[HISTORY: Adopted by the Annual Town Meeting
of the Town of Marblehead 3-11-1968 by Art. 19. Amendments noted where
applicable.]
This Bylaw is adopted pursuant to the Old and
Historic Marblehead Districts Act, Chapter 101 of the Massachusetts
Acts of 1965 (the "Act"),[1] in consideration of the purposes set forth in Sections
2 and 5(b) of the Act. It may be amended as provided in the Act.
[Amended 5-5-1976 ATM by Arts. 72 and 73]
There are hereby established in the Town of
Marblehead two historic districts (each hereinafter sometimes called
"district") to be bounded and described as follows:
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Old
Town District.
Beginning at the point of intersection with
mean low water mark of a line projected across and at right angles
to Gregory Street at the intersection of the westerly line of Gregory
Street and the northeasterly line of Waldron Street; thence along
said projected line to said intersection of Gregory Street and Waldron
Street; thence southwesterly on the westerly line of Gregory Street
to a point 100 feet from the intersection of the westerly line of
Gregory Street and the southwesterly line of Waldron Street; thence
northwesterly parallel to and 100 feet from the southwesterly line
of Waldron Street to a point 100 feet southeasterly from the southeasterly
line of Waldron Court at its intersection with Waldron Street; thence
southwesterly, southeasterly, southwesterly, westerly, northeasterly,
northwesterly and northeasterly parallel to and 100 feet from the
corresponding lines and end of Waldron Court to a point 100 feet southwesterly
from the southwesterly line of Waldron Street at its intersection
with Waldron Court; thence northwesterly parallel to and 100 feet
from the southwesterly line of Waldron Street to a point 100 feet
from the southerly line of South Street at its intersection with Waldron
Street; thence westerly parallel to and 100 feet from the southerly
line of South Street and the southerly line of Washington Street to
a point 75 feet beyond the intersection of the southerly line of South
Street and the southerly line of Washington Street and then northerly
across Washington Street at a right angle thereto to a point 100 feet
beyond the northerly line of Washington Street; thence northeasterly
parallel to and 100 feet from the northerly line of Washington Street
to a point 100 feet from the southwesterly line of Rockaway Street
at its intersection with Washington Street; thence northwesterly parallel
to and 100 feet from the southwesterly line of Rockaway Street continuing
across Pleasant Street and parallel to and 100 feet from the southwesterly
line of Watson Street and then across Elm Street at a right angle
thereto to a point 100 feet beyond the northwesterly line of Elm Street;
thence northeasterly parallel to and 100 feet from the northwesterly
line of Elm Street and the northwesterly line of High Street from
its intersection with Elm Street to a point 100 feet from the northwesterly
line of Orne Street at its intersection with High Street; thence northeasterly,
northwesterly and again northeasterly parallel to and 100 feet from
the northwesterly, southwesterly and again northwesterly lines of
Orne Street to the intersection of the northwesterly line of Orne
Street with the southwesterly line of Beacon Street; thence northeasterly
across Beacon Street at a right angle thereto to a point 100 feet
beyond said intersection of Orne Street and Beacon Street; thence
at a right angle to the intersection of this line with a line, or
an extension of a line 100 feet southeasterly of and parallel to the
southeasterly line of Orne Street; thence southwesterly, southeasterly
and again southwesterly parallel to and 100 feet from the southeasterly,
northeasterly and southeasterly lines of Orne Street to a point 100
feet from the northeasterly line of Franklin Street at its intersection
with Orne Street; thence southeasterly or easterly parallel to and
100 feet from the northeasterly line of Franklin Street to its intersection
with Front Street and thence continuing across Front Street at a right
angle thereto to the intersection of said line with mean low water
mark; and thence along mean low water mark to the point of beginning.
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Beginning at a point on the most westerly boundary
of the existing Old Town District distant 100 feet from the northerly
line of Washington Street; thence still northerly to the northerly
line of Nicholson Street; thence westerly, northwesterly, northeasterly
and northerly along the northerly and easterly line of Nicholson Street
to the southeasterly line of Pleasant Street; thence northeasterly
along said line 160 feet; thence northwesterly to a point 100 feet
northwesterly from the northwesterly line of Pleasant Street; thence
northeasterly parallel to and 100 feet northwesterly of the northwesterly
line of Pleasant Street to its intersection with the westerly boundary
of the existing Old Town District.
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a.
