Iodoce v. Architectural Access Board

424 Mass. 370
CourtMassachusetts Supreme Judicial Court
DecidedMarch 7, 1997
StatusPublished
Cited by33 cases

This text of 424 Mass. 370 (Iodoce v. Architectural Access Board) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Iodoce v. Architectural Access Board, 424 Mass. 370 (Mass. 1997).

Opinion

O’Connor, J.

By letter dated February 5, 1987, the defendant, then named “Architectural Barriers Board” (board), an agency within the Commonwealth’s Department of Public Safety, notified the plaintiff that, “[u]pon information received by the Architectural Barriers Board,” the Chatham Center building located at 29 Crafts Street, Newtonville, “appears to [371]*371violate Massachusetts General Laws, Chapter 22, Section 13A, and the Regulations of the Board thereunder.” The letter stated that the reported violation involved § 26.1 of the 1982 board regulations (521 Code. Mass. Regs. § 26.1 [1986]) in connection with “[p]rimary public entrancefs],” and that “[u]nder 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 letter further stated: “The Board also has authority to grant variances from its Regulations in appropriate circumstances. You are requested either to notify the Board in writing of the steps you have taken to comply with the above regulations or to file a written application for a variance with the Board.” In response, counsel for the plaintiff submitted an application for a variance, but informed the board at the same time that “he is not in violation of § 26.1 of the 1982 Regulations because the entrance to the building facing Crafts Street is not a ‘primary public entrance.’ ” On September 8, 1987, after a hearing, the board, now the Architectural Access Board, issued a decision denying the requested variance.2

Pursuant to G. L. c. 30A, § 14, the plaintiff sought Superior Court review of the board’s decision. In December, 1989, a Superior Court judge remanded the matter to the board for further hearings, following which the board again denied the variance, having concluded that the front entrance of Chatham Center was a primary entrance under the relevant regulation and that the cost for compliance was not excessive when compared to the benefits derived by handicapped persons. The plaintiff filed another complaint for judicial review under § 14, which led to a second Superior Court judge’s decision affirming the board’s decision.

In his memorandum and order the judge stated that the “[plaintiff’s contentions are two: (1) the decision of the [board] was in excess of its statutory authority; and (2) the [board’s] interpretation of 521 [Code Mass. Regs.] § 26.1 was erroneous.” The judge rejected those contentions, setting forth his reasoning, with which we agree, in a full and clear discussion. The judge also stated in his memorandum: “The plaintiff also contends that the variance he applied for was improperly denied. Presumably, he raises the issue, although [372]*372he emphasizes his design-compliance argument, as an alternative or fallback position if the court should find the building not in compliance with the regulation. However, he has not set forth any argument as to the denial of the variance being improper. He does not argue that he meets the statutory requirements for a variance, namely, that there would be no substantial benefit to handicapped individuals if the building were brought into conformity with 521 [Code Mass. Regs. § ] 26.1 or that doing so would be technologically infeasible. M. G. L. c. 22, § 13A. Moreover, there is nothing in the present record to show either infeasibility of compliance or lack of benefit to handicapped users. Therefore, there is no basis for concluding that denial of a variance was error.”

In an unpublished memorandum and order, the Appeals Court affirmed the judgment that had been entered in the Superior Court. See 37 Mass. App. Ct. 1106 (1994). We granted the plaintiffs application for further appellate review. We, too, affirm the judgment of the Superior Court.

We summarize the relevant facts. Having reviewed the architectural plans for the plaintiffs building and concluded that its design complied with the applicable regulations, the assistant building commissioner (building inspector) of the city of Newton issued a building permit on March 15, 1985, for the construction of Chatham Center, located at 29 Crafts Street in Newtonville. The front entrance of the plaintiffs building faces Crafts Street, a public way. The words, “Chatham Center,” appear in large letters above the front entryway, and the number 29 is marked to the left and right of the doorway. The front entrance of the building is inaccessible to persons in wheelchairs. An entrance at the rear of the building, where a parking lot is located, is accessible to persons in wheelchairs. A sign in front of the building says “HANDICAP ACCESS & PARKING IN REAR OF BUILDING.” The rear entrance is approximately 180 feet down a driveway from the public way.3

The plaintiff first argues, as he did in the Superior Court, [373]*373that the board exceeded its authority under its enabling statute, G. L. c. 22, § 13A, in reviewing the Newton building inspector’s decision, which was made before Chatham Center was built, that the board’s regulations allowed construction of the building with only the rear entrance being accessible to people in wheelchairs. The plaintiff also argues, as he did in the Appeals Court, that the board’s power to review a building inspector’s decision is limited to those situations where the local inspector imposes requirements on a developer that the developer deems too onerous. Otherwise, the plaintiff says, the board is not authorized to review municipal interpretations of the board’s regulations as applied to a construction project.

In examining the extent of the board’s powers, we accord deference to the board’s own construction thereof and construe such powers so as to facilitate the agency’s function as designated by the Legislature. See Brooks v. Architectural Barriers Bd., 14 Mass. App. Ct. 584, 588 (1982); see also Levy v. Board of Registration & Discipline in Medicine, 378 Mass. 519, 524-526 (1979). The fourth paragraph of G. L. c. 22, § 13A, states that “[t]he board shall make and from time to time alter, amend, and repeal, in accordance with the provisions of chapter thirty A, rules and regulations designed to make public buildings accessible to, functional for, and safe for use by physically handicapped persons.” The seventh paragraph states that “[tjhere shall be no construction, reconstruction, alteration or remodeling of a public building except in conformity with said rules and regulations. . . .” Although G. L. c. 143, § 3W, charges local inspectors with the responsibility of reviewing construction plans and specifications before issuing building permits to ensure that proposed structures will conform to regulations, the board is neverthe[374]*374less empowered by the ninth paragraph of G. L. c. 22, § 13A, as follows:

“The board shall receive complaints of noncompliance with this section or any rule or regulation promulgated hereunder from any person or may receive complaints initiated by its own staff. If the board finds, after notice and opportunity for a hearing, that any person is not in compliance with this section or with any rule or regulation promulgated hereunder, it may issue an order to compel such compliance.”

Section 13A, therefore, makes the board the ultimate arbiter of regulatory compliance.

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Bluebook (online)
424 Mass. 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iodoce-v-architectural-access-board-mass-1997.