[HISTORY: Adopted by the Board of Aldermen of the City of
Melrose 7-16-1979 by Ord. No. 19504B (Rev. Ords. 1989, §§ 2-331 to 2-337). Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Historic
Districts Ordinance" under authority of MGL c. 40C.
The purpose of this chapter is to promote the educational, cultural,
economic and general welfare of the public through the preservation
and protection of the distinctive characteristics or architecture
of buildings and places significant in the history of the commonwealth
and the City and through the maintenance and improvement of settings
for such buildings and places and the encouragement of designs compatible
therewith.
A.
In accordance with the Historic Districts Act, MGL c. 40C, there
is hereby established the Melrose Historic District Commission, which
shall have all the powers and duties of a historic district commission
under the General Laws. The position of Board member on the Historic
District Commission shall be designated as a "Special Municipal Employee"
as that term is defined in MGL Chapter 268A.
[Amended 3-7-2016 by Order No. 2016-103]
B.
All members and alternate members of the Commission shall be appointed
by the Mayor, subject to confirmation by the City Council. The Commission
shall consist of seven members, including one member, where possible,
from two nominees submitted by the local historical societies; one
member, where possible, from two nominees submitted by the Massachusetts
chapter of the American Institute of Architects; one member, where
possible, from two nominees submitted by the Boston Society of Landscape
Architects; and one member, where possible, from two nominees submitted
by the Eastern Middlesex Board of Realtors. The Commission shall also
include a lawyer and one or more residents or owners or renters of
property in the historic district to be administered by the Commission.
C.
When the Commission is first established, two members shall be appointed
for a term of one year, two shall be appointed for a term of two years
and three shall be appointed for a term of three years, and their
successors shall be appointed in a like manner for terms of three
years. When the Commission is first established, one alternate member
shall be appointed in like manner for a term of one year, one alternate
member for a term of two years and one alternate member for a term
of three years, and their successors shall be appointed in like manner
for terms of three years. All vacancies shall be filled in like manner
for the unexpired term.
D.
All members of the Commission shall serve without compensation.
E.
The Commission shall elect annually a Chair and Vice Chair from its
own number and a Secretary from within or without its own number.
F.
The Historic District Commission shall adopt rules and regulations
for the conduct of its business not inconsistent with the provision
of the Historic Districts Act. The Commission may, subject to appropriation,
employ clerical and technical assistants or consultants and incur
other expenses appropriate to the carrying on of its work and may
accept money gifts and expend the same for such purposes.
G.
Meetings of the Historic District Commission shall be held at the
call of the Chair and shall be called at the request of two members
of the Commission and in such other manner as the Commission shall
determine in its rules. A majority of the members of the Commission
shall constitute a quorum. When taking action under the provisions
of the fourth paragraph of Section 11 of the Historic Districts Act[1] the Commission shall make its determination within 45
days after the filing of the application for a certificate of appropriateness
or such further time as the applicant may, in writing, allow.
[1]
Editor's Note: See MGL c. 40C, § 11.
A.
There is hereby established, under the provisions of MGL c. 40C,
a historic district to be known as the "Downtown Melrose Historic
District," shown on a plan titled "Proposed Downtown Melrose Historic
District" dated July 16, 1979, showing in general a boundary following
rear property lines of properties bordering Main Street from the intersection
of West and East Foster Streets to the south side of West and East
Emerson Streets, said plan having been approved and signed by the
City Engineer, placed on file at the offices of the City Clerk and
the Director of Inspectional Services, recorded in South Middlesex
District Registry of Deeds and included herewith as part of this chapter.[1]
[Amended 8-21-2017 by Ord. No. 2018-4]
[1]
Editor's Note: Said plan is included as an attachment to this chapter.
B.
The establishment of the historic district under this section shall
take effect when all the Commissioners are appointed by the Mayor
and confirmed by the City Council.
A.
The following categories of buildings or structures or exterior architectural
features may be constructed or altered within a historic district
without review by the Historic District Commission:
(1)
Temporary structures or signs, subject, however, to such conditions
as to duration of use, location, removal and similar matters as the
Commission may reasonably specify.
(2)
Terraces, walks, driveways, sidewalks and similar structures, or
any one or more of them, provided that any such structure is substantially
at grade level. This is not to be construed as to include parking
lots.
(3)
Storm doors and windows, screens, window air conditioners, antennas
and similar appurtenances.
(4)
Paint colors, except for paint proposed for masonry or any materials
now not painted.
(5)
Signs of not more than one square foot in area in connection with
use of a residence for a customary home occupation or for professional
purposes, provided that only one such sign is displayed in connection
with each residence and if illuminated is illuminated only indirectly.
(6)
The reconstruction, substantially similar in exterior design, of
a building, structure or exterior architectural feature damaged or
destroyed by fire, storm or other disaster, provided that such reconstruction
is begun within one year thereafter and carried forward with due diligence.
B.
The authority of the Commission shall be limited to exterior architectural
features within the designated district which are subject to view
from a public way.
