|
Town Government & |
Departments: Town Clerk
210 Central Street Important Links : Town By-Laws (PDF, 408k) viewable with Adobe Acrobat Reader® software. Available free from the Adobe® website.
Annual Town Meeting Articles, April 23, 2007 Click on the article number to read the full text of the article.
ARTICLE 26. Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, in the "Zoning Map, Part A, Town of Hingham", both as heretofore amended, as follows: RECOMMENDED: That the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, in the "Zoning Map, Part A, Town of Hingham", both as heretofore amended, as follows: ARTICLE 27. Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows: At Section VI, Definitions, delete the existing definition of structure in its entirety, and replace therefor with the following: "STRUCTURE: anything constructed or erected at a fixed location on the ground to give support, provide shelter, or satisfy other purposes, but excluding a fence or wall six (6) feet or less in height, a sign, a flagpole, and a public utility pole. In residential districts, "structure" shall further exclude one detached accessory building per lot, provided that said accessory building does not exceed sixty-four (64) square feet in ground coverage and nine (9) feet in height, and further provided that said accessory building is located to the rear of the dwelling and no closer than five (5) feet from the side or rear lot line. In residential districts, and for any lot that abuts a residential district, "structure" shall include, without limitation, mechanized or motorized equipment that is placed or installed at a fixed location on the ground, or at a fixed location on a pad, platform or foundation that itself is on or in the ground, which equipment is used to ventilate, heat or cool a building or structure, or to heat or filter water, unless such equipment is fully enclosed in an accessory building that is permitted under this By-Law." COMMENT: The Zoning Permit Study Committee (ZPSC) established at the 2006 Annual Town meeting in collaboration with the Planning Board has put forth this article in order to amend the definition of "structure" in Section VI of the Zoning By-Law (Definitions). Under the new definition mechanical equipment which services a building or structure, such as air handling units will be considered structures. The goal of this article is to better protect abutting properties by requiring that such equipment complies with setback requirements. The Planning Board voted unanimously to recommend favorable action on this article. At Section VI, Definitions, delete the existing definition of structure in its entirety, and replace therefor with the following: "STRUCTURE: anything constructed or erected at a fixed location on the ground to give support, provide shelter, or satisfy other purposes, but excluding a fence or wall six (6) feet or less in height, a sign, a flagpole, and a public utility pole. In residential districts, "structure" shall further exclude one detached accessory building per lot, provided that said accessory building does not exceed sixty-four (64) square feet in ground coverage and nine (9) feet in height, and further provided that said accessory building is located to the rear of the dwelling and no closer than five (5) feet from the side or rear lot line. In residential districts, and for any lot that abuts a residential district, "structure" shall include, without limitation, mechanized or motorized equipment that is placed or installed at a fixed location on the ground, or at a fixed location on a pad, platform or foundation that itself is on or in the ground, which equipment is used to ventilate, heat or cool a building or structure, or to heat or filter water, unless such equipment is fully enclosed in an accessory building that is permitted under this By-Law." ARTICLE 28. Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows: At Section I-C, Enforcement, delete subsection 3 in its entirety, and replace therefor with the following: In the alternative, any person who violates the provisions of this By-Law, or who refuses or neglects to comply with a stop work order or notice of violation by the Zoning Enforcement Officer issued under the provisions of M.G.L. Chapter 40A or the provisions of this By-Law, shall be subject to the enforcement provisions of M.G.L. Chapter 40A, including a fine of $100. Each day that a violation exists shall be deemed to be a separate offense. Nothing in this section shall prohibit the Zoning Enforcement Officer from seeking injunctive relief as a remedy in accordance with M.G.L. Chapter 40A, Section 7." COMMENT: The current remedy for most Zoning By-Law violations, as specified in the By-Law, is a fine of up to $100.00, processed by the courts as a criminal proceeding. The Building Commissioner, acting in the capacity of Zoning Enforcement Officer, has had difficulty securing the administrative cooperation of the District Court in assessing and collecting such fines, apparently due largely to the backlog of more serious criminal proceedings at the District Court level. This amendment would give the Zoning Enforcement Officer the option, at his discretion, to assess penalties of $100.00 for all Zoning By-Law violations through a civil, non-criminal process (this non-criminal avenue of enforcement is currently limited to sign by-law violations), under the provisions of Massachusetts General Laws (M.G.L.) Chapter 40, Section 21D, thus avoiding the criminal courts. In the event that the Zoning Enforcement Officer chose not to use this civil process, the option to enforce By-Law violations through the criminal process under M.G.L. Chapter 40A would still be retained as an alternative to the civil process. Providing the two alternative approaches to penalizing infractions of the By-Law gives the Town more flexibility in effectively enforcing the By-Law. The Planning Board voted unanimously to recommend favorable action on this article. RECOMMENDED: That the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows: At Section I-C, Enforcement, delete subsection 3 in its entirety, and replace therefor with the following: "The provisions of this By-Law may be enforced by the Zoning Enforcement Officer by non-criminal disposition pursuant to the provisions of M.G.L. Chapter 40, Section 21D. Any person who violates the provisions of this By-Law may be subject to a penalty of $100.00 if, after receiving written notice of the violation(s) from the Zoning Enforcement Officer, the person fails to correct the violation(s) within seven (7) days of receipt of such notice, or within such longer time as the Zoning Enforcement Officer may grant in appropriate circumstances. Each day that a violation exists shall be deemed to be a separate offense from and after delivery of such notice from the Zoning Enforcement Officer. In the alternative, any person who violates the provisions of this By-Law, or who refuses or neglects to comply with a stop work order or notice of violation by the Zoning Enforcement Officer issued under the provisions of M.G.L. Chapter 40A or the provisions of this By-Law, shall be subject to the enforcement provisions of M.G.L. Chapter 40A, including a fine of $100. Each day that a violation exists shall be deemed to be a separate offense. Nothing in this section shall prohibit the Zoning Enforcement Officer from seeking injunctive relief as a remedy in accordance with M.G.L. Chapter 40A, Section 7." ARTICLE 29. Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows: Item 1: At Section IV-D, 9 (Minimal Dimensional Requirements), replace sub-section "a" in its entirety with the following: Item 2: At Section IV-D, 9 (Minimum Dimensional Requirements), insert new subparagraphs "b" and "c" as follows: c. At least two (2) parking spaces per dwelling unit shall be provided in garages and/or dedicated driveways. At least 23 feet of depth from the edge of the sidewalk, or, if there is no sidewalk, from the paved roadway nearest the dwelling unit shall be provided for parking in driveways, and in no case shall driveway parking spaces extend beyond the actual lot line or Implied Front Lot Line as determined in subsection 9.b, above. In addition to the two parking spaces per dwelling unit required hereunder, dedicated guest parking spaces shall be required where building layouts or street design do not provide adequate on-street or off-street guest parking. The number of guest parking spaces required shall not exceed 10% of the total number of parking spaces required for the dwelling units in the development." Item 3: Re-letter existing subparagraph "b" to "d". Item 4: Re-letter existing sub-paragraph "c" to "e" and add the following sentence to the end: "Otherwise, all other provisions of this By-law and of Sections 4, 5 and 6 of the Planning Board Rules and Regulations shall apply to a Flexible Residential Development." Or act on anything related thereto? COMMENT: This article is intended to make dimensional regulations for Flexible Residential Developments more internally consistent and specific, particularly regarding required setbacks for condominium type developments. This article refines parking requirements to assure better requirements for guest parking. The Planning Board voted unanimously to recommend favorable action on this article. RECOMMENDED: That the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows: Item 1: At Section IV-D, 9 (Minimal Dimensional Requirements), replace sub-section "a" in its entirety with the following: Item 2: At Section IV-D, 9 (Minimum Dimensional Requirements), insert new subparagraphs "b" and "c" as follows: c. At least two (2) parking spaces per dwelling unit shall be provided in garages and/or dedicated driveways. At least 23 feet of depth from the edge of the sidewalk or, if there is no sidewalk, from the paved roadway nearest the dwelling unit shall be provided for parking in driveways, and in no case shall driveway parking spaces extend beyond the actual lot line or Implied Front Lot Line as determined in subsection 9.b, above. In addition to the two parking spaces per dwelling unit required hereunder, dedicated guest parking spaces shall be required where building layouts or street design do not provide adequate on-street or off-street guest parking. The number of guest parking spaces required shall not exceed 10% of the total number of parking spaces required for the dwelling units in the development." Item 4: Re-letter existing sub-paragraph "c" to "e" and add the following sentence to the end: "Otherwise, all other provisions of this By-law and of Sections 4, 5 and 6 of the Planning Board Rules and Regulations shall apply to a Flexible Residential Development." ARTICLE 30. Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows: Item 1: At Section V-A (1), add in the third sentence thereof, after the words "parking and traffic problems", the words "on-site or". Item 2: At Section V-A (2), Off-Street Parking Space Requirements, change the requirement for Marina from "1 space/berth" to "1 space per 2 berths". Item 3: At "Note b" to Section V-A (2), the reference to "Special Permit A2" is amended to read "Special Permit A3". Or act on anything related thereto? COMMENT: This article would reduce the amount of required off-street parking associated with berths at marinas and other similar waterfront facilities, from one parking space per berth to one parking space per two berths. This parking ratio is closer to the ratio more commonly found in marinas throughout the region, and the Planning Board has applied it in the past to major marina projects in Hingham, such as the Shipyard project. The Planning Board believes this ratio will provide adequate parking for marinas and other similar waterfront facilities. This article also includes minor clerical and "clean-up" type changes. The Planning Board voted unanimously to recommend favorable action on this article. RECOMMENDED: That the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows: Item 1: At Section V-A (1), add in the third sentence thereof, after the words "parking and traffic problems", the words "on-site or". Item 2: At Section V-A (2), Off-Street Parking Space Requirements, change the requirement for Marina from "1 space/berth" to "1 space per 2 berths". Item 3: At "Note b" to Section V-A (2), the reference to "Special Permit A2" is amended to read "Special Permit A3". ARTICLE 31. Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows: At Section IV-E, (Residential Multi-Unit Development), add at the end of subsection 1(i) the following: "In addition to the two parking spaces per dwelling unit required hereunder, dedicated guest parking spaces shall be required where building layouts or street design do not provide adequate on-street or off-street guest parking. The number of guest parking spaces required shall be determined during the Site Plan Review process and shall not exceed 10% of the total number of parking spaces required for the dwelling units in the development." COMMENT: This article would amend Section IV-E, Residential Multi-Unit Development, to explicitly require a limited amount of guest or visitor parking as needed and determined through the Site Plan Review process, should the design of the development not naturally accommodate such guest parking through on-street parking, longer driveways or the like. The Planning Board voted unanimously to recommend favorable action on this article. RECOMMENDED: That the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows: At Section IV-E, (Residential Multi-Unit Development), add at the end of subsection 1(i) the following: "In addition to the two parking spaces per dwelling unit required hereunder, dedicated guest parking spaces shall be required where building layouts or street design do not provide adequate on-street or off-street guest parking. The number of guest parking spaces required shall be determined during the Site Plan Review process and shall not exceed 10% of the total number of parking spaces required for the dwelling units in the development." ARTICLE 32. Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows: Amend III-H by deleting Section 6 and replacing therefor the following: Or act on anything related thereto? COMMENT: This article is proposed by the Zoning Permit Study Committee created by the 2006 Annual Town Meeting to address, among other matters, development concerns raised by residents in the Town. This article would modify Section III-H (6), which addresses non-conforming uses, by requiring a Special Permit A1 determination from the Zoning Board of Appeals (ZBA) in order to make alteration or additions to a non-conforming single or two family residential building whenever the alteration or addition increases the non-conformity (as, for example, extending a residential building wall that already encroaches into the setback). The ZBA determination would be made, pursuant to Massachusetts General Laws Chapter 40A, Section 6, that "the alteration of, addition to, extension of, or structural change to an existing non-conforming single or two-family residence or structure which increases the non-conformity of the building or structure" is not "substantially more detrimental than the existing non-conforming use to the neighborhood." This section of our Zoning By-Law has commonly been referred to as the "Hatfield Amendment." This amendment, which was put in place in 1984, currently allows alterations and additions to non-conforming single and two-family residential structures by right. . The adoption of the Hatfield Amendment created an exception to Massachusetts state law which otherwise prohibits all extensions of non-conforming structures. Most cities and towns in Massachusetts still prohibit such extensions. Of those that do allow it, most require a special permit. Hingham is one of only a few towns to allow the extension of non-conforming uses by right. Transcripts from the 1984 Annual Town Meeting show that the original intent of the Hatfield Amendment was to allow modest additions to small homes on small lots where conforming additions would be difficult. In response to concerns about overdevelopment on residential lots raised by voters at the 1984 Annual Town Meeting, a member of the Advisory Committee stated "no one is suggesting that structures are going to go as far as possible along the lot lines into just enormous, mammoth buildings." Given the changes since 1984 in the application of the Hatfield Amendment to additions beyond the amendment's original intent, this article, requiring a special permit process for non-conforming additions, would allow for the balancing of property rights between homeowners and their neighbors. This amendment would not prohibit or limit alterations to non-conforming properties. However, it would provide for a notification to abutters and a public hearing giving abutters, members of the community, and the ZBA an opportunity to review and comment on the proposed modifications. Where a resident seeks to expand the non-conforming use, the ZBA will be able to prohibit or limit such expansion only if it would be substantially more detrimental than the existing non-conforming use to the neighborhood. The Planning Board voted 3 to 1 in favor of this article. RECOMMENDATION: That the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows: ARTICLE 33. Will the Town amend the Zoning By-law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows: Item 1: At Section III-F, 2, delete the following: "Mass-American Water Company, 900 Main Street (Assessors Maps 147-8 and 158-36)" Item 2: At Section V-E (3), insert, after the definition of "Communication Equipment Shelter", the following language: A multiple antenna system including antennas and control boxes typically installed on utility poles interconnected via cable or fibers belonging to the access point/base station dispersed across a coverage area. The system shall be capable of co-locating multiple Personal Wireless Service providers simultaneously." Item 3: At Section V-E (3), strike the definition of "Existing Structure" in its entirety, and insert, after the definition of "FCC", the following language: "Host Structure and replace the term "Existing Structure" wherever it appears in Section V-E with the term "Host Structure". Item 4: Amend Section V-E (4) by adding the following language after the existing final paragraph: "In all zoning districts a DAS may be installed on non-residential Host Structures upon the issuance of a Special Permit A2 by the Board of Appeals. A Tower may be permitted in the locations specified in this By-Law only after it is found that a DAS cannot provide as adequate coverage or service as the proposed Tower. The Applicant must provide evidence that utilizing a DAS, or connecting into an existing DAS, will not provide such adequate coverage or service." Item 5: Amend Section V-E (5) by changing the cross-reference from "Section I-I" to "Section I-F, 3". Item 6: Replace Section V-E (7.b) in its entirety with the following language: "b. No new Tower shall be erected if there is technically suitable space available on an existing Tower, or capacity within a DAS, within the geographic area that the proposed Tower is to serve. The Applicant shall make reasonable accommodation and shall agree to rent or lease space on the Tower, under the terms of a fair-market lease, without discrimination to other Personal Wireless Service providers." Item 7: Amend Section V-E (8) as follows: Amend subsection "a" by adding at the end thereof: ", provided however, antennas installed on utility poles, signs or flag poles as part of a DAS shall not be required to be camouflaged." Add the following new subsections "c" and "d": "c. Antennas installed on utility poles, signs or flag poles as part of a DAS shall not exceed ten feet in height beyond the highest point of such utility pole, sign or flag pole. d. Unless an earlier expiration date is specified by the Board of Appeals