The letter responds to concerns raised in a comment letter about accessibility for disabled residents in Somerville. It summarizes recent housing developments that included accessible units. It also details training that building inspectors receive and accessibility features of municipal buildings. While acknowledging some limitations, it emphasizes efforts to improve pedestrian safety, such as a study that identified priority locations and an aggressive program to install compliant ramps. The letter aims to address the issues raised while highlighting the city's efforts to promote accessibility.
THE OBSTACLES THAT IMPEDE THE DEVELOPMENT OF BRAZIL IN THE CONTEMPORARY ERA A...
Somerville OSPCD response- CDBG 2010 complaint
1. 4
CITY OF SOMERVILLE, MASSACHUSETTS
OFFICE OF STRATEGIC PLANNING & COMMUNITY DEVELOPMENT
JOSEPH A. CURTATONE
MAYOR
OFFICE OF THE EXECUTIVE DIRECTOR
June 24, 2010
Ms. Eileen Feldman
Director, Community Access & Inclusion Project
Ward 3
Somerville, MA
RE: May 10, 2010 Comment Letter – HUD One-Year Action Plan (FY 2010-2011)
Dear Ms. Feldman,
Thank you for your May 10, 2010 comment letter, submitted during the public comment period
for the HUD One-Year Action Plan (FY 2010-2011). The City of Somerville is committed to
ensuring accessibility, eliminating barriers to equal opportunity and improving the quality of life
for all community members in the city.
Below are my responses to the issues raised in your May 10th comment letter.
1. You contend that the City of Somerville has fraudulently certified that it affirmatively furthers
Fair Housing and that residents with disabilities are confined to substandard,
environmentally inaccessible housing in poverty-concentrated areas of the City.
Somerville has seen the recent design and construction of a number of well designed, state-of
the-art housing developments that have provided accessible and adaptable units. Recently
produced units in HUD-assisted large development rental projects include the following:
Development Project Units Accessible Units Adaptable
Capen Court (Somerville Housing Authority) 95 20
St. Polycarp’s Village Phase I Rental (SCC) 24 3
St. Polycarp’s Village Phase II Rental (SCC) 29 3
(awaiting funding)
Linden Street (SCC) 34 2
VNA Assisted Living (Lowell Street) 95 10 100%
VNA Assisted Living (Conwell Capen) 99 8 100%
Total 376 46 (12.2%)
CITY HALL ● 93 HIGHLAND AVENUE ● SOMERVILLE, MASSACHUSETTS 02143
(617) 625-6600 EXT. 2500 ● TTY: (617) 666-0001 ● FAX: (617) 625-0722
www.somervillema.gov
2. E. FELDMAN
JUNE 24, 2010
PAGE 2
In addition to above projects, existing elderly and other subsidized rental housing facilities are
scattered throughout the city under the ownership and operation of the Somerville Housing
Authority and other non-profit developers. These include the Massachusetts Department of
Mental Health and Mental Retardation housing units that are earmarked for disabled residents.
Further, if anyone is seeking a handicapped accessible unit particularly in a HUD-Assisted unit,
the owner must make accommodations dependent on the need.
You indicate that 76.4% of disabled Somerville residents are not seniors. However, what you
have not acknowledged is that handicapped accessibility is broader than mobility impairment and
federal definition of disability includes a much broader spectrum of physical and mental
impairments as well. As a result, not all non-senior disabled residents require an ADA accessible
unit.
2. You express concern that the City’s Building Inspectors and the designated ADA Coordinator
have demonstrated a lack of expertise and knowledge regarding architectural and
communications standards.
All City of Somerville Building Inspectors are certified by the Commonwealth of Massachusetts.
Under M.G.L. c.22, Section 13A, local and state building inspectors are required to enforce the
Rules and Regulations of the Architectural Access Board (521 CMR). In addition, Inspectors are
required to complete a minimum of 45 hours of continuing education every 3 years. The City of
Somerville Building Inspectors perform ongoing training and are educated in the federal
disability rights laws that affect housing for people with disabilities, including:
Architectural Barriers Act (ABA) which covers all buildings owned or leased by the
federal government;
Section 504 of the Rehabilitation Act (504) which covers housing if built with federal
funds;
American with Disabilities Act (ADA) which has provisions that apply to discrimination
in housing; and,
Fair Housing Act (FHA) as amended in 1998.