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Beginning at the point of intersection with
mean high water of a line running perpendicular to Front Street, said
line being 100 feet northeast of the intersection of the northeasterly
line of Franklin Street with the northwesterly line of Front Street;
thence in a northwesterly direction along said perpendicular line
to the northwesterly line of Front Street; thence in a northwesterly
direction along a line parallel to the northeasterly line of Franklin
Street and at a distance of 100 feet northeasterly therefrom to the
intersection of this parallel line with a similar parallel line running
parallel to the easterly line of Orne Street and at a distance of
100 feet easterly therefrom; thence in a northerly direction along
the line parallel to the easterly line of Orne Street and at a distance
of 100 feet easterly therefrom, to the intersection of this parallel
line with the southwesterly line of Beacon Street; thence in a northwesterly
direction along the existing boundary line of the Old Town Historic
District to the intersection of this line with a line running perpendicular
to Beacon Street, said perpendicular line located about 70 feet northwest
of the intersection of the westerly line of Orne Street with the southwesterly
line of Beacon Street and being a boundary line of the existing Old
Town Historic District; thence along said line perpendicular to Beacon
Street in a southwesterly direction to a point 100 feet southwest
of the southwesterly line of Beacon Street; thence in a northwesterly
direction along a line parallel to the southwesterly line of Beacon
Street and 100 feet southwest therefrom, for a distance of about 200
feet to the intersection with a line running perpendicular to Beacon
Street and forming a boundary of the Gingerbread Hill Old Historic
District; thence in a northeasterly direction along said perpendicular
line to the northeasterly line of Beacon Street; thence continuing
in a northeasterly direction along the boundary line of the Gingerbread
Hill Old Historic District which line runs parallel to and 100 feet
southeast of the southeasterly line of Harding Lane, to the intersection
of this line with mean high water; thence in a generally southeasterly
direction along the line of mean high water to the point of beginning.
[Added 5-5-1986 ATM by Art. 28] | |
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b.
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All of Gerry Island, also known as Priest Island
and Little Harbor Island, including uplands and flats, said island
located north of Fort Sewall and south of Brown Island, at the entrance
to Little Harbor.
[Added 5-5-1986 ATM by Art. 28] | |
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c.
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All of Crowninshield Island, also known as Brown
Island or Orne Island, including uplands and flats, said island located
north of Gerry Island and south of Peach's Point at the entrance to
Doliber Cove.
[Added 5-5-1986 ATM by Art. 28] | |
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Beginning at point on the existing Old and Historic
District boundary located 100 feet northwest of the northeasterly
sideline of Spring Street; thence running in a northwesterly direction
parallel to Spring Street for a distance of 50 feet; thence running
in a southeasterly direction, then southwesterly direction along the
existing Old and Historic District boundary to the point of beginning.
[Added 5-6-2002 ATM by Art. 37] | ||
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Gingerbread
Hill District.
Beginning at a point of intersection with mean
high water mark of a line projected parallel to the southeasterly
line of Harding Lane from a point at a right angle to and 100 feet
distant from the southeasterly line of Harding Lane; thence southwesterly
along said projected line to said last mentioned point and then parallel
to and 100 feet southerly from the southeasterly line of Harding Lane
and continuing across Beacon Street at a right angle thereto to a
point 100 feet from the southwesterly line of Beacon Street; thence
parallel to and 100 feet from the southwesterly line of Beacon Street
to a point 100 feet southeasterly from the southeasterly line of Norman
Street; thence southwesterly parallel to and 100 feet from the southeasterly
line of Norman Street to a point 100 feet beyond the southwesterly
line of Gingerbread Lane; thence northwesterly across Norman Street
to a point on the northwesterly line thereof 100 feet southwesterly
from the intersection of said line and the southerly line of Gingerbread
Hill; thence westerly, northwesterly, northerly and northeasterly
parallel to and 100 feet from the corresponding lines of Gingerbread
Hill to the northeasterly end thereof and continuing across Beacon
Street at a right angle thereto to mean high water mark and thence
along mean high water mark to the point of beginning.
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Wherever only part of any building or structure
is within a district the entire land area actually occupied or to
be occupied by all of said building or structure shall be included
within the district so that the whole building or structure shall
be considered to be within the district for the purposes of the Act
and this By-Law.
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A.
The Old and Historic Marblehead Districts Commission
established, and as from time to time existing, under the Act (hereinafter
sometimes called "Commission") shall have the powers, authority and
duties granted to it by the Act and the powers, authority and duties
provided by this Bylaw.
B.
It may adopt such rules and procedure and prescribe
forms as it deems necessary or desirable for the exercise of its powers,
authority and duties. It may employ clerical and technical assistants
or consultants and in connection therewith or otherwise in its discretion
incur expenses and expend funds in the exercise of its powers, authority
and duties within the amounts from time to time appropriated to it
by the Town and any other amounts which it receives and is duly authorized
to expend for use in the exercise of said powers, authority and duties.
It may accept gifts and, subject to any necessary authority, expend
the same for said purposes.
C.
In passing upon appropriateness of the exterior architectural
features of buildings or other structures or the removal of any building
or the erection of any sign the Commission shall consider, among other
things, the historical and architectural value and significance, architectural
style, the general design, texture and material of the buildings or
structures to be regulated pursuant to the Act and this By-Law and,
so far as appropriate, of the signs involved, and the relation of
such factors to similar features of buildings and structures in the
immediate surroundings within the district, and where appropriate,
signs in such surroundings.
