Access and Architecture Collide as Beacon Hill Lawsuit Progresses

Boston, MA - Beacon Hill is undeniably charming, with its sloping streets and rutted, red brick sidewalks. But that beauty and history can combine to create challenging navigation for differently able individuals, whether in wheelchairs or walkers.

As shared in this week's Beacon Hill Civic Association newsletter, the long-running legal search for a compromise between architectural history and Americans with Disability Act-compliant accessibility continues, with some forward motion last Friday.

A little quick background: This case has been in Suffolk Superior Court since 2014, when the City of Boston moved to start handicap ramp construction in the neighborhood. The poured concrete and plastic composite designs put forward by the city were rejected by the Beacon Hill Architectural Commission, and had not been approved by the Massachusetts Environmental Protection Act (MEPA) office, according to the BHCA.

So, the civic association took the city to court, arguing "the City’s decision to bypass these regulatory safeguards has ostensibly left the entire streetscape of Beacon Hill outside the protection of our decades-old historic preservation laws." The city replied it had indeed been working with the neighborhood association and related groups, and that the handicap ramps were necessary to meet ADA accessibility standards.

At BHCA's urging, the court issued an injunction in summer 2015 to halt construction of new ramps by the city, rerouting the decision through the MEPA office, effective with a city filing this March.

Last Friday, MEPA determined the matter was not within its jurisdiction, and suggested it instead be assessed by the Massachusetts Historical Commission. It is unclear at this point whether that commission will take on the issue. Patch is awaiting confirmation from MHC.

In a letter to Beacon Hill neighbors Friday, civic association leaders commended the recommendation.

"The BHCA applauds referral to MHC and hopes that during the course of this review the City will revise the design to be consistent with the Architectural Commission’s guidelines," wrote board chairman Mark Kiefer and president Suzanne Besser.

>> Photo by Alison Bauter, Patch staff