in the special permit, all special permits for Distributed Antenna Systems shall expire automatically ten years from the date of issuance. Prior to expiration the Applicant may apply for successive ten-year renewals, subject to a public hearing process. In determining whether the special permit shall be renewed, the Board shall take into consideration whether there then exists any structures and/or technology available to the Applicant which would enable the Applicant to provide functionally-equivalent services in a less intrusive manner." And change the former subsection "c" to "e". Item 8: Amend Section V-E (10) by adding the following language after subsection i: "j. All unused Personal Wireless Service Facilities or parts thereof which have not been used for two years shall be dismantled and removed at the owner's expense. The Board of Appeals may require that the proper dismantling and removal be secured by a bond or other form of security sufficient in the opinion of the Board to secure performance under this subsection (j)." COMMENT: Section V-E of the By-Law regulates the provision of Personal Wireless Service facilities for the Town, and addresses such elements as towers, antennae, associated transmission wires and the like. The existing provisions of this Section V-E assume that sending and receiving signals of wireless devices would be accomplished primarily via large towers and by antennae concealed within structures such as cupolas and steeples. The location of large towers has sparked controversy in the past, and town officials have been concerned that more large towers could be proposed in the future, based on the lack of wireless service coverage in various parts of the Town. The proposed By-Law amendment is intended to allow and encourage the construction of a distributed antenna system (DAS) that would replace the need for additional large towers. This DAS would be installed primarily on utility poles, would be owned by the Hingham Municipal Light Plant, and would be made available, for rent, to wireless service providers. The amendment would require service providers to use the DAS in lieu of constructing a new tower, provided that capacity were available on the DAS, thereby minimizing the possibility of future towers in sensitive areas of the Town. Each DAS antenna assembly consists of a fiberglass antenna approximately 10 feet in length, plus an associated control box or boxes; if placed on utility poles along a roadway, the frequency of these assemblies would be approximately every ½ mile, or every 20 utility poles, though the layout of the DAS would be subject to final design requirements and to oversight by the Zoning Board of Appeals. The proposed amendment incorporates a provision to require removal of unused system components after a specified period of time, as is currently required for traditional towers; it also requires a periodic re-application for permission to maintain the DAS (after 10 years), in order to assure that the Town has the opportunity to take advantage of new technology that might develop over time. The DAS falls well within the safety standards established by the federal government for wireless service facilities. RECOMMENDED: That the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows: Item 1: At Section III-F, 2, delete the following: "Mass-American Water Company, 900 Main Street (Assessors' Maps 147-8 and 158-36)" Item 2: At Section V-E (3), insert, after the definition of "Communication Equipment Shelter", the following language: "Distributed Antenna System (DAS) Item 3: At Section V-E (3), strike the definition of "Existing Structure" in its entirety, and insert, after the definition of "FCC", the following language: and replace the term "Existing Structure" wherever it appears in Section V-E with the term "Host Structure". Item 4: Amend Section V-E (4) by adding the following language after the existing final paragraph: "In all zoning districts a DAS may be installed on non-residential Host Structures upon the issuance of a Special Permit A2 by the Board of Appeals. A Tower may be permitted in the locations specified in this By-Law only after it is found that a DAS cannot provide as adequate coverage or service as the proposed Tower. The Applicant must provide evidence that utilizing a DAS, or connecting into an existing DAS, will not provide such adequate coverage or service." Item 5: Amend Section V-E (5) by changing the cross-reference from "Section I-I" to "Section I-F, 3". Item 6: Replace Section V-E (7.b) in its entirety with the following language: "b. No new Tower shall be erected if there is technically suitable space available on an existing Tower, or capacity within a DAS, within the geographic area that the proposed Tower is to serve. The Applicant shall make reasonable accommodation and shall agree to rent or lease space on the Tower, under the terms of a fair-market lease, without discrimination to other Personal Wireless Service providers." Item 7: Amend Section V-E (8) as follows: Amend subsection "a" by adding at the end thereof: ", provided however, antennas installed on utility poles, signs or flag poles as part of a DAS shall not be required to be camouflaged." Add the following new subsections "c" and "d": "c. Antennas installed on utility poles, signs or flag poles as part of a DAS shall not exceed ten feet in height beyond the highest point of such utility pole, sign or flag pole. d. Unless an earlier expiration date is specified by the Board of Appeals in the special permit, all special permits for Distributed Antenna Systems shall expire automatically ten years from the date of issuance. Prior to expiration the Applicant may apply for successive ten-year renewals, subject to a public hearing process. In determining whether the special permit shall be renewed, the Board shall take into consideration whether there then exists any structures and/or technology available to the Applicant which would enable the Applicant to provide functionally-equivalent services in a less intrusive manner." And change the former subsection "c" to "e". Item 8: Amend Section V-E (10) by adding the following language after subsection i: "j. All unused Personal Wireless Service Facilities or parts thereof which have not been used for two years shall be dismantled and removed at the owner's expense. The Board of Appeals may require that the proper dismantling and removal be secured by a bond or other form of security sufficient in the opinion of the Board to secure performance under this subsection (j)." ARTICLE 34. Will the Town amend the Zoning By-law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, in the "Zoning