City Solicitor CPA Opinion.pdf3/21/23, 2:22 PM City of Northampton Mail - RE: Request for CPA Opinion
https://mail.google.com/mail/u/1/?ik=fec0f72d97&view=pt&search=all&permthid=thread-a:r7007148499441444214%7Cmsg-f:1760993710242576457…1/2
Sarah LaValley <slavalley@northamptonma.gov>
RE: Request for CPA Opinion
1 message
Alan Seewald <alan@paradisecitylaw.com>Tue, Mar 21, 2023 at 12:01 PM
To: Sarah LaValley <slavalley@northamptonma.gov>
Sarah –
I looked for cases or other guidance interpreting CPA funding for rehabilitation of historic structures for non-mandatory
code upgrades. I did not find any case or other guidance on that specific issue. My interpretation of the statute would
allow funding the proposed restroom upgrades at Forbes Library to the extent that it would bring those facilities into code
compliance. I understand that there is no administrative requirement that the bathrooms be upgraded at this time, but
nothing in the definition of “rehabilitation” requires that code upgrades be mandatory. Without knowing which code
controls restroom ventilation, I can’t comment on whether, in fact, those facilities are out of compliance or whether the
proposed upgrades would remedy that noncompliance.
Please let me know if you need anything further from me in this regard.
Alan Seewald
Northampton City Solicitor
One Roundhouse Plaza
Suite 304
Northampton, MA 01060
T: (413) 584-4455
E: aseewald@northamptonma.gov
From: Sarah LaValley <slavalley@northamptonma.gov>
Sent: Friday, March 17, 2023 2:29 PM
To: Alan Seewald <alan@paradisecitylaw.com>
Subject: Request for CPA Opinion
Hi Alan-
The Community Preservation Committee has requested that I reach out to you regarding whether a
project they have voted to support is allowable under MGL C44B. Forbes Library has submitted a
proposal to upgrade bathroom ventilation.
3/21/23, 2:22 PM City of Northampton Mail - RE: Request for CPA Opinion
https://mail.google.com/mail/u/1/?ik=fec0f72d97&view=pt&search=all&permthid=thread-a:r7007148499441444214%7Cmsg-f:1760993710242576457…2/2
From the proposal: "The library has 7 highly used single stall, all gender bathrooms (6 for the public and 1 for the staff.)
These bathrooms do not have adequate ventilation posing a public health hazard, especially in this COVID era. They
were renovated around 1998 and unfortunately were designed without fresh air exchange. This results in restrooms that
are very humid, with high C02 levels and that often have a very bad smell. We are seeking to add a fresh air exchange
system to the bathrooms that will vent into the attic space." A consultant indicates that the lack of air exchange does not
meet current codes, and may not have met code when the 1990's project was completed. Upgrade to current code is not
required to be completed to maintain public access to the building.
The statute provides that funding may be provided for rehabilitation of historic properties.
Rehabilitation is defined as "capital improvements, or the making of extraordinary repairs, to
historic resources... , for the purpose of making such historic resources... functional for their
intended uses, including, but not limited to, improvements to comply with the Americans with
Disabilities Act and other federal, state or local building or access codes; provided, that with
respect to historic resources, “rehabilitation” shall comply with the Standards for Rehabilitation
stated in the United States Secretary of the Interior’s Standards for the Treatment of Historic
Properties codified in 36 C.F.R. Part 68"
Thanks very much, let me know if there is any additional info you need.
-Sarah
Sarah I. LaValley, AICP
Assistant Director
Northampton Office of Planning and Sustainability
City Hall, 210 Main Street, 2nd Floor
Northampton MA, 01060
www.northamptonma.gov/plan
413-587-1263