Current Articles

Proposed Warrant Articles for 2019 Town Meeting

A            Hannah Lincoln Whiting Fund

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            Acceptance of Easements

N            Community Preservation Committee

O            Unpaid Bill of a Previous Year

P            South Shore Country Club Equipment

Q            Additional Engineering Funds for Completion of Route 3A Design

R        Property Tax Exemption for Veterans Whose Property Has Been Conveyed to a Trust

S            Property Tax Exemption for Gold Star Parents 

T            South Shore Park Chapter 43D Priority Development Site

U            Plastic Bag Reduction and Encourage Reusable Bags By-law

V            Comprehensive Master Plan

W            Installation of Fiber Optic Municipal Area Network

X            Municipal Waterways Improvements and Maintenance Fund

Y            Dredging of Hingham Harbor

Z            Foster School Article to Amend Feasibility Study Vote

AA            Foster School Extraordinary Maintenance Capital

BB            Funding for the High School Clerestory Window Project

CC            Authorize Five-Year Lease for School Transportation Vehicles

DD            Home Rule Petition: Simplified Street Acceptance Process

EE        Transfer Harbor Revenues to Municipal Waterways Improvement and Maintenance Fund

FF            Hingham Library Renovation Project (Removed)

GG            Street Acceptance - Portion of Martins Lane

HH            Acquisition of Canterbury Street Cemetery

II            Home Rule Petition: Establish a Hingham Means-Tested Property Tax Exemption

JJ            South Shore Country Club Cell Tower Lease (Removed)

KK            Library Building Committee

LL            Library Building Project

MM        Water Company Acquisition

NN            Board of Water Commissioners

OO            Water System Enterprise Fund

PP            Water Company Acquistion – Transition Costs

QQ            Master Plan Committee

AAA.        Amend Zoning By-law re:  Section I-C Enforcement

BBB        Amend Zoning By-law re:  Section III-A Retail Sale of Alcoholic Beverages

CCC        Amend Zoning By-law re:  Rezone Conservation Land as Official and Open Space

DDD        Amend Zoning By-law re:  Section III-G Downtown Hingham Overlay District

EEE        Amend Zoning By-law re:  Sections I and IV

FFF        Amend Zoning By-law re:  Timeframe to Commence Permitted Use or Construction that becomes Nonconforming

GGG    Amend Zoning By-law re:  Timeframe to Commence Use or Construction under a Special Permit

HHH        Amend Zoning By-law re:  Abandonment or Discontinuance of Nonconforming Single-Family and Two-Family Dwellings (Removed)

    ARTICLE A:  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 B:  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 C:  To receive 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 (Cleaner, Greener Hingham); Memorial Bell Tower Committee; Open Space Acquisition Committee; Scholarship Fund Committee; 2017 School Building Committee; Wastewater Master Planning Committee; and Water Supply Committee,  or act on anything relating thereto.

(Inserted by the Board of Selectmen)


     ARTICLE D:  Will the Town accept the report of the Personnel Board, established pursuant to the Town of Hingham Personnel By-Law and consists of five members appointed by the Moderator, or act on anything relating thereto?     

(Inserted by the Board of Selectmen)


     ARTICLE E:  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 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, 2019, or act on anything relating thereto?

(Inserted by the Board of Selectmen)       


     ARTICLE G:  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 2020 tax rate, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE H:  Will the Town transfer a sum of money from the Meals Tax Stabilization Fund for the purpose of reducing the Fiscal Year 2020 tax rate, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     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, 2019, 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 J:  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 $350,000.00 during Fiscal Year 2020, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE K:  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 $70,000.00 during Fiscal Year 2020, or act on anything relating thereto?

(Inserted at the request of the Council on Aging)


     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 Fiscal Year 2019, or act on anything relating thereto? 

(Inserted by the Board of Selectmen)


     ARTICLE M:  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)


ARTICLE N:  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 and from the Community Preservation General Fund to be used by the Hingham Affordable Housing Trust for the HAHT Opportunity Fund;  

3)    Appropriate a sum of money from the Community Preservation General Fund to be used by Liberty Plain Cemetery Corporation to continue to restore and conserve veterans’ markers and grave stones within the Liberty Plain Cemetery located at 990 Main Street, Map 180/Lot 20;

4)    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 6 bells located at 68R Main Street, Map 61/Lot 124A; 

5)    Appropriate a sum of money from the Community Preservation General Fund to be used by the Hingham Historical Society for stabilization of Old Ordinary House and 1906 Annex at 21 Lincoln Street, Map 61/Lot 21;

6)    Appropriate a sum of money from the Community Preservation General Fund to be used by the Hingham Recreation Commission to conduct a Comprehensive Study of Hingham’s athletic fields, outdoor tennis courts, and basketball courts; 

7)    Appropriate a sum of money from the Community Preservation General Fund to be used by the Trustees of the Hingham Bathing Beach for additional funding to complete the Bathhouse/Concession Stand located at 0 Otis Street, Map 50/Lot 50;  

8)    Appropriate a sum of money from the Community Preservation General Fund to be used by Hingham School Committee to assist with making Plymouth River School Playground ADA compliant located at 200 High Street, Map 124/Lot 32


or act on anything relating thereto?

