Current Articles

Warrant Articles for 2018 Town Meeting

  1. Hannah Lincoln Whiting Fund - Passed
  2. Assume Liability for DCR on Rivers, Harbors, Etc. - Passed
  3. Reports of Various Town Committees - Passed
  4. Report of the Personnel Board - Passed
  5. Salaries of Town Officers - Passed
  6. Budgets - Passed
  7. Transfer from the Stabilization Fund - Passed
  8. Transfer from Meals Tax Stabilization - Passed
  9. Disbursement of Electric Light Department Receipts - Passed
  10. Building Department Revolving Fund - Passed
  11. Department of Elder Services Revolving Fund - Passed
  12. Transfer Funds to the Reserve Fund - Passed
  13. Appropriate Funds for Fire Apparatus - Passed
  14. Appropriate Funds for Town Wharves - Passed
  15. Appropriate Funds for High School Gym Wall - Passed
  16. Appropriate Funds for MWRA Sewer Extension - Passed
  17. Community Preservation - Passed
  18. Adopt Stretch Energy Code - Passed
  19. Naming of Conservation Property on South Pleasant Street - Passed
  20. Acquisition of Land for Public Purposes - Passed
  21. Amend Zoning By-Law re:  Section VI Definitions - Passed
  22. Amend Zoning By-Law re:  Section IV-D Flexible Residential Development - Passed
  23. Amend Zoning By-Law re:  Floodplain Protection Overlay District - Passed
  24. Amend Zoning By-Law re:  Use Table and Parking - Passed
  25. Amend Zoning By-Law re:  Common Driveways - Passed
  26. Amend Zoning By-Law re:  Accessory Dwelling Units - Passed
  27. Amend Zoning By-Law re:  Ban on Marijuana Establishments - Passed
  28. Amend General By-Law re:  Ban on Marijuana Establishments - Passed
  29. Amend Zoning By-Law re:  Regulation of Marijuana Establishments - No Action
  30. Amend Zoning By-Law re:  Definitions Related to Marijuana not Medically Prescribed - No Action
  31. Accept MGL Ch. 64N, Section 3 – Marijuana Sales Tax - No Action
  32. Amend Zoning By-Law re:  Marijuana Dispensary - Passed
  33. Amend General By-Law re:  Hingham Affordable Housing Trust - Passed
  34. Street Acceptance Lewis Court - Passed
  35. Acceptance of Easements - Passed

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    COMMONWEALTH OF MASSACHUSETTS

Plymouth, ss.

To the Constables of the Town of Hingham in the County of Plymouth, Greetings:

      In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of the Town of Hingham qualified to vote in Town affairs to meet in the HIGH SCHOOL, 17 Union Street, in said Hingham, Monday, the twenty-third day of April 2018 at SEVEN O’CLOCK in the evening, Then and thereto act on the following Articles:

 

      ARTICLE 1:  Will the Town choose all necessary Town Officers, other than those to be elected by ballot, including the following:

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)

     ARTICLE 2:  Will the Town, in accordance with, and only to the extent permitted by, Massachusetts General Laws chapter 91, section 29, as amended, assume liability 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 within the Town, in accordance with section 11 of said chapter 91, and authorize the Board of Selectmen to execute and deliver a bond of indemnity to the Commonwealth assuming such liability, or act on anything relating thereto?

(Inserted by the Board of Selectmen)

     ARTICLE 3: Will the Town receive the reports, if any, 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)

     ARTICLE 4:  Will the Town accept 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)

     ARTICLE 5:  Will the Town fix the salaries of the following Town Officers:

1. Selectmen    

2. Assessors

3. Town Clerk

4. Municipal Light Board;

or act on anything relating thereto?

(Inserted by the Board of Selectmen)

      ARTICLE 6:  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, 2018, or act on anything relating thereto?

(Inserted by the Board of Selectmen)      

ARTICLE 7:  Will the Town transfer a sum of money from the Stabilization Fund and/or from available reserves for the purpose of reducing the Fiscal Year 2019 tax rate, or act on anything relating thereto?

(Inserted by the Board of Selectmen)

ARTICLE 8:  Will the Town transfer a sum of money from the Meals Tax Stabilization Fund for the purpose of reducing the Fiscal Year 2019 tax rate, or act on anything relating thereto? 

(Inserted by the Board of Selectmen)

ARTICLE 9:  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, 2018, pursuant to sections 57 and 57A of chapter 164 of the Massachusetts General Laws, and provide for the disposition of any surplus receipts, or act on anything relating thereto?

