Town of Hingham Massachusetts - Town Government & Services, Departments: Town Clerk

COMMONWEALTH OF MASSACHUSETTS

Plymouth, ss.
To the Constable of the Town of Hingham in the County of Plymouth,

Greetings:
In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of the Town of Hingham qualified to vote in Town affairs, to meet in the HIGH SCHOOL, 17 Union Street, in said Hingham, MONDAY, the TWENTY-THIRD day of April, 2007 at SEVEN o'clock in the evening, then and there to act on the following Articles:

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

1. One member of the Committee to have charge of the income of the Hannah Lincoln Whiting Fund for a term of three years,

2. One member of the Committee to have charge of the income of the Hannah Lincoln Whiting Fund to fill an unexpired term of one year,
or act on anything relating thereto.

COMMENT: The Hannah Lincoln Whiting Fund was established in 1915 pursuant to the will of Ada B.W. Bacon, "to lend a helping hand to those in need in the South District of the Town.." Grants from the income of the fund are made at the discretion of a committee of three members, one of whom is elected each year by the Town. As of December 31, 2006 the fund assets were $15,832, of which $832 was available for distribution. The principal of $15,000 is held in trust and is not available for distribution.

RECOMMENDED: 1. That Becky Weston, 84 Whitcomb Avenue, be elected a member of the Committee to have charge of the income of the Hannah Lincoln Whiting Fund for a term of three years; and

2. That Tereza Prime, 703 Main Street, be elected a member of the Committee to have charge of the income of the Hannah Lincoln Whiting Fund to fill an unexpired term of one year.

ARTICLE 2. Will the Town confirm appointment of a Director for the Plymouth County Cooperative Extension Service in accordance with the provisions of the General Laws of Massachusetts, Chapter 128, Sections 41 and 42, or act on anything relating thereto?

RECOMMENDED: That the Town confirm the choice by the Selectmen of Marjorie Mahoney as Director to serve for one year.

ARTICLE 3. To hear the reports of the following: Animal Shelter Site Study Committee; Capital Outlay Committee; Central Fire Station Building Committee; Commission on Disability Issues; Community Preservation Committee; Conservation Commission; Country Club Management Committee; Council on Aging; Harbor Development Committee; Hingham Historic Districts Commission; the Historian; Historical Commission; Long Range Waste Disposal and Recycling Committee; Open Space Acquisition Committee; Public Works Building Committee; Regional Refuse Disposal Planning Committee; Scholarship Fund Committee; 2006 School Building Committee; School Facilities Study Committee, Wastewater Master Planning Committee; Water Supply Committee; and the Zoning Permits Study Committee, or act on anything relating thereto.

COMMENT: These are the existing posts, committees, councils, commissions and offices which were established by acts of Town Meeting. The Town is indeed fortunate to have many public-spirited citizens willing to work in these capacities. We thank them for their excellent service and recommend that all these bodies and offices be continued, except that the School Facilities Study Committee be discharged with thanks.

RECOMMENDED: That the reports, if any, of the Animal Shelter Site Study Committee; Capital Outlay Committee; Central Fire Station Building Committee; Commission on Disability Issues; Community Preservation Committee; Conservation Commission; Country Club Management Committee; Council on Aging; Harbor Development Committee; Hingham Historic Districts Commission; the Historian; Historical Commission; Long Range Waste Disposal and Recycling Committee; Open Space Acquisition Committee; Public Works Building Committee; Regional Refuse Disposal Planning Committee; Scholarship Fund Committee; 2006 School Building Committee; School Facilities Study Committee; Wastewater Master Planning Committee; Water Supply Committee; and the Zoning Permits Study Committee be received, and that all of said Committees, Commissions, the Council and the Historian be continued, except that the School Facilities Study Committee be discharged with thanks.

ARTICLE 4. To hear the report of the Personnel Board appointed under the Classification and Salary Plan By-Law, or act on anything relating thereto.

COMMENT: This article provides funds to pay for an increase in financial obligations of the Town that result from salary increases, fringe benefit improvements and job reclassifications which have been or are yet to be determined.

RECOMMENDED: That the report of the Personnel Board, a copy of which is on file in the Town Clerk's Office, be accepted; that the amendments of the Personnel By-Law, including the Classification and Salary Plan, and any agreements reached by the Personnel Board in collective bargaining, which may be embodied or referred to in said report, be approved and adopted in their entirety, such approval and adoption to become effective July 1, 2007 or as otherwise specified in said report or agreements; that the Town raise and appropriate the sum of $445,881 for the purpose of this vote; and that the Town Accountant is hereby authorized and instructed to allocate said sum to and among the several Personal Services and Expense Accounts in such amounts, respectively, as are proper and required to meet such amendments and to comply with such collective bargaining agreements as may be entered into by the Board of Selectmen on behalf of the Town.

ARTICLE 5. . Will the Town fix the salaries of the following Town Officers, viz:

1. Selectmen
2. Treasurer/Collector
3. Assessors
4. Town Clerk
5. Municipal Light Board;
Or act on anything relating thereto?

RECOMMENDED: That, subject to the proviso below, the salary from July 1, 2007
through June 30, 2008 for each of the following officers shall be at the rates below stated or provided after the name of the office.

Town Clerk1 and Treasurer/Collector in accordance with the compensation rates established in Grade 15 of the Town of Hingham Classification and Compensation Plan of the Personnel By-Law.

