Description
The City of Quincy repaired/improved this sidewalk in 2010 and it does not comply with the ADA laws requiring an accessible curb cut when sidewalk is "improved".
Please obey the law and install the curb cut. It isn't right to ignore those who face enough challenges in their lives. Thank you.
46 Comments
MaryGram™ (Registered User)
MaryGram™ (Registered User)
Hi, I'm still waiting (since 2010) for this issue to be addressed. The City of Quincy was required by law to install a curb cut and instead left a 90 degree angle corner that is already chipping away.
TIA
Chris Cassani (Registered User)
Can you please provide the ADA provision citing this? I have reviewed my notes on the ADA, and I have not been able to find the specific provision.
Chris
MaryGram™ (Registered User)
Chris,
This is a link to the rule that whenever a sidewalk is altered it must install curb ramps. I have the before and after photos of this section of sidewalk that clearly indicate this sidewalk was not made ADA compliant as required by this federal law.
http://www.ada.gov/smtown.htm#anchor26838
<< Whenever a town constructs a new road and sidewalk or alters existing roads and sidewalks, it must install curb ramps. >>
I look forward to a response.
Chris Cassani (Registered User)
Mary,
Thank you for providing this citation.
Our engineering office has reviewed this issue at length. They informed me that this project was part of a FEMA funded drainage improvement effort. The area in question did not have a handicap ramp installed (they verified this with pre-construction photos). The contractor who performed the work was required to restore the sidewalk area to its original condition, which they did (this is allowed under the ADA).
Having said that, as we move forward, funding for full scale road reconstruction may become available, and in that scenario we would then be able to make the type of repair you have requested.
Sincerely,
Chris Cassani
MaryGram™ (Registered User)
Thanks for the response, would you please provide me the actual language where this is allowed under the ADA?
Everything I've read indicates no excuses to ignore this law.
Chris Cassani (Registered User)
The link you provided provides that a City or town must intall curb ramps for new construction or for a situation where a road/sidewalk is altered. In this case, the roadway itself was not altered nor is it a new roadway. The City determined that restoring the road/sidewalk to its original condition was an appropriate course of action based on the ADA.
MaryGram™ (Registered User)
The sidewalk was indeed altered. There was never a 90 degree angle corner, there was a crumbling/failing rounded corner. In the mind of most folks, that is considered an alteration ... and not for the better.
And citizens and registered voters are left to scratch their heads as to how government agencies spin their stories and excuses.
I also wonder if this street were located in a more visible section of Quincy if it would have been made ADA compliant back in 2010.
MaryGram™ (Registered User)
Hi Chris
I'm still waiting for a response, the sidewalk in question was in fact altered.
Also, please let me know the precise section of the ADA that the city used as justificaiton for not installing the ramp.
TIA
Chris Cassani (Registered User)
Mary,
Part II Section D indicates that curb ramps must be installed for new construction or for areas that were altered. As I've indicated, the City performed maintenance work in this area, and the contractor performing the work was required to return it to its original state, which was done.
As I informed you in an earlier post, full-scale reconstruction will be considered for this project should funding become available for it. In that scenario, new curbs with ramps would be installed.
I am not going to address your other comments in this space, as this type of commentary is unhelpful.
Sincerely,
Chris Cassani
MaryGram™ (Registered User)
Hi Chris,
Thank you for your response, but I'm still trying to get an answer to my question. I see a sidewalk that has been altered, it now has a corner with a 90 degree angle, which it previously did not have. That is not maintenance work, that was an alteration. I'm attaching a "before" picture of the sidewalk.
I am asking again for the section of the ADA that said that the City didn't have to obey the law. Where are the definitions of "maintenance" and "altered" in the ADA?
TIA
Mary
MaryGram™ (Registered User)
Hi Chris
As a comparison, during the same time period, the City of Quincy also did repair work at the corner of Woodbine St./Cushing St. I've attached before and after images of this corner.
As you can see in the before image, this corner had an existing curb ramp. Then if you look at the after photo, you will see that a second curb ramp was installed side-by-side with the existing curb ramp. Why does this street corner need two curb ramps and the Weston Ave/Linden St corner got a 90 degree corner?
How is this considered maintenance work?
Mary
Johnny (Guest)
MaryGram™ (Registered User)
I've written to the mayor several times, no satisfactory answer. According to the "where does this report go", the mayor's office gets an email notification.
It would be nice if an answer to my question was provided. Where is the exception language in the ADA that allowed the city to avoid installing the curb ramp at the corner of Weston Ave/Linden St. And while they are providing that information, perhaps they can explain why an additional curb ramp was installed at the corner of Woodbine St./Cushing St. next to the existing curb ramp that was not altered during the same construction period?
Chris, can you please provide this information?
Chris Cassani (Registered User)
Good morning Mary,
The City engineer was asked to provide a report on this project based on your concerns. It indicated that this project was part of a FEMA funded drainage improvement effort. The area in question did not have a handicap ramp installed (they verified this with pre-construction photos). The contractor who performed the work was required to restore the sidewalk area to its original condition, which they did (doing so is allowed under the ADA, as I've indicated in the past).
The image you provided of Woodbine and Cushing indicates that a grass berm in poor condition was paved over without installing a new granite curb (if you look at the image, it is clear no granite curb was installed before the project began).