(Inserted by the Board of Selectmen)

     ARTICLE 10:  Will the Town limit the total amount that may be spent from the Building Department Revolving Fund, established under Article 18 of the General By-Laws, to $300,000.00 during Fiscal Year 2019, or act on anything relating thereto?

(Inserted by the Board of Selectmen)

     ARTICLE 11:  Will the Town limit the total amount that may be spent from the Elder Services Revolving Fund, established under Article 16 of the General By-Laws, to $60,000.00 during Fiscal Year 2019, or act on anything relating thereto?

(Inserted at the Request of the Council on Aging)

     ARTICLE 12:  Will the Town raise and appropriate, or transfer from available funds, a sum of money to the Town’s Reserve Fund for use during Fiscal Year 2018, or act on anything relating thereto?

(Inserted by the Board of Selectmen)

     ARTICLE 13:  Will the Town raise and appropriate, borrow, or transfer from available funds a sum of money in the amount of $500,000 to be used with the $1,000,000 from the Avalon Hingham Shipyard II Memorandum of Agreement signed April 21, 2016 for the purchase of a new Aerial Apparatus for the Hingham Fire Department, or act on anything relating thereto?

(Inserted by the Board of Selectmen)

     ARTICLE 14: Will the Town raise and appropriate, borrow, or transfer from available funds a sum of money to be expended under the direction of the Harbor Development Committee for the purpose of initial repair and restoration of up to four Town-owned wharves at Town Pier, 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)

     ARTICLE 15: Will the Town raise and appropriate, borrow or transfer from available funds a sum of money to assess and provide designer services for the replacement of the glass block windows at the High School gymnasium and related work, which may involve structural support work including masonry repointing, flashing, roof repair or replacement, replacing heating units, and other ancillary work which would be necessitated by the replacement project, or act on anything relating thereto?

(Inserted by the Board of Selectmen)

     ARTICLE 16:  Will the Town raise and appropriate, borrow or transfer from available funds a sum of money to be expended at the direction of the Board of Selectmen for the purpose of engineering and associated professional fees to submit an application to the Massachusetts Water Resources Authority (“MWRA”) to obtain a permit for the extension of a sewer line to the property located at Barnes Wharf, 30 Summer Street, Hingham, MA and/or the property located at the Hingham Public Library, 66 Leavitt Street, Hingham, MA, or act on anything relating thereto?

(Inserted by the Board of Selectmen)

ARTICLE 17:  Will the Town appropriate or set aside for later spending funds as recommended by the Community Preservation Committee as follows:

  • Appropriate a sum of money from the Community Preservation General Fund for addition to the Community Preservation Committee’s Administrative Fund;
  • Appropriate a sum of money from the Community Preservation Community Housing Reserve and the Community Preservation General Fund to be used by the Hingham Affordable Housing Trust for the HAHT Opportunity Fund; 
  • 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;
  • Appropriate a sum of money from the Community Preservation General Fund to be used by the Hingham Cemetery Association for the Hingham Cemetery Erosion Control project to preserve historical grave plots located on the southwest corner of the cemetery at 12 South Street, Map 61/Lot 116;
  • Appropriate a sum of money from the Community Preservation General Fund to be used by the Hingham Memorial Bell Tower Committee to restore the mechanisms of Bell #6 and Bell #8 located at 68R Main Street, Map 61/Lot 124A;
  • Appropriate a sum of money from the Community Preservation General Fund to be used by the Hingham Historical Society to install The Old Fort house (Richardson) on a granite foundation and to conduct a limited archaeological survey as needed at 21 Lincoln Street, Map 61/Lot 21;
  • Appropriate a sum of money from the Community Preservation General Fund to be used by the Harbor Development Committee for the Harbor Boardwalk Extension Project, extending from the existing bathing beach boardwalk and extending along the harbor to the Boat Launch parking lot located at 0 Otis Street, Map 50/Lot 50; 
  • Appropriate a sum of money from the Community Preservation General Fund to be used by the Hingham Recreation Commission for construction of a play area located at 0 Hull Street, Map 43/Lot 19;
  • Appropriate a sum of money from the Community Preservation General Fund to be used by the South Shore Country Club for Design and Construction 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) 

     ARTICLE 18:  Will the Town adopt the “Stretch Energy Code” for the purpose of regulating the design and construction of buildings for the effective use of energy, pursuant to Appendix 115.AA of the Massachusetts Building Code, 780 CMR, including future editions, amendments and modifications, or act on anything relating thereto?

