Current Articles

Proposed Warrant Articles for 2020 Town Meeting (as of 3/10/2020)

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    Disbursement of Electric Light Department Receipts
I    Building Department Revolving Fund
J    Department of Elder Services Revolving Fund
K    Transfer Funds to the Reserve Fund
L    Acceptance of Easements
M    Community Preservation Committee
N    Amendment to Council on Aging By-laws
P    Water: Modify Size of Citizens Advisory Board
Q    Water: Funding for Water Capital Improvements
R    Water: Local Acceptance of M.G.L. c. 40, § 42A through 42I
S    Additional Funds for Foster School Feasibility Study
U    COLA Adjustments for Retirees
V    IT Department Upgrades
X    Town-wide Facilities Study
Y    Acceptance of Solar PILOT agreement 1
Z    Acceptance of Solar PILOT agreement 2
AA    Citizen Petition: Tree Preservation By-Law
CC    Maintenance Facility for the South Shore Country Club
DD    Citizen Petition: Hingham Cemetery Expansion
GG    Discontinuance and Disposition of Portion of Old Derby Street
II    Transfer of Insurance Funds Related to High School Fire
JJ    Transfer of Insurance Funds Related to East School Flood
KK    Climate Action Planning
MM    Community Preservation Committee-Benjamin Lincoln House
NN    Public Safety Facility Feasibility & Design Funds
OO    Public Safety Facility Building Committee
PP    Senior Center Building Committee
QQ    Design Funds for Senior Center Renovations
AAA    Amend Zoning By-law: Lot Coverage
BBB    Amend Zoning By-law: Site Plan Review
CCC    Amend Zoning By-law: Downtown Overlay District
DDD    Amend Zoning By-law: Abandonment or Discontinuance of Nonconforming Single-family & Two-family Dwellings
EEE    Amend Zoning By-law: Update Floodplain Map References

 

     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; Cleaner, Greener Hingham; 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; Master Plan Committee; Memorial Bell Tower Committee; Open Space Acquisition Committee; Scholarship Fund Committee; 2017 School Building Committee; Wastewater Master Planning Committee; Water Supply Committee; and Water Transition and Evaluation 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 appointed under the Classification and Salary Plan, 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, 2020, 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 2021 tax rate, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE H:  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, 2020, 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 I:  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 2021, 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 Elder Services Revolving Fund, established under Article 16 of the General By-laws, to $80,000.00 during Fiscal Year 2021, or act on anything relating thereto?

  (Inserted at the request of the Council on Aging)


       ARTICLE K:  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 2020, or act on anything relating thereto?

  (Inserted by the Board of Selectmen)


      ARTICLE L:  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 M:  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 to be used by the Hingham Affordable Housing Trust for the HAHT Opportunity Fund; 
  • Appropriate a sum of money from the Community Preservation Historic Preservation Reserve and from the Community Preservation General Fund to be used by the Hingham Historical Society to help purchase — in order to repurpose as a museum — the Benjamin Lincoln House located at 181 North Street, Map 61/Lot 12;
  • Appropriate a sum of money from the Community Preservation General Fund to be used by the Hingham Recreation Commission to repair the tennis courts at Plymouth River School located at 0 High Street, Map 124/Lot 43;
  • Appropriate a sum of money from the Community Preservation General Fund to be used by the Hingham Conservation Commission to re-survey the property boundary of the Lehner Conservation Area, erect two way-finding kiosks, and mark with fence posts a boundary between the Lehner Conservation Area and a private property located at 0, 32, and 56  South Pleasant Street, Map 137/Lots 1, 18, & 21b;
  • Appropriate a sum of money from the Community Preservation General Fund to be used by the Hingham Historical Commission to clear the land and repair gravestones at the Canterbury Street Cemetery located at the intersection of Canterbury and Rockland Streets, Map 43, Lot 110;
  • Appropriate a sum of money from the Community Preservation General Fund to be used by the South Shore Country Club for the design and construction documents of a new pool to be located at 274 South Street, Map 70/Lot14; 
  • Appropriate a sum of money from the Community Preservation General Fund to be used by the Congregation of Second Parish to restore the tower clocks located at 685 Main Street, Map 126/Lot 47.

or act on anything relating thereto?

