[MassHistPres] deleading of windows

[slater at alum.rpi.edu]

>We have an owner who replaced windows without a
>permit as part of a 
>deleading process. The windows have been retained but he is now 
>claiming that "there is no way to entirely the strip the lead out of 
>the wood sash". (Presumably the fact that it is sash vs any other 
>type of wood should be irrelevant.)
>
>Encapsulation seems to be off the table as we have been told that in 
>the context of a sash at least, it is only certifiably acceptable for 
>a limited period of time -- I assume because of the risk of chipping.
>
>Can anyone cite chapter and verse on the basic issue of residual lead 
>in stripped wood? This seems like hokum because wood trim is 
>stripped all the time, but we need legal citations
>

You should be able to refute his argument (presumably against vinyl
replacements) on grounds other than lead paint. Even if he can prove the
"hardship" of wood impregnated with lead (which I don't think is a
"condition speficially affecting the property, but not the district in
general" since it would affect all properties in the district), that
doesn't give him carte blanche to put in whatever he wants.

As has been pointed out here before, Brosco makes low-cost wooden
single-pane windows in many shapes and sizes. The owner also has the
option of going with custom replacements from a mill house, or even
going with something mid-range like a Marvin window with simulated
divided lights (if you allow that) on the exterior. I've seen some
Marvins and they are virtually indistinguishable from originals.

If he talks about energy efficiecy, stop him in his tracks. Energy
efficiency is certainly not a hardship condition, because it is possible
to have windows with storms that provide good energy efficiency, and
because that usually isn't something that affects the property
specifically either.

Ralph Slate
Springfield, MA