(Inserted by the Board of Selectmen)

     ARTICLE 19: Will the Town give the name “Lehner Conservation Area” to those parcels of land located on South Pleasant Street, Hingham, MA as described in deeds recorded at the Plymouth County Registry of Deeds in Book 47989, Page 233 and in Book 47989, Page 243 and as further shown on a plan recorded at said registry of deeds in Plan Book 61, Page 40, pursuant to the Town of Hingham General By-Laws Article 40, or act on anything relating thereto?

(Inserted at the request of the Conservation Commission)

     ARTICLE 20: Will the Town authorize, but not require, the Board of Selectmen to acquire from Broadstone Bare Cove Alliance, LLC (or the current record owner) for public park purposes to be combined with the adjacent public park known as Bare Cove Park, in accordance with the terms and conditions of the Memorandum of Agreement between Broadstone Bare Cove, LLC and the Town of Hingham dated October 27, 2016 and the First Amendment to said Memorandum of Agreement dated June 20, 2017, for nominal consideration of One Dollar ($1.00), and on such other terms and conditions as the Board of Selectmen deem in the best interest of the Town, a certain parcel of land shown as Parcel B-1B on a Plan entitled “#230 Beal Street Plan of Land in Hingham, MA (Plymouth County)”, dated November 20, 2017, prepared by Precision Land Surveying, Inc., to be recorded at the Plymouth County Registry of Deeds, or act on anything relating thereto?

(Inserted by the Board of Selectmen)

     ARTICLE 21:  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 VI by inserting after the definition of Lot Line, Side the following: 

"Lot Width the horizontal distance between side lot lines, measured parallel to the lot frontage”; 

or act on anything related thereto? 

(Inserted at the request of the Planning Board)

     ARTICLE 22:  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-D.9.b. by inserting “principal” after the word “detached” in the last sentence;

Item 2:  By amending Section IV-D.9.b by deleting “where applicable” in the last sentence; 

or act on anything related thereto?

(Inserted at the request of the Planning Board)

     ARTICLE 23:  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 III-C, 1 by deleting the following text: "25023C0083J, 25023C0084J, 25023C0091J, 25023C0092J, 25023C0101J, 25023C0102J, 25023C0103J, 25023C0104J, and 25023C0111J, dated July 17, 2012, and panel numbers 25023C0018J, 25023C0019J, 25023C0038J, 25023C0081J and 25023C0082J revised to August 14, 2015" and inserting the following text:  "25023C0018J, 25023C0019J, 25023C0038J, 25023C0081J, 25023C0082J, 25023C0083J, 25023C0084J, 25023C0091J, 25023C0092J, 25023C0101J, 25023C0102J, 25023C0103J, 25023C0104J, and 25023C0111J, dated July 17, 2012, and revised by Letters of Map Revision effective August 14, 2015, September 8, 2017, and December 13, 2017.",

Item 2:  By deleting the number "2015" from the last sentence in the first paragraph of Section III-C.1.,

Item 3:  By inserting “s” to “Letter” and changing “is” to “are” in the last sentence of the first paragraph of Section III-C.1,

Item 4:  By deleting the current map "Zoning Part B:  Floodplain Protection Overlay District" and replacing it with the updated map with the same title that (1) shows the correction to the floodplain information on the following parcels:  30 Cushing Avenue, 17-0-99; 37 Cushing Avenue, 17-0-100; 60 Howe Street, 17-0-10; 62 Howe Street, 17-0-11; 64 Howe Street, 17-0-12 (2) is dated 2018, not 2016, (3) deletes “and 2015”, and (4) inserts “and revised by Letters of Map Revision effective August 14, 2015, September 8, 2017, and December 13, 2017” after “FEMA”;

or act on anything related thereto? 

(Inserted at request of the Planning Board)

     ARTICLE 24:  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 III-A to delete the content in III-A.4.18 and insert “Intentionally left blank”;

Item 2:  By amending Section V-A.2 to insert “, or deviating from the Design Standards specified by this Section V-A” after “V-A” in the second sentence;

Item 3:  By amending Section V-A.2 to insert “or across the street from it, provided that service operations are not performed at the parking area” after “contiguous parcel”;

or act on anything related thereto? 

(Inserted at the request of the Planning Board)

     ARTICLE 25:  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-I.4(a) to insert “and related access roads” after “Driveways” in the first sentence.

Item 2:  By amending Section V-I.4(a) to insert “, as amended.” after “Chapter 18”;

Item 3:  By amending Section V-I.4(a) to delete “18” cape cod berm” in the last sentence and insert “12” cape cod berm”;

Item 4:  By amending Section V-I.4(b) to insert “or access road” after “Driveway” in the second sentence.