(Inserted at the request of the Community Preservation Committee) 


     ARTICLE N:  Will the Town vote to amend Section 16 of the General By-laws of the Town, adopted March 13, 1939, as heretofore amended, as follows:


By deleting the first sentence of Section 4 of Article 16 and replacing it with the following sentence:


The Council on Aging at its annual meeting to be held at a date, time and place as determined by the Council shall elect from its membership a Chair, Vice Chair and Secretary. 


And by deleting Section 5 of Article 16 and replacing it with the following:


Section 5 - The Council shall submit an annual report of its activities to the Town and shall send a copy thereof to the Executive Office of Elder Affairs.


or act on anything relating thereto?

(Inserted at the request of the Council on Aging)

 

     ARTICLE P:   Will the Town vote to alter the composition of the Citizens Advisory Board as previously established under Article 11 of the 2019 Annual Town Meeting by increasing the total number of members from five to six and by increasing the number of members nominated by the Town of Hull Board of Selectmen from one to two members, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE Q:   Will the Town of Hingham vote to raise and appropriate, borrow or transfer from available funds, an amount not in excess of $2,700,000 to pay costs of designing, engineering, constructing, reconstructing, repairing, and improving the Weir River Water System, including the payment of all costs incidental and related thereto, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE R:   Will the Town accept Chapter 40, Section 42A through 42I of the Massachusetts General Laws so as to permit the addition of unpaid water charges to the real estate tax where the charges will be subject to the same interest rates and collection procedures as the taxes to which they are added, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE S:  Will the Town vote to appropriate, borrow or transfer from available funds, a supplemental  amount of money (in addition to those funds appropriated under Article 20 of the 2017 Town of Hingham Annual Town Meeting) to be expended under the direction of the 2017 School Building Committee for a feasibility study for Foster Elementary School located at 55 Downer Ave (Assessor’s Map ID 38/0/1), for which feasibility study the Town may be eligible for a grant from the Massachusetts School Building Authority.  The MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in connection with the feasibility study in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town, or act on anything relating thereto. 

(Inserted at the request of the School Committee)

 

     ARTICLE U:  Will the Town accept the provisions of Chapter 32, Section 103 (j), so as to increase the maximum base on which the COLA (Cost-of-Living Adjustment) is calculated to $14,000, or act on anything relating thereto?

(Inserted at the request of the Hingham Retirement Board)


     ARTICLE V:  Will the Town raise and appropriate, borrow or transfer from available funds, a sum of money to be expended by the Board of Selectmen to be used for the design, engineering services, and renovation of the Town Hall data center, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE X:  Will the Town raise and appropriate, borrow or transfer from available funds, a sum of money to be expended by the Board of Selectmen to fund an independent review of existing municipal and school facilities, which would include an analysis of space and service demands and deficiencies and provide a summary report detailing findings and providing options, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE Y:  Will the Town approve an Agreement for Payment In Lieu of Taxes beginning in Fiscal Year 2020 by and between TGC III MA Portfolio Operating, LLC (as assigned to TGC III MA Portfolio Operating 1, LLC) and the Town of Hingham for the solar project located at the MBTA Nantasket Junction Station, 190 Summer Street, Hingham, MA, or act on anything relating thereto?

(Inserted by the Board of Selectmen)

 

     ARTICLE Z:  Will the Town approve an Agreement for Payment In Lieu of Taxes beginning in Fiscal Year 2020 by and between TGC III MA Portfolio Operating, LLC (as assigned to TGC III MA Portfolio Operating 1, LLC) and the Town of Hingham for the solar project located at the MBTA West Hingham Station, 20 Fort Hill Road, Hingham, MA, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


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


TREE PRESERVATION BY-LAW


PURPOSE


The intent of the Tree Preservation By-law is to encourage the preservation and protection of trees by designating specific activities during which trees must be protected, and requiring mitigation for trees removed via replanting or collection of fees to support the Town’s tree planting and maintenance efforts.


DEFINITIONS


For the purposes of this Tree Preservation By-law, the following definitions shall apply:


Caliper: Diameter of a nursery tree trunk (in inches) as measured twelve (12) inches above the existing grade at the base of the tree.


Certified Arborist: A professional arborist possessing current certification issued by the International Society of Arboriculture (I.S.A.) and/or the Massachusetts Arborist Association (M.A.A.).

