Year
|
Act
| |
---|---|---|
1692
|
6
|
An act for the erecting of a naval office. (Salem, for the port of Salem
and Marblehead.) (Passed June 27; published July 2)
|
1701
|
83
|
Resolve for allowing and paying forty pounds out of the province treasury
to the town of Marblehead for repairing their fortifications, etc., provided
said town advance and expend sixty pounds more for the same purpose.
|
1701
|
83
|
April 23, 1703. Forty pounds to be paid out of the publick Treasury
to the Town of Marblehead, towards the repairing of their Fortifications and
for stores of War, provided said Town advance and expend the sum of sixty
pounds more for the service aforesaid, so as to make the whole one hundred
pounds. A certificate being presented, that the said Town have voted to disburse
sixty pounds in the service aforesaid.
|
Advised and Consented. That a Warrant be made out to Mr. Treasurer to
pay the above mentioned sum of forty pounds unto Captain Edward Brattle and
Captain John Browne, or one of them, Commissioners appointed to disburse and
lay out the same in the service aforesaid.
| ||
1702
|
41
|
Order directing the application of the powder money received at the
Port of Marblehead to the use of the port in said Town. (Concurred in by the
House and approved November 2)
|
1704-5
|
103
|
Order requiring the Collector of Impost at Salem to punctually collect
the powder-duty at said town and at Marblehead, etc., and to account for the
same, quarterly, to the Commissary-General.
|
1715-16
|
107
|
Order of hearing upon Marblehead petition to be made a separate precinct
(building a new meeting house.) (Passed November 25)
|
1729-30
|
5
|
An act for the speedy and effectual securing and repairing the Harbour
of Marblehead in the County of Essex. Trespassers on the beach to be prosecuted.
Passed December 9; published December 26. Town of Marblehead to keep the harbor
in repair at their own charge after above.
|
1734-35
|
145
|
Order granting a township to inhabitants of Marblehead (passed 12-17)
|
1735-36
|
33
|
Vote about a town meeting of the inhabitants of the township granted
to Marblehead. (Passed June 19)
|
1741-42
|
234
|
Vote for fortifying the Town of Marblehead. (Passed April 12)
|
1742-43
|
234
|
Order allowing 25 pounds to the Town of Marblehead (a petition of James
Skinner re abatement of their Province Tax due to heavy losses of the inhabitants
the last year.) (Passed April 14)
|
1743-44
|
180
|
Vote Granting 166 pounds 13 shillings and 4 pence for fortifying Marblehead.
(Passed November 11)
|
1745-46
|
104
|
Vote allowing 200 pounds to the town of Marblehead to complete the fortifications.
(passed September 28)
|
1746-47
|
52
|
Vote directing the payment of the Express sent to gain intelligence
of ye French fleet. (Passed June 25)
|
1750-51
|
226
|
Order for allowance to engineer to projecting and building for at Marblehead.
(passed Feb. 19)
|
1754-55
|
303
|
Vote desiring the Captain General to take off the embargo on fishing
vessels. (passed Feb. 21)
|
1756-57
|
186
|
Vote for removing French inhabitants from Charlestown and Marblehead.
(passed Oct. 13)
|
1761-62
|
297
|
Vote appointing notaries public (for the Port of Marblehead: John Chipman
Esq.) passed Feb. 5.
|
1761-62
|
26
|
An Act to prevent damage by fire in the Towns of Salem, Marblehead,
and other maritime towns in the province. Passed January 30; published Feb.
15, 1962.
|
1761-62
|
458
|
Order Accepting report of committee in regard to Marblehead Beach. (passed
April 21)
|
1762-63
|
168
|
Vote choosing Notaries Public for all counties (for Marblehead: John
Chipman Esq.) passed Jan. 27.
|
1763-64
|
182
|
Vote choosing Public Notaries (for the Port of Marblehead: John Chipman
Esq.) passed Jan. 18.
|
1764-65
|
192
|
Votes choosing Public Notaries, etc. passed Jan. 31.
|
1764-65
|
43
|
Resolve empowering the Selectmen of Marblehead to erect a fence to prevent
spreading of small pox. (passed June 8)
|
1769-70
|
12
|
An act for reviving and continuing Sundry Laws that are expired, and
near expiring. (An act to prevent damage by fire in the Towns of Salem, Marblehead
and other maritime towns) Passed 4-26-1770.