(Inserted at the request of the Community Preservation Committee)  


     ARTICLE O:  Will the Town raise and appropriate, or transfer from available funds, a sum of money for an unpaid bill of a previous year to Wells Fargo, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


ARTICLE P: Will the Town raise and appropriate, borrow, or transfer from available funds a sum of money in the amount of $550,000 for the purchase of golf course maintenance equipment for the South Shore Country Club, or act on anything relating thereto? 

(Inserted at the request of the South Shore Country Club Management Committee)


ARTICLE Q:  Will the Town raise and appropriate or transfer monies from available funds for civil engineering services to design and to develop plans and specifications for the Route 3A/Rotary/Summer Street corridor roadway improvements and all incidental costs, or act on anything relating thereto?

(Inserted at the request of the 3A Task Force) 


ARTICLE R:  Will the Town accept the provisions of M.G.L. c. 59, § 5, Clause Twenty-second G (inserted by Chapter 218 of the Acts of 2018 known as an Act Relative to Veterans’ Benefits, Rights, Appreciation, Validation, and Enforcement (“BRAVE Act”)), signed into law August 28, 2018, which provides for a property tax exemption for any real estate that is the domicile of a person but is owned by a trustee, conservator or other fiduciary for the person’s benefit if the real estate would be eligible for exemption under clause Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second D, Twenty-second E, or Twenty-second F if the person were the owner of the real estate, or act on anything relating thereto?

(Inserted at the request of the Hingham Veterans’ Council)


ARTICLE S:  Will the Town accept the provisions of M.G.L. c. 59, § 5, Clause Twenty-second H (inserted by Chapter 218 of the Acts of 2018 known as an Act Relative to Veterans’ Benefits, Rights, Appreciation, Validation, and Enforcement (“BRAVE Act”)), signed into law August 28, 2018, which provides for a property tax exemption for real estate to the full amount of the taxable valuation of the real property of the surviving parents or guardians of soldiers and sailors, members of the National Guard and Veterans who: (i) during active duty service, suffered an injury or illness documented by the United States Department of Veteran Affairs or a branch of the armed forces that was a proximate cause of their death; or (ii) are missing in action with a presumptive finding of death as a result of active duty service as members of the Armed Forces of the United States; provided, however, that the real estate shall be occupied by the surviving parents or guardians as the surviving parents’ or guardians’ domicile; and provided further, that the surviving parents or guardians shall have been domiciled in the commonwealth for the 5 consecutive years immediately before the date of filing for an exemption pursuant to this clause or the soldier or sailor, member of the National Guard or veteran was domiciled in the commonwealth for not less than 6 months before entering service.


Surviving parents or guardians eligible for an exemption pursuant to this clause shall be eligible regardless of when the soldier, sailor, member of the National Guard or veteran died or became missing in action with a presumptive finding of death; provided, however, that the exemption shall only apply to tax years beginning on or after January 1, 2019.  Such exemption shall be available until such time as the surviving parents or guardians are deceased.  No real estate shall be so exempt which has been conveyed to the surviving parents or guardians to evade taxation, or act on anything relating thereto?

(Inserted at the request of the Hingham Veterans’ Council)


     ARTICLE T:  Will the Town will vote to approve the filing of an amended application with the Massachusetts Interagency Permitting Board to designate property located at 0 Southeast Expressway (Map 213, Lot 30), consisting of approximately 161 acres of land and including a previously designated 25 acre parcel formerly known as 0 Commerce Road (Map 207, Lot 21), as a Priority Development Site under Chapter 43D of the Massachusetts General Laws, as amended, pursuant to Section 11 of Chapter 205 of the Acts of 2006 and to amend the vote adopted under  Article 50 of the 2012 Annual Town Meeting, in which the Town originally accepted the provisions of Chapter 43D, to correct the Assessors Map and Lot information and/or street address for the following properties: 99 Industrial Park Road (Map 207, Lot 8); 5 Pond Park (Map 201, Lot 4); 20 Pond Park (Map 201, Lot 10); and 75 Abington Street (formerly 105 Research Road) (Map 206, Lot 12), or act on anything relating thereto. 

(Inserted by the Board of Selectmen)


     ARTICLE U: To determine whether the Town will vote to amend the By-laws of the Town of Hingham by adding the following Article 44:

Plastic Bag Reduction and Encourage Reusable Bags By-law

Section 1.     Purpose and Intent: 

    Single-use plastic checkout bags have significant detrimental impacts on the environment and to public health including but not limited to: causing the death of marine animals and birds through ingestion and entanglement, contributing to pollution of the land environment and waterways, creating physical and financial burdens to solid waste collection and recycling facilities, clogging storm drainage and sewer systems, necessitating the expenditure of millions of barrels of crude oil nationally for their manufacture, and increasingly risking the public health from non-biodegradable microplastics which wildlife ingest and enter the food chain that humans consume.

