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Present: Judy Bennet, Susan Brammer, Eric Breitkreutz, Maia Brindley Nilsson, Matthew Bronski, Les Brown, David Coe, Taya Dixon, Marilyn Fenollosa, Allan Galper, Diane Georgiopolis, Cathy Gipps, Jack Glassman, Jeffrey Harris, David Hart, John Hecker, Kathleen Hoelscher, Susan Hollister, Aarron Holdquist, Wendall Kalsow, David Kelman, David King, Ellen Lipsey, Jackie MacBride, Arthur MacLeod, Katie McGuinness, Bill Mack, Doug Manley, Kate Murphy, Ivan Myjer, Brian Roche, Deborah Ryan, Susan Schur, Malcolm Smiley, Jonathan Smith, Jeff Wade, Sara Wermiel 1. Joint Session with BSA Access Committee: Katie McGuinness, Chair of the BSA Access Committee assembled half a dozen of her experienced colleagues in collaboration with our committee to identify specific issues and interpretations of the Mass. State Building Code by the Massachusetts Architectural Access Board (MAAB) relating to historic buildings. Susan Hollister and Jonathan Smith combined on an initial presentation to spur group discussion on issues of access and historic buildings. Susan presented a couple examples of large institutional projects for high-profile historic buildings, where far-reaching improvements in accessibility or nearly full compliance accompanied by a list of variances is the norm. In two cases, the variance allowed the accessible entrance to be on the side or rear, to allow the architecturally significant front entrance steps to remain essentially intact. In one case, a variance allowed a non-conforming handrail in a elaborate, character-defining central staircase to remain, after fully compliant elevators were added. Susan mentioned that with historic buildings, variances are most commonly sought for front entrances and staircase railings. Jonathan Smith presented a couple sobering examples of large exterior façade repair projects on neglected historic buildings where threshold triggers for access upgrades and the looming cost of interior access compliance had either prevented the developer from pursuing the project entirely, or caused the owner to curtailed the scope and quality of exterior façade repairs, to avoid threshold triggers for access compliance. However, other HRC committee members cited examples that illustrate the difficulty of performing extensive maintenance work to external envelopes today, because the cost of work can easily go beyond the thresholds for accessible entrances and toilets or full compliance with the universal accessibility requirements of the code, if the MAAB refuses to apply the exemption for "ordinary repairs and maintenance." Some smaller exterior maintenance projects are being discontinued entirely, because budgets cannot cover both repairs and accessibility improvements. Members of the both BSA committees noted the unpredictability of MAAB variance procedures and the added deterrent to pursuing projects because of extra costs to building owners for consultants' services. Variance applications can expose owners of months of delay and thousands of dollars in fees and still be unsuccessful. Several people noted the change in attitude of the MAAB towards variance applications for historic structures since the loss of Bill Smith from the Mass Historical Commission. A second difference from the variance process of only a few years ago is the recent turnover in both staff and board members at the MAAB. There is simply less continuity to insure consistency in the code's interpretation across the past decade and a half. Members of the BSA Access Committee concurred on the best approach to variance hearings:
One member of the Access Committee voiced the opinion that if a variance is granted repeatedly for the same circumstance (e.g., on an historic building with a character-defining raised front entrance, accessible entrance is allowed to be placed on a secondary façade where the floorline is closer to grade), that exception should be written into the code directly. However, another member of the access committee felt that the stigma of having to enter at the side or rear is always significant, thus, even on historic buildings, a person with a disability should be able to enter at the main entrance and have the same experience of the building as everyone else. Wendall Kalsow pointed out that architects can no longer count on sensitive and skillful work on historic buildings within the spirit of the access regulations to bring about a satisfactory outcome at a variance hearing. A former member of the Access Board stated that while serving, she tended to take a default view of applicants for variances as "architects trying to get away with something", rather than practitioners who are trying to provide the best access they possibly can, while respecting and not defiling that which makes a historic building significant. Now having worked on the outside, her view has changed, and she appreciates the difficulty and challenge of trying to improve access while respecting The sense of the meeting was that the "jurisdictional" part of the code needs to be reevaluated and may need to be revised to address the disincentive to pursue sensible maintenance