Item 5:  By amending Section V-I.5 to delete the last sentence which states “Approved legal documents shall be recorded prior to issuance of a building permit for any building to be served by the Common Driveway.” and replace it with “Approved legal documents shall be recorded prior to a. issuance of a building permit for any building to be served by the Common Driveway or b. construction of or improvements to the Common Driveway or related access roads, whichever occurs first.”

or act on anything related thereto? 

(Inserted at the request of the Planning Board) 

     ARTICLE 26:  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 III-A. to insert the following subsection: “1.8.9  Accessory Dwelling Units within an existing single-family dwelling, subject to Section V-K”, to be permitted by Special Permit A1 (“A1”) in Residence District A, Residence District B, Residence District C Residence District D, Residence District E, Business District A and Business District B, and prohibited (“O”) in all other zoning districts.

Item 2:  By amending Section V to insert the following:

“V-K     Accessory Dwelling Units

  • Purpose 
  • The purpose of permitting accessory dwelling units in existing dwellings is to:
  • Provide small additional dwelling units without adding to the number of buildings in the Town or substantially altering the appearance of the Town and for the purpose of enabling owners of single-family dwellings to share space and the burdens of homeownership.
  • Eliminate unpermitted accessory dwelling units and enable the Town to monitor construction for code compliance.
  • Protect stability, property values and residential character of the surrounding neighborhood.
  • Definitions
  • An “accessory dwelling unit” is a second self-contained dwelling unit subordinate in size to the principal dwelling on a lot and incorporated within the principal dwelling.
  • A “principal dwelling”, for the purposes of this Section V-K, shall be a single-family dwelling.
  • A single-family dwelling with an accessory dwelling unit shall not be deemed to be a two-family dwelling. 
  • Eligibility Requirements

An accessory dwelling unit may be allowed by Special Permit A1 issued by the Board of Appeals within a principal dwelling that meets the following minimum requirements:

  • The area of the lot on which the single-family dwelling is located shall not be less than ten thousand (10,000) square feet.
  • The accessory dwelling unit shall only be permitted in a single-family dwelling for which a final certificate of occupancy was issued at least two-years prior to an application for said permit, and if no such certificate was issued, which was legally occupied prior to such date.
  • Only one accessory dwelling unit shall be permitted within a single-family dwelling and per lot, so that the total number of dwelling units per lot shall not exceed two.
  • Accessory dwelling units shall comply with all applicable state and local regulations and deed restrictions.
  • Ownership Requirements and Term of Permit Limitations
  • The owner of the property shall occupy either the principal dwelling or the accessory dwelling unit as their primary legal residence. Said ownership shall be full one hundred percent (100%) fee ownership of the property or a life estate. Temporary absences of the owner of periods less than one year shall not be deemed a violation of this requirement.
  • The special permit shall expire automatically three years from the date of issuance unless an earlier expiration date is specified by the Board of Appeals.  Prior to expiration the applicant may submit a written request to the Zoning Administrator for successive three-year terms which will be granted by the Zoning Administrator if the property continues to comply with the approval criteria contained herein and any conditions of the special permit. 
  • The special permit shall terminate if the property is no longer the primary and legal residence of the owner.
  • A subsequent owner occupant may submit an application to the Board of Appeals for a Special Permit A1 to maintain the accessory dwelling unit.
  • There shall be no renting of rooms or boarding of lodgers in either dwelling unit on the premises.
  • No condominium conversion is permitted.  
  • Dimensional and Design Requirements
  • The accessory dwelling unit shall be located in the existing principal dwelling.
  • The scale of any accessory dwelling unit shall be consistent with the single-family character of the lot and the principal residence and of the surrounding neighborhood.
  • The maximum area of an accessory dwelling unit shall be the lesser of 900 square feet or 40% of the gross floor area of the principal dwelling.  The accessory dwelling unit shall contain no more than one bedroom.  For this calculation, the gross floor area shall be as defined in section VI of the Zoning By-Law.
  • An accessory dwelling unit shall not be created by any extension of a non-conforming dimension or front, side or rear lot setback.
  • All stairways to second or third stories shall be enclosed within the exterior walls of the dwelling.
  • If provided, any new entrance and/or independent access or egress for the accessory dwelling unit shall be located to the side or rear of the principal single-family dwelling or accessory dwelling unit.
  • Where two or more entrances already exist on the front façade of a single-family dwelling, modifications made to any of the entrances shall result in one entrance appearing to be the principal entrance and the other entrance appearing to be secondary.
  • All utilities serving the accessory dwelling unit shall be extensions of utilities serving the principal single-family dwelling.
  • The accessory dwelling unit shall be constructed in a manner that protects abutting properties from potential negative impacts with appropriate landscaping or other buffers.
  • The parking requirement for an accessory dwelling unit is one space.
  • Where there are more than two outdoor parking spaces, there shall be provided suitable screening with evergreen or dense plantings, walls, fence, or a combination thereof in the area between the parking spaces and the nearest side lot line.  Screening shall be sufficient to minimize the visual impact on abutters and to maintain the single-family appearance of the neighborhood.
  • As applicable, the maximum number of bedrooms on an existing single-family lot with an accessory dwelling unit shall comply with the requirements of Title 5, the Hingham Board of Health requirements, and the Town of Hingham’s Supplemental Rules and Regulations, as amended.
  • Special Conditions 
  • In addition to the conditions, standards and criteria as may be set forth in this By-Law, the Board of Appeals may impose additional conditions and limitations as it deems necessary to ensure that the findings that it must make are satisfied, including but not limited to:
  • Dimensional standards and controls that are more restrictive than the zoning district in which the single-family dwelling is located.
  • Screening or landscaping of the principal or accessory uses from view from adjoining lots and from the street, by planting, walls, fences or other devices; planting of larger planting buffers, with more or larger plant materials or higher walls or fences than that required.
  • Conditions requiring modification of the special permit shall include any proposed change to the site, lot or extension of the principal dwelling.
  • Additional Requirements
  • No use as an accessory dwelling unit shall be permitted prior to the issuance of a certificate of occupancy by the Building Commissioner. A certificate of occupancy shall be issued after the Building Commissioner determines that the accessory dwelling unit as constructed is in conformity with the approved plans and with the provisions of the Hingham Zoning By-Law.
  • Approval Criteria 