 

Diameter at Breast Height (DBH): The diameter of a tree trunk four and one-half (4.5) feet above the existing grade at the base of the tree. If a tree splits into multiple trunks below four and one-half (4.5) feet above the existing grade, the DBH shall be considered to be the measurement taken at the narrowest point beneath the split.


 Invasive Species: Any plant listed on the most recent version of the Massachusetts Prohibited Plant List as published by the Massachusetts Department of Agriculture.

 

Non-Exempt Lot: Any parcel of land within the Town not owned by the Town, the commonwealth, or any independent authority of the commonwealth, or by the federal government.


Overstory Tree: A tree which will generally reach a mature height of greater than 40 feet.

 

Protected Tree: Any existing tree with a DBH of six (6) inches or greater that has any portion of its trunk within a Non-Exempt Lot. Invasive Species (as defined herein) shall not be considered Protected Trees.

 

Reviewing Agent: Any agent(s) appointed in writing by the Select Board to review Tree Protection & Mitigation Plans. In the absence of any appointed agent, the Reviewing Agent shall refer to the Tree Warden. When appointing any Reviewing Agent, the Select Board shall be satisfied that the person has sufficient knowledge to perform the duties of the Reviewing Agent provided herein.


Rules and Regulations: The rules and regulations hereinafter promulgated by the Select Board as contemplated by Section 7 hereof.


Select Board: The governing body constituted by Article 5A of the Town of Hingham General By-laws.

 

Setback Area: The minimum front, side and rear yard setback area of a parcel in a residential zoning district as specified in Zoning By-law IV-A Schedule of Dimensional Requirements.


Tree Fund: An account established pursuant to (M.G.L. 44 § 53E½) for the deposit of contributions in lieu of tree replanting as required by this Tree Preservation By-law.


Tree Protection & Mitigation Plan: A plan submitted to the Reviewing Agent for approval prior to the commencement of demolition and/or construction on a property on which a Protected Tree is located, meeting the requirements set forth in Section 5.4.

 

Tree Removal: Mechanical demolition of a living tree, or any act (a) that has caused a tree to die within the previous 12 months or (b) is likely to cause significant decline or death as determined by the Reviewing Agent.

 

Tree Save Area: The area surrounding all Protected Trees sufficiently large to ensure the health of the Protected Tree(s), including their trunks, crowns, and root systems.


Tree Warden: The commissioner responsible for the care and maintenance of trees and parks for the Town’s Department of Public Works.


TOWN OF HINGHAM TREE FUND


There is hereby established a Town of Hingham Tree Fund pursuant to M.G.L. 44 § 53E½. Any contributions collected per Section 5.2(b) of this Tree Preservation By-law shall be deposited in the Tree Fund. The Tree Fund shall be used solely for the purposes of buying, planting and maintaining trees within residential neighborhoods in the Town or on Town-owned property, and enforcing the provisions of the Tree Preservation By-law, including to the extent reasonably necessary, hiring personnel to administer and enforce the Tree Preservation By-law.


SCOPE AND APPLICABILITY


Non-Exempt Lots Applicability: It is prohibited to remove a Protected Tree during  construction or within 18 months prior to application for a demolition or building permit for: (a) Demolition of an existing structure of 250 gross square feet or greater; (b) Construction of any building or structure on a vacant lot; or (c) Construction of one or more structures or additions to structures on a lot that increases the total footprint of all structures by 20% or greater, without compliance with this bylaw.


Exemptions: The requirements of this Tree Preservation By-law shall not apply to: (a) Those areas of property under the jurisdiction of the Wetlands Protection Act (Chapter 131 and 310 CMR); (b) Public Shade Trees pursuant to M.G.L. Chapter 87; (c) Emergency projects necessary for public safety, health and welfare, as determined by the Reviewing Agent or the Town Tree Warden; (d) Trees severely damaged as the direct result of a natural disaster, Trees that are hazardous, or Trees currently infected by a disease or insect infestation of a permanent nature, in each case, as determined and confirmed in writing by a Certified Arborist.