|
1772-73
|
52
|
Same as above. Passed and published March 6, 1773.
|
1778-79
|
17
|
Same as above. Passed October 5.
|
1773-74
|
5
|
An act to incorporate Jonathan Glover, and others therein named, into
a society by the name of the Marine Society at Marblehead, in the County of
Essex, and Province of the Massachusetts Bay, in New England. Passed and published
June 29.
|
1775-76
|
417
|
Resolve allowing the Town of Marblehead the use of two 24 cannon. Passed
December 7.
|
1775-76
|
521
|
Resolve providing for two Commissaries to supply the forces at Salem
and Marblehead. (Passed Jan. 17)
|
1775-76
|
219
|
Resolves relating to the Capture and Disposal of the Schooner Industry
and her cargo. (Passed Oct. 4)
|
1775-76
|
657
|
Resolve directing the Commissary General to deliver 10 half barrels
powder to ye Selectmen of Marblehead. (Passed Feb. 15)
|
1775-76
|
1024
|
Resolve directing how the powder to be purchased of Jacob Boardman shall
be stored. (Passed May 7)
|
1775-76
|
632
|
Resolve establishing a company of matrosses at Marblehead. (Passed Feb.
12)
|
649
|
Resolve prescribing the form of inlistment for the company of Matrosses
at Marblehead. Passed Feb. 14.
| |
228
|
Resolves allowing a gunner, etc., to the company of Matrosses at Marblehead.
Passed July 13.
| |
518
|
Resolve dismissing part of the sea coast men (That the Officers and
Men stationed at Marblehead excepting the Matross Company, consisting of One
Hundred Men, be dismissed.) Passed Nov. 14.
| |
1775-76
|
831
|
Resolve respecting a number of prisoners at Marblehead. Passed April
15.
|
1775-76
|
477
|
Resolve continuing the sea coast forces. (Resolved that there be stationed
at Marblehead Two Companies to consist of Seventy five men each Officers included.
One Captain of which Companies shall have the Chief command of both.) Passed
Jan. 1.
|
1775-76
|
349
|
Resolve granting Two hundred & Sixty nine pounds five shillings
for the soldiers at Marblehead. Passed Nov. 7.
|
1776-77
|
110
|
Resolve supplying Marblehead with cannon. Passed June 28.
|
1776-77
|
214
|
Resolves directing the Commissary to deliver Mr. Sam Giles Apparatus
for 8 pieces cannon and for Col. Crafts to deliver S. Giles a field piece.
(Passed July 11)
|
1776-77
|
3743
|
Resolve directing the Commissary to deliver flour to S. R. Gerry. (Passed
October 11)
|
1776-77
|
110
|
Resolve supplying Marblehead with Cannon, etc. (Passed June 28)
|
1776-77
|
1086
|
Resolves for raising sea coast men, etc. (And that there be raised in
said County of Essex and stationed at Marblehead in said County one Captain
one first Lieutenant one Second Lieutenant one Sergeant one Corporal five
Gunners one Drummer & thirty nine Matrosses.) Passed April 21.
|
1132
|
Vote choosing officers of the Matross Company at Marblehead. Passed
April 29.
| |
394
|
Vote for appointing naval officers to take bonds for observing regulations
of trade. Passed Oct. 16.
| |
1776-77
|
623
|
Resolve continuing in the service seacoast men at Martha's Vineyard.
Elizabeth Islands and various towns. Passed Dec. 4.
|
1777-78
|
290
|
Resolve directing the Board of War to supply corn for the use of the
poor of Marblehead, Gloucester and Charlestown. Passed Sept. 19.
|
1777-78
|
549
|
Resolve for raising men for sea coast defence (at Marblehead: one Lieutenant,
one Sergeant, one Gunner, one Corporal and eleven Matrosses). Passed December
12.
|
878
|
Resolve for raising men for sea coast defence (at Marblehead: one Lieutenant,
one Sargeant, one Gunner and 22 Matrosses. Passed March 12.
| |
1777-78
|
681
|
Appointment of John Gerry as naval officer for the Port of Marblehead.
