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HomeMy WebLinkAboutEXHIBIT B- APPEAL NARRATIVE 1 Joyelle McSweeney 628 Park Ave South Bend IN 46616 610-745-3059 SUMMARY OF REASON FOR APPEAL: I am writing to appeal the ruling of the Historic Preservation Committee on April 13, 2022, denying us a certificate of approval for our proposed lead abatement plan at our home address, 628 Park Avenue, South Bend. In October 2021, our three-year-old tested with elevated lead levels. Our pediatrician informed the St Joseph County Board of Health, and a mandatory County Lead Inspection performed. The inspector found elevated lead levels throughout our home and property, particularly on the interior frames of our windows. She gave us a list of licensed lead-abatement contractors to consult and informed us that we were legally required to abate the lead, and that she would be back to inspect after the abatement was complete. We contacted several contractors; many were not available or only do commercial bids. Eventually we were able to receive bids from two. One proposed replacing all 30 windows with new windows. The other, GreenTree, proposed repairing the majority of the windows with a process called encapsulation, and replacing only 6 of the windows-- the 6 that were found to 2 have the highest lead levels per county inspection. The County lead inspector informed us it is not unusual to have individual windows, doors, etc, test much higher than others, based on wear and tear, etc. Green Tree is a reputable firm who does lead remediation for the City of South Bend. We went over their bid with the County lead inspector and felt it was reasonable and safe. We then filled out a form with the Historic Preservation Commission for a certificate of appropriateness for replacing the 6 windows; we worked with the Commission Administrator, Adam Toering, inviting him into our home, discussing these particular windows and the lead inspector's report, etc. When he proposed that the commission would look more favorably on another replacement material, such as aluminum windows, we amended our bid to propose aluminum rather than vinyl replacement windows, even though this raised the bid by several thousands of dollars. We also consulted with a window restorer but learned that they do not have the appropriate lead license to do this work. We went before the Historic Preservation Commission twice with our proposal; the first time, they said they needed more information, so we put them in touch with the County lead inspector. At the second meeting, we brought a representative from Green Tree. 3 At this point it was April, at least five months since our toddler received his positive lead screening. Despite all our efforts, patience, and good faith, the Commission voted to deny our request for approval to replace these six windows. Simply put, their comments accompanying their decision are incorrect. They suggest that we have not been diligent in exploring other options, yet we clearly have: we contacted a number of contractors, secured two bids, went with the bid proposing the fewest replacements, met with their consultant, adapted our bid, and contacted window restorers. Their suggestion that we haven't shown diligence or that our judgement is clouded is insulting and incorrect. Moreover, the commission seems to care very little about the central fact of this entire story: our child screened with elevated lead levels. We are thus working under a county mandate to abate this lead, and must work with appropriately licensed contractors, after which the house will be inspected again. The techniques proposed in the bid are in line with the County lead inspector's report. The Historical Preservation Commission's remarks are dismissive of the health of our child and by extension of the children of the city of South Bend. South Bend's lead problem and the way it's harming children was at the center of a feature article in the New York Times (3/29/22). This is an urgent problem. 4 We beg for relief so that we can go forward with the lead abatement process and make the home safe for our toddler, as well as our two teenage children.