       The goal of this by-law is to reduce the common use of plastic checkout bags and to promote the use of reusable bags by consumers, thereby reducing local land and marine pollution, reducing waste, reducing the environmental impact of paper bags, protecting the town’s unique natural beauty and irreplaceable natural resources, and improving the quality of life for the citizens of Hingham. 

Section 2.    Definitions:

The following words shall, unless the context clearly requires otherwise, have the following meanings:

“ASTM D6400” means the American Society for Testing and Materials (ASTM) International Standard Specification for Compostable Plastics.

 “Checkout Bag” means a bag with or without handles provided by a Store to a customer at the point of sale that is intended for the purpose of transporting food or merchandise out of the Store.

“Compostable Plastic Bag” means a plastic bag that conforms to the current ASTM D6400 standard specifications by a recognized verification entity. 

 “Paper Bag” means a paper bag that can be readily recycled. 

“Product Bag” means (1) a bag in which loose produce, bulk items, unwrapped baked goods or prepared food, or other products are placed by the consumer to deliver such items to the point of sale or check out area of the Store, or (2) a bag that contains or wraps foods to retain moisture or to segregate foods (like meat or ice cream) or other items to prevent contamination or damage when the items are placed together in a Recyclable Bag or Reusable Bag.  Plastic bags without handles used to cover clothing such as a dry cleaning bag are not included in this definition. 

“Recycled Paper Bag” means a paper bag that is 100% recyclable and contains at least 40% post- consumer recycled content, and displays in a visible manner on the outside of the bag (1) the word “recyclable” or a symbol identifying the bag as recyclable and (2) a label identifying the bag as being made from post- consumer recycled content and the percentage of post-consumer recycled content in the bag. 

“Reusable Bag” means a bag that is either (1) made of cloth or other machine washable fabric, or (2) made of plastic other than polyethylene or polyvinyl chloride that is durable, non-toxic, and generally considered a food grade material, and is more than 4 mils in thickness. 

“Single-use Plastic Checkout Bag” means a plastic Checkout Bag that is less than 4 mils thick or a Compostable Plastic Bag. 

“Store” means any commercial enterprise selling goods, food or services directly to the public, whether for or not for profit, including but not limited to: convenience and grocery stores, markets, restaurants, pharmacies, liquor stores, take-out food purveyors, and merchandise retailers.

Section 3.    Use Regulations: 

(A)    No Store in Hingham shall provide to any customer a Single Use Plastic Checkout Bag. Existing stock should be phased out within six months of November 1, 2019 and any remaining stock should be disposed of properly. 

(B)    If a Store provides Checkout Bags to customers, they may only provide Reusable Bags, Paper Bags or Recycled Paper Bags. 

(C)    If a Store provides Product Bags to customers, the bag shall comply with the requirements of being a Reusable Bag, Paper Bag, or Recycled Paper Bag or a Compostable Plastic Bag.

Section 4.    Administration and Enforcement: 

(A)    The administration and enforcement of this by-law is the responsibility of the Hingham Board of Health.

 (B)    A person, individually or by his servant or agent, who violates any provision of this by-law may be penalized by a non‐criminal disposition pursuant to G.L. Chapter 40, Section 21(D) and the Town of Hingham non-criminal disposition by-law. 

(C)    The following penalties shall apply: 

(1)    First violation:                 written warning 

(2)    Second violation:                 $100 fine 

(3)    Third violation:                 $200 fine 

(4)    Fourth and subsequent violations:     $300 fine 


Each day a violation continues constitutes a separate violation. 

Section 5.    Right to a Hearing:

        Any person or persons aggrieved by an order that has been served pursuant to this by-law may request a hearing before the Hingham Board of Health by filing a written petition to the Hingham Executive Health Officer within seven (7) days of receipt of said order.

Section 6.    Effective Date: 

            This by-law shall take effect on November 1, 2019. 

(Inserted at the request of the Cleaner Greener Hingham Committee/Long Range Waste Disposal and Recycling Committee)

     ARTICLE V: Will the Town vote to raise and appropriate, borrow or transfer from available funds a sum of money not to exceed $145,000, to be spent by the Town for the purposes of funding an updated Comprehensive Master Plan, or act on anything related thereto?

(Inserted at the request of the Planning Board)


     ARTICLE W:  Will the Town raise and appropriate, or transfer from available funds, a sum of money to be used to install a fiber optic municipal area network with redundancy in and between all Town buildings, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE X:  Will the Town vote to establish a Municipal Waterways Improvement and Maintenance Fund under M.G.L. c. 40, § 5G to receive revenue from boat excise taxes under M.G.L. c. 60B, § 2(i) and to receive revenue from mooring permit fees under M.G.L. c. 91, § 10A and to receive any additional sums from the Commonwealth of Massachusetts or the Federal Government and to require that fifty percent of said boat excise taxes collected under M.G.L. c. 60B, § 2(i) shall be deposited into said fund as required by law and that all mooring permit fees collected under M.G.L. c. 91, § 10A shall be deposited into said fund as required by law and provided further that appropriations from said Municipal Waterways Improvement and Maintenance Fund shall be limited to the following as required by M.G.L. c. 40, § 5G: (1) maintenance, dredging, cleaning and improvement of harbors, inland waters and great ponds of the commonwealth located in the Town of Hingham, (2) the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings thereof, and (4) law enforcement and fire prevention associated therewith.  Or act on anything relating thereto?