Notice for tree removal: No person shall remove a tree on a Non-Exempt Lot without first providing notice of removal to the Tree Warden. Notices shall be made in writing on forms specified by the Tree Warden and shall not require the payment of any fee. The notice shall set forth the DBH and species of each tree to be removed. If the tree removed would be exempt from the provisions of the Tree Preservation Bylaw pursuant to Section 4.2(c) or Section 4.2(d), the notice may be signed by a Certified Arborist confirming the condition of the tree to be removed. Obtaining certification by a Certified Arborist shall be at the sole discretion and expense of the owner of the Non-Exempt Lot; provided, however, if the notice is not so certified, the Tree Warden shall be entitled to presume that the tree qualified as a Protected Tree. The Tree Warden shall maintain the information contained in all such notices for a minimum period of eighteen (18) months from the date of such receipt, and shall share such information with the Reviewing Agent in the event a Tree Protection & Mitigation Plan is submitted by the owner of the property within eighteen (18) months of the date the notice of tree removal was provided.


TREE PROTECTION & MITIGATION


Protection: Each Protected Tree located within the Setback Area to be retained on property planned for demolition and/or construction activity shall be protected by the establishment of a fenced off Tree Save Area. The Tree Save Area shall be delineated within the submitted Tree Protection & Mitigation Plan, shall be installed prior to any demolition or site work, and shall remain in place until work is completed on the property, excluding final landscaping. The applicant shall submit written documentation, prepared, dated and signed by a Certified Arborist, to the Reviewing Agent confirming that the required Tree Save Area has been installed as identified in the Tree Protection & Mitigation Plan before work on the property commences.


Mitigation: The removal of a Protected Tree(s) from a property in connection with one or more of the circumstances set forth in Section 4.1 shall require mitigation based upon aggregate DBH of Protected Tree(s) removed. Mitigation shall be achieved by satisfying one or a combination of the following provisions:


Mitigation by Replanting of Trees: For each inch of DBH of the Protected Tree(s) removed, no less than one-half inch of caliper of new tree(s) shall be replanted in accordance with the following:


Each new tree must: (i) have a minimum caliper of three (3) inches, (ii) be a nursery quality tree, (iii) have a minimum of Zone 6 hardiness, (iv) be native to the region, and not be an Invasive Species, and (v) be an Overstory Tree species if the Protected Tree(s) being removed are an Overstory Tree species.


Such replanting, either on the applicant’s land or on land abutting the applicant’s land with the express written approval of the owner of such abutting land, shall occur at such spacing as is reasonably acceptable to the Tree Warden, and shall occur prior to the issuance of a Final Certificate of Occupancy, or be otherwise assured at such time to the satisfaction of the Reviewing Agent in a manner consistent with the Rules and Regulations.


Contribution to the Town of Hingham Tree Preservation Fund in lieu of Mitigation:


For each inch of DBH of the Protected Tree(s) removed, and not mitigated in accordance with Section 5.2.1, the owner of the Property shall make a contribution to the Tree Fund in an amount calculated in accordance with Schedule A-1 based on the aggregate DBH of all Protected Tree(s) to be removed and not mitigated by replanting.

Upon application to the Select Board by the owner of a Non-Exempt Lot situated in a zoning district, other than a residential district, as specified in the Town’s Zoning By-law, the Select Board may, after public hearing, apply the reduced contribution schedule set forth in Schedule A-2, where the Select Board determines that the construction and Tree Removal serves the interest of the community and the reasons therefore are memorialized by the Select Board.

Tree Fund contributions shall be received by the Town prior to the issuance of all applicable permits.

The Select Board may, from time to time, increase the contribution schedule set forth in Schedules A-1 and A-2 after public hearing. Decreases or other amendments to Schedules A-1 or A-2 shall be approved at an Annual or Special Town Meeting.


Mitigation measures, whether by replanting or through contributions to the Tree Preservation Fund, shall be identified in the submitted Tree Protection and Mitigation Plan. The removal or proposed removal of a Protected Tree(s) that has been mitigated for, in conjunction with a previous applicable permit, shall not require additional mitigation under subsequent permits, unless such mitigation has not been completed or otherwise assured.


Unauthorized Removals: The removal of any Protected Tree not identified on the Tree Protection & Mitigation Plan shall require mitigation at the rate specified in Section 5.2. In addition, any person removing any Protected Tree not identified on the Tree Protection & Mitigation Plan in violation of this By-law shall be subject to a non-criminal disposition fine under M.G.L. Chapter 40, §21D as set forth in Section 6 below. Any such fines shall be paid to the Tree Preservation Fund.


