Engineers Scrap Route 28 Variance Request Following New Design for ADA-Compliant Ramp
Key Points
- MassDOT withdrew a variance application after designing an ADA-compliant ramp for 1341 Route 28.
- The commission is establishing the Evelyn M. Boyle Impact Award to recognize local disability advocacy.
- Construction is underway to address curb-cut deficiencies reported by a resident at the Kmart Plaza.
- The 2024 Annual Report highlights town building accessibility audits and beach wheelchair program gains.
MassDOT and Niche Engineering representatives informed the Yarmouth Commission on Disability on February 13 that they have developed a solution for the building at 1341 Route 28 that meets all Americans with Disabilities Act (ADA) standards. The new design allows the team to withdraw a previously requested variance from the state, resolving a conflict regarding building access that the commission had closely monitored. Matt Sultzas of Niche Engineering explained that the solution involves a new proposed ramp at building entrances made of cement concrete supported by granite curb.
The project is part of a broader five-year infrastructure plan aimed at improving shared-use paths and pedestrian connectivity at the North Main Street and Old Main Street intersection.
Kim Miller of Niche Engineering presented a technical slideshow detailing how the revised design avoids the need for steps by using a ramp with a level landing and a 2% slope to meet the shared-use path.
This modification addresses the commission’s long-standing push for direct accessibility at commercial entrances along the busy corridor. Rob Antico, a MassDOT project manager, inquired during the presentation about the formal administrative process for retracting the variance request with the Massachusetts Architectural Access Board (MAAB)
to ensure the town and state records are aligned with the new compliant plans.
Commission members praised the update as a significant victory for local advocacy and technical cooperation. Member Gail Charette noted that the engineering team did a wonderful job putting this together because this commission was looking for exactly what you presented.
Clerk Glenn Martin, attending his first meeting since being sworn in, echoed the sentiment, calling the design a win-win for everybody
because it eliminates the need for a state variance while ensuring full access for residents with mobility challenges. Member John Mitchell also participated in the session remotely as the commission continues to integrate new members into its oversight roles.
In other business, the commission moved forward with plans to establish the Evelyn M. Boyle Impact Award, named in honor of the group's founder who spent 30 years advocating for disability rights in Yarmouth. The award is intended to recognize excellence in volunteering, advocacy, and direct support within the community. While discussing the logistics, Sarah O'Reilly, the town’s Human Resources Director and ADA Coordinator, advised against using a separate private email account for nominations due to Public Records Law and Open Meeting Law requirements.
She suggested the town host a dedicated electronic submission form instead. Martin recommended keeping the nomination language broad to avoid being pigeonholed
by specific categories, while Vice Chair Jessica Simmons noted the proposed criteria should serve as examples
of impact rather than strict limitations. The commission intends to present the inaugural award in July to coincide with Boyle’s birthday.
Accessibility deficiencies at the Kmart Plaza were also brought to the board's attention following a resident complaint regarding a 6-to-8-inch curb near the Paper Store that prevents wheelchair access. Member Mary Vilbon noted that the site is currently under construction and that project managers are already moving to fix the issue. I can tell you, my husband's been working on that construction site and they're well aware that it's not in compliance and they are working on it,
Vilbon said. Charette noted that without proper curb cuts, residents using wheelchairs are currently forced to travel long distances down a ramp
just to enter neighboring businesses.
The commission also reviewed its 2024 Annual Report, which highlights recent Community Access Monitoring (CAM) surveys of town properties and the ongoing success of the floating beach wheelchair program. During a discussion on board structure, O'Reilly clarified that she serves as a resource unless the appointing authority formally appoints them as a voting member,
though she noted residency requirements for town boards often complicate such appointments for staff members. Chair Phyllis Vennberg, who suggested using bullet points for the criteria
to make future award forms more readable, joined other members in confirming that the board is up to date on its biennial ethics training.