This chapter shall be known and may be cited
as the "Marlborough Historic District Ordinance" and is adopted pursuant
to Chapter 40C of the General Laws of the Commonwealth of Massachusetts,
as amended.
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
of the buildings and places significant in the history of the City
of Marlborough or their architecture and through the maintenance and
improvement of settings for such buildings and places and the encouragement
of design compatible therewith while also promoting public accessibility
throughout Historic District areas.
There is hereby established under provisions
of Chapter 40C of the General Laws a historic district to be known
as the "Monument Square Historic District." The district shall be
bounded as shown on Map No. 1, entitled "Monument Square Historic
District, 1994," Appendix A, hereto attached and made a part of this
chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
ALTERED
Includes the words "rebuilt," "reconstructed," "restored,"
"removed" and "demolished" and the phrase "changed in exterior color."
BUILDING
A combination of materials forming a shelter for persons,
animals or property.
CERTIFICATE
A certificate of appropriateness, a certificate of nonapplicability
or a certificate of hardship as set forth in this chapter.
COMMISSION
The commission acting as the Historic District Commission.
CONSTRUCTED
Includes the words "built," "erected," "installed," "enlarged"
and "moved."
EXTERIOR ARCHITECTURAL FEATURE
Such portion of the exterior of a building or structure as
is open to view from a public way, public park or public body of water,
including, but not limited to, architectural style and general arrangement
and setting thereof; the kind, color and texture of exterior building
materials; the color of paint or other materials applied to the exterior
surfaces; and the type and style of windows, doors, lights, signs
and other appurtenant exterior fixtures.
STRUCTURE
A combination of materials other than a building, including
a sign, fence, wall, tower, terrace, step, paving, man-made embankment,
dam, bridge, canal, raceway, walk or driveway.
The Commission shall have all the powers and
duties of historic district commissions as provided by the Historic
Districts Act, General Laws Chapter 40C, and of subsequent amendments
thereto, unless specifically limited by this chapter.
A. Rules and regulations. The Commission shall adopt
rules and regulations not inconsistent with the provisions of the
Historic Districts Act.
B. The Commission may, subject to appropriation and with
the approval of the Mayor, employ clerical and technical assistants
or consultants and incur other expenses appropriate to the carrying
on of its work.
C. The Commission may receive and accept appropriations,
grants and gifts, including real estate and property, for the furthering
of the purpose of this chapter.
D. General regulatory powers. The Commission shall have
control over new construction, reconstructions, alterations, movements
and demolitions of all exterior architectural features of buildings
and structures within the District which are visible from any public
street, public way, public park or public waterway within the District,
except as limited by the chapter. For purposes of the chapter, any
structure partially within the District shall be considered wholly
within the District.
E. Signs. The Commission shall approve the placement
of permanent or temporary signs on or about any building or building
site within the District. All provisions of the Marlborough Zoning
Ordinance relating to signs must first be followed. The Commission
shall, within its rules and regulations, review every sign for appropriateness
in the context of its immediate environment regarding its placement,
design, size, color and execution. New signs to be erected as replacements
for older ones after the establishment of the District shall be under
the Commission's control.
F. Consideration. In passing upon matters before it,
the Commission shall consider, among other things, the historic and
architectural significance of the site, building or structure, the
general design arrangement of the features involved, and the relationship
of such features to similar features of buildings and structures in
the surrounding area. In the case of new construction or additions
to exiting buildings or structures, the Commission shall consider
the appropriateness of the size and shape of the building or structure
both in relation to the land area upon which the building or structure
is situated and to buildings and structures in the vicinity, and the
Commission may, in appropriate cases, impose dimensional and setback
requirements in addition to those required by the applicable Zoning
Ordinance.
G. The Commission may determine from time to time, after
public hearing, that certain categories of exterior architectural
features, structures or signs may be constructed or altered without
review by the Commission. The Commission may, after public hearing,
set forth the various designs of certain appurtenances, such as light
fixtures, which will meet the requirements of the District, but no
such determination shall limit the right of the applicant to present
other designs to the Commission for its approval.
The City of Marlborough shall be subject to
the provisions of this chapter notwithstanding any City ordinance
to the contrary.
This chapter may be amended from time to time
by a 2/3 vote of the City Council, subject to the procedures as set
forth in the MGL c. 40C, § 3.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
Following City Council approval, this chapter
shall take effect immediately upon the filing of a map of the boundaries
of the Historic District with the Marlborough City Clerk, the Marlborough
Building Commissioner, and the Registry of Deeds for Middlesex County.