Framingham subcommittee backs revised demolition-delay rules, sends changes to full council

The Framingham City Council Rules, Ordinances and Ethics Subcommittee voted May 27 to recommend revised language for the city's historic demolition-delay ordinance to the full City Council and declined to make a separate recommendation on whether the rule should remain a general ordinance or be converted into a zoning ordinance.

The recommendation takes forward proposed changes crafted by the Historic Commission and presented by Paul Silva, chair of the Historic Commission. The proposal would raise the age threshold from 75 to 80 years for triggering review, remove separate definitions for "demolition" and "demolition by neglect," and change delay periods so that ordinary qualifying properties would face a 12-month delay and Cultural Resources Index (CRI) properties would face an 18-month delay while preservation options are pursued.

The change matters because it affects how and when property owners must submit demolition permits for review and how long the city may delay demolition to seek preservation alternatives. "We just wanna protect old houses in Framingham that need to be saved," Paul Silva said during the meeting, arguing the longer delay gives preservationists more time to identify alternatives.

Senior Planner Yvonne Johnson told the committee the Historic Commission has received 19 demolition-review applications over the past three years and that only one of those structures proceeded to a public hearing; that case ultimately was released for demolition after review. "When you compare that to the number of houses within the city of Framingham, that's quite minimal," Johnson said, describing the proposed changes as targeted rather than broadly disruptive.

Committee members discussed whether the demolition-delay mechanism should be placed in the city's general ordinances or moved into the zoning code. Councilor Long, chairing the subcommittee, said the city solicitor had advised the ordinance currently operates in the general ordinances and that most Massachusetts municipalities house demolition-delay rules in general bylaws. The subcommittee chose not to make a recommendation at this time on shifting the ordinance into the zoning code so that the Planning and Zoning Subcommittee can weigh in and the full council can consider both bodies' recommendations.

Committee members and Historic Commission representatives emphasized procedural clarifications in the draft: the demolition-review process is concurrent with building-permit review, initial reviews are intended to occur within 30 days, and there is no fee to appear before the Historic Commission unless the matter advances to a formal public hearing. Kevin Swope, a commission member, said the revisions narrow the scope so that only proposed full demolitions generally come before the commission, not ordinary renovation work.

Several councilors expressed support for the updated language while acknowledging trade-offs. One councilor noted that raising the age threshold from 75 to 80 will increase the number of properties that technically qualify but said the CRI list is the more targeted tool for identifying buildings meriting longer protection. "It gives them the opportunity to come up with a solution," Councilor Adriani said of the longer delay for CRI properties.

Action: Councilor Long made a motion to recommend the revised ordinance language to the full City Council; Councilor Adriani seconded the motion. The committee recorded a unanimous vote in favor. Separately, the subcommittee elected to "take no action" at this meeting on recommending whether the ordinance should be moved from the general ordinances into the zoning code; that jurisdictional question will be considered by the Planning and Zoning Subcommittee and by the full council.

The revised draft and the Historic Commission's memo will be forwarded to the full City Council for consideration; Planning and Zoning will also be asked to review the jurisdictional question and the draft language. If the council adopts the amendments, the changes would alter which properties trigger review and lengthen the delay period available for preservation options on CRI-listed properties but would not automatically block demolition where the commission or council determines preservation is not warranted.

The subcommittee adjourned after the vote.