[HISTORY: Adopted by the Town Council of the Town of Franklin 1-22-2003
by Bylaw Amendment 02-508.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 185.
This chapter is adopted for the purpose of protecting the historic and
aesthetic resources of the Town of Franklin by reserving, rehabilitating,
or restoring whenever possible, buildings, structures, or archeological sites
which constitute or reflect distinctive features of the architectural or historic
resources at the Town, thereby promoting the public welfare and preserving
the cultural heritage of Franklin.
As used in this chapter, the following terms shall have the meanings
indicated:
The Franklin Historical Commission.
The permit issued by the Inspector as required by the State Building
Code for the demolition, partial demolition, or removal of a building or structure.
Any building, structure, or archeological site which is:
Importantly associated with one or more historic persons or events,
or with the architectural, cultural, political, economic, social history of
the Town of Franklin, the Commonwealth of Massachusetts, or the United States
of America; or which is
Historically or architecturally important by reason of period, style,
method of construction, or association with a particular architect or builder,
either by itself or in the context of a group of buildings or structures.
The Building Inspector of the Town of Franklin.
Any historically significant structure which, because of the important
contribution made by such structure to the Town's historical or architectural
resources, is in the public interest to preserve, rehabilitate, or restore.
The parcel of land on which an historically significant structure
is or was located.
The provisions of this chapter shall apply to only the following buildings,
structures, and sites:
A.
Buildings, structures, or sites listed on the National
Register of Historic Places or the State Register of Historic Places.
B.
Buildings, structures, or sites which in whole or in
part were constructed before 1930.
C.
Notwithstanding the above, the provisions of this chapter
shall not apply to any building, structure, or site located in a local historic
district and subject to regulation under the provisions of General Laws Chapter
40C.
A.
Upon receipt of an application for a demolition permit
for an historically significant building, structure or site, the Inspector
shall forward a copy thereof to the Commission. No demolition permit shall
be issued at that time.
B.
Within seven days of receipt of the application by the
Commission, the Chairperson of the Commission shall post the date for a meeting
of the Commission at which the application shall be heard. The hearing shall
take place no fewer than 14 days and no more than 28 days after the receipt
of the application from the Inspector. The Commission shall give public notice
of the hearing by publishing at least 14 days before the hearing an announcement
in a local newspaper of the time, place, and purpose of the hearing. The Commission
shall also mail a copy of said notice to the applicant, to all abutters, to
the owners of all properties deemed by the Commission to be affected by the
proposed demolition, to the Franklin Historical Commission, and to any others
the Commission deems entitled to notice.
C.
If, after the hearing, the Commission determines that
the proposed demolition of the historically significant building, structure,
or site would not be detrimental to the purposes protected by this chapter,
the Commission shall notify the Inspector within 10 days of such determination.
Upon receipt of such notification, or after the expiration of 15 days from
the hearing if he has not received notification from the Commission, the Inspector
may, subject to the requirements of the State Building Code and any other
applicable laws, bylaws, rules and regulations, issue the demolition permit.
D.
If the Commission determines that the demolition of the
historically significant building, structure, or site would be detrimental
to the historical or architectural resources of the Town, such building, structure
or site shall be declared a preferably preserved historically significant
structure.
E.
Upon a determination by the Commission that the historically
significant structure which is the subject of the application for a demolition
permit is a preferably preserved historically significant structure, the Commission
shall notify the applicant and the Inspector, and no demolition permit may
be issued for at least one year after the date of such determination by the
Commission.
F.
Notwithstanding the above, the Inspector may issue a
demolition permit for a preferably preserved historical structure at any time
after receipt of written advice from the Commission to the effect that either
of the following applies:
(1)
The Commission is satisfied that there is no reasonable
likelihood that either the owner or some other reasonable person or group
is willing to purchase, preserve, rehabilitate, or restore said structure;
or
(2)
The Commission is satisfied that for at least six months
the owner has made continuing, bona fide, and reasonable efforts to locate
a purchaser to preserve, rehabilitate, and restore the subject building or
structure, and that such efforts have been unsuccessful.
Nothing in this chapter shall restrict the Building Commissioner from
immediately ordering the demolition of any building or structure in the event
of an imminent danger to the safety of the public.
A.
The Commission and the Inspector are each authorized
to institute any and all proceedings in law or in equity as they deem necessary
and appropriate to obtain compliance with the requirements of this chapter
or to prevent a violation thereof.
B.
No building permit shall be issued with respect to any
premises upon which an historically significant structure has been voluntarily
demolished in violation of this chapter for a period of two years after the
date of the completion of such demolition.
If any section, paragraph, or part of this chapter be for any reason
declared invalid or unconstitutional by any court, every other section, paragraph,
and part shall continue in full force and effect.
