform for another emergency exit and a full set of stairs coming down to grade. This is also to allow a variance for the windows that are within 10 feet of an adjacent requirement, Section 1022.6 for the ¾ hour rated windows.

6.  Case Number: 14-1444

Appellant: Matthew MacEachern for Bernard Chiu

Address of Property: 20 Straight Wharf, Nantucket, MA. 02554

Summary of Case: This appeal concerned a variance from IMC (International Mechanical Code) Section 401.4.1, IEBC (International Existing Building Code) 1609.1.2 (Exception #1), IMC 2009 (International Mechanical Code) Section 506.3.1.3

List of Exhibits:

Exhibit 1. Application dated October 17, 2014

Exhibit 2. 1 page plot plan showing property lines in yellow

Exhibit 3. 1 page commentary of Section 506.3.12.3

Exhibit 4. IMC Code Commentary, 2 pages

On a MOTION (#1) by Sandy MacLeod and SECONDED by Jake Nunnemacher, it was UNANIMOUSLY voted to GRANT a variance to Section 1609.1.2 to allow the plywood shutters to be installed & stored no more than 1 mile from the property or at a location approved by the Building inspector.

On a MOTION (#2) by Jake Nunnemacher and SECONDED by Sandy MacLeod, it was UNANIMOUSLY voted to DENY a variance to 780 CMR 506.3.12.3 to return the exhaust vent determination location to its original location which is less than 10 feet from the property line. The reason for this is because the exhaust is putting out grease that would impact the adjacent buildings. This is also opposed by the neighbor.

On a MOTION (#3) by Jake Nunnemacher and SECONDED by Sandy MacLeod, it was UNANIMOUSLY voted to DENY the variance to 780 CMR 2009 IMC Section 401.4.1 based on the fact that they cannot produce any documentation showing the intended or existing location of it. The appellant testified that the distance was less than 10’ but that could not be confirmed.

7.  Case Number: 14-1445

Appellant: Matthew MacEachern for Faros Properties, LLC

Address of Property: 17 Broad Street, Nantucket, MA. 02554

Summary of Case: The appeal concerned 780 CMR Section 1609.1.2

On a MOTION by Jake Nunnemacher and SECONDED by Sandy MacLeod, it was UNANIMOUSLY voted to GRANT a variance to 780 CMR Section 1609.1.2 contingent on the fact that the impact resistant panels are kept in a location easily accessible and that’s acceptable to the building official. The location may be a couple of miles off-sight. He must also provide an emergency action plan to the building official stating in an emergency what’s going to happen, the procedure the company is going to follow.

8.  Case Number: 14-1446

Appellant: Peter Zschau

Address of Property: 77 Washington Street, Nantucket, MA. 02554

Summary of Case: This appeal concerned a variance from 780 CMR (The State Building Code, Eighth Edition) Section R322.2.1, R322.1.8, & R322.1.2

On a MOTION by Sandy MacLeod SECONDED by Jake Nunnemacher, it was UNANIMOUSLY voted to GRANT a variance to 780 CMR R322.2.1 in regards to this crawl space floor level being lower than what’s required by the code. There are 12 drains in the crawl space leading to a dry well of crushed stone under the slab so that if the water gets in there it will eventually seep out. There is nothing in there, it’s a crawl space, and it’s an unoccupied concrete barrier. This is not in the V zone. The stipulation is that the owner must submit to the building department verification of the anchorage to the rest of the structure to satisfy the flood requirements as in R322.1.8.

9. Case Number: 14-1447

Appellant: Peter Byerly for 22 Federal LLC

Property Address: 22 Federal Street, Nantucket, MA. 02554

Summary of Case: This appeal concerned a variance from 2009 IBC (International Building Code) Section 1609.

On a MOTION by Jake Nunnemacher and SECONDED by Sandy MacLeod, it was UNANIMOUSLY voted to GRANT a variance to 780 CMR 1609.1.2 to allow the use of wood panels (exception #1) contingent on that the appellant provides to the building official the emergency plan on the logistics as to how this is going to get installed, This is also granted due to the hardship created by the historical commission.

8. The meeting adjourned at 1:55 p.m.

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