Map, Part A, Town of Hingham" by removing from Residence B, and including in Business B the land shown on Hingham Assessors' Map Book Page 195, Parcel 37 and the Map Book Page 195, Parcel 26, currently owned by the Old Colony Montessori School, or act on anything relating thereto? COMMENT: The Old Colony Montessori School is currently situated in a Residence B zoning district and it directly abuts single-family house lots. There is commercial development nearby, including property zoned Business B and Industrial Park across Derby Street and Recreation Park Drive, respectively. Although a school is a permitted use in any Residence district, Old Colony Montessori wants to have its property re-zoned to Business B to increase its value to the school and/or to a future owner; the Business B zoning district would allow non-residential, commercial use on the property. This proposed re-zoning would result in a piecemeal incursion of commercial development into the adjacent residential neighborhood, and this does not comport with the Town's policy regarding the re-zoning process or with the Town's current master plan for this part of Hingham. The Planning Board voted unanimously to recommend no action on this article. RECOMMENDED: That no action be taken on this article. ARTICLE 35. Will the Town amend the General By-Laws of the Town of Hingham adopted March 13, 1939, as heretofore amended, at Article 15 as follows: Item 1. Remove Section 4 (f) (ii) and replace it with the following: Section 4 (f) (ii) - Transient moorings, when available, will be limited to a total of six (6) in the inner basin. The Harbormaster is the only entity to possess transient moorings. Item 2. Remove Section 9 in its entirety and replace it with the following: Section 9 - No person shall operate a boat in Hingham Harbor or in the Hingham waters of the Back River or Weir River (which are Areas of Critical Environmental Concern) while towing water skiers, aquaplanes or other similar devices except in areas defined on charts issued by the Board of Selectmen and in no event shall any such boat be operated within one hundred fifty (150) feet of any beach or swimming float. Item 3. Remove Section 14 in its entirety and replace it with the following: Section 14 - The Harbormaster, Deputy Harbormaster, Assistant Harbormasters and officers of the Hingham Police Department have the authority to enforce this article and Massachusetts General Laws Chapter 90B. Item 4. At Section 15 by deleting the words not "exceeding" and inserting the words "per day" after "fifty (50) dollars". COMMENT: The article would make a number of technical revisions to the Harbor By-Law at the request of the Harbormaster to increase their clarity and confirm the authority of the Harbormaster in the following ways: Item 1 will limit the authority to create transient moorings to the Harbormaster to assure that the Town alone has the ability to monitor boat activity in the inner harbor basin and collect related mooring permit fees. Item 2 will emphasize that the Weir River estuary, also an Area of Critical Environmental Concern, is off limits to water skiing, aquaplanes and other similar devices. Item 3 will clarify that the Harbormaster, his deputy and assistants and officers of the Hingham Police Department are all authorized to enforce the harbor by-laws and issue any related citations. Item 4 will clarify that citations for violation of any of the harbor by-laws will be subject to DAILY penalties of $50.00 for each violation. RECOMMENDED: That the Town amend the General By-laws of the Town of Hingham adopted March 13, 1939, as heretofore amended at Article 15 as follows: Item 1. Remove Section 4 (f) (ii) and replace it with the following: Section 4 (f) (ii) - Transient moorings, when available, will be limited to a total of six (6) in the inner basin. The Harbormaster has the sole authority to create and assign the use of transient moorings. Item 2. Remove Section 9 in its entirety and replace it with the following: Section 9 - No person shall operate a boat in Hingham Harbor or in the Hingham waters of the Back River or Weir River (which are Areas of Critical Environmental Concern) while towing water skiers, aquaplanes or other similar devices except in areas defined on charts issued by the Board of Selectmen and in no event shall any such boat be operated within one hundred fifty (150) feet of any beach or swimming float. Item 3. Remove Section 14 in its entirety and replace it with the following: Section 14 - The Harbormaster, Deputy Harbormaster, Assistant Harbormasters and officers of the Hingham Police Department have the authority to enforce this article and Massachusetts General Laws Chapter 90B. Item 4. Remove Section 15 in its entirety and replace it with the following: Section 15 - Whoever violates any section or provision of htsi Article shall be liable for a penalty of fifty (50) dollars per day for each violation. ARTICLE 36. Will the Town amend the General By-laws of the Town of Hingham adopted March 13, 1939, as heretofore amended, at Article 17 by inserting a new SECTION 12 as follows: SECTION 12 - Banned or Removed Dogs b. Fines for Violation - Violation of Article 17, Section 12 a shall be punished by a fine of $50.00 for each offense, each day of violation constituting a separate offense. Or act on anything related thereto? COMMENT: Recently the frequency and severity of problems with out-of-control dogs has risen. Many Towns have "banned" individual animals when no other resolution can be found for behavior which endangers public safety. This by-law would prohibit keeping dogs in Hingham which have been "banned" from another Town. RECOMMENDED: That the Town amend the General By-laws of the Town of Hingham adopted March 13, 1939, as heretofore amended, at Article 17 by inserting a new SECTION 12 as follows: SECTION 12 - Banned or Removed Dogs b. Fines for Violation - Violation of Article 17, Section 12 a shall be punished by a fine of $50.00 for each offense, each day of violation constituting a separate offense. ARTICLE 37. Will the Town accept MGL C.59 §5L, that gives Massachusetts National Guardsmen and reservists deployed outside the state, or their dependents, up to 180 days after that service to pay their property taxes without interest or penalties, or act on anything relating thereto? COMMENT: The Commonwealth has provided this local option for municipalities to help ease the burden on the families of activated National Guard and reserve service personnel during and for a period after their active service. All property taxes owed would be due 180 days after the end of active service, but without penalties or