Current Articles

Warrant Articles for 2017 Town Meeting



Proposed Warrant Articles - 2017

A. Hannah Lincoln Whiting
B. Assume Liability for DCR on Rivers, Harbors, Etc.
C. Reports of Various Town Committees
D. Report of the Personnel Board
E. Salaries of Town Officers
F. Budgets
G. Transfer from the Stabilization Fund
H. Transfer from the Meals Tax Stabilization Fund
I. Disbursement of Electric Light Department Receipts
J. Building Department Revolving Fund
K. Department of Elder Services Revolving Fund
L. Transfer Funds to the Reserve Fund
M. Community Preservation 
N. Naming of Lynch Field House
O. Amendment to Veterans Home Act
P. Disposal of Surplus Supplies
Q. Application of Bond Premium
R. Harbor Improvements
S. Bathing Beach Bath House
T. Leashing Regulations at Bare Cove Park
U. Insurance Recovery:  East School
V. Insurance Recovery:  South School
W. Change in Number of Selectmen
X. Library Grant
Y. Town Hall Architectural Engineering
Z. Expenditure of Proceeds of Subdivision Bonds
AA. Sanctuary Community
BB. High School Health and Wellness Center (HAWC)
CC. SSCC Golf Carts and Utility Vehicles
DD. Acceptance of Easements
EE Foster Elementary School Feasibility Study
FF 2017 School Building Committee
GG Additional Road Building
HH Sewer Improvements I & I
II Sewer Improvements
AAA. Amend Zoning By-law re:  Lot Width-To Create Uniformity in the Shape of Lots
BBB. Amend Zoning By-law re: Regulation of the Sale & Consumption of Marijuana (not
 medical)
CCC. Amend Zoning By-law re:  Parking Design Standards
DDD. Amend Zoning By-law re:  Lot Area and Lot Line Definition




Hannah Lincoln Whiting Fund

ARTICLE A:  To choose all necessary Town Officers, other than those to be elected by ballot, including the following:

1.  One member of the Committee to have charge of the income of the Hannah Lincoln Whiting Fund for a term of three years, or act on anything relating thereto. 
(Inserted by the Board of Selectmen)

EXPLANATION:  The Hannah Lincoln Whiting Fund was established in 1915 pursuant to the will of Ada B.W. Bacon in memory of her mother, “...to be expended in relieving the necessities of the deserving poor or unfortunate of South Hingham..."  Grants from the income of the fund are made at the discretion of a committee of three members, one of whom is elected each year by the Town.  As of December 31, 2016, the fund assets totaled $15,993.65 of which $993.65 was available for distribution.  The principal of $15,000 is held in trust and is not available for distribution. This article, if passed, appoints Karen Sadlon to a three year term on the Hannah Lincoln Whiting Fund Committee.

Assume Liability for DCR 

ARTICLE B:  Will the Town assume liability in the manner provided by General Laws, Chapter 91, Section 29, as amended, for all damages that may be incurred by work to be performed by the Department of Conservation and Recreation of the Commonwealth of Massachusetts for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, harbors, tide waters, foreshores and shores along a public beach, and authorize the Selectmen to execute and deliver a bond of indemnity therefore to the Commonwealth, or act on anything relating thereto?
(Inserted by the Board of Selectmen)

EXPLANATION:  The Department of Conservation and Recreation (“DCR”), as a matter of policy, requires the Town to assume liability if it is to perform any of this type of work within the Town.  In accordance with the statute, if this article passes, the Town would assume liability for all damages to property sustained by any person as a result of such work performed by the DCR.     

Reports of Various Town Committees

ARTICLE C:  To hear the reports of the following:  Affordable Housing Trust; Audit Committee; Capital Outlay Committee; Commission on Disability Issues; Community Preservation Committee; Conservation Commission; Country Club Management Committee; Council on Aging; Energy Action Committee; Fire Station Building Committee; GAR Hall Trustees; Harbor Development Committee; Hingham Historic Districts Commission; the Historian; Historical Commission; Board of Managers of Lincoln Apartments LLC; Long-Range Waste Disposal and Recycling Committee; Memorial Bell Tower Committee; Open Space Acquisition Committee; Scholarship Fund Committee; 2006 School Building Committee; Wastewater Master Planning Committee; and Water Supply Committee,  or act on anything relating thereto.
(Inserted by the Board of Selectmen)

EXPLANATION:  If passed, this article identifies the reports that will be included in the Town of Hingham’s Annual Report. The Town is indeed fortunate to have many public-spirited citizens willing to work in these capacities.  We thank them for their excellent service and recommend that all these posts and committees be continued,  


Personnel Board Report

ARTICLE D:  To hear the report of the Personnel Board appointed under the Classification and Salary Plan, or act on anything relating thereto.     
(Inserted by the Board of Selectmen)

EXPLANATION:  If passed, this article provides funds to pay for as yet undetermined financial obligations of the Town relating to salary increases, fringe benefit changes, and job reclassifications for non-School Department employees who either are not in a collective bargaining unit or who are covered by a collective bargaining agreement not yet concluded.   

Salaries of Certain Town Officers

ARTICLE E:  Will the Town fix the salaries of the following Town Officers, viz: 
1. Selectmen
2. Assessors 
3. Town Clerk 
4. Municipal Light Board; 
or act on anything relating thereto? 
(Inserted by the Board of Selectmen)

EXPLANATION:  If passed, this Article fixes the salaries of the elected Town Officers listed above.