Plan Review and Permit Issuance: Prior to the issuance of a permit in connection with one or more of the circumstances set forth in Section 4.1 on property on which a Protected Tree is located or was located within eighteen (18) months prior to application, the owner of the property shall submit a Tree Protection & Mitigation Plan to the Reviewing Agent along with the applicable application and fee as set forth in the Rules and Regulations. The Tree Protection & Mitigation Plan shall be a to-scale survey or site plan, along with any accompanying documentation and required certifications, that indicates the following:


The shape and dimensions of the parcel of real property to be developed, together with the existing and proposed locations of structures and improvements, if any;


A tree plan showing the location, type and size of each protected tree indicating which protected tree(s) are to be removed, and the location, type and size of replacement trees;


The proposed relocation of any existing protected tree with a statement prepared by a Certified Arborist explaining how each such protected tree is to be relocated and maintained;


The location of existing and proposed underground or overhead utility services, existing and proposed roadways, bikeways, walkways and parking areas;


Any proposed grade changes which might adversely affect or endanger any protected tree with a statement prepared by a Certified Arborist explaining how each such protected tree shall be protected and maintained;


The proposed method of protecting the remaining protected trees during the course of the construction;


The amount to be contributed to the Tree Fund to mitigate the removal of a Protected Tree(s), if applicable;


An affidavit executed by the owner(s) of the property under penalty of law of any Protected Trees removed from the Non-Exempt Lot during the previous 18 months. If the owner(s) did not own the Non-Exempt Lot for the entire 18-month period, such affidavit may be made to the knowledge of the owner; and


Such other information as may be required by the Rules and Regulations.


Re-Submission: If demolition or construction has not commenced within twelve (12) months of the date that a Tree Protection & Mitigation Plan was submitted for a property, or if removal of a previously unidentified Protected Tree is necessary during the course of construction, an amended Tree Protection & Mitigation Plan shall be submitted identifying any changes from the previous plan and associated mitigation measures.


Reviewing Agent Action: If the Tree Protection & Mitigation Plan is consistent with the protection and mitigation requirements contained herein and any established Rules and Regulations, and applicable Tree Fund contributions have been submitted, the Reviewing Agent shall notify the appropriate Town Department. If the proposal does not meet or satisfy these requirements, the Reviewing Agent shall notify the applicant and the appropriate Town Department that all applicable permits shall not be issued until the requirements are met. If the Reviewing Agent fails to act on an application within sixty (60) days after the application has been made, it shall be deemed to be approved.


Maintenance of Protected and Replanted Trees:


Protected Trees: Each Protected Tree retained shall be maintained in good health for a period of no less than twenty-four (24) months from the date of Final Inspection, or issuance of a Certificate of Occupancy if applicable. Should such tree die or significantly decline in the opinion of the Tree Warden within this twenty-four (24) month period, the owner of the property shall be required to provide mitigation consistent with the requirements for the removal of a Protected Tree as contained herein within nine (9) months from said determination.


Replanted Trees: All new trees planted to mitigate the removal of Protected Tree(s) shall be maintained in good health for a period of no less than twenty-four (24) months from the date of planting. Should such tree die within this twenty-four (24) month period, the owner of the property shall be responsible for replacing the tree with a tree equal to or greater than the size of the original Replanted Tree at installation; such replacement tree shall be planted within nine (9) months of the death or serious decline of the original Replanted Tree.


ADMINISTRATION AND ENFORCEMENT


Enforcement: The administration and enforcement of this Tree Preservation By-law is the responsibility of the Tree Warden.


Non-Criminal Disposition: 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 M.G.L. Chapter 40, Section 21D and the Town of Hingham non-criminal disposition By-law.


Fines: The following penalties shall apply:


First violation:

$100 fine

Second violation:

$200 fine

Third and subsequent violations:

$300 fine


Such fines shall be in addition to any required mitigation or contribution to the Tree Fund.  Each day a violation continues constitutes a separate violation. A violator shall not be penalized for more than one violation per day.