In addition to the criteria contained in Section I-F, 2, the Board of Appeals may approve such application for a Special Permit A1 if it finds that, in its judgment:

  • The architectural character of a detached single-family dwelling is maintained.
  • The existing structure is consistent with the typical size of nearby single-family dwellings.”

 or act on anything related thereto? 

(Inserted at the request of the Planning Board)

     ARTICLE 27:  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 III-A to number the first two paragraphs by inserting the numerals “1” and “2” respectively;

Item 2:  By amending Section III-A by inserting a new paragraph “3.  In accordance with Massachusetts General Laws Chapter 94G, Section 3(a)(2), all types of marijuana establishments, as defined in Massachusetts General Laws Chapter 94G, Section 1 and as may otherwise be defined by Massachusetts law or regulation, to include, without limitation, all marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, marijuana retailers, on-site consumption of marijuana at a marijuana retailer location, and any other types of licensed marijuana-related businesses, including businesses dealing in marijuana accessories, and the conducting of any such activity for commercial purposes by whichever name used, shall be prohibited within the Town of Hingham.  This prohibition shall not be construed to prohibit Registered Marijuana Dispensaries to the extent permitted under this Zoning By-Law.”;

or act on anything related thereto?

(Inserted at the request of the Planning Board)

     ARTICLE 28: Will the Town vote to amend the General By-Laws of the Town of Hingham, adopted March 13, 1939, as heretofore amended, by inserting a new General By-Law Article 43 as follows:

Article 43 – Marijuana Not Medically Prescribed

In accordance with Massachusetts General Laws Chapter 94G, Section 3(a)(2), all types of marijuana establishments, as defined in Massachusetts General Laws Chapter 94G, Section 1, and as may otherwise be defined by Massachusetts law or regulation, to include, without limitation, all marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, marijuana retailers, on-site consumption of marijuana, and any other types of licensed marijuana-related businesses, including businesses dealing in marijuana accessories, and the conducting of any such activity for commercial purposes by whichever name used, shall be prohibited within the Town of Hingham. This prohibition shall not be construed to prohibit Registered Marijuana Dispensaries to the extent permitted under the Town of Hingham Zoning By-Laws;

or act on anything relating thereto?

(Inserted by the Board of Selectmen) 

     ARTICLE 29:  Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended as follows:

By repealing Section V-J and replacing it in its entirety with the following:  
"Regulation of the Sale and Consumption of Marijuana Not Medically Prescribed”

1. Purpose

a) To regulate the siting, security, and operation of Marijuana Establishments and Businesses Dealing in Marijuana Accessories, and the on-site consumption of marijuana and marijuana products, subject to the applicable provisions of M.G.L. Chapter 94G and the regulations promulgated thereunder (collectively, the "Act").

b) To minimize the adverse impacts of Marijuana Establishments and Businesses Dealing in Marijuana Accessories on adjacent properties, residential neighborhoods, schools and land uses potentially incompatible with Marijuana Establishments and Businesses Dealing in Marijuana Accessories.