(Inserted by Board of Selectmen)


     ARTICLE Y:  Will the Town vote to raise and appropriate, borrow, or transfer from available funds a sum of money, for the dredging of Hingham Harbor, or act on anything thereto?

(Inserted by Board of Selectmen)


     ARTICLE Z:  Will the Town of Hingham vote to amend its prior vote under Article 20 of the 2017 Annual Town Meeting as follows:  To delete the prior vote in its entirety and replace it with the following:  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 Massachusetts General Laws 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 that expenditures from this appropriation may be made upon acceptance of the Town into the 2019 MSBA Eligibility Period or upon denial of the Town’s application for acceptance into 2019 MSBA Eligibility Period, whichever occurs first. The Town of Hingham 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.  Any premium received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Massachusetts General Laws, chapter 44, section 20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount, or act on anything relating thereto.

(Inserted at the request of the School Committee) 


     ARTICLE AA: Will the Town vote to raise and appropriate, borrow or transfer from available funds, an amount of up to $350,000 to be expended under the direction of the School Committee upon the recommendation of the 2017 School Building Committee for the purpose of funding Foster Elementary School Extraordinary Maintenance Capital needs during Fiscal Year 2020 for the existing school building, or act on anything relating thereto?

(Inserted at the request of the School Committee)

     

     ARTICLE BB: Will the Town vote to raise and appropriate, borrow or transfer from available funds, an amount of up to $550,160 for the purpose of replacing the clerestory windows and completing other work related to this project at Hingham High School, or act on anything relating thereto?

(Inserted at the request of the School Committee) 


     ARTICLE CC:  Will the Town authorize the School Department to enter into leases of up to five years for the purpose or leasing school buses and special education vans used for regular and special education transportation, or act on anything relating thereto?

(Inserted at the request of the School Committee)


     ARTICLE DD:  Will the Town authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts, in accordance with Article LXXXIX, Article II, Section 8 (M.G.L.A. Const. Amend. Art. 2, Section 8), of the Articles of Amendment to the Constitution of the Commonwealth, to enact legislation in substantially the following form, provided that the General Court may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of the petition:


AN ACT RELATIVE TO THE PROCEDURE FOR

MUNICIPAL ACCEPTANCE OF SUBDIVISION ROADS IN

THE TOWN OF HINGHAM

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1.  Notwithstanding chapters 79 and 82 of the General Laws or any other general or special law to the contrary, the town of Hingham may employ the procedure set out in this act for municipal acceptance of roads constructed within a subdivision in accordance with a definitive subdivision plan that has been approved pursuant to the subdivision control law, as defined in section 81K of chapter 41 of the General Laws.

 The planning board, upon request of the board of selectmen, or a developer, or on its own initiative, shall prepare a written certification that a subdivision road has been laid out and constructed in accordance with the board's rules and regulations and the approved definitive subdivision plan, and submit its certification to the board of selectmen. 

The Board of Selectmen of the town of Hingham shall hold a public hearing, after first giving:  (i) written notice by first-class mail, postage prepaid, to the owner of record of each property abutting the road, as appearing in the records of the assessors of the town of Hingham; and (ii) notice by publication in a newspaper of local circulation not less than 7 days before the hearing.  The records of the assessors of the town of Hingham shall be conclusive evidence of ownership for purposes of this act.  If the board of selectmen determines, after the public hearing, that it is in the public interest to accept the road, they shall so vote, by a majority vote, and place an article on the warrant for the next annual or special town meeting for acceptance of the road. 

Upon a 2/3 vote of town meeting to accept the road, the board of selectmen shall prepare an order of acceptance setting forth the vote of the town meeting for recording at the Plymouth county registry of deeds.  The order of acceptance shall contain a description of or reference to a plan showing the boundaries and measurements of the road, which may be an existing approved and recorded definitive subdivision plan.  The order of acceptance shall be recorded not later than 60 days after the town meeting vote and, upon recordation, shall vest ownership of a permanent roadway easement in the road for all purposes for which public ways are commonly used in the town of Hingham, together with ownership of all utility, drainage, access and other easements shown on the plan and specifically identified in the order of acceptance, as well as all pipes, structures and other improvements located therein, in the town of Hingham with no additional notice or other action required. No owner or interest holder of land abutting a road so accepted or subject to an easement shown on the plan shall have any claim for compensation against the town of Hingham on account of such acceptance.

SECTION 2.  This act shall take effect upon its passage.

or act on anything relating thereto?

