We, as residents and homeowners at 633 Market Street in Old Town North Wheeling, write today in opposition of the proposed Preservation Design Review Guidelines (hereafter: the Guidelines).
Melissa Saville purchased our home in 2011, and we have shared it since 2015. Brandon Holmes first moved to North Wheeling in 2001, and has resided in the neighborhood continuously since returning to Wheeling in 2011. We are both currently employed as the owners of a firm specializing in restoration of furniture and architectural elements and have been active in historic preservation efforts for over a decade.
We believe the guidelines, as proposed, do not address any of the current problems that North Wheeling residents are experiencing, could be financially ruinous and degrading for long-term residents, could put the City and HLC in violation of federal law, and are particularly poorly timed due to the ongoing Covid-19 pandemic. Our opposition and the reasons below represent our beliefs and those expressed by many of our neighbors on Market Street, who are unable or unwilling to speak out – many for fear of reprisal from supporters.
Old Town and the greater North Wheeling neighborhood have made great improvements in the past 20 years. Many homes have been updated and repaired. However, the fact remains that our neighborhood continues to be a hotbed of drug and related crime. Overdoses are common. Theft and property destruction related to drug activity are also common. The restrictions outlined in the Guidelines will do nothing to address these problems.
We also continue to have a number of dilapidated structures. The Guidelines will likewise do nothing to address these structures – if a homeowner, slumlord or property hoarder can’t or won’t make a $500 repair, regulations that drive that repair up to $5,000 will only further guarantee it does not get made. The worst properties will slip even further into disrepair.
North Wheeling, particularly the 600 block section of Old Town, is traditionally a working-class neighborhood. Many residents are on limited or fixed incomes such as Social Security. They proudly own their homes and keep them up as best they can. These residents may well be able to afford normal updates and repairs to the façade of their homes, however, the Guidelines will massively increase the cost of replacement or repair of things like windows, gutters, HVAC systems, and other façade work. A homeowner who can afford a $500 repair or update can very often not afford one that has been pushed to $5,000.
For example, while a replacement window may be purchased for $250, the restoration of wooden windows can cost over $900 per sash. There are a limited number of restoration professionals available. Under the Guidelines, if an addict breaks out someone’s window in the middle of winter, the homeowner will not simply be able to replace the window with an affordable unit. They could have to wait potentially months while they navigate the approval process laid out in the guidelines (many meetings addressing this in other neighborhoods have been woefully delayed), then try to save up for a replacement whose price has been massively inflated due to restrictions of the Guidelines. Homeowners with health issues, limited budgets, and limited ability will find themselves made unable to maintain their homes.
Proponents of the Guidelines have told us to “trust them” that monies will be available from the City of Wheeling to cover the increased costs. To our knowledge, no monies have been specifically appropriated. Even if they were these funds typically come as reimbursement grants. This means the homeowner has to somehow finance unnecessarily expensive repairs with no certainty that they will be reimbursed. If they have used the equity in their home to finance the cost of repairs, and for some reason they do not get their grant monies, they may well lose their homes from attempting to comply with preservation restrictions and requirements. When asked multiple times about this very real possibility, supporters of design review, including at least one elected official, declined to comment.
Page 11 of the guidelines contains a section related to window AC units, noting that homeowners must get an agreement from HLC to use a window AC. For those that suffer from a variety of health ailments – including people in our home and several of our neighbors – functioning air conditioning can be a matter of life or death in the peak of summer months. Homeowners with health issues can often not cut through additional red tape of having a committee approve their medical devices, nor afford to comply with complex guidelines for their installation – if they can even find a contractor to facilitate. If residents are forced to divulge medical conditions in order to have medically necessary AC, it could place the City of Wheeling and the HLC in violation of the Health Information Privacy Protection Act as well as other federal laws protecting the right to privacy. The City and HLC could and likely would face costly lawsuits from residents forced to state their medical reasons for air conditioning or restricted from having medically necessary devices due to the Guidelines.
The Guidelines contain no provisions for homeowners to claim economic hardship in relation to their ability to maintain their homes if they are unable to afford to follow the Guidelines. The process for economic hardship for demolition requires a public hearing. Forcing homeowners to disclose their financial situations – especially those already facing hardship – is downright degrading. This, along with the insensitivity of supporters to objections based on financial hardship, makes the proposed Guidelines smack of an attack by the “haves” of the neighborhood against the “have nots.”
No restrictions or regulations of this magnitude should be placed on homeowners in the midst of a global pandemic. The price of lumber has increased over 300% since May of 2020 and is expected to continue to rise. The cost of many other building materials is also highly inflated. At the same time contractors and restoration professional are as scarce and stretched as ever. Many homeowners can hardly afford regular maintenance in this climate, let alone costs that have been driven up by regulations unrelated to safety.
Many homeowners have been unable to attend meetings, including this one, due to fears of Covid. City code requires notifications to be sent via certified mail, however, due to Covid, USPS is not currently requiring signatures for certified mail, meaning there is no guarantee that homeowners will receive any notifications or ballots. Claims have been made by supporters in only forums that are not reflected in the written document. This includes a statement by Ward 2 Councilman Ben Seidler that, “we only care about what goes on with the front street facing part of your home.” However, page 5 of the Guidelines clearly states that, “All exterior changes are subject to review and approval by HLC.” Homeowners are not able to receive the information they need and could find their property rights curtailed and their ability to keep their homes threatened without having the chance to react. In this climate of pandemic and disinformation no action should be taken on the Guidelines until Covid restrictions have been listed and homeowners have had a chance to understand what is being proposed.
We understand and appreciate that the Guidelines were made in the spirit of improving our neighborhood, and as a way to allow Old Town homeowners to access City Façade Improvement Program funds. However, as written the guidelines are unacceptably overreaching, potentially debilitating and degrading to homeowners, and poorly timed.
We, and neighbors we have spoken to, believe that any restrictions should apply only to rental and other income-producing properties. Guidelines should be suggestive for homeowners and VOTA and HLC are welcome to provide technical assistance and funding in order to help homeowners preserve the character of our neighborhood.
We ask that HLC table the current guidelines and encourage supporters to craft a document that respects the financial situation of all homeowners in the neighborhood, provides assistance rather than demands and restrictions, and can be considered at a time open to all.
Respectfully,
Brandon W. Holmes
Melissa A. Saville