2. Definitions

The capitalized terms used in this Section and not otherwise defined in this By-Law shall have the meaning set forth in the Act.

3. Applicability

The provisions in this Section apply to any one or combination of the uses which may constitute a Marijuana Establishments and Businesses Dealing in Marijuana Accessories, excluding any one or combination of the uses which may constitute a Registered Marijuana Dispensary.

4. Special Permit Requirements

a) A Special Permit A2 is required for any Marijuana Establishment or Business Dealing in Marijuana Accessories. A Special Permit A3 Parking Determination is required in accordance with Section V-A.2 of the Zoning By-Law.

b) In addition to the application requirements set forth in this Section V-J, a special permit application for a Marijuana Establishment or Business Dealing in Marijuana Accessories shall include the following:

i) the name and address of each owner of the Marijuana Establishment or Business Dealing in Marijuana Accessories;

ii) copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies or Commissions for the Marijuana Establishment or Business Dealing in Marijuana Accessories;

iii) trade name, logo and building signage that complies with applicable provisions of this By-Law and applicable law;

iv) evidence of the Applicant's site control of the site of the Marijuana Establishment or Business Dealing in Marijuana Accessories for the Marijuana Establishment or Business Dealing in Marijuana Accessories, such as a deed or lease;

v) if the Applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or  other similarly situated individuals and entities and their addresses. If any of the   above are entities, rather than persons, the Applicant must disclose the identity of the owners of such entities until the disclosure contains the names of individuals;

vi) proposed security measures for the Marijuana Establishment or Business Dealing in Marijuana Accessories, including lighting, fencing, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft;

vii) a list of any vehicles associated with the business and anticipated to be stored on the premises; and

viii) proposed hours of operation.

c. Mandatory Findings. The Board of Appeals shall not issue a special permit for a Marijuana Establishment or Business Dealing in Marijuana Accessories unless it finds that:

i) the applicant has satisfied all of the conditions and requirements of this Section V-J and any other applicable provisions of the Zoning By-Law; and

ii) the Marijuana Establishment or Business Dealing in Marijuana Accessories demonstrates that it will meet the permitting requirements of all other applicable state and local authorities related to the use and operation of an Marijuana Establishment or Business Dealing in Marijuana Accessories; and

iii) the Marijuana Establishment or Business Dealing in Marijuana Accessories is designed to minimize any adverse visual, odor, audible, vehicular or economic impacts on abutters or the surrounding neighborhood.

5. General Requirements and Conditions.

a) Use variances shall be strictly prohibited.

b) The hours of operation shall be set by the Board of Appeals.

c) Special Permits shall remain exclusively with the original applicant to whom it is issued, who shall be the owner or lessee of the land and/or building described in the application. The Special Permit shall automatically terminate on the date the applicant transfers or conveys (other than the granting of a mortgage to an institutional lender) its title or leasehold interest, as applicable, in the land or the building where the Marijuana Establishment or Business Dealing in Marijuana Accessories is located. A special permit may be transferred only with the approval of the Board of Appeals by major modification to the special permit with all information required in this Section V-J.

d) All sales or other distribution of Marijuana or Marijuana Products or Marijuana Accessories shall occur indoors. No smoking, burning or consumption of Marijuana or Marijuana Products shall be permitted on the premises of an Marijuana Establishment or Business Dealing in Marijuana Accessories.

e) The Marijuana Establishment or Business Dealing in Marijuana Accessories shall provide the Hingham Police and Fire Departments, Building Commissioner and the Board of Appeals with the names, phone numbers and e-mail addresses of all management staff and key holders to whom one can provide notice if there are operating problems associated with the Marijuana Establishment or Business Dealing in Marijuana Accessories.

f) As a condition of its special permit, the holder shall (i) prior to the issuance of a certificate of occupancy, provide to the Board of Appeals a copy of all local permits required for operation of the Marijuana Establishment or Business Dealing in Marijuana Accessories , and (ii) file an annual report to the Board of Appeals no later than January 31st, providing a copy of all current applicable local permits and state licenses for the Marijuana Establishment or Business Dealing in Marijuana Accessories and its owners and demonstrating continued compliance with the conditions of the Special Permit.

g) Any special permit issued under this Section V-J shall lapse if not exercised within one year of issuance.

h) Immediately upon the earlier of the expiration, surrender or revocation of any state issued licenses or registration, or the ceasing of operations at the Marijuana Establishment or Business Dealing in Marijuana Accessories, all Marijuana, including plants, Marijuana Products and Marijuana Accessories of any kind shall be destroyed or removed from the property."

