HomeMy WebLinkAboutArchitectural Access Board 120621 - � ,;. RECEIVED
DEC 13 2011
a s:e I
CHARLES D. BAKER Commonwealth of Massa66JI�D�S—� DEPARTMENTE WARD A. PALLESCHI
GOVERNOR
� DERSECRETARY OF CONSUMER
Division of Occupational Licensure AIRS AND BUSINESS REGULATION
KARYN E. POLITO Office of Public Safety and Inspections LAYLA R. D'EMILIA
LIEUTENANT GOVERNOR COMMISSIONER,DIVISION OF
Architectural Access Board PROFESSIONAL LICENSURE
MIKE KENNEALY 1000 Washington St., Suite 710 Boston MA 02118 WILLIAM JOYCE
SECRETARY OF HOUSING AND
ECONOMICDEVELOPMenT V: 617-727-0660 www ARCHITECTUR AL A ACCESSCCESS
.mass.gov/aab Fax: 617-979-5459 EXECUTIB,
A BOARD
TO: HEARTH 'N KETTLE PROP LTD PTR / Docket Number C 21 068
H & K MANAGEMENT
141 FALMOUTH RD
HYAN N IS, MA 02601
RE: Hearth & Kettle Plaza
1196-1198 Route 28
Yarmouth, MA 02664
DATE: 12/6/2021
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
0 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
R i
•
CHARLES D. BAKER
GOVERNOR Commonwealth of Massachusetts EDWARD A. PALLESCHI
UNDERSECRETARY OF CONSUMER
Division of Occupational Licensure AFFAIRS AND BUSINESS REGULATION
KARYN E. POLITO Office of Public Safety and Inspections LAYLA R. D'EMILIA
LIEUTENANT GOVERNOR
COMMI
Architectural Access Board PROFSSIONALLIVISIONOF
PROFESSIONAL LICENSURE
MIKE KENNEALY 1000 Washington St., Suite 710 BostonMA 02118
SECRETARY OF HOUSING AND WILLIAM JOYCE
ECONOMICDEVELOPMenT V: 617-727-0660 www.mass.gov/aab Fax: 617-979-5459 ARCHITECTURAL
DIRECTOR,CCESS
ARCHITECTURAL ACCESS BOARD
HEARTH 'N KETTLE PROP LTD PTR/ December 6, 2021
H & K MANAGEMENT Docket Number C21 068
141 FALMOUTH RD
HYANNIS, MA 02601
RE: Hearth & Kettle Plaza 1196-1198 Route 28
Yarmouth, MA 02664
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: Reported violation:
23.2.2 One in every eight accessible spaces, but not less than one, shall be van accessible, See 521 CMR
23.4.7.-The complainant reports that the parking lot does not have one van accessible parking space in the
parking lot.
23.4.7b Van accessible parking spaces must have a sign designating it as "Van Accessible".
-The accessible parking space is not designated as a van accessible space. The accessible sign should
have the wording, "van accessible"on the pole or in the sign. The accessible sign should be on a
pole/bollard permanently installed within 10 feet of the head of the space at a height of 5 to 8 feet. A photo
of the accessible parking space is enclosed for your review.
23.4.7e A sign shall be located at the head of each space and no more than ten feet (3048mm) away, and at
accessible passenger loading zones.
- Compliance Officer Marc Lesser noted in the complainant's photo that the van accessible space must
have an access aisle next to it with diagonal striped lines that is 8 feet wide. The access aisle does not
appear to be 8 feet wide. Photos are enclosed for your review.
23.4.1 Width:Accessible parking spaces shall be at least eight feet(2438mm)wide, plus the access aisle.
- Compliance Marc Lesser noted that a telephone pole is taking up the width and length of the accessible
space.
23.6.1 A sign shall be located at the head of each space and no more than ten feet (3048mm) away, and at
accessible passenger loading zones.
-The accessible spaces do not have accessible signage at the head of the space on a permanently
installed pole/bollard or on the building within 10 feet of the head of the space at a height of 5 feet to 8 feet.
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
Local Disability Commission Sincerely,
Independent Living Center D4 ,L IJ
teriVadet" 0-41
Dawn Guarriello
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