The Community Access Project, in partnership with the Boston Center for Independent Living, provides a letter to the MA Architectural Access Board and the Beacon Hill Architectural commission to encourage and support the development of accessible housing within the Beacon Hill Historic District. October 2011.

1. October 27, 2011
Boston Center For Independent Living Community Access Project
Karen Shneiderman, Senior Advocacy Specialist Eileen Feldman, Director
60 Temple Place P.O. Box 434
Boston, MA 02111 Somerville, MA 02143
RE: Meeting with the MA Architectural Access Board and the Beacon Hill Architectural
Commission, October 31, 2011- Regarding 40 Temple Steet Boston, MA
AAB Docket #V11-137 and BHAC Application 11.1137 BH
MA Architectural Access Board
Donald Lang, Chair and Thomas Hopkins, Executive Director
Contact: kate.sutton@state.ma.us
One Ashburton Place - Room 1310
Boston, MA 02108
Beacon Hill Architectural Commission
Joel Pierce , Chair and D. Bryan Glascock, Director
Contact: cailtin.greeley@cityofboston.gov
Room 801 - Boston City Hall,
Boston MA 02201
Dear Mr. Lang, Mr. Pierce, Mr. Hopkins, Mr. Glascock, and all Board Members of AAB and
BHAC,
The Boston Center for Independent Living and the Community Access Project have a partnership
in reviewing, analyzing and providing comments and recommendations regarding architectural
accessibility topics impacting the Greater Boston area (Metro Boston and 39 surrounding
communities).
We would like to contribute to this important dialogue between the Massachusetts AAB and the
Beacon Hill AC because, these two coevolving necessities- ensuring that 21st century public-use
programs and facilities are usable and barrier-free; and, ensuring the architectural conservation of
Beacon Hill's precious historic features- converge to impact all future leadership, educational and
political opportunities for people with disabilities in the Commonwealth.
The rehabilitation of 40 Temple Street with an accessible Front entrance will be a win-win-win,
because it can unite diverse stakeholders, principles of sustainable stewardship, and the
community's stated aspirations.
The 40 Temple Street project will rehabilitate a property that has deteriorated over time, while
prolonging the integrity of this building as a residential-use facility.
The applicant has developed a feasible design that will alter the entry vestibule by removing steps
and lowering doors to grade; re-using the existing door and side-lights if possible; and installing a
new transom window above the door.

2. This design will allow the owner to retain and repair historic materials, while meeting three
necessary and mutually dependent objectives:
1: fulfilling this public accomodation's accessibility mandates1;
2. preserving and sustaining the use of Beacon Hill's existing housing stock while making
this building more functional for current and future users2; and
3. contributing to the success of the Beacon Hill community's noble aspirations3.
We respectfully offer the following four points to encourage the acceptance of the 40 Temple St.
Front Entry Design:
• 40 Temple Street lodging house is a place of public accommodation and it is feasible to
comply with Federal law at 28 CFR 36;
• 40 Temple MA lodging house is a privately financed building that is open to and used by
the public. This Front Entry design provides a technologically feasible plan to comply with
State requirements at 521 CMR, and will provide substantial benefit to persons with
disabilities;
• Temple Street is part of an evolving, contemporary urban residential community; and
• There is a demonstrated need for accessible housing options in the Beacon Hill
neighborhood.
40 Temple Street lodging house is a place of public accommodation and it is feasible to comply
with Federal law at 28 CFR 36
This lodging house is a place of public accommodation (see 28 CFR 36.104) and must adhere to
the Federal Department of Justice's 2010 Title III ADA regulations, which states, "A public
accommodation shall not subject an individual or class of individuals on the basis of a disability or
disabilities of such individual or class, directly, or through contractual, licensing, or other
arrangements, to a denial of the opportunity of the individual or class to participate in or benefit
from the goods, services, facilities, privileges, advantages, or accommodations of a place of public
accommodation." [ref: 28 CFR 36.202(a)]
1
Lodging House defined: 28 CFR §36.104. Nondiscrimination in Public accomodations: 28 CFR §36.202(a). Historic
Preservation, Alterations: 28 CFR §36.405.
2
The National Trust for Historic Preservation and the Friends of the National Center for Preservation Technology and
Training developed the Pocantico Proclamation on Sustainability and Historic Preservation in June 2009. Three
premises of sustainable practices are developed; the third is the Equity Imperative, which states, "Our consumption
patterns must be altered to foster social equity, cultural diversity, and survival of
all species." See Pocantico Proclamation at: http://www.preservationnation.org/issues/sustainability/additional-
resources/Pocantico-Proclamation.pdf
3
The Beacon Hill Civic Association conducted a comprehensive community-wide dialogue to assess the needs and
aspirations of Beaacon hill residents in 2008 and published A Plan for the Neighborhood, which is found at:
http://bhcivic.org/pdf/about/a_plan_for_the_neighborhood.pdf