interest. RECOMMENDED: That the Town accept MGL Chapter 59 §5L, so that any local taxes due to the Town under that chapter by a member of the Massachusetts National Guard or reservist or a dependent of a member of the Massachusetts National Guard or reservist shall be deferred while that member is on active service outside the commonwealth and for the next 180 days after that service. No interest or penalties shall be assessed for any period before the expiration of those 180 days. ARTICLE 38. Will the Town determine the interest rate on property taxes deferred pursuant to MGL Chapter 59, Section 5 (41A), as amended by Chapter 136 of the Acts of 2006, for fiscal year 2008, or act on anything relating thereto? COMMENT: The tax deferral program created by Chapter 59, Section 5 is intended for elderly homeowners with limited incomes. In 2006, the Annual Town Meeting adopted adjustments to the program which allow the Town to set the interest rate on the deferred taxes each year in accord with current conditions. Previously, the mandatory interest rate was 8%. Since we are no longer using the mandated set interest rate, the Department of Revenue requires Town Meeting to approve an interest rate yearly. The Treasurer reviews current conditions and recommends an appropriate rate each year for Town Meeting approval. RECOMMENDED: That the interest rate on property taxes deferred pursuant to MGL Chapter 59, Section 5 (41A), as amended by Chapter 136 of the Acts of 2005, be set at 4% for fiscal year 2008. ARTICLE 39. Will the Town accept Massachusetts General Laws Chapter 60 Section 23B to establish a fee schedule for municipal lien certificates, or act on anything relating thereto? COMMENT: Currently the tax collector charges a municipal lien preparation fee of $25.00 for all transactions per M.G.L. Chapter 60, Section 23. An acceptance vote of Chapter 60, section 23B would authorize the tax collector to adopt the following fee schedule: Adoption of this article will increase annual municipal lien certificate receipts by approximately 35% with the increased costs affecting fewer than 10% of the municipal lien requests received. Fees for single residences, duplexes, individual residential condominium units and land of less than one acre with no permanent structure will not increase. Adoption will increase fees for commercial, industrial, public utility, forest and farm land transactions. Fees will also increase for land greater than one acre with no permanent structure as well as for land upon which is situated a residence for four or more families. RECOMMENDED: That the Town accept the provisions of Massachusetts General Laws, Chapter 60, Section 23B thereby authorizing the collector of taxes to furnish a certificate of liens as provided in section twenty-three according to the following schedule: for land of less than one acre upon which there is no permanent structure, a fee of twenty-five dollars; for land upon which is situated no more than a single family residence and outbuildings, a fee of twenty-five dollars; for land upon which is situated no more than a two family residence and outbuildings, a fee of twenty-five dollars; for land upon which is situated no more than a three family residence with outbuildings, a fee of twenty-five dollars; for land upon which is situated a residence for four or more families, a fee of one hundred dollars; for land upon which is situated a commercial, industrial or public utility structure, a fee of one hundred and fifty dollars; for farms, forest land and all other real property, a fee of fifty dollars. In no case shall the fee exceed one half of one per cent of the assessed value of the real estate and the money so received shall be paid into the Town treasury. ARTICLE 40. Will the Town authorize the Board of Selectmen and the School Committee to enter into contracts in excess of three years, or act on any matter relative thereto? COMMENT: The purpose of this article is to allow the Town to enter into contracts up to five years in duration. Presently, the Town is limited to entering into contracts for no more than 3 years without Town Meeting approval. The Town is presently considering entering into contracts with a term of five years for equipment and vehicles in which the useful life expectancy of said equipment and vehicles is in excess of 5 years. RECOMMENDATION: That the Town authorize the Board of Selectmen and the School Committee to enter into contracts for the acquisition or lease of equipment or vehicles for periods up to and including five years, provided that such equipment or vehicles have a useful life expectancy at least equal to the length of the contract. ARTICLE 41. Will the Town accept Chapter 79 of the Acts of 2006? COMMENT: Chapter 79 of the Acts of 2006 will allow members of Town Boards to vote on judicial or quasi-judicial hearings even if they were absent from a session at which testimony or other evidence was presented. The new law can be used for only a single missed meeting. Before any such vote, the member shall certify in writing that he or she has examined all evidence received at the missed session, which evidence shall include an audio or video recording of the missed session or a transcript thereof. ARTICLE 42. Will the Town accept the provisions of Massachusetts General Laws, Chapter 32, Section 7(2) (a) (iii) which establishes a supplemental dependent's allowance for eligible children of persons retired for accidental disability, or act on anything related thereto? COMMENT: This article is the result of a review of the Town's retirement policies by the Public Employees Retirement Administration Commission. Adoption of this article will authorize the supplemental payment of $250.00 per year to eligible children under the age of 18. RECOMMENDED: That the Town accept the provisions of Massachusetts General Laws, Chapter 32, Section 7(2) (a) (iii) which establishes a supplemental dependent's allowance for eligible children of persons retired for accidental disability. ARTICLE 43. Will the Town accept the provisions of Massachusetts General Laws, Chapter 32, Section 6 (1) which lowers from fifteen years to ten years the number of years of creditable service that an otherwise eligible member must have in order to be eligible for an ordinary disability retirement allowance, or act on anything relating thereto? COMMENT: This article is the result of a review of the Town's retirement policies by the Public Employees Retirement Administration Commission. Adoption of this article will put the town in line with other systems in the Commonwealth. RECOMMENDED: That the Town accept the provisions of Massachusetts General