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