Budgets

ARTICLE F:  Will the Town raise and appropriate, or transfer from available funds, sums of money to defray the expenses of the Town for the twelve month period beginning July 1, 2017,  or act on anything relating thereto?
(Inserted by the Board of Selectmen)       

EXPLANATION:  If passed, this Article sets the Annual Town Budget.

Transfer from the Stabilization Fund

ARTICLE G:  Will the Town appropriate a sum of money from the Stabilization Fund and/or from available reserves for the purpose of reducing the tax rate, or act on anything relating thereto?
(Inserted by the Board of Selectmen)

EXPLANATION:  Pursuant to a prior Town Meeting vote, the proceeds from the sale of the former school administration building, municipal light plant building and the former police station were deposited in the Stabilization Fund for future tax reduction.  This amount was augmented by the addition of bond premiums associated with the refinancing of excluded debt. If passed, this article would transfer a portion of the Stabilization Fund for the purpose of reducing the fiscal 2018 tax rate.

Transfer from the Meals Tax Stabilization Fund

ARTICLE H:  Will the Town transfer from available funds a sum of money from the Meals Tax Stabilization Fund for purpose of reducing the Fiscal Year 2018 tax rate, or act on anything relating thereto?
(Inserted by the Board of Selectmen)

EXPLANATION:  This Article seeks to appropriate $450,000 from the Meals Tax Stabilization Fund to reduce the FY 2018 tax rate. The remaining amount in the Fund will remain available to reduce tax rates in future years.

Disbursement of Electric Light Department Receipts

ARTICLE I:  Will the Town appropriate, from the receipts of the Hingham Municipal Lighting Plant, money for the maintenance and operation of the Plant for the 12-month period commencing July 1, 2017, pursuant to Sections 57 and 57A of Chapter 164 of the General Laws, and provide for the disposition of any surplus receipts, or act on anything relating thereto?
(Inserted by the Board of Selectmen)

EXPLANANTION:  The Hingham Municipal Lighting Plant is self-funding. Funds collected by billing customers are used to pay all expenses incurred by the Plant. This Article, if passed, and as is consistent with the agreement calls for a PILOT of no less than $450,000, but, based on sales for the last several years, it is estimated that this payment will be at least $500,000.

Building Department Revolving Fund

ARTICLE J:  Will the Town amend the General By-Laws of the Town of Hingham by amending Article 18 of the General By-Laws by adding the following new paragraph at the end of said Article 18:

In accordance with M.G.L. c. 44, Section 53E½, there is hereby established in the Building Department a Building Department Revolving Fund for the following purposes:
1. For the receipt of all fees from plumbing, gas and electrical inspections performed by Building Inspectors and/or Assistant Building Inspectors. 
2. For expenditures to pay wages, salaries and fringe benefits (as applicable) for said Inspectors and their staff for performance of their services.
3. The Building Commissioner shall be authorized to expend from said Revolving Fund for said purposes in accordance with the provisions of M.G.L. c. 44, Section 53E½.
4. The Building Commissioner shall report all receipts and expenditures of said Revolving Fund to the Board of Selectmen at the end of each fiscal year.

And further, will the Town vote to establish said Building Department Revolving Fund for Fiscal Year 2018 in accordance with the above provisions and limit the total amount that may be spent from said Building Department Revolving Fund to $250,000.00 during Fiscal Year 2018, or act on anything relating thereto.
(Inserted by the Board of Selectmen)

EXPLANATION:  The purpose of this article is to continue the “Building Department Revolving Fund”, which, if passed, would provide payments to the building department staff for performing electrical, gas, and plumbing inspections.  For the fiscal year ended June 30, 2016, the fund had $201,834 in revenues and $185,085.86 in expenditures. For the six-month period ended December 31, 2016, the fund had $127,801 in revenues and $89,146.13 in expenditures. The balance in the fund as of June 30, 2016 was $550,339.74.

Department of Elder Services Revolving Fund

ARTICLE K:  Will the Town amend the General By-Laws of the Town of Hingham by amending Article 16 of the General By-Laws by adding the following new SECTION 7 at the end of said Article 16:
SECTION 7 - In accordance with M.G.L. c. 44, Section 53 ½, there is hereby established in the Department of Elder Services a Department of Elder Services Revolving Fund for the following purposes:
1. For the receipt of all fees and charges received from Senior Center Programs of the Department of Elder Services and/or the Council on Aging. 
2. For expenditures to pay the costs and expenses of said Senior Center Programs.
3. The Director of Elder Services shall be authorized to expend from said Revolving Fund for said purposes in accordance with the provisions of M.G.L. c. 44, Section 53 ½.
4. The Director of Elder Services shall report all receipts and expenditures of said Revolving Fund to the Board of Selectmen at the end of each fiscal year.

And further, will the Town vote to limit the total amount that may be spent from said Elder Services Revolving Fund to $60,000.00 during Fiscal Year 2018, or act on anything relating thereto.
(Inserted at the request of the Council on Aging)

EXPLANATION: The purpose of this article is to continue the “Elder Services Revolving Fund” which, if passed, is credited with all fees and charges received from Senior Center programs and to authorize the expenditure of such funds to be expended under the direction of the Director of Elder Services for senior center programs. For the fiscal year ended June 30, 2016, the fund had $40,112.15 in revenues and $42,707.77 in expenditures; for the six months period ended December 31, 2016 revenues were $21,662.75 and expenditures were $18,626.35. The balance in the fund as of June 30, 2016 was $6,464.21.