Appeals: Any person who has been aggrieved by refusal, order, or decision of the Reviewing Agent, or Tree Warden, may appeal to the Zoning Board of Appeals within 20 days from the date of such refusal, order, or decision.


RULES AND REGULATIONS


The Select Board may promulgate or amend Rules and Regulations which pertain to the administration of this Tree Preservation By-law, and shall file a copy of said rules in the office of the Town Clerk. Such Rules and Regulations may prescribe the size, form, additional contents, style, and number of copies of plans and specifications, the procedure for the submission and approval of such plans, and the procedure for determining final compliance with these regulations. The adoption or amendment of Rules and Regulations shall be after a public hearing to receive comments on the proposed or amended Rules and Regulations. The public hearing shall be advertised once in a newspaper of general local circulation, at least 14 days prior to the date of the public hearing.


SEVERABILITY CLAUSE


If any provision of this By-law is declared unconstitutional or illegal by final judgment, order or decree of the Supreme Judicial Court of the Commonwealth, the validity of the remaining provisions of this By-law shall not be affected thereby.


Nothing in this By-law shall be construed to restrict, amend, repeal, or otherwise limit the application or enforcement of existing Town of Hingham By-laws, including Town of Hingham Rules and Regulations Governing the Subdivision of Land, or laws of the Commonwealth of Massachusetts.

 

Schedule A-1

Default Contribution Rate Schedule


Aggregate of DBH of Protected Tree(s) Removed and not mitigated is:

Contribution Rate Per Inch

Calculation Example

No more than 25"

$150 per inch

Aggregate of DBH of Protected Tree(s) Removed and not mitigated is 10”:

10 x $150 = $1,500 contribution

Greater than 25" but no more than 50"

$150 per inch 1"-25"

$250 per inch 26"-50"

Aggregate of DBH of Protected Tree(s) Removed and not mitigated is 30”:

(25 x $150) + (5 x $250) = $5,000 contribution

Greater than 50" but no more than 75"

$150 per inch 1"-25"

$250 per inch 26"-50"

$350 per inch 51"-75"

Aggregate of DBH of Protected Tree(s) Removed and not mitigated is 55”:

(25 x $150) + (25 x $250) + (5 x $350) = $11,750 contribution

Greater than 75"

$150 per inch 1"-25"

$250 per inch 26"-50"

$350 per inch 51"-75"

$400 per inch thereafter

Aggregate of DBH of Protected Tree(s) Removed and not mitigated is = 100”:

(25 x $150) + (25 x $250) + (25 x $350) + (25 x $400) = $28,750 contribution


 

Schedule A-2

Non-Residential with Finding of Community Benefit Contribution Rate Schedule


Aggregate of DBH of Protected Tree(s) Removed and not mitigated is:

Contribution Rate Per Inch

Calculation Example

No more than 25"

$150 per inch

Aggregate of DBH of Protected Tree(s) Removed and not mitigated is 10”:

10 x $150 = $1,500 contribution

Greater than 25" but no more than 50"

$150 per inch 1"-25"

$250 per inch 26"-50"

Aggregate of DBH of Protected Tree(s) Removed and not mitigated is 30”:

(25 x $150) + (5 x $250) = $5,000 contribution

Greater than 50"

$150 per inch 1"-25"

$250 per inch 26"-50"

$300 per inch thereafter

Aggregate of DBH of Protected Tree(s) Removed and not mitigated is 100”:

(25 x $150) + (25 x $250) + (50 x $300) = $25,000 contribution


(Inserted at the request of Priya Howell)

ARTICLE CC: Will the Town raise and appropriate, borrow, or transfer from available funds a sum of money in the amount of $2,200,000 for the design and construction of a new maintenance facility 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 DD:  Will the Town grant The Hingham Cemetery Corporation permission to use for burial an approximately 2,470 square foot parcel of land abutting existing land of The Hingham Cemetery Corporation at the rear of the property at 24 South Street shown as Assessors Map 61, Lot 129, subject to the approval of the Board of Health of the town, as required by Section 34 of Chapter 114 of the Massachusetts General Laws, or act on anything relating thereto?