(Inserted by the Board of Selectmen)

     ARTICLE EE:  Will the Town vote to appropriate or transfer from available funds a sum of money, which sum was generated from fees paid to the Town of Hingham during FY2019, from any parking license for the purpose of accessing slips or moorings, any capital dredging fund, mooring and docking permit revenues, mooring/docking permit late fees, boating fines and/or boat excise taxes, for deposit to the Town’s Municipal Waterways Improvement and Maintenance Fund, to be used in accordance with M.G.L. c. 40, § 5G, or act on anything relating thereto.

(Inserted by Board of Selectmen)


     ARTICLE FF:  (Removed) Will the Town raise and appropriate, borrow, or transfer from available funds a sum of money to be expended on the construction, renovation, and expansion of the Hingham Public Library located at 66 Leavitt Street (Map 82,Lot 1), including demolition, landscaping, paving, utility, and other site improvements, incidental or directly related to such construction, renovation, and expansion, and necessary architectural, design, engineering, or other professional and legal expenses and fees associated with this project, and provision of temporary library operational space, storage, and moving expenses, if necessary; also to fund furnishings and equipment and the payment of all other costs incidental or related thereto; to authorize the Town to accept any grants or loans available for the project, including the grant extended through the Massachusetts Public Library Construction program; and will the Town, pursuant to this Article, establish a Hingham Public Library Building Committee, consisting of a minimum of seven members, and authorize such Committee to take any action necessary to oversee the construction, renovation,  and expansion of the Library; or act on anything relating thereto?

(Inserted at the request of Board of Trustees of the Hingham Public Library)


     ARTICLE GG: Will the Town accept the laying out, as a part of the Town way known as Martins Lane, an approximately 40 square foot parcel of land located to the west of the northwesterly terminus of the existing layout of Martins Lane, more particularly shown on Sheet 4 of a plan entitled “Plan of Martins Lane Hingham, Mass.”, dated January 8, 1947, prepared by Lewis W. Perkins, Engineer and recorded with the Plymouth County Registry of Deeds in Plan Book 7, Page 98, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE HH:  Will the Town authorize, but not require, the Board of Selectmen to acquire by gift and/or eminent domain the property known as the Canterbury Street Cemetery shown as Assessors Map 43, Lot 110, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE II: Will the Town authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts, in accordance with Article LXXXIX, Article II, Section 8 (M.G.L.A. Const. Amend. Art. 2, Section 8), of the Articles of Amendment to the Constitution of the Commonwealth, to enact legislation in substantially the following form, provided that the General Court may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of the petition:


AN ACT RELATIVE TO THE ESTABLISHMENT 

OF A HINGHAM MEANS-TESTED PROPERTY TAX EXEMPTION


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:


SECTION 1. With respect to each qualifying parcel of real property classified as class one, residential according to the classification by the Board of Assessors for the town of Hingham (a “Qualifying Parcel”) there shall be a senior, means-tested exemption from the property tax otherwise payable with respect to such Qualifying Parcel in an amount to be determined annually by the Board of Selectmen as described herein. For the purposes of this special act, a Qualifying Parcel shall be a unit of real property as defined by the Board of Assessors under the deed for the property as residential class one and includes a condominium unit. The exemption provided for herein shall be in addition to any and all other exemptions allowed by the General Laws.


SECTION 2. A taxpayer shall qualify for the exemption provided for herein only if all of the following criteria are met: 

(a)     The Qualifying Parcel is owned and occupied by one or more natural persons who applied for and received the circuit breaker income tax credit the previous calendar year under section 6(k) of chapter 62 of the General Laws; 

(b)     The Qualifying Parcel is owned by: (i) a single taxpayer age 65 or older; or (ii) jointly by one or more taxpayers so long as one owner is age 65 or older and all other owners are age 60 or older in each case as determined as of December 31st of the previous calendar year;

(c)     The Qualifying Parcel is the domicile of the taxpayer(s);

(d)     The applicant taxpayer (or at least one of the joint applicants) has been domiciled and owned a residential unit of real property in the town of Hingham for at least ten (10) consecutive years prior to filing an application for this exemption;

(e)     The maximum assessed value of the domicile is no greater than the prior fiscal year’s maximum assessed value for qualification for the circuit breaker income tax credit under Section 6(k) of chapter 62 of the General Laws as adjusted annually by the Department of Revenue; 

(f)   Property taxes shall not be reduced by more than 50 percent by this exemption; and

(g)     The Board of Assessors has approved the application. The Board of Assessors may deny an application if they find the applicant has excessive assets that place them outside of the intended recipients of the senior exemption created by this act.


SECTION 3. The Board of Selectmen shall annually set the exemption amount provided for in section 1, provided that the amount of the exemption shall be within a range of 50 percent to 100 percent of the amount of the circuit breaker income tax credit under section 6(k) of chapter 62 of the General Laws which the applicant received in the previous year. The total amount exempted by this act shall be allocated proportionally within the tax levy on all taxpayers and/or shall be funded by an appropriation or transfer from existing funds and cannot exceed 1% of the municipality’s tax Levy.