Laws, Chapter 32, Section 6 (1) which lowers from fifteen years to ten years the number of years of creditable service that an otherwise eligible member must have in order to be eligible for an ordinary disability retirement allowance. ARTICLE 44. Will the Town vote to approve retirement service credit for service time as Permanent Call Firefighters in the Fire Department of the Town of Hingham, of Glenn Shaw and Donald Lincoln as authorized by State Law, or act on anything relating thereto? COMMENT: Prior town meetings have approved similar articles authorizing special legislation to grant Donald Lincoln and Glenn Shaw retirement credit for the time they served as call firefighters for the Town. The prior requests for special legislation have not been acted upon by the legislature. It is required that home rule petitions be renewed yearly to be considered by the legislature. RECOMMENDED: That the Town authorize the Board of Selectmen to continue to petition the Great and General Court of the Commonwealth to enact special legislation authorizing the Town to grant Donald Lincoln and Glenn Shaw retirement service credit for their time as permanent call firefighters in recognition of their unique service to the Town. ARTICLE 45. Will the Town vote to authorize the Board of Selectmen to continue to petition the Great and general Court of the Commonwealth to enact special legislation currently pending before said General Court after a unanimous vote of Article 42 by the Town at the 2006 Annual Town Meeting, authorizing the Town to grant Donald Lincoln retirement service credit for his time as a permanent call firefighter in recognition of his unique service to the Town, or act on anything relating thereto? COMMENT: The action requested by this article is included in the recommended motion under Article 44. ARTICLE 46. Will the Town authorize the Board of Selectman to petition the Great and General Court of the Commonwealth to enact special legislation that would exempt the position of Deputy Fire Chief from the provisions of the Civil Service Law and Rules, or act on anything related thereto? COMMENT: Last year, the Annual Town Meeting voted authorize special legislation to exempt the position of Deputy Police Chief from the provisions of Civil Service. This article proposes the same change with respect to the position of Deputy Fire Chief. The article would provide the Fire Chief, who serves as the appointing authority for the Deputy Fire Chief, the flexibility to appoint qualified persons who do not appear on the list provided by Civil Service. The proposed change will fully integrate the Deputy Fire Chief position into the management of the Fire Department and help the Fire Chief with succession planning. There is no cost to the Town associated with this article. RECOMMENDED: That the Town authorize the Board of Selectmen to petition the Great and General Court of the Commonwealth to enact special legislation that would exempt the position of Deputy Fire Chief from the provisions of the Civil Service Law and Rules. ARTICLE 47.. Will the Town authorize, but not require, the Board of Selectmen to acquire by purchase or a taking by eminent domain the rights in land parcels currently identified on plans drafted by The Louis Berger Group, Inc. dated December 29, 2006 and titled Preliminary Right of Way Plans, West Corner Culvert Replacement, and, if necessary, petition the Great and General Court for special legislation to authorize such action, for the purpose of obtaining a secure and public right of way, permanent easements and temporary easements to allow for the construction and roadway safety improvements at the West Corner Culvert project, or act on anything relating thereto? COMMENT. Approval of this Article will allow the Town to secure appropriate construction staging areas around the West Corner Culvert for the purpose of replacing the culvert. Permanent easements are required for state land around the project and temporary easements for private land. This replacement project is expected to begin in the spring of 2008. Moneys for the project are coming from state and federal sources. RECOMMENDED: That the Town authorize, but not require, the Board of Selectmen to acquire by purchase or a taking by eminent domain the rights in land parcels currently identified on plans drafted by The Louis Berger Group, Inc. dated December 29, 2006 and titled Preliminary Right of Way Plans, West Corner Culvert Replacement, and, if necessary, petition the Great and General Court for special legislation to authorize such action, for the purpose of obtaining a secure and public right of way, permanent easements and temporary easements to allow for the construction and roadway safety improvements at the West Corner Culvert project. ARTICLE 48. Will the Town authorize the Board of Selectmen to petition the Great and General Court of the Commonwealth to enact special legislation authorizing the Town of Hingham to issue temporary loans for periods greater than 2 years, and allow the Town to charge the Town's actual interest costs to betterment assessments issued by the Town, or act on anything relating thereto? COMMENT: This article was approved at the 2005 and 2006 Annual Town Meetings; however, the state legislature did not act on the petition during their legislative session. Thus the article is re-proposed in this 2007 Annual Town Meeting Warrant. RECOMMENDED: That the Town authorize the Board of Selectmen to petition the Great and General Court of the Commonwealth to enact special legislation authorizing the Town of Hingham to issue temporary loans for periods greater than 2 years, and allow the Town to charge the Town's actual interest costs to betterment assessments issued by the Town. ARTICLE 49. Will the Town authorize but not require the Board of Selectmen to petition the Great and General Court of the Commonwealth to enact special legislation to make the following All Alcoholic Beverages Licenses site specific: (1) South Shore Country Club, 274 South Street and (2) Linden Ponds Inc., d/b/a Linden Ponds, 300 Linden Ponds Way, or act on anything relating thereto? COMMENT: A similar article was approved at the 2005 and 2006 Annual Town Meetings; however, the Legislature did not act on the petition before their session ended. Once the legislative session ends, anything not acted on must be resubmitted for the new session and in order for it to be resubmitted, Town Meeting is required to revote the article. RECOMMENDED: That the Town authorize the Board of Selectmen to petition the Great and General Court of the Commonwealth to enact special legislation to make the following All Alcoholic Beverages