Transfer Funds to the Reserve Fund

ARTICLE L:  Will the Town raise and appropriate, or transfer from available funds, a sum of money to the Town’s Reserve Fund for use during the fiscal year 2017, or act on anything relating thereto?
(Inserted by the Board of Selectmen)

EXPLANATION: This Article, if passed, would fund the Reserve Fund in the event a deficit is realized in the current Fiscal year that exceeds the current year’s appropriation. If necessary, the Advisory Committee will recommend an amount of the proposed transfer. 

Community Preservation Committee

ARTICLE M:  Will the Town appropriate or set aside for later spending funds as recommended by the Community Preservation Committee as follows:

1)  Appropriate a sum of money from the Community Preservation General Fund for addition to the Community Preservation Committee’s Administrative Fund; 

2)  Appropriate a sum of money from the Community Preservation Community Housing Reserve to be used by the Hingham Affordable Housing Trust for the HAHT Opportunity Funding Program;

3)  Appropriate a sum of money from the Community Preservation General Fund to be used by the Hingham Historical Commission for the Conservation of Historic Town records; 

4)  Appropriate a sum of money from the Community Preservation General Fund to be used by the First Parish of Hingham Association for the Old Ship Meeting House Steeple Restoration located at 90 Main Street, Map 61/Lot 124; 

5)  Appropriate a sum of money from the Community Preservation General Fund to be used by the High Street Cemetery Association for the restoration of the Whiting Memorial Chapel located at 19 High Street, Map 117/Lot 018; 

6)  Appropriate a sum of money from the Community Preservation General Fund to be used by the Historical Commission for the repair of the New North Meeting House Tower Clock located at 1 Lincoln Street, Map 61/Lot 25; 

7)  Appropriate a sum of money from the Community Preservation General Fund to be used by the Historical Commission for the repair of the Congregational Church Tower Clock located at 378 Main Street, Map 90/Lot 60; 

8)  Appropriate a sum of money from the Community Preservation General Fund to be used by the Historical Commission for the repair of the William Fearing Building’s Tower Clock located at 298 Main Street, Map 81/Lot 61; 

9)  Appropriate a sum of money from the Community Preservation General Fund to be used by the Historical Commission for the repair of the Second Parish Church Tower Clock located at 687 Main Street, Map 126/Lot 47; 

10)  Appropriate a sum of money from the Community Preservation General Fund for the deposit to the Town’s Conservation Fund for purchase of land, capital improvements and expenses related to such acquisitions, to make deposits or down payments toward acquisitions or creation of such interest in open space or otherwise preserve open space;

11)  Appropriate a sum of money from the Community Preservation General Fund to be used by the Trustees of the Hingham Bathing Beach for the Harbor Boardwalk Extension Project   located at 0 Otis Street, Map 50/Lot 51;

12)  Appropriate a sum of money from the Community Preservation General Fund to be used by the South Shore Country Club for a Feasibility Study and Design Plans for possible replacement of the pool located at 274 South Street, Map 70/Lot 14; 
or act on anything relating thereto?
(Inserted at the request of the Community Preservation Committee)

EXPLANATION:  The Community Preservation Act (Massachusetts General Laws chapter 44B) (“CPA”) is a local option statute enacted by the State Legislature in 2000 and adopted by the Town in 2001. It enables towns to collect and expend funds (including matching funds from the Commonwealth) to maintain their character by supporting open space, affordable housing, recreation lands, and historic preservation initiatives specifically defined by the CPA.  The current Hingham CPA surcharge rate is 1.5% of real property taxes.  This Article, if passed, would allow for funding for the projects listed above.

Naming of Lynch Field House (Withdrawn)

ARTICLE N:  Will the Town vote to name the existing field house located at Lynch Field in the Town of Hingham, MA as the “David D. Pizzelli, Sr. Field House” in accordance with Article 40 of the Town of HIngham General By-Laws, or act on anything relating thereto?
(Inserted at the request of Mary Pizzelli)

EXPLANATION:  David D. Pizzelli was partially responsible for acquiring the Lynch Field property for the youth of Hingham, and as such, Mrs. Pizzelli is petitioning the Town to officially name the Field House located at Lynch Field after Mr. Pizzelli.

Amendment to Veterans Home Act

ARTICLE O:  Will the Town accept the provisions of M.G.L. c. 33, § 59 (as amended by St.2016, c. 141, §§ 6 to 8) known as An Act relative to Housing, Operations, Military Service, and Enrichment (aka Veterans HOME Act), signed into law July 14, 2016, or act on anything relating thereto?
(Inserted at the request of the Veterans' Council)

EXPLANATION:  This Article, if passed, would provide state and municipal public employees who are members of the National Guard or Reserves protection and financial stability if they are recalled to active military service for more than thirty days. They shall not lose any seniority, accrued vacation leave, sick leave, personal leave, compensation time or earned overtime while they are serving the Nation.  Additionally, they shall be paid their regular base salary as a public employee for each pay period, reduced by any amount they receive from their military service component [United States or the Commonwealth] performed during the same pay period. 

Disposal of Surplus Supplies

ARTICLE P: Will the Town vote to amend the General By-laws of the Town, adopted March 13, 1939, as heretofore amended, by amending Article 5A, by striking section 8 and inserting in its place the following new section 8 for the purpose of adopting procedures for the disposal of surplus supplies pursuant to MGL Chapter 30B, §15:

SECTION 8 – (A) The Town’s Chief Procurement Officer shall be responsible for disposing of all tangible supplies that are no longer useful to the Town but that have a resale or salvage value of less than $10,000.  The term “supplies” includes motor vehicles, machinery, computer equipment, furniture, and other items of personal property, but does not include real property.

