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Committee approves zoning change letting building official waive some egress dimensional standards with ADA caveats
Summary
The land use committee voted unanimously to recommend an ordinance amendment allowing the building official to waive certain dimensional standards for means of egress, and amended language to require waivers be allowed only when changes are 'feasible without undue financial hardship.'
The Somerville City Council Land Use Committee voted unanimously June 19 to recommend approval of an amendment to Article 2 of the zoning ordinance that would permit the building official to waive certain dimensional standards for means of egress, subject to clarified language limiting waiver authority.
Attorney David Shapiro had reviewed the proposed language and recommended two options: a clarification that the ordinance must not conflict with Americans with Disabilities Act (ADA) accommodations, and changing the standard wording from "possible" to "feasible without undue financial hardship." Shapiro told the committee he believed the language as drafted was lawful but suggested the changes as clarifications.
"The best thing to do would be to have staff and all the stakeholders get together and talk about that and figure out what are the concerns," Shapiro said. He also recommended adding feasibility language in the waiver standard.
Councilor Wilson moved to amend Section 2.4.1(b) to replace the word "possible" with the language "feasible without undue financial hardship." The amendment passed on a roll-call vote with Councilors Davis, Saeed, Wilson, Ewan Kampen and McLaughlin voting in favor. The committee then moved to make the same change in Section 2.4.1(c); that amendment also passed unanimously.
After the amendments, the committee voted to recommend approval of the ordinance change as amended. The roll call on the recommendation for approval was unanimous.
Committee members and city staff discussed concerns about preserving compliance with ADA requirements and ensuring the waiver is used only when no reasonable alternative design is feasible without undue hardship. Planning and Inspectional Services staff said the language helps clarify that existing compliant design solutions should be considered before a waiver is granted.
The committee’s recommendation will go to the full City Council for final consideration.