Passed January 27.
|
1778-79
|
416
|
Resolve for raising men for defence of the seacoast (at Marblehead one
seargant, one gunner and 11 matrosses). Passed January 29.
|
1778-79
|
455
|
Appointment of naval officer for the Port of Marblehead. Passed February
6.
|
1778-79
|
178
|
Resolve on the petition of the Selectmen of Marblehead (one ream of
Cartridge paper and fifteen hundred pounds weight of Gun Powder for the defence
of the Town and Harbour of Marblehead) Passed September 26.
|
1778-79
|
202
|
Resolve respecting Militia ordered to be detached from Marblehead and
other towns. Passed October 2.
|
1778-79
|
697
|
Resolve on the petition of Samuel Russell Gerry, Commissary for the
troops stationed at Marblehead. (8 barrels of flour) Passed April 24.
|
1779-80
|
211
|
Resolve desiring the Council to send a cartel to Halifax with Prisoners
for Exchange. Passed June 28.
|
1780
|
205
|
Resolves requiring the inhabitants of the several towns and plantations
to furnish cattle or money to supply beef, hides and tallow for the Army;
soliciting voluntary contributions; providing a penalty of one quarter more
for deficiency and payment for the over-plus. (Marblehead - Wt. Beef 30,630)
Passed September 27.
|
1779-80
|
383
|
Resolve Granting 510 pounds 2 shillings and 3 pence to Samuel R. Gerry,
Commissary for the sea coast men at Marblehead, to purchase flour furnished
at his private expence. Passed October 1.
|
1780
|
19
|
Resolve remitting a fine of 4,800 pounds laid on the Town of Marblehead.
Passed June 6.
|
1779-80
|
75
|
Resolves for raising 2,000 men to reinforce the Continental Army by
draft, lot or voluntary enlistment, with an additional bounty of 100 acres
of land. (Marblehead - 21) Passed June 9.
|
1780
|
11
|
Resolves for raising 3,934 six months' men for re-enforcing the Continental
Army. (Marblehead - 24) Passed June 5.
|
1780
|
103
|
Resolves for raising 4,726 three months' men for re-enforcing the Continental
Army to be formed into one brigade under Gen. Fellows and making an establishment
for them. (Marblehead - 29) Passed 6-22.
|
1779-80
|
678
|
Resolves for raising guards for the several posts on the seacoast and
making an establishment for them. (at Marblehead - 1 serjeant and six matrosses)
Passed December 25.
|
1780
|
277
|
Resolves for reducing the guards on the seacoast and requesting the
Council to order the discharge of all officers and men not retained. (to be
retained at Marblehead one corporal and three matrosses.) Passed October 4.
|
1780
|
121
|
Resolves directing the Agents to procure 1,020 Horses for the Continental
Army to obtain them through their purchase or hire by the Selectmen of Towns
according to the accompanying schedule. (Marblehead - 3) Passed June 23.
|
1779-80
|
731
|
Vote choosing John Gerry Naval Officer for the Port of Marblehead. Passed
January 5.
|
1779-80
|
1016
|
Resolve directing the Naval Officer of the Port of Marblehead to deliver
to Seth Barnes of Yarmouth, N. S., the papers belonging to his vessel, a pass
to the Port of Boston, and to allow him to dispose of what property he has
with him, purchase necessaries for his family and depart with his vessel to
said Yarmouth, he having brought prisoners belonging to this state to Marblehead.
Passed 4-21.
|
1779-80
|
175
|
Vote for sending a naval force to Penobscot, consisting of armed state
and private vessels in Boston, Salem, Marblehead, Beverly and Newburyport,
that can be got ready within 6 days. Passed 6-24.
|
1779-80
|
233
|
Resolve appointing Committees in Boston, Salem and Marblehead for manning
the ships and armed vessels for the Eastern Expedition and granting them 20,000
pounds. (For Marblehead Col. Azor Orne and Col. William R. Lee) Passed June
30.
|
1780
|
171
|
Resolve empowering courts of law in cases where Caleb Graffam, as Collector
of Taxes of Windham in 1773, is interested and proof of notifications in 3
towns is required, to accept the oath of said Graffam that such were posted
in Marblehead with other proof that same was done in Falmouth and Windham.
