Town Administrator Thatcher Kezer emphasized that accessibility compliance with federal and state laws must be a primary consideration from the outset of municipal projects, following a series of oversights for the town and business owners.
Most recently, problems with a front ramp delayed the reopening of the Abbot Library after a $10 million renovation.
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Earlier in the year, the newly renovated Riptide restaurant faced accessibility issues with its entrance, requiring costly post-construction fixes. Other examples include a tutoring center on Atlantic Avenue that lacked a handicap accessible bathroom, and the Tedesco Country Club’s handicap parking area where the slope was determined to be too steep.
These incidents have prompted officials to advocate for early and thorough compliance checks.
Library variance
Abbot library reopened to the public on July 10 after the Massachusetts Architectural Access Board granted a variance, allowing the library to operate while the entrance is brought into full compliance by Dec. 1.
The reopening followed a postponement of the originally planned June 20 grand reopening ceremony when it was discovered that the 79-foot ramp lacked necessary landings and handrails required for ramps exceeding 30 feet. A state law requires renovations exceeding $100,000 or 30% of a building’s value to meet state accessibility standards, a mandate the library renovation triggered.
A 2023 audit of public buildings commissioned by the town identified more than $3.6 million in required upgrades, including at newly constructed sites like elementary schools and the recently renovated Fort Sewall.
When asked to pinpoint what went wrong with the ramp compliance, the Abbot Public Library Building Renovation Committee was not ready to give a definitive answer.
“I think there’s a lot of complexities here,” said member Ken Fisher. “I’m not sure that we’re probably prepared to draw conclusions.”
‘A lesson learned’
Kezer stressed the importance of learning from these cases to prevent future complications.
“It’s a lesson learned,” he told the Current. “I’m going to keep emphasizing that ADA has to be part of the original, upfront plan for anything we do.”
When asked about factors that contributed to the library oversight, Kezer pointed to the pandemic complicating the review process.
“I think COVID had an impact. When they were originally planning the project, we were in the middle of COVID,” said Kezer. “I think it was just difficult for all the reviews and all that to happen.”
Kezer also clarified the roles of different departments in keeping an eye out for ADA issues.
While the Building Department’s primary function is to inspect for compliance at the end of a project, he noted that project managers have a responsibility earlier in the process to ensure plans meet all necessary requirements during the construction process.
“The Building Department’s role is to ensure compliance at the end,” Kezer said. “It is beneficial for project managers to sit down and meet with the Building Department to review plans in advance, but it’s not the Building Department’s function to design the plan for them.”
To improve the process moving forward, Kezer suggested increased communication and interaction with the town’s Disability Commission. However, he cautioned against overburdening the volunteer-based group.
“They need to be part of the process in some form,” Kezer said. “There should be communication and interaction with the disability folks. But I don’t think they have the bandwidth to sit on committees for all the projects.”
Library Trustee Deb Payson expressed regret over the misunderstanding that led to the compliance issue, admitting to incorrect assumptions about the existing ramp’s accessibility.
“I incorrectly assumed if the front wasn’t (accessible) that someone would have let us known,” Payson said. “I just wish somehow the Disabilities Commission had been involved earlier to let us know.”
Payson emphasized that the oversight was not intentional and highlighted the library’s commitment to inclusivity in other areas of the building.
Library Trustee Chair Gary Amberik defended efforts to make the building accessible within budget constraints.
“We did everything inside the building possible to make this building fully accessible,” Amberik said. “We had a limited budget, and the front entrance was something we were trying not to disturb and work with within the building footprint.”
Building Commissioner Steve Cummings, who identified the ramp’s noncompliance, remains focused on equal access.
“It’s just about not excluding people with disabilities,” he has said. “If you’re not making something accessible, you’re not treating them equally. It’s as simple as that.”
Laurie Blaisdell, chair of the town’s Disabilities Commission, has said in the past that stricter enforcement by the Building Department is needed before projects break ground, not after they finish.
“It’s not really our role to issue a permit to see if it’s compliant,” Blaisdell has said. “That’s really coming from the Building Department.”
Blaisdell has suggested appointing a more authoritative accessibility coordinator to educate departments about accessibility rules and developing detailed checklists for inspectors to verify compliance. She emphasized that early consultation with the Disabilities Commission can save money by identifying issues before construction begins.
“We will have many more projects to be done,” Kezer said. “We need to make sure accessibility and safety are considered upfront for all of them.”