SECTION 4. A person who seeks to qualify for the exemption under section 1 shall, before the deadline established by the Board of Assessors, file an application, on a form to be adopted by the Board of Assessors, with the supporting documentation of the applicant’s income and assets as described in the application including a copy of the filed income tax return of the applicant showing the Circuit Breaker tax credit. The application shall be filed each year for which the applicant seeks the exemption.


SECTION 5. No exemption shall be granted under this act until the Department of Revenue certifies a tax rate for the applicable tax year where the total exemption amount is raised by a burden shift within the tax levy and/or by an appropriation or transfer from existing funds.


SECTION 6: This act shall expire after 3 years of implementation unless reaffirmed by Town Meeting vote.


or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE JJ:  (Removed) Will the Town vote to authorize, but not require, pursuant to M.G.L. c. 40, § 3, 15, and 15A, and all other applicable laws, the Country Club Management Committee with the approval of the Board of Selectmen to enter into a lease agreement for a parcel of land of approximately 10,000 square feet, along with the access road leading thereto, located at the South Shore Country Club as shown on a Conceptual Site Plan prepared by Dewberry Engineers, Inc. dated 8/21/18, a copy of said plan being on file in the Town Clerk’s Office, for the purpose of locating a cell tower pursuant to a request for proposals under M.G.L. Chapter 30B; and to require that all revenues from said lease shall be deposited into the South Shore Country Club Enterprise Fund in accordance with M.G.L. c. 44, § 53F1/2; and to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts, in accordance with Article LXXXIX, Article II, Section 8 (M.G.L.A. Const. Amend. Art. 2, Section 8), of the Articles of Amendment to the Constitution of the Commonwealth, to enact legislation to authorize the lease of said land for said purpose, or act on anything relating thereto.

(Inserted at the request of the South Shore Country Club Management Committee) 


     ARTICLE KK:  Will the Town vote to establish a Hingham Public Library Building Committee, consisting of a minimum of seven members, and authorize such Committee to take any action necessary to oversee the construction, renovation, and expansion of the Hingham Public Library; or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE LL:  Will the Town raise and appropriate, borrow, or transfer from available funds a sum of money to be expended on the construction, renovation, and expansion of the Hingham Public Library located at 66 Leavitt Street (Map 82, Lot 1), including demolition, landscaping, paving, utility, and other site improvements, incidental or directly related to such construction, renovation, and expansion, and necessary architectural, design, engineering, or other professional and legal expenses and fees associated with this project, and provision of temporary library operational space, storage, and moving expenses, if necessary; also to fund furnishings and equipment and the payment of all other costs incidental or related thereto; to authorize the Town to accept any grants or loans available for the project, including the grant extended through the Massachusetts Public Library Construction program, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE MM:  Will the Town of Hingham vote to approve the purchase of the corporate property and all the rights, privileges and franchises of the Hingham Water Company (now owned by Aquarion Water Company of Massachusetts, Inc. and/or Aquarion Water Capital of Massachusetts, Inc. their successors and/or assigns) including, but not limited to, the water system and treatment plant, all as authorized under Chapter 139 of the Acts of 1879 (as amended) and as confirmed in Town of Hingham v. Aquarion Water Company of Massachusetts, Inc. and Aquarion Water Capital of Massachusetts, Inc., 92 Mass.App.Ct. 430 (2017) and will the Town of Hingham vote to raise and appropriate, borrow or transfer from available funds a sum of money necessary to purchase said corporate property and all of said rights, privileges and franchises and further vote to authorize the Town of Hingham Board of Selectmen to take all actions necessary to complete said purchase, or act on anything relating thereto.

(Inserted by the Board of Selectmen)


     ARTICLE NN:  Will the Town of Hingham vote to authorize its Board of Selectmen to act as the Board of Water Commissioners pursuant to M.G.L. c. 40, § 39E, and all other applicable laws, and with all the powers and duties associated therewith, to manage and operate the water system purchased pursuant to Article MM of the 2019 Town of Hingham Annual Town Meeting, including the authority to hire a Superintendent and to enter into all contracts necessary to manage and operate said water system, or act on anything relating thereto.

(Inserted by the Board of Selectmen)


     ARTICLE OO:  Will the Town of Hingham vote to accept the provisions of M.G.L. c. 44, § 53F1/2 and establish a Water System Enterprise Fund for the operation of the water system purchased pursuant to Article MM of the 2019 Town of Hingham Annual Town Meeting and to require that all receipts, revenues and funds received from the acquisition and operation of said water system shall be deposited into said Water System Enterprise Fund and that all salaries, expenses, capital expenditures and debt service payments associated therewith shall be paid from said Water System Enterprise Fund and to raise and appropriate or transfer a sum of money from the receipts, revenues and funds received from the acquisition and operation of said water system to operate said water system and to be expended by the Board of Selectmen acting as the Board of Water Commissioners, or act on anything relating thereto.

