§ 71-4. Procedure.  


Latest version.
  • 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.