(Inserted at the request of John Davenport)


     ARTICLE GG: Will the Town, (1) pursuant to M.G.L. Chapter 82, Section 21, discontinue all or portions of that portion of the public way known as Old Derby Street as shown on a plan entitled “Old Derby Street Partial Discontinuance Plan”, Progress Print, dated January 16, 2020, prepared by CHA Companies (the “Plan”), such portions being shown on the Plan as (a) “Portion A of 1929 Old Derby Street Town Layout #2604 To Be Discontinued” containing 5,501 square feet, and (b) “Portion B of 1929 Old Derby Street Town Layout #2604 To Be Discontinued” containing 3,445 square feet and (2) authorize, but not require, the Board of Selectmen, pursuant and subject to M.G.L. Chapter 40, Sections 3, 15 and 15A, as applicable, and Article 5, Section 4A of the Town of Hingham General Bylaws, to dispose of all or any portion of said Portion A and said Portion B as shown on the Plan, for a minimum of $1.00 and on such other terms and conditions as the Board of Selectmen deem in the best interests of the Town, for any use permitted or allowed in the Industrial Park Zoning District, or act on anything relating thereto?
(Inserted by the Board of Selectmen)


     ARTICLE II:  Will the Town transfer a sum of money from the Receipts Reserved for Appropriation Fund:  Insurance Recovery in Excess of $150,000 for use by the School Department, or act on anything relating thereto?

(Inserted at the request of the School Committee)


     ARTICLE JJ:  Will the Town transfer a sum of money from the Receipts Reserved for Appropriation Fund:  Insurance Recovery in Excess of $150,000 for use by the School Department, or act on anything relating thereto?

(Inserted at the request of the School Committee)


     ARTICLE KK:  Will the Town, in recognition of the impacts that a changing climate can have on a coastal community like Hingham, vote to create a climate action plan with the goals of reducing greenhouse gas emissions within all of Hingham by 80% to 100% on or before 2050?  In creating such a plan, will the Town vote to create a Climate Action Planning Committee, with such committee consisting of 11 members determined as follows: one member of the Energy Action Committee, who shall serve as Chairman of the Climate Action Planning Committee; three members of the Board of Selectmen or its designees; one member of the School Committee or its designee;  one member of the Hingham Municipal Light Plant; one member of the Planning Board or its designee; and four residents, two selected by the Board of Selectmen and two selected by the Moderator?

(Inserted at the Request of the Energy Action Committee)

 

     ARTILCE MM:  Will the Town appropriate the sum of $772,000, as recommended by the Community Preservation Committee, to be used by the Hingham Historical Society to help purchase the Benjamin Lincoln House located at 181 North Street, Map 61/Lot 12, in order to repurpose the property as a museum, and to meet such appropriation by a) expending $42,313 from the Community Preservation Historic Preservation Reserve and $234,356 from the Community Preservation General Fund and b) authorizing the Town Treasurer, with the approval of the Board of Selectmen, to borrow $495,331, together with the costs of borrowing, under Massachusetts General Laws chapter 44, section 7, or any other enabling authority and to issue bonds or notes of the Town therefor, or act on anything relating thereto.

(Inserted at the request of the Community Preservation Committee)


     ARTICLE NN:  Will the Town vote to raise and appropriate, borrow or transfer from available funds a sum of money for the purpose of determining the feasibility of locating a new Public Safety Facility, and for the conceptual design thereof, to be located on the property known as 335 Lincoln Street, Hingham, MA, or elsewhere, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE OO.  Will the Town vote to establish a Public Safety Facility Building Committee for the purpose of overseeing the determination regarding the feasibility of locating a new Public Safety Facility, and for the conceptual design, final design, engineering and construction thereof, to be located on the property known as 335 Lincoln Street, Hingham, MA, or elsewhere, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE PP.  Will the Town vote to establish a Senior Center Building Committee for the purpose of overseeing the design, engineering and renovation of the Senior Center and the space currently occupied by the Police Department located at 224 Central Street, Hingham, MA, or act on anything relating thereto?

(Inserted by the Board of Selectmen)


     ARTICLE QQ:  Will the Town raise and appropriate, borrow or transfer from available funds, a sum of money to be expended by the Board of Selectmen to be used for any expenses related to design and engineering services for renovations to the Senior Center and the space currently occupied by the Police Department in Town Hall or act on anything relating thereto?