(Inserted by the Board of Selectmen)


     ARTICLE PP:  Will the Town of Hingham vote to raise and appropriate, borrow or transfer a sum of money to be used for any transition costs associated with the purchase of the water system pursuant to Article MM of the 2019 Town of Hingham Annual Town Meeting, including but not limited to engineering, legal, consulting, salaries or other costs, provided that said sum shall be reimbursed to the Town of Hingham from the proceeds of the bonds issued by the Town of Hingham for the purchase of said water system, or act on anything relating thereto.

(Inserted by the Board of Selectmen)


     ARTICLE QQ: Will the Town vote to establish a Master Plan Committee to report to the Planning Board on all matters referred to them by the Planning Board relative to the development of an updated Comprehensive Master Plan, or act on anything related thereto?

(Inserted at the request of the Planning Board)


     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 I-C.3. by deleting “100.00” in the second sentence and deleting “100” in the fourth sentence and inserting “300” in both locations; 

or act on anything related thereto?  


(Inserted at the request of the Planning Board)


     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 III-A.4.18 to delete “Intentionally left blank” and insert “Retail Sale of Alcoholic Beverages.”, to be permitted by Special Permit A2 (“A2”) in Business District A, Business District B, and Waterfront Business and (“O”) in all other zoning districts;


or act on anything related thereto?  

(Inserted at the request of the Planning Board)


     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:  revise the “Hingham, Massachusetts Zoning Parts A and C” map by removing from the Residence A District and including in the Official and Open Space District the land shown on Assessors Map 37 as Lot 37;


Item 2:  revise the “Hingham, Massachusetts Zoning Parts A and C” map by removing the following parcels from the Residence B District and including them in the Official and Open Space District:  the land shown on (a) Assessors Map 64 as Lot 43; (b) Assessors Map 190 as Lot 24 and Lot 75; (c) Assessors Map 167 as Lots 48 and 49; (d) Assessors Map 197 as Lots 3, 4 and 5;  


Item 3:  revise the “Hingham, Massachusetts Zoning Parts A and C” map by removing the following parcels from the Residence C District and including them in the Official and Open Space District:  the land shown on (a) Assessors Map 42 as Lot 65; (b) Assessors Map 64 as Lot 41; (c) Assessors Map 65 as Lot 30; (d) Assessors Map 75 as Lots 3 and 3B; (e) Assessors Map 91 as Lot 79; (f) Assessors Map 137 as Lot 1, Lot 18 and Lot 50; and (g) Assessors Map 147 as Lot 6; and


Item 4:  revise the “Hingham, Massachusetts Zoning Parts A and C” map by removing the portions of Assessors Map 65, Lots 26, 27, 28 and 29 that are currently zoned Residence C District from that zone and including them in the Official and Open Space District;


or act on anything related thereto?  

(Inserted at the request of the Planning Board)


     ARTICLE DDD:  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-G.2 to insert “f.  To preserve and/or complement the visual context of the streetscape.”;


Item 2: By amending Section III-G.5.b. by deleting the first sentence and inserting “The building permit, site plan review and or special permit applications shall include a narrative description of the proposed work affecting the exterior of the building or structure, including a description of the materials to be used.”;


Item 3:  By amending Section III-G.5.b. to insert “Photographs of the existing condition shall be provided also.” at the end of the paragraph;


Item 4:  By amending Section III-G.5.c. by deleting the existing paragraph and inserting in its place  “In connection with its review of such work, the Planning Board and/or the Board of Appeals will  request advisory design review comments on the proposal from the  Hingham Historic Districts Commission.  If the Hingham Historic Districts Commission is not able to provide advisory design review comments the Planning Board and/or the Board of Appeals  may engage other professional consultants, experts or assistance consistent with the provisions of Section I-F,3 of this By-Law to ensure the proposal is architecturally and aesthetically consistent with the historic character of the Overlay District.”;


Item 5:   By amending Section III-G.6.c.i. by deleting the word “level” and inserting “floor” in its place in each sentence;


Item 6:   By amending Section III-G.6.c.iii. by inserting “Dumpsters shall be screened and the top of the dumpster shall not be higher than the top of the enclosure.” as a second sentence;


Item 7:  By amending Section III-G.6.c. by inserting “iv. The Board of Appeals may permit a roof deck with a Special Permit A2 if in addition to the criteria in Section I-F,2. the Board finds that the following criteria are met: (a) the roof deck is not already considered a “story” by the by-law; (b) potential impacts to abutters including but not limited to noise, sight and sound have been mitigated to the extent possible.”;


Item 8:  By amending Section III-G.6.c. by inserting “v. All mechanicals placed on the roof must be screened so as to not be visible from the way and shall be located as far away from the adjacent residences as possible.  Mitigation of noise shall be provided using enclosures or best available technology.”;


Item 9:  By amending Section III-G.6.c. by inserting “vi. Applicant is encouraged to include street trees and other landscape material in the site design as possible.”;


or act on anything related thereto?  