(B) Upon the request of any department head, board, or committee, the Chief Procurement Officer or his/her designee may declare property to be surplus, and may approve the property for disposition, if that property is no longer useful to the Town.

(C) Any property declared to be surplus and approved for disposition shall be disposed of in accordance with the following procedures, compliance with which shall be the responsibility of the Chief Procurement Officer:

(1) The Chief Procurement Officer or his/her designee shall circulate a list of the property to be disposed of to other Town departments, including the School Department, and shall convey the property to any department that wants it;

(2) In the event that no other Town department claims the property, the Chief Procurement Officer or his/her designee shall value the property in a commercially reasonable manner.

(3) (a) If the property is valued at $10,000 or more, the Chief Procurement Officer shall comply with the requirements of M.G.L. c.30B, §15(b) through (d).

(b) If the property is valued at less than $10,000 but more than $100, the Chief Procurement Officer shall utilize any one or more of the following methods of disposition, with the intent of maximizing the return on revenue to the Town:

(i) Trade-in the property with the purchase of equipment;

(ii) Sell the property to another governmental unit that is known to be interested;

(iii) Sell the property to the highest bidder after advertising the property's availability on the Internet, at the Town Office Building, and/or in a newspaper published in the town;

(iv) Sell the property at public auction, notice of which shall conform to M.G.L. c. 30B, § 5(c); or

(v) Sell the property at private sale, except that no such private sale shall be made to any employee or elected or appointed official of the Town;

(c) If the property is valued at $100 or less, the Chief Procurement Officer may utilize any one or more of the methods of disposition specified in the preceding subsection.  Alternatively, the Chief Procurement Officer may recycle or trash the property, or may donate it to a charitable organization that has received a tax exemption from the United States by reason of its charitable nature, as he/she deems appropriate.

(4) The Town shall reserve the right to accept or reject any or all offers to purchase surplus property.  All surplus property shall be sold on an “as is,” "where is" basis, with no warranty of any kind, express or implied.

(5) All monies from the disposition of supplies under this procedure shall be payable to the Town.  All revenue from the disposal of supplies under this procedure shall be deposited with the Town treasurer for deposit in the general fund.

(6) If the Town receives no offers for a surplus supply, the supply may be disposed of in any commercially reasonable manner.

or act on anything relating thereto.
(Inserted by the Board of Selectmen)

EXPLANATION:  This Article consistent with State procurement laws, would allow the Town to dispose of surplus supplies.

Application of Bond Premium

ARTICLE Q: To see if the Town will vote to supplement each prior vote of the Town that authorizes the borrowing of money to pay costs of capital projects to provide that, in accordance with Chapter 44, Section 20 of the General Laws, the premium received by the Town upon the sale of any bonds or notes thereunder, less any such premium applied to the payment of the costs of issuance of such bond or notes, may be applied to pay project costs and the amount authorized to be borrowed for each such project shall be reduced by the amount of any such premium so applied, or act on anything relating thereto.
(Inserted at the request of the Town Treasurer)

EXPLANATION:  Due to the Modernization Act, this Article would allow the new treatment of bond premium on old authorized but unissued debt.

Harbor Improvements

ARTICLE R:  Will the town raise and appropriate, borrow or transfer from available funds, a sum of money for the purpose of completing Phase II of the development of detailed engineering drawings for repair and restoration of three Town owned wharves at the POW/MIA park, the former Mobil Station Parcel and Barnes Wharf, or act on anything relating thereto?
(Inserted at the request of the Harbor Development Committee)

Bathing Beach Bath House

ARTICLE S:  Will the town raise and appropriate, borrow or transfer from available funds, a sum of money for the purpose of constructing a new bath house/snack stand and multi-purpose building or take any other action relating thereto?
(Inserted at the request of the Trustees of the Bathing Beach)

EXPLANATION:  The purpose of this Article, if passed, is to borrow up to $350,000 of available funds from the mooring/permit fees account to augment the $850,000 of funds already set aside for the proposed new bath house/snack stand multipurpose building ($700,000 grant from the State Seaport Bond Council and $150,000 in Town matching funds). The new 2,700 square foot multipurpose building has an anticipated construction cost of $1.2 million which includes an estimate of $950,000 for the building and $200,000 for utilities (water, sewer, electric and gas services to the building site). As the building is in an A-2 flood zone, the building requires an oversized slab foundation to meet building requirements while aesthetically keeping the building profile low in order to respect the site’s historic district designation. The $350,000 of funds borrowed from the mooring/permit fees account would be repaid on an annual basis from rent payments received from the concessionaire for the 1,000 square foot portion of the building designated for the snack shop. The Trustees could also generate funding to offset the borrowing and operating expenses from the new 500 square foot maritime themed community room which could be utilized for small functions, Town recreation programs, etc.