The Commission shall not consider the following
features or subjects and certificates of appropriateness need not
be applied for or obtained with respect to them.
A.
As provided by the Act, detailed designs, relative
size of buildings in plan, interior arrangement or building features
not subject to public view, public buildings or structures and all
other features and subjects which by reason of any provision of the
Act are not subject thereto.
B.
Ordinary maintenance and repair to buildings and structures.
C.
Building permits issued prior to the effective date
of this By-Law.
D.
Arbors, trellises, flagpoles, yardarms, screens, screen
doors, storm doors, storm windows, radio or television antennas, weather
vanes, wind direction or wind speed vanes, masts, derricks, and cranes.
[Amended 5-5-1976 ATM by Art. 73; 5-3-2021 ATM by Art. 34]
E.
Color.
F.
Sheds. For the purposes of this By-Law a "shed" means
and includes a building which is not attached to any other building
and which is not more than eight feet in height (as defined in the
Town's Building By-Laws),[1] has an area of not more than 50 square feet, and is not
designed for and is not used as an integral part of a person's living
quarters or for garaging automobiles or trucks.
[Amended 5-5-1976 ATM by Art. 73]
G.
Temporary buildings or structures. For the purposes
of this By-Law, a "temporary building or structure" means and includes
a building or structure erected or placed at the site of construction
or reconstruction work for use in conducting that work, provided said
building or structure shall be removed at the completion of such work.
H.
A temporary structure or sign for use in connection
with any election, holiday, official celebration, parade, or charitable
drive or similar event in the Town, provided said structure or sign
shall be removed within three days following such election or the
termination of such holiday, celebration, parade, charitable drive
or other similar event.
I.
A real estate sign not more than three square feet
in area advertising the sale or rental of the premises on which it
is erected or displayed, or any parts of said premises.
J.
An occupational or other sign not more than 12 square
feet in area, bearing the name or trade name of the occupant of the
premises on which such sign is erected or displayed, or any portion
of such premises and, at the election of the occupant, the occupation,
trademark or label, address and telephone number of the occupant.
K.
Occupational, commercial, and other signs and billboards,
which have been erected or are being displayed at the effective time
of this By-Law, for a period of five years after said hearing, provided
that at the expiration of that five-year period all such signs and
billboards, other than signs and billboards not more than 12 square
feet in area, for which certificates of appropriateness have not been
obtained shall be removed.
L.
Any other temporary buildings, temporary structures
or signs which the Commission from time to time may determine do not
substantially derogate from the intent and purposes of the Act and
this By-Law.
If the Commission determines that a certificate
of appropriateness should not issue on any application for a certificate
of appropriateness, it shall spread upon its records the reasons for
such determination and it may make recommendations to the applicant
respecting appropriateness of design, arrangement, texture, material,
and other relevant factors. The Secretary of the Commission shall
forthwith after such determination notify the applicant of the determination
and transmit to the applicant an attested copy of the reasons and
any recommendations spread upon the records of the Commission.
A.
A majority of the members of the Commission at the
time in office shall constitute a quorum of the Commission for any
meeting of the Commission. The Commission may act by vote of a majority
of its members at the time in office.
B.
Insofar as permitted by applicable law, the Commission
shall have power and authority to interpret the meaning of words and
terms used in the Act or in this By-Law, consistently with the ordinary
meaning or, wherever appropriate, the technical meaning of such words
and terms.
C.
The Commission shall not make any recommendations
or requirements except for the purpose of preventing developments
or other actions or nonactions obviously incongruous to the purposes
set forth in the Act.
D.
The provisions of this By-Law shall be enforceable
by the Marblehead Building Commissioner.
[Added 5-4-1993 ATM by Art. 54]
For the purposes of the Act and this By-Law:
A.
The term "person" shall mean and include an individual,
a partnership, a corporation, and any other type of legal entity.
B.
The term "structure" shall mean and include any product
or piece of work built up or composed of parts joined together in
some definite manner, other than a building or a sign including but
not limited to walls, terraces, patio, walks or driveways, parking
areas, tennis courts and swimming pools.
[Amended 5-1-2000 ATM by Art. 26; 5-3-2021 ATM by Art. 34]
C.
The term "alteration" shall include any partial demolition
of a building.
D.
The term "removal" shall include any complete demolition
of a building whether or not including its foundation.
In case any section, paragraph, or part of this
By-Law shall, for any reason, be declared invalid or held unconstitutional
by any court of last resort, every other section, paragraph and part
shall continue in full force and effect. In the event of a conflict
between any provisions of this By-Law and the provisions of the Act,
the latter shall prevail.