(Inserted at the request of the Planning Board)


     ARTICLE EEE:  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 I-F.3 by deleting “nor shall they exceed the greater of $10,000 or one percent (1%) of the total projected cost of the project (inclusive of engineering, architectural, and legal fees and other soft costs)” from the second sentence;


Item 2:  By amending Section I-G by inserting “If the building permit includes no outside work the boards’ staff designee may waive site plan review administratively, at his/her discretion.” after the first sentence;  


Item 3: By amending Section I-I.2 by deleting the first two sentences in their entirety and inserting in their place “Applicants for site plan approval shall submit seven (7) hard copies and an electronic file of the site plan and submittal materials to the Planning Board for review, except that only two hardcopies of the drainage report are required.  The department staff  shall notify  the Board of Health, Building Commissioner, Conservation Commission, Department of Public Works, HMLP, Water Company, Sewer Department, Fire Department and Police Department of the application and request their advisory review and comments.”;


Item 4:  By amending Section I-I.4.f. by inserting “estimated net import/export of material,” after “grading plan,”;


Item 5:  By amending Section I-I.4.h. by inserting “including the Massachusetts Stormwater Handbook” after the word “Standards”;

Item 6:  By amending Section I-I.4.h. by inserting “Specifically required is an erosion control plan and an Operations and Management Plan for both the construction activities as well as ongoing post-construction maintenance and reporting requirements.  Applicants are encouraged to consider low impact design and green infrastructure solutions to the maximum extent feasible” after the word “Guidelines”;


Item 7:  By amending Section I-I.6. by inserting “or inspections during construction” in the third sentence after “performance guarantees”;


Item 8:  By amending Section I-I.6.e. by inserting “including but not limited to discarded building material, concrete truck wash out, chemicals, litter and sanitary wastes” after “site”;


Item 9:  By amending Section I-I.6.g. by inserting “including the Massachusetts Stormwater Handbook” after the word “Standards”;


Item 10:  By amending Section I-I.6.g. by inserting after the word “Guidelines” “Assurance that appropriate Best Management Practices have been designed and incorporated to minimize the amount of disturbed areas and protect natural resources, stabilize sites when projects are complete or operations have temporarily ceased, protect slopes on the construction site, protect storm drain inlets and armor all newly constructed outlets, install perimeter controls at the site, stabilize construction site entrances and exits to prevent off-site tracking of material, and have a regular inspection of stormwater controls at consistent intervals specified on the plans.” after the word “Guidelines”;


Item 11:  By amending Section I-I.7 to renumber it to “I-I.8” and by inserting “A pre-construction review meeting with inspection of the erosion control installation and marked limits of clearing shall be required as a condition of approval for all projects.  Projects that disturb one or more acres individually, or cumulatively if phased development is proposed, shall be required as a condition of any approval to provide a Stormwater Pollution Prevention Plan for review prior to the start of any work.” into Section I-I.7; 


Item 12:  By amending Section I-I.8. “Regulations” to renumber it to “I-I.10”;


Item 13:  By amending Section I-I. by inserting “As Built Plan Requirement

Upon project completion an as-built plan must be submitted to the Building Department for use during inspection prior to the issuance of a certificate of occupancy, and in no case later than two years after the completion of construction.  The as built plan must demonstrate substantial conformance with the approved project plans.” into Section I-I.9;


Item 14:  By amending Section IV-B.6.b. to change “20,000” to “5,000”;


Item 15:  By amending Section IV-B.6.b. to change “2500” to “1000”;


or act on anything related thereto?  

(Inserted at the request of the Planning Board)


     ARTICLE FFF:  Will the Town vote to amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, by replacing the reference to “six (6) months” where it appears in the last sentence in Section I-C, 1. with “twelve (12) months”, or act on anything related thereto?

(Inserted at the request of the Planning Board)


     ARTICLE GGG: (Removed) Will the Town vote to amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, by replacing the reference to “two (2) year period” where it appears in the last sentence in Section I-D, 2.b. with “three (3) year period”, or act on anything related thereto?

(Inserted at the request of the Planning Board)


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


Item 1: Amend Section III-I, D.(i) by replacing the reference to “Single-Family or Two-Family residential use” where it appears in parentheses with “Single-Family Dwelling or Two-Family Dwelling”;  


Item 2: Replace Section III-I, D.(ii) in its entirety as follows: “The nonconforming use of a building or structure as a Single-Family Dwelling or Two-Family Dwelling (and/or any Accessory Buildings related thereto) that has been discontinued for a period of more than four (4) years shall not be reestablished and any future use shall conform to this By-Law.”; and


Item 3: Replace Section III-I, D.(iii)a. in its entirety as follows: “This subsection (iii) shall not apply to and shall not prohibit the conforming use of a building or structure that would be a lawful nonconforming building or structure if it had not been deemed discontinued or abandoned hereunder as a Single-Family Dwelling (including Accessory Buildings) or a Two-Family Dwelling (including Accessory Buildings), provided, however, that the building or structure shall not be eligible for the exemption under Section III-I, 2., B. and any alteration, reconstruction, addition, extension, or structural change to the building or structure shall conform to the applicable setback requirements under Section IV-A.”


or act on anything related thereto?

(Inserted at the request of the Planning Board)