3. It is feasible for the 40 Temple St. rehabilitation project to overcome some of its present structural
barriers in a manner that does not threaten or destroy the historic significance of this building. The
Project owners are fully capable of adhering to Federal Historic Preservation mandates as found in
28 CFR §36.4054, and of complying with their mandated code requirements with minimal material
loss and visual change to this facility.
BCIL and CAPS thanks the architects and Project Managers for developing a feasible plan that will
provide certain sustainable accessibility capabilities within the residential accommodations
provided at 40 Temple Street.
40 Temple MA lodging house is a privately financed building that is open to and used by the
public. This Design Plan provides a technologically feasible alternative to certain requirements
at 521 CMR, and will provide substantial benefit to persons with disabilities.
The Massachusetts Regulations at 521 CMR, have been developed and amended by experts in
design and usability, who are the Staff and Board members of the Architectural Access Board.
They are tasked with developing and enforcing regulations designed to make public buildings
accessible to, functional for, and safe for use by persons with disabilities.5
Public buildings are buildings constructed by the Commonwealth or any political subdivision
thereof with public funds and open to public use, as well as privately financed buildings that are
open to and used by the public, such as 40 Temple St..
BCIL and CAPS support this design plan,which will enable the proprieters at 40 Temple Street to
provide an accessible entrance so that people with disabilities can equitably and substantially
benefit from the housing opportunities at this prime location.
Temple Street is part of an evolving, contemporary urban residential community
The 40 Temple Street lodging house is a significant property within the Historic Beacon Hill
District created by St. 1955, c. 616 [101-103]. It is across the street from the relatively new Suffolk
Law School building at 41 Temple Street, which was commemorated in 1966.
As a result of the major Temple street reconstruction project; plus the auto-restrictive policy
making that occurred in the early 1970s , Temple Street evolved into a decreased auto traffic
environment, with additional and wider east and west brick sidewalks, a narrowed roadway to
accommodate only one travel lane with service pull-offs; and, No Parking restrictions. These
developments enabled this residential/university street to offer a pedestrian link between
Government Center, North Station and the State House.
4
28 CFR § 36.405 Alterations: Historic preservation can be found online at:
http://tinyurl.com/3sdkzen
5
This section relies on Mass.gov e-access information found at http://tinyurl.com/yj7x73c

4. Today, the brick sidewalks along Temple Street continue to present a difficult pedestrian
environment for pedestrians of all ages who use wheeled mobility devices, strollers, canes and
walkers; nevertheless,
in 2011, users of all gender types, abilities, ages, races, ethnicities and economic class have gained
equal civil rights to enjoy, in the most integrated manner possible, all the freedoms, liberties,
opportunities and pursuits that are available within the contemporary social, educational and
community fabric of Temple Street, Beacon Hill, Massachusetts.
above: Temple Street, Beacon Hill (1969). from
http://www.law.suffolk.edu/about/history/image.cfm?PhotoNum=SU-0098
above: image on p.10 from the Beacon Hill Civic Association's 2008 Plan for the Neighborhood.
http://bhcivic.org/pdf/about/a_plan_for_the_neighborhood.pdf

5. There is a demonstrated need for accessible housing opportunities in the Beacon Hill
neighborhood.
The Beacon Hill/Back Bay neighborhoods include as many as 12% of households who are
accommodated within group quarters and are relatively short-term residents associated with
educational and political opportunities abounding in this neighborhood.6
Yet, although there are certain affordable opportunities for individuals and families with physically
diverse abilities (such as the Joy St. residences); the entire Beacon Hill Historic neighborhood, with
its approximately 5,404 housing units7 has few, if any, available accessible or adaptable housing
opportunities for people who need to live in the District and require structurally accessible units.8
In summary: We strongly support the Applicant's Front Entry Design Plan, which will enable the
proprietors of the 40 Temple St. lodgings to provide an accessible housing choice for visiting
scholars, students and other individuals living with various physical disabilities, who need to live
in a lodging facility within Beacon Hill.
We believe that history will support the conclusion that Accessibility is a threshold Sustainability
Principle. The beneficial consequences of maximizing architectural accessibility accrue to an
entire community, not just to a class of individuals known as "persons with disabilities." Beacon
Hill's evolving accessibility improvements will increase this neighborhood's social capital; while,
supporting the diversity initiatives of the City of Boston and Massachusetts.
We stand at the ready to collaborate and support continuing discussions of these important
themes.
Thank you very much.
Sincerely,
Eileen Feldman - CAPSom@verizon.net
Karen Schneiderman - KSchneiderman@bostoncil.org
6
See the Boston Parks & Recreation Master Plan, at
http://www.cityofboston.gov/parks/pdfs/os3b.pdf: "Group quarters accommodate 12% of
households, likely due to the number of college students and some lodging house tenants. "(p. 46)
7
BRA's demographic profile of Beacon Hill, 2005-2009:
http://www.bostonredevelopmentauthority.org/pdf/ResearchPublications//BeaconHillACSNBHD.p
df
8
The MassAccess registry (http://www.massaccesshousingregistry.org/) reports that, at present, the
only accessible/adaptable units in the entire Back Bay area are at the Clarendon residencies.