Bare Cove Park Leashing

ARTICLE T:  Will the Town authorize, but not require, the Board of Selectmen, acting as the Board of Park Commissioners under M.G.L. c. 45, § 2, to adopt a park regulation pursuant to M.G.L. c. 45, § 5 and all other applicable laws, to authorize the walking of dogs off-leash on odd number calendar days in Bare Cove Park in the Town of Hingham, as follows:

1. To authorize the walking of dogs off-leash in Bare Cove Park on odd number calendar days. 
2. To establish an “off-leash walking permit” in accordance with terms and conditions to be determined by the Board of Selectmen.
3. To establish a fine in the amount of $50.00 for any violation of any regulation adopted pursuant hereto,
or act on anything relating thereto?
(“Inserted by the Board of Selectmen at the request of citizen proponents)

EXPLANATION:  This Article, if passed, would allow off-leash walking of dogs at Bare Cove Park.

Insurance Recovery:  East School

ARTICLE U:  Will the Town transfer a sum of money from the Receipts Reserved for Appropriation Fund: Insurance Recovery in Excess of $20,000 for use by the School Department, or act on anything relating thereto?
(Inserted at the request of the School Department)

EXPLANATION:  This Article, if passed, would authorize the transfer of money back into the School budget from the insurance settlements over $20,000 account.

Insurance Recovery:  South School

ARTICLE V:  Will the Town transfer a sum of money from the Receipts Reserved for Appropriation Fund: Insurance Recovery in Excess of $20,000 for use by the School Department, or act on anything relating thereto?
(Inserted at the request of the School Department)

EXPLANATION:  This Article, if passed, would authorize the transfer of money back into the School budget from the insurance settlements over $20,000 account.

Change in Number of Selectmen

ARTICLE W:  Will the Town adopt the following registered voters petition Article:
In accordance with the Articles of the Constitution of the Commonwealth, the Hingham Board of Selectmen is hereby directed to petition the General Court for passage of an act relative to the Town Board of Selectmen, providing as follows:

Section 1:  Notwithstanding any general or special law to the contrary, the number of members of the Hingham Board of Selectmen shall be increased from three (3) to five (5). The Board of Selectmen shall annually elect a chairman from among its members.

Section 2:  At the first Annual Town Election to occur more than four (4) months following the passage of this act by the Massachusetts General Court, but in no event prior to the 2018 Annual Town Election, three (3) Selectmen shall be elected. The candidate receiving the highest number of votes in that election shall serve a three (3) year term, the candidate receiving the second highest number votes shall serve a two (2) year term and the candidate receiving the third highest number of votes shall serve a one (1) year term. Thereafter, as the terms of Selectmen expire, successors shall be elected for terms of three (3) years.

Section 3:  This act shall take effect upon its passage

or act on anything relating thereto?
(Inserted at the request of Judy Kelley)

EXPLANATION:  This Article, if passed, would increase the number of Selectmen to five (5), up from the current three (3), and set the method of achieving this.

Preliminary Design of Hingham Public Library

Article X:  Will the Town accept the preliminary design for the Hingham Public Library building, contingent on the receipt of a state grant, and authorize the Library Trustees and the Board of Selectmen to apply for, accept, and expend any state grants which may be available for the project, or act on anything relating thereto?
(Inserted at the request of the Library Trustees)

EXPLANATION:  In order to be eligible to apply for a state grant through the Massachusetts Public Library Construction Program, a majority vote at Town Meeting is required showing support for the project. This Article, if passed, would allow the grant application to be considered; there is no cost to the Town to apply and no commitment required to provide local funding. If awarded, the grant would provide funding for up to 40% of eligible construction costs.
Town Hall Architectural Engineering

ARTICLE Y:  Will the Town appropriate a sum of money to be expended at the direction of the Selectmen for the purpose of studying the space needs and operational requirements of town departments, agencies and committees, other than the School Department, evaluating the feasible options for addressing their infrastructure needs at Town Hall or elsewhere, and reporting results and recommendations from the study to Town Meeting, or act on anything relating thereto?
(Inserted at the request of the Town Hall Study Committee)

EXPLANATION:  This Article, if passed, would fund a study of space needs and operational requirements of town departments, agencies and committees, other than the School Department, evaluating the feasible options for addressing their infrastructure needs at Town Hall or elsewhere, and reporting results and recommendations from the study to Town Meeting.

Expenditure Proceeds of Subdivision Bond

ARTICLE Z:  Will the Town accept Paragraph 12 (being the second to last Paragraph) of the current version of Massachusetts General Laws Chapter 41, Section 81U, which Paragraph relates to the expenditure of subdivision bonds or security, or act on anything relating thereto?
(Inserted at the request of the Planning Board)

EXPLANATION:  This Article, if passed, would accept the provisions of Ch. 41 s. 81U and would provide another tool for the town to ensure completion of the work as specified in approved (subdivision) plans without needing to call a special town meeting or wait for the next town meeting date.   This doesn’t create any new authority but does provide flexibility to the town when faced with an incomplete subdivision.  IF the town has accepted the provisions of Ch. 41 s. 81U and if the Planning Board determines that expenditure of the security being held for completion of a subdivision is indicated, up to $100,000 of a bond may be spent without going to Town Meeting, subject to the approval of such expenditure by the Board of Selectmen. 