3. You indicate that the City’s Fair Housing offices and OSPCD Housing Division offices are in
violation of the ADA and Section 504 by making their programs inaccessible and unusable to
residents with disabilities in the most integrated manner.
The City Hall Annex, where the Offices to Fair Housing and the Housing Division are located,
has a handicapped accessible parking space and an operational chair lift in the rear of the
building to accommodate mobility impaired individuals. The Offices have had many mobility
impaired residents as visitors and clients to the facility.
4. You assert that the Somerville Community Corporation (SCC) (the City’s designated
Community Housing Development Organization (CHDO)) offices are not accessible and
their programs and policies are not operated in a manner that considers the cultural, social,
and economic needs of individuals with physical, sensory and communications disabilities.
3. E. FELDMAN
JUNE 24, 2010
PAGE 3
SCC is not the owner of 337 Somerville Avenue, but rather a renter of the space. The SCC office
at 337 Somerville Avenue has a limited use elevator in the rear of the building, with signage at
the front door to call the office if use of the elevator is needed. There was no elevator at all in
the building when the organization was negotiating its lease, so the existing elevator is a result of
their negotiations with the owner. To the best of their knowledge, in four years at 337 Somerville
Avenue, they have not fielded a single complaint from a constituent or client who was unable to
access the office. Further, it is not true, as commented, that either the front entrance or the
entrance to SCC’s dedicated office space is locked during normal business hours. Both doors are
typically unlocked well before 9:00 am and well after 5:00 pm.
5. You maintain that the City has used a substantial portion of its limited CDBG “ADA
Streetscape Improvements” programming in 2009 in a low-moderate income area.
Meanwhile, you state that the City is neglecting the crucial need to self assess and create a
transition plan for the City’s entire inventory of sidewalk facilities and with specific
relevance to Somerville’s CDBG planning, the crucial need to address sidewalks and
crosswalk impediments with the (NRSAs).
In early 2007, the City completed an in-depth self assessment conducted by the Safe, Sustainable
Transportation Assessment and Recommendation Team” (Safe-START). The report called for
city-wide pedestrian upgrades in the form of improved crosswalk painting (the City standard is
now thermoplastic whenever possible), mid-street pedestrian warning signs, countdown lights,
updated safe routes to school maps, and bollards near schools. All of these recommendations
have been adopted and are visible across the city and the bollards will be installed when the
school year ends.
The Safe-START report also identified 27 priority locations based on crash data and public input.
The City controlled locations in the report have received significant upgrades or modifications
since the release of the report. The Safe-START team is currently updating the crash statistics
and will be focusing efforts on the remaining state-controlled intersections that represent
significant danger to residents and visitors.
Additionally, the City created policies around major infrastructure projects that ensure the
incorporation of bump-outs, expanded sidewalks, improved ramps, crosswalks, benches, lights
and other pedestrian accommodations into any major infrastructure project within the city.
Designs for Somerville Ave, Washington Street, Broadway in East Somerville, Assembly Square
Drive and Magoun Square now include these substantial pedestrian improvements in terms of
both safety and comfort.
The Department of Public Works and Traffic & Parking (T&P) have also initiated an aggressive
and coordinated street repaving and ramp installation program. As you are likely aware, since
2006, all street repaving projects funded by Chapter 90 funds have included ADA compliant
handicapped ramps at all crosswalk locations. This spring alone Traffic & Parking has painted or
repainted 100 crosswalks (13,000 lineal feet), as well as 3 miles of bike sharrows.
6. You comment that the city uses CDBG funding and creates new and inaccessible programs
such as the Design Annex, in Union Square.
4. E. FELDMAN
JUNE 24, 2010
PAGE 4
The Design Annex is located on the first floor of the former Somerville Police Headquarters at
66-70 Union Square. The first floor is accessible by a chair lift to the right of the main entrance.
**
Thank you for your comments and your ongoing commitment towards residents with disabilities.
Please do not hesitate to contact me with any further concerns you may have.
Sincerely,
Monica R. Lamboy
Executive Director
CC: Board of Aldermen
Mayor Joseph A. Curtatone