PUBLIC ACCESS COMMITTEE OF EASTHAM
FEBRUARY 12, 2008
Meeting was held in Small Meeting Room due to conflict with another group that uses the Large meeting room. It is noted that hearing-assist equipment was not available and hearing was made more difficult by heating fan noise that could not be turned off. Our next meeting in April will be in the Small Meeting Room again. We will request hearing assist that, by law, should be available for all small public meetings.
Present: Richard Adelman, Peggy Kern, David Kern, Helen Derman, Grady Scholl, Don Olson, Jeanette Marcucci
Town Officials: Mike Ferreira, Assistant Town Administrator, Frank DeFelice, Building Inspector/ADA Coordinator
Guests: Jean Ann McLaughlin & Bill Savicki, Ad Hoc Committee on Visitability
TOWN PROJECTS: Frank sent letters: 1)Arturo’s Restaurant giving the owners until January 31, 2008 to get the elevator installed. If elevator not in working order by next week, Frank will close down the upstairs venue until an elevator allows access. 2) The Lobster Shanty: No response yet. Brackett Landing: Mr. McShane, the developer, will go before the Zoning Board tonight to present his plan to build 6 duplexes (3 affordable) fronting Brackett Road, rather than the commercial/office space that was originally planned. Grady sent a letter to Victoria Dalmas, Chair of Zoning Board requesting that all new units include Visitabilty features. Grady’s letter also acknowledged Mr. McShane’s cooperative efforts with PACE to develop a list of
Visitability features and their costs ($1000-$1500) if incorporated into new construction projects. Richard will attend the ZB meeting to represent PACE. The low-income units at Brackett Landing were discussed. Jean Ann suggested we contact Nancy Crockin of HAC(Housing Assistance Corporation) re: the Cape-wide lotteries that are held for affordable housing.
Frank will speak to the builders of the 2 Steele Road houses that were torn down and are now being reconstructed. He will give them the Town Resolution re: Visitability.
Wiley Park Bridge: Will be completed within the next week. Richard will invite Henry Lind to next PACE meeting to find out status of his request for Community Preservation Funds for trail development up to and beyond the new bridge. PACE support (at 2007 Town Meeting) of this project was contingent on immediate application for CPF’s for trail development.
Future Projects: Grady checked with MAAB re: the requirements to make office and/or basement space accessible in buildings where their use will be for employers/employees only. In both the Jason Ellis business and in the Children’s Place proposed additions, each would have to sign an affidavit stating that those added areas are strictly for employer/employee use. The affidavits are notarized and filed at the Registry of Deeds and with the Building Inspector. If the usage changes in the future to use by the public, these areas would thenbe required to be made accessible. Grady will summarize PACE’s position on this issue in a letter and forward it to Mike.
2) Re: “Top of the shop” Housing, such as the Purcell project, i.e. retail spaces with housing on 2nd level - Grady asked MAAB whether these living quarters need HP access. Discussion followed re: whether the buildings in this development would be owned by one person or if the developer planned to sell each store/top-of- the-shop unit to separate owners. Currently, we understand that if one owner owns 3 or more units these units must all be accessible. Jerry Hill’s project on Route 6, just before Fleming’s, is also top-of-the-shop units which he plans to sell as condos to separate owners.
AD HOC COMMITTEE on VISITABILITY:
BYLAW to Require Visitability: Frank said the State Building Code is the first deciding factor. If a standard is not in the Code, the ADA law takes precedence. Jean Ann stated that ADA law says that a more stringent bylaw passed by a Town would apply if there is a question on ADA requirements. So a Town can pass a Bylaw to insist on accessibility or Visitability. PACE had been told by Howard Sandler of the Planning Board that the Town doesn’t have the authority to pass such a bylaw. This will be researched further by the Ad Hoc Committee on Visitability. Jean Ann said the Department of Justice in Washington, DC could answer our questions.
An appeal which is granted for “undue hardship” or “unreasonable burden” cannot be overruled by the MAAB.
A Bylaw change would go to the Selectmen first, then to the Planning and Zoning Boards.
Bill Savicki from the Dennis Disability Committee has joined the Ad Hoc Committee.
Mr. McShane’s figures for Visitability features were E-mailed to AHC members, as well as an E-mail from David re: the next steps for the AHC to take: 1) Letters from towns to Tom Hopkins of MAAB requesting that Visitability be added to State Building Code. 2) Increase the number of towns represented on the AHC. 3) Gather support of builders/developers in various towns by getting Mr. McShane’s figures and other Visitability info to them. David encouraged the AHC to meet while he is away. Jean Ann and Bill will check into this with Dennis and Harwich AHC members.
David spoke to Tom Hopkins about the AHC efforts. Tom said the letters from towns are very helpful. His Board has given him permission to add outside members to review the Building Code. He intends to call a meeting and will propose adding Visitability Standards to the Building Code once he has a working group.
Jean Ann prints a Disability Booklet each year for Cape Cod. This year’s focus will be Visitability. The Booklet also features winners of the yearly student poster contest that will be judged on April 17, 2008 at 12:30PM in Hyannis at Capabilities. The posters are also made into a calendar.
OTHER DISABILITY COMMITTEES: Juanita Donlin of Dennis Disability Committee requested that an AHC member attend one of Dennis’ meetings to discuss Visitability. Bill invited PACE/AHC members to Dennis’ meetings which are held the first Monday of the month at 10AM at the Dennis Senior Center.
ADDING PACE MEMBERS: Richard spoke to Jeanette Sandblum of the Town’s Search Committee re: our need for 2 more members.
OTHER: Don thanked the Town for providing the voting machine for disabled voters that he used at the Primary Election on February 5th. He was very pleased with how he was able to see the ballot that was enlarged on the computer screen.
PACE BROCHURES: David requested that some be printed now for placement around Town. Richard will continue to work with the Town Clerk to update the list of businesses for a new printing. PACE may have to survey new and old businesses for accessibility to assure accurate information in the brochure.
CORRESPONDENCE:
Helen sent all 2007 and 2008 PACE Minutes to Jack Slavin for posting on the Town website.
LONG-RANGE PLANNING: No letter from Richard Bryant, of the LRP Committee, has been received.
MOD/PACE Meeting is scheduled for Wednesday, April 16, 2008 from Noon till 3PM in the Large Meeting Room. Richard will submit the Building Use form to the Town Clerk’s office. Helen will post the meeting.
These Minutes were approved electronically on February 19, 2008.
NEXT MEETING – TUESDAY, APRIL 1, 2008 at 9:30 AM in the SMALL Meeting Room
Respectfully Submitted,
Helen Derman, Secretary
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