Section 9.4 - GROUP 2 DWELLING UNITSIn multiple dwellings that are for rent, hire, or lease (but not for sale) and contain 20 or more units, at least 5% of the dwelling units must be Group 2A units. Group 2A units must comply with 521 CMR 9.5, Dwelling Unit Interiors; and 521 CMR 44.00: GROUP 2 BATHROOMS; and 521 CMR 45.00: GROUP 2 KITCHENS; and 521 CMR 47.00: GROUP 2 BEDROOMS.
9.4.1 Total dwelling units in a complex: When multiple dwellings consist of more than one building on a site or are located on several, non-contiguous sites, all dwelling units shall be added together to determine applicability of 521 CMR 9.4.9.4.2 Distribution: Group 2A dwelling units shall be proportionally distributed across the total number of units according to number of bedrooms, size, quality, price and location. EXCEPTION FOR TOWNHOUSES: When 5% of the total number of units required to be accessible includes townhouses, they shall comply by any of the following means:
a. substitute a fully accessible flat of comparable size, amenities, etc.;b. provide space for the future installation of a wheelchair lift to access either upper or lower level of townhouse.c. provide space for the future installation of a residential elevator to access either the upper or lower level of the townhouse. 9.4.3Variance: The Board may consider applications for a variance from the 5% requirement if there is a greater or lesser need for Group 2A units in certain areas of the Commonwealth. A variance may be granted only if there is a sufficient factual basis, using data from the central registry of the Massachusetts Rehabilitation Commission or other sources, to establish with a reasonable degree of certainty the present and future needs for the applicable Group 2A units. The Board may not require more than 10% of the dwelling units to be Group 2A units. A variance for less than 5% shall not be granted unless the applicant can demonstrate that the units are not needed by disabled persons and cannot be readily rented, hired, or leased to other persons. Applications for variances to increase or decrease must be made to the Board before the issuance of a building permit.