At this point, I think it is clear that you will disagree with the City on this problem. As I've indicated in the past, should funds become available for full-scale reconstruction , we will then be able to re-visit the issue.
Sincerely,
Chris Cassani
MaryGram™ (Registered User)
Hi Chris,
All I am asking for the exact wording in the ADA and FEMA rules that the city based their decision to not install the curb ramp when they altered (and they most certainly did alter the sidewalk) at Weston/Linden when they had no problem adding a second curb ramp (more like a ramp and a half) at the corner of Woodbine/Cushing.
Here are the links to FEMA and ADA websites.
http://www.fema.gov/
http://www.ada.gov//
Please provide me with the links to the specific pages of these two websites that contain the information that the city used to base their decision.
No one wants to provide me with this information.
I really don’t think this is asking too much from somebody who is paying your salary, now is it?
Mary
Amy (Guest)
Chris - I would like to make it clear that Mary is not alone in her disagreement with the city on this matter. I also feel that the City of Quincy has not done a proper job of providing support for their belief that a curb ramp was not required.
May I remind you that this ramp serves a building of over 100 units. Our existing handicap parking remains mostly unused, as there is no ramp. Individuals are dependent on the only 2 handicap street spots.
Thank You,
Amy Fritz
Chris Cassani (Registered User)
Just checking in to let you know that I've read both posts. I'm still looking into the issue, and I'll be in touch with any new information.
Chris
Mary V. (Guest)
I also live at 10 Weston Avenue and would like to affirm the need for a handicap ramp at the corner of Weston and Linden St. Surely, a building of over 100 units has enough handicapped and elderly residents to warrant a handicap ramp at the corner. If there is a compelling reason NOT to have the ramp, I'm with Mary L. in that we should see the exact wording that excuses the City. Why the blanket of secrecy?
Also, I'm certainly not a curb expert, but wouldn't a curb ramp be less apt to crumble over time than a 90 degree one? I'm just guessing...
Thanks,
Another Mary
MaryGram™ (Registered User)
Hi Chris,
Have you been able to make any progress getting the exact language from FEMA and the ADA that the city used to exempt itself from abiding with the ADA law? I've been contacting the city periodically over the last couple of years to get this information. If such information does exist shouldn't it be readily available?
JMHOYMMV
TIA
Mary
Chris Cassani (Registered User)
I'm going to be looking into possible ways that the City can perform the type of work you are looking for. I don't have any firm information yet. As I indicated in my last post, I will keep you all up to speed as soon as I have any more information.
Chris
Mary L (Registered User)
Hi Chris,
It's been awhile since you posted (two months) and now that summer is fast approaching I wanted to know if you were able to find the funding to correct the improperly modified sidewalk.
If that isn't an option, then please provide the exact language of the laws the city used to exempt itself from installing the sidewalk ramp.
I would appreciate a response.
Thanks,
Mary
Chris Cassani (Registered User)
The City is currently awaiting approval of the State budget for Chapter 90 road reconstruction funds before we begin any reconstruction projects. We believe that we will be able to use some of this funding to install ramps at Weston and Linden. I will keep you posted as I hear any more information. My response is contingent upon hearing final word from the State on those Chatper 90 monies.
Chris
RandyfromQuincy (Registered User)
Mary L (Registered User)
Hi Chris,
I look forward to your response regarding the curb ramp installation.
Thanks,
Mary
YesIpaytaxes (Registered User)
Αναγνωρισμένο Chris Cassani (Registered User)
Mary L (Registered User)
Hi Chris,
Now that we have arrived at early October would you please provide us with a status update on the ramp installation?
Thanks,
Mary
Chris Cassani (Registered User)
Mary L (Registered User)
Hi Chris
We've just past the "beginning of November" do you have a more definite date of repair that is more than two years overdue?
Thanks,
Mary
Long Overdue (Guest)
Chris Cassani (Registered User)
Tom (Guest)
Chris Cassani (Registered User)
Chris Cassani (Registered User)
Ross (Guest)
MaryGram™ (Registered User)
Hi All,
I am happy to report that construction on the curb ramp has started and will hopefully be completed very soon. I want to thank Chris for being the FIRST AND ONLY City employee who was willing to work with me. I began this journey 2 ½ years ago when the curb ramp was not installed as per the ADA law. I was brushed off by then DPW Commish Larry Prendeville. His attitude during the phone call was completely dismissive and insulting. His answer was simple, “No.”
I then reached out to the current DPW Commish Raymondi. Who apparently “stopped by” to take a look at the sidewalk and left me his business card. Funny, that he never told me he would be stopping by, I guess he didn’t want to take the chance that I would be there to talk to him.
I contacted the Mayor’s office several times where the brush off continued.
I’m thrilled to know that my neighbor who uses a walker and waits patiently for his ride each morning to the adult day care program is still alive to be able to use the curb ramp to board the van. Hooray!
I will circle back and post a picture once the construction is complete.
Thanks also to my neighbors and others who feel as I do that ADA laws are to be followed. You never know when one day you will find that you need the help too.
And most of all thanks to the power of SeeClickFix!!! I am a believer!
Mary
Jefferson (Guest)
Cynthia (Guest)
Deborah (Guest)
Lou (Guest)
Mary L (Registered User)
Mary L (Registered User)
Chris Cassani (Registered User)
Person (Guest)
Jeff (Guest)