Item 2: By amending Section VI by inserting after the definition of "Lot Line, Side" the following:

"Marijuana or Marihuana

all parts of any plant of the genus Cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in section 1 of chapter 94C of the General Laws; provided that "Marijuana" shall not include:

1. The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination;

2. Hemp; or

3. The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.

Marijuana Accessories

equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the human body.

Marijuana Cultivator

an entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.

Marijuana Establishment

a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.

Marijuana Product Manufacturer

an entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.

Marijuana Products

products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.

Marijuana Testing Facility

an entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants.

Marijuana Retailer

an entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers."

Item 3: By amending Section VI by inserting the following in the first sentence of the definition for Farmers' Market after the word "beverages: ", but excluding Marijuana, Marijuana Products and Marijuana Accessories"".

Item 4: By amending the definition of Home Occupation in Section VI by inserting "Marijuana Establishments and Businesses Dealing in Marijuana Accessories shall not be considered Home Occupations." at the end thereof.

Item 5: By amending the definition of Light Industry in Section VI by inserting the following at the end thereof: "5. Involves Marijuana Establishments or Businesses Dealing in Marijuana Accessories."

Item 6: By amending Section III-B to insert the following at the end thereof: "10. Excluding Marijuana Establishments and Businesses Dealing in Marijuana Accessories."

Item 7: By amending Section III-A, 1.8 to insert the following at the end thereof: ", and subject to Special Condition 10 of Section III-B."

Item 8: By amending Section III-A, 2.1 to replace the words "subject to Special Condition 1" with the words "subject to Special Conditions 1 and 10".

Item 9: By amending Section III-A.2.2 to replace the words "subject to Special Condition 1" with the words "subject to Special Conditions 1 and 10".

Item 10: By amending Section III-A to insert the following after subsection 2.3: "2.4 Marijuana Cultivator, subject to Section V-J", to be permitted by Special Permit A2 ("A2" ) in the Office Park District, Industrial District, Industrial Park District, and Limited Industrial Park District, and prohibited ("0") in all other zoning districts.

Item 11: By amending Section III-A.3.7 to insert ", subject to Special Condition 10 of Section III-B." after "business"

Item 12: By amending Section III-A.3.11 to insert ", and Special Condition 10 of Section III-B" after "III-J";

Item 13: By amending Section III-A, 4.1 to insert the following at the end thereof: ", subject to Special Condition 10 of Section III-B."

Item 14: By amending Section III-A.4.2 to insert the following at the end thereof: ", subject to Special Condition 10 of Section III-B."

Item 15: By amending Section III-A.4.6 to insert “and Special Condition 10 of Section III-B” after “subsection 2.1”.

Item 16: By amending Section III-A.4.9A to insert the following at the end thereof: ", subject to Special Condition 10 of Section III-B."

Item 17: By amending Section III-A.4.9B to insert the following at the end thereof: ", subject to Special Condition 10 of Section III-B."

Item 18: By amending Section III-A.4.25 to insert the following at the end thereof: ", subject to Special Condition 10 of Section III-B."

Item 29: By amending Section III-A to insert the following after subsection 4.27: "4.28 Marijuana Retailer, subject to Section V-J", to be permitted by Special Permit A2 ("A2") in Business District A, Business District B, Office Park District, Industrial District, Industrial Park District, and Limited Industrial Park District, and prohibited ("O") in all other zoning districts.

Item 20: By amending Section III-A. to insert the following after subsection 4.28 inserted above: "4.29 Businesses Dealing in Marijuana Accessories, subject to Section V-J.", to be permitted by Special Permit A2 ("A2") in Business District A, Business District B, Office Park District, Industrial District, Industrial Park District, and Limited Industrial Park District, and prohibited ("O") in all other zoning districts.

Item 21: By amending Section III-A.6.1 to insert the following at the end thereof: ", subject to Special Condition 10 of Section III-B."

Item 22: By amending Section III-A.6.2 to insert the following at the end thereof: ", subject to Special Condition 10 of Section lIl-B."