Sanctuary Community (Withdrawn)

ARTICLE AA: Will the Town adopt the following registered voters petition Article:

The Town of Hingham is a welcoming community for all. The Town of Hingham is committed to supporting and promoting the safety, health and well-being of all of its residents. As a Sanctuary Community, Hingham affirms the basic human rights and dignity of every human being and provides education, health and other services to all residents of the Town of Hingham, regardless of their immigration status. Every Hingham resident - regardless of their status - is encouraged to seek and obtain assistance from the many resources available to members of the community. All community members are encouraged to seek and obtain police assistance and protection, regardless of their specific immigration and/or documentation status. The enforcement of the nation’s civil immigration laws are the primary responsibility of the federal government and the Town of Hingham through its departments, commissions, agencies and employees will not undertake immigration-related investigations and will not routinely inquire into the specific immigration status of any person encountered during normal police operations, or when applying for any benefits afforded to Town residents. No department, agency, commission, officer or employee of the Town of Hingham shall use any Town funds or resources to assist in the enforcement of federal immigration law or to gather or disseminate information regarding the immigration status of individuals in the Town of Hingham unless such assistance is required by federal or State statute, regulation or court decision, or act on anything relating thereto?
(Inserted at the request of Deborah Vose)

EXPLANATION:  This Article, if passed, could designate the Town of Hingham as a “Sanctuary Community” per the specifications outlined above.

High School Health and Wellness Center (Withdrawn)

ARTICLE BB:  Will the Town raise and appropriate, borrow or transfer from available funds, a sum of money to be expended under the direction of the School Committee for schematic design and design development for a renovation and expansion of the High School Health and Wellness Center (HAWC) to support the High School health, wellness, physical education and athletic curricula while providing increased and improved space for such purposes, or act on anything relating thereto?
(Inserted at the request of the School Committee)

EXPLANATION:  This Article, if passed, would fund schematic design and design development for a renovation and expansion of the High School Health and Wellness Center (HAWC) to support the High School health, wellness, physical education and athletic curricula while providing increased and improved space for such purposes.

South Shore Country Club Golf Carts and Utility Vehicles

ARTICLE CC:  Will the Town raise and appropriate, borrow or transfer from available funds a sum of money for the purchase of golf carts and utility vehicles for the South Shore Country Club, or act on anything relating thereto?
(Inserted at the request of the South Shore Country Club Management Committee)

EXPLANATION:  This Article, if passed, would allow the South Shore Country Club ("Club") to purchase seventy new Club Car golf carts at a total cost of $209,301 and ten John Deere Gator utility vehicles at a total cost of $74,455. These purchases are to replace aging equipment currently owned by the Club.  The combined total amount of this purchase is $283,756.  The purchase of this equipment will be financed through town debt, which will be repaid to the Town from the operating revenues of the Club in five annual payments commencing in Fiscal Year 2018.  Approval of this article requires a two-thirds vote by Annual Town Meeting.

Acceptance of Easements

ARTICLE DD:  Will the Town authorize, but not require, the Board of Selectmen to accept grants of easements for streets, water, drainage, sewer and utility purposes or any public purpose on terms and conditions the Board deems in the best interest of the Town, or act on anything relating thereto?
(Inserted by the Board of Selectmen)

EXPLANATION:  This Article, if passed, and consistent with the requirement of Massachusetts law, would allow the Board of Selectmen to accept new easements and relocate existing easements.

Foster Elementary School Feasibility Study

ARTICLE EE:  Will the Town vote to appropriate, borrow or transfer from available funds, a sum of money to be expended under the direction of the 2017 School Building Committee for a feasibility study for Foster Elementary School located at 55 Downer Ave (Assessor’s Map ID 38/0/1), for which feasibility study the Town may be eligible for a grant from the Massachusetts School Building Authority.  The MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in connection with the feasibility study in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town, or act on anything relating thereto.  
(Inserted by the Board of Selectmen)

RECOMMENDED:  That the Town of Hingham appropriate the amount of $750,000 Dollars for the purpose of paying costs of a feasibility study for Foster Elementary School located at 55 Downer Ave (Assessor’s Map ID 38/0/1), including the payment of all costs incidental or related thereto, and for which the Town of Hingham may be eligible for a grant from the Massachusetts School Building Authority (“MSBA”), said amount to be expended under the direction of the 2017 School Building Committee.  To meet this appropriation the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow up to said amount under and pursuant to M.G.L. Chapter 44, or pursuant to any other enabling authority.  The Town of Hingham acknowledges that the MSBA has not yet invited the Town of Hingham into the Eligibility Period and acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town of Hingham incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town of Hingham, and further provided that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Feasibility Study Agreement that may be executed between the Town of Hingham and the MSBA.


2017 School Building Committee

ARTICLE FF:  Will the Town vote to establish the “2017 School Building Committee” for the purpose of monitoring, advising and completing a feasibility study and other related projects for the Foster Elementary School project, contingent upon Hingham being invited by the Massachusetts School Building Authority (MSBA) to participate in MSBA’s core program that shall include a feasibility study and other related projects which may include a renovation, remodeling or new building project for the Foster Elementary School located at 55 Downer Avenue, Hingham MA (Assessor’s Map ID 38/0/1), or act on anything relating thereto.
(Inserted by the Board of Selectmen)

RECOMMENDED:  That the Town (1) establish the “2017 School Building Committee” which committee shall consist of a minimum of seven (7) voting citizens of the Town of Hingham appointed as follows: two members by the Moderator, two members by the Board of Selectman and three members by the School Committee with the chair of said committee to be jointly designated by the appointing authorities; (2) in the event any additional members are required to serve on said committee by the Massachusetts School Building Authority (MSBA) pursuant to 963 CMR 2.10(3) then such additional members shall be appointed by the School Committee; (3) authorize said committee to do everything necessary and appropriate to monitor, advise and complete a feasibility study and other related projects for the Foster Elementary School Project which may include a renovation, remodeling or new building project for the Foster Elementary School located at 55 Downer Avenue, Hingham MA (Assessor’s Map ID 38/0/1), including but not limited to, the employment of professionals and the payment of any and all other costs incidental and related thereto as necessary to carry out said project; and (4) authorize said committee to expend up to $750,000 for the foregoing purposes.

