Hotel Dynamics, Inc. v. Architectural Access Board
Hotel Dynamics, Inc. v. Architectural Access Board
Opinion of the Court
In 1984, the plaintiff, Hotel Dynamics, Inc., acquired a hotel complex in Hyannis Village, Barnstable, which consisted of five buildings grouped around a central courtyard and pool, with a total of 211 lodging rooms, a restaurant, lounge, and meeting rooms. Early in 1985, the plain
Now the plaintiff had to take care to meet the regulations of the defendant Architectural Access Board
To return to the plaintiff, on July 9, 1985, it wrote to the board requesting approval of the plan to make accessible
Here began concern about which year’s assessment of the existing buildings should apply. When, on May 1, 1986, the plaintiff wrote to the board requesting an “advisory opinion” (as allowed by 521 Code Mass. Regs. §§ 2.09, 3.00[4.5] [1982]) about application of the twenty-five percent rule, it noted an assessed value of $4,945,000 on January 1, 1984,
Replying on August 19, 1986, the plaintiff stated that it was awaiting issuance of the fiscal 1986 tax bills by the Barnstable tax assessor, as those bills would be based upon “the most recent property valuations and will include, we believe, the additional rooms.”
Now the attorney said the 1987 tax bill was not really necessary;
Attention then turned to deciding the cost of the new construction. The attorney argued that, from the full costs of the new work, as documented in the May 1, 1986, letter to the board, there should be subtracted those items not fitting the term “construction,” defined in 521 Code Mass. Regs. § 3.00(5.8) (1982), principally as “[w]ork for which a building permit is required.” Among the candidates for such sub
This view seems at first to have been well received by board members, and one member made a motion in that sense. But another member then raised the question whether costs of the work directly related to the new construction, although not itself requiring a building permit, were to be subtracted. The chairperson said, “If we are going to start looking — we have always held what we’re looking at is what the building permit says. I always look at the cost on the building permits, and I ask for what the square footage is because you want to get a sense of whether it’s a reasonable amount of money.” A member then argued that $1.5 million (approximately) was the proper figure because the plaintiff had provided it as the “total construction price” in the May 1, 1986, letter seeking the advisory opinion. This view prevailed, the pending motion being withdrawn. The board denied the attorney’s motion for reconsideration. On May 20, 1987, the board issued its formal ruling: In applying the twenty-five percent rule, (i) the board takes “the assessed value recorded in the assessor’s office at the time the building permit is taken out,” here $4,945,000; (ii) as construction costs, the board in this case takes the submitted cost of $1,487,880.97. The twenty-five percent is thus exceeded, and the entire hotel must comply with regulations (meaning thirteen accessible rooms).
The plaintiff sought judicial review pursuant to G. L. c. 30A, § 14 (see also 521 Code Mass. Regs. § 3.00[4.4] [1982]), by the Superior Court, which summarily affirmed, and the plaintiff appeals to our court.
1. The assessment question. The plaintiff contends that the board erred in using the January 1, 1984, assessment. Instead, says the plaintiff, the appropriate figure is the January 1, 1985, assessment, which was not publicly available until October, 1986, for this would better reflect the “actual” assessed value as of the time when the building permits were issued in March and June, 1985.
An affidavit of the Barnstable tax assessor, received upon the plaintiff’s motion to reconsider, is instructive. Barnstable revalues property “on a three year cycle.” Revaluation occurred as of January 1, 1982, so the 1984 figure was at the end of the cycle. It just happened that 1985 was a reassessment year, so the plaintiff could say with some plausibility, let’s wait. In fact, the 1984 figures ($6.2 million for the present property) were issued late because of changes in computer methodology. As the Barnstable tax valuations are not on a yearly basis (nor are the State equalizations), the number called for by the board’s practice will often be “old.” But the alternative is a protraction of the process to find a different number which may not be much preferable.