Passed Sept. 19.
|
1779-80
|
1010
|
Resolve empowering the Committee on Accounts to settle with the Selectmen
of Marblehead, and any other town in similar circumstances, their accounts
for blankets. Passed April 20.
|
1779-80
|
138
|
Resolves for procuring shirts, shoes and stockings from the inhabitants
by Oct. 1st, as by schedule annexed, being equal to one seventh part of the
male inhabitants above 16, providing for their collection, payment, transportation,
and penalties for failure to collect. (Marblehead - 156) Passed June 21.
|
1779-80
|
1092
|
Resolves requiring the Selectmen of each town to procure white shirts,
shoes, white stocking and blankets for this state's quota of the Continental
Army, as set and fixed in the annexed schedule, to be delivered to agents
duly appointed for each county on or before the 10th of October next. (Marblehead,
No. of prs. of shoes and stockings and No. of shirts: 109; No. of Blankets:
54) Passed May 4.
|
1779-80
|
1053
|
Resolves declaring the Town Meeting held at Marblehead on the 4th of
February last, null and void, and directing the Collectors under the Tax Act
of December last to collect and pay into the Treasury of this State that laid
on said Town, any proceedings of said Meeting notwithstanding. Passed May
2.
|
1780
|
93
|
Resolve declaring the Town Meeting at Marblehead, February 4th last,
Legal and its votes and doings good and valid, and that the resolve respecting
the same on May 2nd last was in consequence of misrepresentation and is hereby
repealed. Passed June 21.
|
Chapter 405 of the Acts of 1954
| |
An Act providing that certain Town Meeting votes shall be
subject to a Referendum in the Town of Marblehead.
| |
Be it enacted, etc., as follows:
| |
Section 1. A vote passed at any town meeting held in the
town of Marblehead authorizing the expenditure of fifty thousand dollars or
more as a special appropriation, or establishing a new board or office or
abolishing an old board or office or merging two or more boards or offices,
or fixing the term of office of town officers, where such term is optional,
or increasing or reducing the number of members of a board, or adopting a
new By-Law, or amending an existing By-Law, shall not be operative until after
the expiration of five days, exclusive of Sundays and holidays, from the dissolution
of the meeting, nor, if a petition for referendum thereon has been filed,
until the question of the ratification of such vote has been determined in
the manner herein provided. If, within said five days, a petition, signed
by not less than three hundred registered voters of the town, containing their
names and addresses as they appear on the list of registered voters, is filed
with the selectmen asking that the question or questions involved in such
a vote be submitted to the registered voters of the town at large, then the
selectmen, after the expiration of five days, shall forthwith call a special
meeting for the sole purpose of presenting to the registered voters at large
the question or questions so involved. The polls shall be opened at two o'clock
in the afternoon and shall be closed not earlier than eight o'clock in the
evening, and all votes upon any questions so submitted shall be taken by ballot,
and the check list shall be used in the several precinct meetings in the same
manner as in the election of town officers. The questions so submitted shall
be determined by a majority vote of the registered voters of the town voting
thereon, but no action of a town meeting shall be reversed unless at least
twenty per cent of the registered voters shall so vote. Each question so submitted
shall be in the form of the following question, which shall be placed upon
the official ballot: - "Shall the town vote to approve the action of the town
meeting whereby it was voted (brief description of the substance of the vote)?"
If such petition is not filed within said period of five days, the vote of
the Town meeting shall become operative and effective upon the expiration
of said period.
| |
Section 2. This act shall be submitted to the voters of
the town of Marblehead for acceptance at the next annual town meeting in the
form of the following question, which shall be placed upon the official ballot
used for the election of town officers: - "Shall an act passed by the general
court in the year nineteen hundred and fifty-four, entitled 'An Act providing
that certain town meeting votes shall be subject to a referendum in the Town
of Marblehead', be accepted?" - If a majority of the voters voting on said
question vote in the affirmative, then this act shall take full effect, but
not otherwise.
| |
March 1955 Ballot
2020 Yes
547 No
1493 Blanks
|
Approved May 11, 1954
|
Chapter 101 of the Acts of 1965
| ||
An Act Establishing an Old and Historic Districts Commission
for the Town of Marblehead
| ||
Be it enacted, etc., as follows:
| ||
Section 1. This act shall be designated and may be known
as the Old and Historic Marblehead Districts Act.