Licenses site specific: (1) South Shore Country Club, 274 South Street and (2) Linden Ponds Inc., d/b/a Linden Ponds, 300 Linden Ponds Way. ARTICLE 50. Will the Town authorize the Board of Selectmen to petition the General Court to enact special legislation establishing the Hingham Shipyard Improvement District, a body politic and corporate, independent from the Town, which will assume all financial liability for the capital and operating costs associated with certain existing, proposed and future public improvements within the boundaries of the district, and be empowered to purchase, own, maintain, construct, reconstruct and operate such public improvements, including streets, parking facilities, sidewalks, water and sewer lines and related facilities, and fiber optic and telecommunications links, to take property within the District by eminent domain, to borrow funds for capital improvements and to assess betterments, assessments and fees in relation thereto and to support operating expenses, to enter into such contracts as may be necessary to carry out the purposes of the District, and to exercise such additional powers as shall be defined in the special act, a summary of which is available at the office of the Town Clerk; provided that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approve amendments to the bill before enactment by the General Court, and the Board of Selectmen are authorized to approve amendments which shall be within the scope of the general public objectives of the petition, or take any other action relative thereto? COMMENT: Town Meeting approved this article three times; however, the Legislature did not act on the petition before their session ended. Once the legislative session ends, anything not acted on must be resubmitted for the new session and in order for it to be resubmitted, Town Meeting is required to re-vote the article. By creating such a District, it would enable the entity to issue bonds as a financing mechanism to fund infrastructure improvements required for a large development project such as the Hingham Shipyard. Through the establishment of an Improvement District, the developer can obtain more financing and at a faster rate than with traditional borrowing methods. Interest payments on the bonds are paid through the assessment of betterments that are paid by the businesses and residences within the District. The creation of an Improvement District within the Shipyard would enhance its economic development by allowing the District to construct and maintain critical infrastructure required to serve the needs of those in the district, such as roads, sewer lines, bridges, sidewalks, parks, lighting etc., in advance of businesses and/or residences coming into the District. The District would also have the authority to acquire by eminent domain land that is located within its bounds. Members within the District would still pay property taxes to the Town and would receive the same Town services as residents outside the District (schools, police, fire, etc.). The District would buy its electricity from the Hingham Municipal Lighting Plant, and members would contract with the same providers as non-District residents for services such as phone and cable TV services. The District would be governed by a board of commissioners that would be appointed by the Board of Selectmen; 4 members would be nominated by the Hingham Shipyard Property Owners Association, and 1 member would be the Hingham Town Administrator or his or her designee. In the proposed legislation there is a provision that after twenty-five years, if all the bonds have been paid off and the Town wishes that the District be dissolved, it can do so through a vote of Town Meeting. Favorable action on this article does not create the District, but allows the Board of Selectmen to petition the state legislature to authorize its creation. RECOMMENDED: That the Town authorize the Board of Selectmen to petition the General Court to enact special legislation establishing the Hingham Shipyard Improvement District, a body politic and corporate, independent from the Town, which will assume all financial liability for the capital and operating costs associated with certain existing, proposed and future public improvements within the boundaries of the district, and be empowered to purchase, own, maintain, construct, reconstruct and operate such public improvements, including streets, parking facilities, sidewalks, water and sewer lines and related facilities, and fiber optic and telecommunications links, to take property within the District by eminent domain, to borrow funds for capital improvements and to assess betterments, assessments and fees in relation thereto and to support operating expenses, to enter into such contracts as may be necessary to carry out the purposes of the District, and to exercise such additional powers as shall be defined in the special act, a summary of which is available at the office of the Town Clerk; provided that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approve amendments to the bill before enactment by the General Court, and the Board of Selectmen are authorized to approve amendments which shall be within the scope of the general public objectives of the petition. And you are hereby also directed to notify and warn the inhabitants of the Town of Hingham qualified to vote in Town affairs to meet at two designated polling places in said Town of Hingham according to their precinct, to wit: Precinct 1, 2, 3, and 5: High School, 17 Union Street; Precincts 4 and 6: Middle School, 1103 Main Street on SATURDAY, the Twenty-eighth day of April 2007 at EIGHT O'CLOCK in the forenoon, then and there to give in their votes on the official ballot for: A Moderator to serve one year, a Selectman to serve three years; an Assessor to serve three years; a Treasurer/Collector to serve three years; one member of the Board of Health to serve three years; three members of the School Committee to serve three years; a member of the Municipal Light Board to serve three years; a member of the Housing Authority to serve five years; a member of the Planning Board to serve five years; a member of the Planning Board to serve four years; a member of the Sewer Commission to serve three years; and a member of the Recreation Commission to serve five years. Hereof fail not and make due return of this warrant with your doings thereon to the Town Clerk on or before the fif the day of April 2007. Given under our hands at Hingham this third day of April in the year of our lord two thousand seven. Philip J. Edmundson A True Copy Kathleen A Peloquin April 3, 2007 Kathleen A. Peloquin
|