We give weight to the board’s practical interpretation of its own regulations, see Greenleaf Fin. Co. v. Small Loans Regulatory Bd., 377 Mass. 282, 293 (1979); Northbridge v.
The plaintiff objects that the board did not equalize the assessment it adopted.
2. The question of costs, (a) The plaintiff argues that the base taken for construction costs should be the total estimated costs of $1,100,000 shown on the building permits rather than the low-bid costs provided by the plaintiff itself to the board, $1,487,880.97. The argument refers to the remarks of the chairperson quoted above, but, examined in context, the statement, we think, was meant only to suggest that the figures on the permits may be used as some evidence of the approximate amounts of construction costs. There is no reason to think that such figures are meant to be conclusive.
The board’s use of a base of actual cost figures, where available, is reasonable and conforms to the text of regulations.
The foregoing opinion is written at some length to suggest that the board might, if feasible, consider improving its regulations at the points noted where they are less than clear.
The matter is to be remanded to the board for consideration of the narrow question with regard to construction costs mentioned in (b) above; otherwise the judgment appealed from is affirmed.
So ordered.
Known at the time as the Architectural Barriers Board.
In 1985, the board’s regulations defined “accessible” as “[sjafely approached, entered, and/or used by physically handicapped persons.” 521 Code Mass. Regs. § 3.00(5.2) (1982). (A similar definition was later set out by amendment of the statute, G. L. c. 22, § 13A, as inserted by St. 1986, c. 642, § 2.) The regulations describe the technical requirements for particular facilities, dealing with such features as curb cuts, elevators, wide doorways, and toilet handrails. See generally 521 Code Mass. Regs. §§ 3.00(25)-(40) (1982). “Public building” is defined in the regulations to include “privately . . . financed buildings that are open to and used by the public.” 521 Code Mass. Regs. § 3.00(5.16.2) (1982).
All construction within a twenty-four month period counts toward the twenty-five percent threshold. 521 Code Mass. Regs. § 3.00(3.5) (1982).
In its letter, the plaintiff said this was the assessed value on January 1, 1985, but the plaintiff’s attorney stated afterward that the date was January 1, 1984. That was so; no later figure was available when the plaintiff requested the advisory opinion.
The board used the cost figure, $1,487,880.97, and assessed value figure, $4,945,000, provided by the plaintiff in its request, resulting in a percentage of approximately thirty percent.
We observe that the “additional rooms” would not figure in the valuation; it was the value of existing buildings.
By this date the construction evidently was completed, so the issue was whether a compliance order should issue.
See the reference below to the affidavit of the Barnstable tax assessor, which indicates that the 1987 assessment would not have differed from the 1986 assessment.
An analogous set of provisions governing “alterations” is perhaps more explicit in supporting the board’s practice. By 521 Code Mass. Regs. § 3.00(3.4) (1982) the twenty-five percent threshold is lowered when the work in question is “alteration.” Elsewhere alteration is defined as “External or internal rehabilitation” where the cost exceeds five percent of the “Full and Fair Cash Value of the Building,” this term being further defined, 521 Code Mass. Regs. § 3.00(5.10) (1982), as the value “as recorded in the assessor’s office” and equalized, using the “most recent” State determination of assessment ratios.
Assessed valuations are equalized using a ratio provided biennially by the Department of Revenue. The department computes a ratio for each property classification in every city and town, utilizing a random survey of real estate transactions. The ratio is intended to correct the listed assessments in the direction of reflecting market values. See further Sudbury v. Commissioner of Corps. & Taxn., 366 Mass. 558, 559-569 (1974).
The regulations describing the twenty-five percent and related rules, 521 Code Mass. Regs. § 3.00(3.3) (1982), cover “construction ... as defined in these Regulations” and use the expressions “the cost of the work” and “the work being performed amounts to [less or more than a given percentage.]”
We encourage the parties to agree upon the probable results of the remand and thus obviate the need for it.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.