| ||
Section 2. The purpose of this act is to promote the educational,
cultural, economic and general welfare of the public through the preservation
and protection of historic buildings, places and districts of historic interest
in the town of Marblehead, through the maintenance of such districts as landmarks
in the history of architecture and as a tangible reminder of the early days
of the commonwealth and said town, through the development of appropriate
settings for said buildings, places and districts, and through the benefits
resulting to the economy of the commonwealth and said town through the promotion
of such historic associations.
| ||
Section 3. The Town of Marblehead by vote at a town meeting
may by By-Law establish historic districts in the Town of Marblehead. Prior
to the establishment or change in any such By-Law or district the planning
board of said town shall hold a public hearing thereon after due notice given
and file a report on recommendations to town meeting; provided, that such
By-Law or district may be established or changed if twenty days shall have
elapsed after such hearing without the submission of such report.
| ||
Section 4. After the effective date of this act and the
establishment of an historic district, an Old and Historic Marblehead Districts
Commission hereinafter called the commission, consisting of not less than
three nor more than five members, shall be established. Each member shall
be a resident of the town of Marblehead and shall reside in an historic district
established under this act. Such members shall be appointed by the board of
selectmen for a term of one year. Any member of the commission so appointed
may be removed by the board of selectmen at its pleasure. A vacancy occurring
otherwise than by expiration of a term shall be filled for the unexpired term
in the manner provided in section eleven of chapter forty-one of the General
Laws. Said commission shall elect annually a chairman and a secretary from
its own number. The commission shall have, in addition to the powers, authority
and duties granted to it by this act, the powers, authority and duties as
provided by said By-Law.
| ||
Section 5. (a) It shall be the function and the duty of
the commission to pass upon the appropriateness of the exterior architectural
features of buildings, and structures hereafter to be erected, reconstructed,
altered or restored in said districts wherever such exterior features are
subject to public view from a public street or way. All plans, elevations
and other information deemed necessary by the commission to determine the
appropriateness of the exterior features to be passed upon shall be made available
to the commission by the applicant. It shall also be the duty of the commission
to pass upon the removal of any building within said districts as set forth
in section six, and the erection or display of occupational or other signs
as set forth under section seven.
| ||
(b)
|
The town, in establishing said By-Law, may, in addition to the purposes
set forth in section two, consider among other things the historical and architectural
value and significance, architectural style, the general design, arrangement,
texture and material of the buildings or structures to be regulated within
a district and the relation of such factors to similar features of buildings
and structures in the immediate surroundings within said district.
| |
(c)
|
The commission shall not consider detailed designs, relative size of
buildings in plan, interior arrangement or building features not subject to
public view. Said By-Law may provide that the commission shall not consider
ordinary maintenance and repair to buildings and structures, building permits
issued prior to the notice of public hearing given by the planning board as
provided in section three, fences, stone or brick walls, arbors, trellises,
terraces, patios, flagpoles, chimneys, screens, storm doors, windows, color,
sheds and temporary buildings as may be defined by said By-Law, and other
exclusions as the Town may determine.
| |
(d)
|
In the event that vacant land exists or should occur through catastrophe,
and that such land is an integral part of a district, the commission shall
have the right to pass upon all plans for construction, and such plans shall
be submitted to the commission for its approval before a building permit may
be issued.
| |
(e)
|
In case of disapproval the commission shall state its reasons therefor
in writing, and it may make recommendations to the applicant with respect
to historic significance, appropriateness of design, arrangement, texture,
material and the like, as set forth in said By-Law, of the building or structure
involved.
| |
(f)
|
Upon approval of the plans the commission shall cause a certificate
of appropriateness, dated and signed by the chairman, to be issued to the
applicant or affixed to the plans.
| |
Section 6. In any historic district no building or structure
shall hereafter be erected, reconstructed, altered or restored within said
district unless and until an application for a certificate of appropriateness
shall have been approved by the commission or issued as hereinafter provided.