Additional Road Building

ARTICLE GG:  Will the Town raise and appropriate, borrow, or transfer from available funds a sum of money to be expended under the direction of the Board of Selectmen for the purpose of improving and resurfacing various roads within the town, or act on anything relating thereto?
(Inserted by the Board of Selectmen)

Sewer Improvements I & I

Article HH: Will the Town raise and appropriate, borrow, or transfer from available funds a sum of money to be expended under the direction of the Sewer Commission to remove infiltration of ground water from the sewer system, or act on anything relating thereto? 
(Inserted by the Sewer Commission) 

Sewer Improvements

ARTICLE II:  Will the Town raise and appropriate, borrow, or transfer from available funds a sum of money to be expended under the direction of the Sewer Commission for the improvement of the sewer system, or act on anything relating to?
(Inserted by the Sewer Commission)

Amend Zoning By-law re:  Lot Width

ARTICLE AAA:  Will the Town amend the Zoning By-law of the Town of Hingham, adopted March 10, 1941, as heretofore amended as follows:

Item 1:  By amending Section IV-C. 2 by deleting the existing text with the express purpose of creating uniformity in the shape of lots and inserting the following “Lot Width:  Each Lot shall have, in addition to the required frontage and area, a width of not less than eighty (80) percent of the required frontage at all points between the front and rear property lines.  Lot width is the horizontal distance between side lot lines, measured parallel to the lot frontage.”   

or act on anything relating thereto?  
(Inserted at the request of the Planning Board)

Amend Zoning By-law re:  Regulation of the Sale and Consumption of Marijuana Not Medically Prescribed

ARTICLE BBB:  Will the Town amend the Zoning By-law of the Town of Hingham, adopted March 10, 1941, as heretofore amended as follows:
Item 1:  By amending Section V to insert a new subsection 

“V-J Regulation of the Sale and Consumption of Marijuana Not Medically Prescribed
1. Purpose
This Section is intended to provide restrictions that will allow the Town adequate time to consider where and under what conditions to allow the operation of marijuana establishments and the on-site consumption of marijuana and marijuana products, to the extent that such establishments and such consumption are permitted under state laws and regulations. The Regulation and Taxation of Marijuana Act (the “Act”), the purpose of which is to control the production and distribution of marijuana in the Commonwealth of Massachusetts, went into effect on December 15, 2016.  However, as the Cannabis Control Commission, to be formed under the Act, has until September 15, 2017 to adopt regulations consistent with the Act for the administration, clarification and enforcement of laws regulating and licensing marijuana establishments, a restriction on the location of such establishments in Hingham shall provide the opportunity to study their potential impacts on adjacent uses and on general public health, safety and welfare, and to develop zoning and other applicable regulations that appropriately address these considerations consistent with statewide regulations and permitting procedures.  The moratorium, of a finite duration, will allow the Town to carefully study the potential impacts of such establishments and recommend zoning bylaw amendments to address the Town's concerns in the context of Town planning goals and objectives.
2. Definitions. 
The capitalized terms used in this Section and not otherwise defined in this Bylaw shall have the meaning set forth in the Act.
3. Temporary Moratorium
For the reasons set forth above, and notwithstanding any other provision of the Zoning By-Law to the contrary or any other uses permitted thereunder, Marijuana Establishments, excluding any one or combination of the uses which may constitute a Medical Marijuana Treatment Center, shall not be permitted in any zoning district in the Town of Hingham so long as this Section is effective.  Use variances shall be strictly prohibited.  
4. Expiration
This Section V-J moratorium shall be in effect through June 30, 2018.”  

 or act on anything relating thereto?  
(Inserted at the request of the Planning Board)

Amend Zoning By-law re:  Parking Design Standards

ARTICLE CCC:  Will the Town amend the Zoning By-law of the Town of Hingham, adopted March 10, 1941, as heretofore amended as follows:

Item 1:  By amending Section V-A.5.l by inserting “The submittal should include information on the specific design proposed for pervious or porous pavement, and details on the required maintenance should be noted on the plans and incorporated as part of the submittal.” at the end of the section after the word “Protection”. 

Item 2:  By amending Section V-A.5.m by inserting  “landscaped sections and islands in” after the word “within” the first sentence.

Item 3:  By amending Section V-A.5.m by inserting  “designed” after “parking area” in the first sentence.

Item 4:  By amending Section V-A.5.m by inserting “large areas of bituminous concrete and” after “visual impact of” in the first sentence.

Item 5:  By amending Section V-A.5.m by inserting “All landscaped sections and islands shall contain appropriate evergreen shrubs, trees and plantings.” after the word “possible.”

Item 6:  By amending Section V-A.5.m by deleting “Trees and” from the second sentence.

Item 7: By amending Section V-A.5.m by capitalizing “Landscaped” in the second sentence.

Item 8: By amending Section V-A.5.m by inserting “sections” and deleting “plots” in the second sentence.

Item 9: By amending Section V-A.5.m by inserting “Where landscaped sections abut a residential zone or use, the landscaping shall provide a year round screening effect with plantings and berms to shield abutters from headlights.  If parking areas are designed so as to face a public way, the landscaping shall provide a year round screening effect to prevent headlight glare from shining into the way and soften the visual impact of the parking field.” after the sentence ending in “adjoining properties.” 