(Inserted by the Board of Selectmen)

 

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


Item 1: By amending Section IV-A Schedule of Dimensional Requirements: Residential District A to insert “25%” in maximum percentage which may be covered by all buildings;


Item 2: By amending Section IV-A Schedule of Dimensional Requirements: Residential District B to insert “20%” in maximum percentage which may be covered by all buildings;


Item 3: By amending Section IV-A Schedule of Dimensional Requirements: Residential District C to insert “20%” in maximum percentage which may be covered by all buildings;


Item 4: By amending Section IV-A Schedule of Dimensional Requirements: Residential District E to insert “20%” in maximum percentage which may be covered by all buildings;


Item 5: By amending Section IV-B.2 to insert “The maximum hardscape lot coverage percentage shall be 10% in Residence Districts A, B, C, D and E.” at the end of the existing text;


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 I-I.a by deleting “I-I.6” and inserting “I-I.4” from the first sentence;


Item 2:  By amending Section I-I.b by deleting the first word “in” and inserting “In”; 


Item 3: By amending Section I-I.8.a to insert “For all projects requiring erosion control installation or any clearing” at the start of the first sentence;


Item 4:  By amending Section IV-B.6.b. to delete the existing text and insert “all projects that 1) create a land disturbance or an alteration of drainage patterns over an area greater than 5,000 square feet; or 2) create a land disturbance of more than 1,000 square feet in areas with slopes greater than 10%”;


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:  By amending Section III-G.4.c.iii by deleting the word “become” and inserting the word “becoming”;


Item 2:  By amending Section III-G.6.b.ii to delete “street level story” and insert “ground floor”;

Item 3:  By amending Section III-G.6.c.i to delete the existing text in its entirety and insert “A commercial use shall be located at the ground floor facing the street(s) on which the parcel has frontage or facing the Station Street parking lot.  The commercial use must include not less than 80% of the linear width of the structure facing the street and must comprise not less than 80% of the footprint of the structure.”;


Item 4:  By amending Section III-G.6.c.ii to insert the following language at the start of the section “Dwelling units shall be located above ground floor.  No dwelling units shall be permitted below the ground floor. In the event of a building with multiple ground floors the residential use shall be above the higher of the two ground floors”;


Item 5:  By amending Section III-G.7.a.vi. to delete “ground level” and insert “ground floor”;


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: Amend Section III-I,1.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,1.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  or a Two-Family Dwelling, provided, however, that any alteration, reconstruction, addition, extension, or structural change to the building or structure shall (i) maintain or improve the dimensional conditions that were once nonconforming until abandoned or discontinued and (ii) any addition or extension to the building or structure conforms to the applicable height and yard dimensions under Section IV-A.” and


Item 3: Insert after Section III-I,1.D.(iii)b. the following: “Nonconforming conditions reestablished pursuant to the above exceptions shall no longer be considered nonconforming once a building permit or special permit has issued.”


or act on anything related thereto?

(Inserted at the request of the Zoning Board of Appeals)


     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 III-C, 1 by deleting the following text: "25023C0018J, 25023C0019J, 25023C0038J, 25023C0081J, 25023C0082J, 25023C0083J, 25023C0084J, 25023C0091J, 25023C0092J, 25023C0101J, 25023C0102J, 25023C0103J, 25023C0104J, and 25023C0111J, dated July 17, 2012, and” and inserting the following text: “25023C0016J, 25025C0017J, 25023C0018J, 25023C0019J, 25023C0038J, 25023C0081J, 25023C0082J, 25023C0083J, 25023C0084J, and 25023C0102J, dated July 17, 2012, and 25023C0091K, 25023C0092K, 25023C0101K, 25023C0103K, 25023C0104K, and 25023C0111K, dated July 22, 2020,”; and

Item 2:  By replacing the current map "Zoning Part B: Floodplain Protection Overlay District" with an updated map with the same title that (1) shows the updated floodplain information on the following panels: 25023C0091K, 25023C0092K, 25023C0101K, 25023C0103K, 25023C0104K, and 25023C0111K, (2) replaces the date with April 2020, and (3) in the footnote, replaces the phrase “Flood zone designations are based on 2012 Flood Insurance Rate Maps”, with the phrase “Flood zone designations are based on 2012 and 2020 Flood Insurance Rate Maps”;


or act on anything relating thereto? 

(Inserted by the Board of Selectmen)