projects posed by the MAAB refusal to recognize exemption from both the $100,000 and the 30% of assessed value threshold for exterior masonry, roofing, and window repairs. Diane Georgiopolis warned the group that the ordinary repair exemptions have seemed unconvincing to the MAAB when they are part of multi-million dollar projects-even though they may be confined to envelope repairs. Years ago, exterior repairs were exempted from threshold triggers for access upgrades, largely due to lobbying from the Boston Archdiocese of the Catholic Church, as repairing masonry walls and slate or clay tile roofs is typically costly relative to the assessed value of the building. This code exemption was rescinded, after a public housing authority undertook a multi-million dollar exterior rehabilitation with the argument that there should be no trigger for bathroom and kitchen accessibility improvements. Matthew Bronski noted that this lack of a current exemption for exterior repair in the monetary triggers for required access upgrades appears to conflict with Boston's public safety ordinance requiring façade inspections and remedy of dangerous conditions. While both the access code and the façade inspection/public safety ordinance have noble intents, neither was served in the case studies shown by Jonathan, where projects to repair deteriorated masonry facades of historic buildings were minimized or altogether eliminated to avoid threshold triggers for access that would have pushed the project budget beyond available funds. Eric Breitkreutz said he was certain that the Massachusetts Preservation Coalition would voice their support to a move to improve the application of the code to historic sites. Diane is designing a questionnaire for architects and accessibility consultants. The Access Committee believes that a good response by practitioners will be very useful as part of a approach to the MAAB for specific changes in the language of jurisdictional requirements and guidelines for more consistent applications of the code. The questionnaire results may show which variances are typically granted and help identify trends, such as abandoned restoration and maintenance projects. Katie McGuiness and Vernon Woodworth have met with Tom Hopkins and one of his commissioners to discuss aspects of the code that can be improved. There was little meeting of the minds. The MAAB has little evidence that the existing code and their interpretation is not entirely reasonable. They receive as many complaints about lack of accessibility as they do variance petitions. They do not know about projects that are discontinued in the face of delays and extra consultant fees. They may assume that the $50 variance application fee is the main cost of a petition, or generally not appreciate the cost of architectural work compared to the more limited time and lower overhead of access consultants. Once a year, the MAAB asks for recommended changes to the code to be presented in writing. Suggested changes should be highly specific (e.g., "strike line 3, replace with the following…"). Afterwards, there is a public hearing in which serious recommendations may be debated. Katie and her colleagues said that it is now time for the BSA and other groups to prepare informative presentations to the MAAB staff and board members-both with and without agendas that may appear self-serving. A good response to the questionnaire with clear examples of unintended poor outcomes from application of the code will be a positive first step. In the immediate term, Tom Hopkins will hold an open forum on January 25 where many of these issues may be discussed informally. Representatives from the BSA Access and BSA Historic Resources Committee plan to be there. 2. Katrina Recovery Efforts: Henry Moss passed along highlights of Bill Barlow's recent experience in Biloxi as a member of a team of architects and engineers assembled by Colonial Williamsburg to help survey damaged buildings along the Mississippi coastline. Bill Barlow, David Hart, Bill Barry, and John Wathne have all taken part in separate recovery efforts and are good contacts for people who may be able to offer their services to the recovery effort in the places damaged by hurricanes Katrina and Rita. Bill Barry continues to encourage us to try the website relating to Hurricane Katrina relief efforts that he, SBRA, and the HRC have established: http://project1.sbra.com/heritageatrisk The site can also be accessed from the HRC website: http://committees.architects.org/hrc/neworleans.htm. Click the link to register as an "author," which allows you to post thoughts or info. Bill noted that the canned format for this site is not very intuitive for navigating. If your frustration level becomes intolerable, call Bill at 617-817-3480 (cell) for help. 3. Coming Events:
Featuring Wendy Pearl and Jessica Rowcroft of DCR on: "Preserving Historic Roads and Parkways in Massachusetts" 8: 00 a.m., Thursday, February 9, 2006 The Architects' Building 52 Broad Street, 5th floor, Boston, Massachusetts
Henry Moss, Matthew Bronski, and Sara Wermiel co-leaders and scribes
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