Item 10: By amending Section V-A.5 by inserting a new subsection “n. Shared Parking/Reduction in Parking Requirements - A reduction in the required number of off-street parking spaces may be granted by Special Permit A3.  Parking areas serving a clearly defined mixture of uses that do not place coincident demands on the parking area may have the parking requirements reduced by 10 percent for a lot with 50-99 spaces, and by 15 percent if the lot size is 100 spaces or greater.  Projects are encouraged to provide shared parking, cooperative parking, bicycle accommodations, landbanked parking spaces, consolidation of curb cuts and driveways, and other on-site amenities to alleviate the demand for parking and the adverse impact of impervious surfaces.

Request for reductions in off-street parking space requirements shall be accompanied with an analysis for the demand in off-street parking, parking management summary, other like use parking demand studies and/or reports, summary of parking program to reduce parking demand, and any other documentation necessary to adequately review the request for the reduction of parking requirements, prepared in accordance with the standards promulgated by the Institute of Transportation Engineers (ITE), the Urban Land institute (ULI) or other appropriate source.”  

Item 11: By amending Section V-A.5 by inserting a new subsection “o. Landbanked Off-Street Parking Areas - For projects requesting a reduced parking requirement the Planning Board may require that an area equivalent to the total amount or a portion thereof the number of reduced off-street parking spaces be preserved and identified on the Site Plan.  Each landbanked parking space shall be equal to 9' x 18'.  The Landbanked parking spaces shall be properly designed as an integral part of the overall parking development, and in no event shall any landbanked parking space be located within the front or side yard setbacks, unless specifically permitted within the Zoning District.  At the request of the Planning Board, the Applicant may be required to provide a parking monitoring program at specified timeframes from the issuance of the Certificate of Occupancy, in order to determine if and when the "landbanked parking spaces" are needed. If, after the issuance of a certificate of occupancy, the planning Board or the Applicant finds that all or a portion of the landbanked parking spaces are needed, the Applicant shall submit a written request, which states the need for the additional off-street parking spaces and a revised site plan denoting the un-landbanked parking spaces.   Frequent parking of vehicles on a street adjacent to the premises or in areas not designated as formal parking spaces shall be considered evidence of the inadequacy of the off-street spaces provided.”
or act on anything relating thereto?  
(Inserted at the request of the Planning Board)

Amend  Zoning By-law re: Lot Area and Lot Line Definitions

ARTICLE DDD:  To see if the Town will vote to amend the Zoning By-Laws of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

Item 1.  Insert the following definitions in Section VI:

Lot area 
An area of land which is determined by the limits of the lot lines of land under one (1) ownership bounding that area and expressed in terms of square feet or acres. When the distance between any two (2) points of lot lines is less than fifty (50) feet, measured in a straight line, the smaller portion of the lot which is bounded by such line and lot lines shall not be considered in computing minimum lot area unless the distance along such lot lines between such two points is less than one hundred and fifty (150) feet.

Lot line, front 
The property line dividing a lot from the adjacent a single street right-of-way. In the case of a corner lot the front lot line of greater length shall be known as the primary front lot line. When a corner lot has front lot lines of equal length, the owner shall designate a single front lot line as the primary front lot line, on the applicable plan and/or application.

Lot line, rear 
The property line most nearly opposite and furthest from the front lot line or primary front lot line in the case of corner lots.

Lot line, side 
Any property line not a front or rear lot line.

Item 2.  Replace the "Yard: Corner lot" diagram where it appears in Section VI with the following diagram:

(Please see final printed warrant for diagram)
 
or act on anything relating thereto?  
(Inserted at the request of the Zoning Board of Appeals)

Amend Zoning By-law re: Changes to Nonconforming Accessory Structures (Withdrawn)

ARTICLE EEE:  Will the Town vote to amend the Town of Hingham Zoning By-Laws, adopted March 10, 1941, as heretofore amended, as follows:

Item 1: By amending Section III-I to insert a new subsection 3, which states: 

3. For the purposes of this Section III-I, the Board of Appeals may, upon making a finding that the proposed change is not more detrimental to the neighborhood than the existing structure, allow the reconstruction, extension, alteration, or structural change to an existing attached or detached nonconforming structure accessory to Single or Two-Family  Dwellings by Special Permit A1 provided that:

A. the accessory structure conformed in all respects to the Zoning By-Law in effect at the time of its initial construction; and

B. one of the following applies:
(i) the reconstruction of the accessory structure is limited to the existing footprint and the resulting height does not exceed the greater of one and one-half stories or the existing height of the structure;
(ii) (a) the reconstruction, extension, alteration or structural change of the accessory structure does not further reduce the minimum linear measurement of the existing nonconforming dimensions or create new noncompliant dimensions; (b) the resulting area of incursion does not exceed 125% of the existing incursion; and (c) the resulting height does not exceed the greater of one and one-half stories or the existing height of the structure; or
 (iii) the extended or altered portion of the accessory structure conforms in all respects to the Zoning By-Law.

Item 2: Amend Section IV-C, 3. Location of Accessory Buildings by adding at the beginning thereof: "Unless otherwise expressly permitted in this by-law,” and change the "a" in “Accessory” from upper case to lower case.

or act on anything relating thereto?  
(Inserted at the request of the Planning Board)