The building inspector shall not issue a building permit for work in any historic
district until such certificate of appropriateness has been procured.
| ||
Section 7. The erection or display of an occupational or
other sign in a size in excess of size established by the By-Law, or the erection
or display of more than one such sign on any lot, building or structure located
within a district shall be approved in advance by the commission. Evidence
of such approval shall be a certificate of appropriateness issued by the commission.
| ||
Section 8. Within ten days after the filing of an application
for a certificate of appropriateness, Saturdays, Sundays and legal holidays
excluded, the commission shall determine the estates deemed by it to be materially
affected by such application, and unless a public hearing on such application
is waived in writing by all persons entitled to notice thereof, shall forthwith
cause its secretary to give, by mail, postage prepaid, to the applicant, to
the owners of all such estates as they appear on the then most recent real
estate tax list, and to the planning board, reasonable notice of a public
hearing before the commission on such application.
| ||
As soon as convenient after such public hearing or the waiver
thereof, but in all events within sixty days after the filing of the application
for the certificate of appropriateness, or within such further time as the
applicant may in writing allow, the commission shall determine whether the
proposed construction, reconstruction or alteration of the exterior architectural
feature involved will be appropriate to the preservation of the historic district
for the purposes of this act, and whether, notwithstanding that it may be
inappropriate, owing to conditions especially affecting the building or structure
involved, but not affecting the historical district generally, failure to
issue a certificate of appropriateness will involve a substantial hardship,
financial or otherwise, to the applicant, and such certificate may be issued
without substantial detriment to the public welfare and without substantial
derogation from the intent and purposes of this act.
| ||
If the commission determines that the proposed construction,
reconstruction or alteration involved will be appropriate or, although inappropriate,
owing to conditions as aforesaid, failure to issue a certificate of appropriateness
will involve substantial hardship to the applicant and the issuance thereof
may be made without substantial detriment or derogation as aforesaid, or if
the commission fails to make a determination within the time prescribed, the
secretary of the commission shall forthwith issue to the applicant a certificate
of appropriateness. If the commission determines that a certificate of appropriateness
should not issue, the commission shall spread upon its records the reasons
for such determination, and may include recommendations respecting the proposed
construction, reconstruction or alteration. The secretary of the commission
shall forthwith notify the applicant of such determination, transmitting to
him an attested copy of the reasons and recommendations, if any, spread upon
the records of the commission. (5-2-77, Art. 7)
| ||
Section 9. Nothing in this act shall be construed to prevent
the construction, reconstruction, alteration or demolition of a public building
or structure; nor shall anything in this act be construed to prevent the construction,
reconstruction, alteration or demolition of any such feature which the building
inspector shall certify is required by the public safety because of an unsafe
or dangerous condition.
| ||
Section 10. Appeals may be taken to the board of appeals,
being the board of selectmen, by any person aggrieved by a ruling of the commission.
The board of appeals shall hear and act upon such appeals within a reasonable
time. The concurring vote of all except one member of the board of appeals
shall be necessary to reverse any decision of the commission.
| ||
Section 11. Any applicant aggrieved by a determination of
the board of appeals may, within twenty days after the making of such decision,
appeal to the superior court sitting in equity for the county of Essex at
Salem. The court shall hear all pertinent evidence, and shall annul the determination
of the board if it finds the decision of the board to be unwarranted by the
evidence, or to be insufficient in law to warrant the determination of the
board, or make such other decree as justice and equity may require. The remedies
provided by this section shall be exclusive; but the parties shall have all
rights of appeal and exception as in other cases in equity. The commission
shall not have the right of appeal to the superior court from a decision if
the Board of Appeals.
| ||
Section 12. The superior court shall have jurisdiction in
equity to enforce the provisions of this act, any By-Law established and the
rulings issued under its provisions, and may restrain by injunction violations
thereof.
| ||
Section 13. This act shall take effect upon its acceptance
by the Town of Marblehead.
| ||
Approved March 3, 1965.
| ||
Accepted at Town Meeting, March 14, 1967. Art. 45.
|
Chapter 111 of the Acts of 1990
| |
An Act authorizing the Town of Marblehead to develop and
maintain a water system backflow prevention program.
| |
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same, as follows:
| |
Notwithstanding the provisions of section one hundred and
sixty A of chapter one hundred and eleven of the General Laws to the contrary,
the Town of Marblehead, acting through its water and sewer commission, is
hereby authorized to develop and maintain a water system backflow prevention
program, and to adopt rules and regulations and set fees therefor, in conformity
with the provisions of said section one hundred and sixty A.
| |
Approved May 6, 1991
|