Item 23: By amending Section III-A to insert the following after subsection 6.2: "6.3 Marijuana Product Manufacturing, Marijuana Testing Facility, and Wholesale Businesses Dealing in Marijuana Accessories, subject to Section V-J", to be permitted by Special Permit A2 ("A2") in Office Park District, Industrial District, Industrial Park District, and Limited Industrial Park District, and prohibited ("O") in all other zoning districts.

or act on anything related thereto?

(Inserted at the request of the Planning Board)

     ARTICLE 30:   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 VI by inserting after the definition of “Lot Line, Side” the following:

“Marijuana or Marihuana

all parts of any plant of the genus Cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in section 1 of chapter 94C of the General Laws; provided that ''Marijuana'' shall not include:

(1) The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination;

(2) Hemp; or

(3) The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.

Marijuana Accessories

equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the human body.

Marijuana Cultivator

an entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.

Marijuana Establishment

a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.

Marijuana Product Manufacturer

an entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.

Marijuana Products

products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.

Marijuana Testing Facility

an entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants.

Marijuana Retailer

an entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.”

Item 2:  By amending Section VI by inserting the following in the first sentence of the definition for Farmers’ Market after the word “beverages: “, but excluding Marijuana, Marijuana Products and Marijuana Accessories””.

Item 3: By amending the definition of Home Occupation in Section VI by inserting “Marijuana Establishments and Businesses Dealing in Marijuana Accessories shall not be considered Home Occupations.” at the end thereof.

Item 4:  By amending the definition of Light Industry in Section VI by inserting the following at the end thereof: “5. Involves Marijuana Establishments or Businesses Dealing in Marijuana Accessories.”

or act on anything related thereto?  

(Inserted at the request of the Planning Board)

     ARTICLE 31:  Will the Town accept the provisions of Chapter 64N, Section 3 of the Massachusetts General Laws which provides for the imposition of a local sales tax upon the sale or transfer of marijuana or marijuana products by a marijuana retailer operating within the Town of Hingham to anyone other than a marijuana establishment as follows:

The Town of Hingham hereby accepts the provisions of Chapter 64N, Section 3 of the Massachusetts General Laws and hereby imposes a local sales tax upon the sale or transfer of marijuana or marijuana products by a marijuana retailer operating within the Town of Hingham to anyone other than a marijuana establishment at a rate of 3 per cent of the total sales price received by the marijuana retailer as a consideration for the sale of marijuana or marijuana products,

or act on anything related thereto?

(Inserted by the Board of Selectmen)

     ARTICLE 32:  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-H.1.a) by inserting “state law” after the word “applicable”, and deleting the remainder of that sentence;

Item 2:  By amending Section V-H.2 by deleting “under 105 CMR 725.100, and inserting “subject to applicable state law” in its place;

Item 3:  By amending Section V-H.5.a) by deleting “; provided, however, that an RMD that is solely for the cultivation of marijuana and is protected under Chapter 40A, Section 3 shall not require a special permit but shall be subject to Section III-B,9 of the By-Law”;

Item 4:  By amending Section V-H to delete the content of V-H.3 “Exclusion of Other Marijuana Establishments.  Any establishment that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana-infused products, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, or related activities shall not be permitted if such establishment has not been properly registered and licensed in accordance with applicable law.” and insert “Intentionally left blank”

 or act on anything related thereto? 

(Inserted at the request of the Planning Board)

     ARTICLE 33: Will the Town vote to amend the General By-Laws of the Town, adopted March 13, 1939, as heretofore amended, by amending Article 39, Section 2, by inserting the following new paragraph (18) to authorize the Hingham Affordable Housing Trust to have the additional powers to act as the lottery and monitoring agent for affordable housing and to accept compensation for those services for deposit into the trust all in accordance with the Town’s authority to grant such additional powers pursuant to M.G.L. c. 44, § 55C(c):

Article 39, Section 2(18) to act as the lottery and monitoring agent for affordable housing and to accept compensation for those services for deposit into the trust; or act on anything relating thereto?

(Inserted by the Board of Selectmen)

     ARTICLE 34:  Will the Town accept the laying out, as a Town way, of a way commencing at the westerly terminus of the existing public way named Lewis Court and extending westerly therefrom as shown on the plan entitled “As-Built Plan, Lewis Court, Hingham, MA”, dated September 28, 2017, revised January 3, 2018, which plan is on file in the Planning Board’s office and is incorporated herein by reference, where after the Town way named Lewis Court shall be deemed to include said way, or act on anything relating thereto?(Inserted by the Board of Selectmen)  


     ARTICLE 35:  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)