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Revere commission reviews two Massachusetts AAB variance applications and outlines use of Chapter 40, Section 22 funds
Summary
Commission members discussed two Architectural Access Board variance applications — a bathtub rim exceeding 521 CMR limits at 810 Washington Ave and a proposed platform lift at 141–143 Endicott Ave — and heard that the commission’s Chapter 40, Section 22 revolving fund will receive quarterly reporting beginning July 1.
The Revere Commission on Disabilities on June 10 reviewed two variance applications submitted to the Massachusetts Architectural Access Board (AAB) and discussed municipal use of funds collected under Chapter 40, Section 22 (handicap parking fines).
Variance applications: The commission was notified that Washington Sherman LLC has applied for a variance for a new four‑story, 30‑unit residential building at 810 Washington Ave. The application, the commission said, requests relief from the dimensional requirement in 521 CMR (the Massachusetts accessibility regulations) for the rim height of a bathtub in two Group 2 accessible dwelling units. The application states the installed tub rim measures 18.75 inches above the finished floor; the cited requirement calls for a rim between 16 and 18 inches in the specified unit type.
Commission staff read from the variance application: “While this does not meet the strict dimensional criteria of 5 21 CMR, the deviation is minimal. It does not present the measure measurable barrier to use our access,” the chair read aloud, noting the applicant asked AAB approval rather than removing and re‑installing fixtures.
Separately, the commission received a variance application for 141–143 Endicott Ave. The project proposal would place a platform lift from a garage up to two first‑floor Group 1 units instead of installing a full elevator; the developer cited site slope and design constraints. The commission discussed that platform lifts may be less reliable than elevators and said the AAB or local building inspector could require a maintenance/repair service contract or impose stricter conditions.
AAB process and local notice: Commission members were informed that variance applications are routed to three entities: the AAB, the municipal building inspector and the local independent living center (Boston Independent Living Center received this notice). Each entity may respond in writing or attend the AAB hearing; the commission will track AAB hearing dates and notify the AAB of any local concerns.
Chapter 40, Section 22 fund: Chair Ralph DeChico told members the commission’s special revolving account under Chapter 40, Section 22 holds handicap‑parking fine revenue for municipal accessibility projects. He outlined allowed uses and limits: funds may pay for municipal accessibility infrastructure and programming but not for private home modifications for individual residents. He said the commission will provide quarterly updates on the balance and intended uses starting July 1 (the commission’s fiscal year reporting cycle).
Commission members expressed frustration with construction oversights where accessible features are installed outside regulatory tolerances; one member said, “They purposely went behind it. Think about it. They cut corners away.” Commissioners urged careful review of AAB filings and local building inspections.
Ending: The commission will monitor the AAB docket for hearing dates, coordinate any written responses with the building inspector and the local independent living center, and provide quarterly Chapter 40, Section 22 reports beginning in the new fiscal year.
