The Swampscott Commission on Disability has been working with a woman who resides at the Westcott due to an alleged lack of adequate parking spots for her.
The commission was notified by the Senior Center about a woman, identified as “Carol,” Chair Lauren Shrestha shared during a meeting Friday. Following several hip replacements and other medical issues, she has been seeking a parking accommodation after being offered street parking when no reserved spaces were available.
“That wouldn’t work in the weather and things like that,” said Commission on Disability Member Kevin Shields. “She couldn’t walk.”
Ed Cafasso, of Bending Light Communications who works on behalf of the real estate developer WinnCompanies, told the Swampscott Tides that the Westcott is working on the issue.
“We are working with the resident to find a reasonable solution, and we are hopeful we can resolve the issue soon,” Cafasso said. “We also are continuing to advocate on behalf of all residents of The Westcott for improved parking opportunities and access in the neighborhood.”
After nearly two years of construction, the Westcott opened last summer. The development includes 113 residential units and 131 parking spaces, including two handicap-accessible spots in a covered garage and three outdoor spaces available on a first-come, first-served basis.
During a tour of the Westcott when it opened, the Swampscott Tides was told that “no one’s parking on the street” as “that was a big thing with the town.”
“They offered her street parking,” Shrestha said on Friday, noting there are currently no reserved parking spots available at the Westcott. “She’s fall-risk, so she declined it. But that was their offering, parking near the entrance but she would have to walk down a sidewalk.”
Commission on Disability Member Michelle Steingiser noted that “just a random street space is not appropriate to offer somebody who has a handicap tag.”
“It sounds like in Massachusetts, if you’re parking on their sidewalks, their must be curb cuts at each access aisle,” Steingiser said, adding that the location is meant to be provided in an area that is the “shortest, safest, most accessible route to an accessible entrance.”
Shrestha also reached out to the Massachusetts Office on Disability. The office noted that Carol made a “reasonable accommodation request” but that laws like the Fair Housing Act and Rehabilitation Act could come into play.
The Fair Housing Act states that housing providers must grant “reasonable accommodations” to parking rules and policies so that tenants with disabilities have equal access to their homes. The Rehabilitation Act mandates nondiscrimination for disabled individuals, and the Americans with Disabilities Act (ADA) enforces handicap parking space standards.
“When it comes to accessible parking spaces and housing, people often think of handicapped parking spots, but the best practice is actually to assign the tenant a reserved standard parking spot as close to their unit or entrance as possible,” Shrestha read from an email from the Massachusetts Office on Disability. “Handicapped parking spots should be available for anyone to use and should not be used for exclusive parking. If the reasonable accommodation request cannot be met as she proposed, the housing provider should enter an interactive process to propose alternatives.”
Shrestha had a call with the Westcott’s management, she said. Her proposal is to convert the existing handicap parking under the covered awning to a reserved spot for Carol, while adding an additional handicap space outside to ensure the property is still in compliance with the ADA regulations.
“I figured that’s the only option,” Shrestha said. “They said there’s a long waitlist…She feels very trapped right now…so I’m hoping they agree to this idea.”
Shrestha also noted her contact at the Massachusetts Office on Disability “seemed in support of converting” the spots.
“If they deny this conversion of the existing handicap spot, that’s when we’ll have to get creative again,” Shrestha said. “That’s an ongoing situation.”