Selectmen: at the annual rate of $2,000.00 each, except that the Chair for the period of incumbency shall receive an annual rate of $2,500.00.

Assessors: at the annual rate of $1,800.00 each, except that the Chair for the period of incumbency shall receive an annual rate of $2,000.00.

Municipal Light Board: at the annual rate of $214.00 each (to be paid from the receipts of the Electric Light Department).

Provided: that the salary of each such officer except Selectman, Assessor and Municipal Light Board Member shall be reduced by all retirement allowances and pensions received by such officer from the Town of Hingham.

1Town Clerk, when serving as a member of the Board of Registrars of Voters, shall be paid for such duties in accordance with Section 19G of Chapter 41 of the General Laws.

ARTICLE 6. Will the Town raise and appropriate, or transfer from available funds, sums of money to defray the expenses of the Town for the twelve-month period beginning July 1, 2007, or act on anything relating thereto?

RECOMMENDED: That there be raised and appropriated for each of the following purposes for the fiscal year beginning July 1, 2007, the sum of money stated therefor, provided that where a transfer appropriation is stated, the amount so indicated shall be transferred or specifically appropriated as stated; also that the authority is hereby given to turn in vehicles and equipment in part payment for vehicles and equipment purchased in those cases where a turn in is stated.

Please click here for Town Expenses

ARTICLE 7. Will the Town appropriate, from the receipts of the Electric Light Department, money for the maintenance and operation of the Plant for the 12-month period commencing July 1, 2007, pursuant to Sections 57 and 57A of Chapter 164 of the General Laws, and provide for the disposition of any surplus receipts, or act on anything relating thereto?

COMMENT: The Hingham Municipal Lighting Plant is self-funding. Funds collected by billing customers are used to pay all expenses incurred by the Plant.

RECOMMENDED: That, with the exception of $474,048 which is hereby transferred to the General Fund to reduce the tax rate, all funds received by the Municipal Lighting Plant during the fiscal year commencing July 1, 2007, be appropriated to said Municipal Lighting Plant, the same to be expended by the Manager of Municipal Lighting under the control and direction of the Municipal Light Board for the expenses of the Plant for said fiscal year, as defined in Sections 57 and 57A of Chapter 164 of the Massachusetts General Laws and, if there should be any unexpended balance thereof at the end of said fiscal year, such amount as is deemed necessary shall be transferred to the Construction Fund of said Plant and appropriated and used for such additions thereto as may be authorized by the Municipal Light Board during the next fiscal year.

ARTICLE 8. Will the Town assume liability in the manner provided by General Laws, Chapter 91, Section 29, as amended, for all damages that may be incurred by work to be performed by the Department of Conservation and Recreation of the Commonwealth of Massachusetts for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, harbors, tide waters, foreshores and shores along a public beach, and authorize the Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth, or act on anything relating thereto?

COMMENT: The Department of Conservation and Recreation, as a matter of policy, requires the Town to assume liability if it is to do any of this type of work in the Town. Under the statute, the agreement would refer to liability for work done by the Department of Conservation and Recreation.

RECOMMENDED: That the Town, in accordance with, and to the extent only permitted by, General Laws, Chapter 91, Section 29, 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 that the Board of Selectmen is hereby authorized to execute and deliver a bond of indemnity to the Commonwealth assuming such liability.

ARTICLE 9. Will the Town accept the provisions of Massachusetts General Laws, Chapter 44, Section 53E 1/2, so as to establish and define the terms of a departmental revolving fund for the Building Department, or act on anything relating thereto?

COMMENT: The purpose of this article is to match revenues from inspections with payments to the Assistant Building Inspectors for their services. For the fiscal year ended June 30, 2006, the fund had $258,327 in revenues and $240,342 in expenditures. For the six-month period ended December 31, 2006, the fund had $148,341 in revenues and $116,342 in expenditures. Due to the expected increase in building activity, the limit has been raised from $250,000 in FY'07 to $350,000 in FY'08.

RECOMMENDED: That, in accordance with the provisions of Massachusetts General Laws, Chapter 44, Section 53E 1/2, which allows the Town to establish departmental revolving funds, the Town authorizes the continuation of such a fund in the Building Department. Departmental receipts for building inspections performed by the Assistant Building Inspectors shall be credited to the fund. Moneys shall be spent only to compensate such inspectors for their services. No moneys shall be spent for wages or salaries of full-time municipal employees. The Building Commissioner shall be authorized to spend moneys from the fund. The amount that may be spent from the fund shall be limited to $350,000 during Fiscal Year 2008.

ARTICLE 10. Will the Town raise and appropriate, or transfer from available funds, a sum of money under the Transportation Bond Bill for the cost of work under Chapter 90 of the Massachusetts General Laws for the resurfacing, maintenance, improvement, design, construction and/or reconstruction of Hingham streets and sidewalks, or act on anything related thereto?

COMMENT: Chapter 90 of the Massachusetts General Laws (with the Transportation Bond Bill) requires towns to appropriate funds representing the Commonwealth's share of the cost of work performed for maintenance of the town's streets and sidewalks.

RECOMMENDED That, subject to the appropriation of $407,524 by the Commonwealth of Massachusetts under the Transportation Bond Bill, the Town transfer from available funds the sum of $407,524 as the state's share of the cost under Chapter 90 of the Massachusetts General Laws, for the resurfacing, maintenance, improvement, design, construction and/or reconstruction of Hingham streets and sidewalks.

ARTICLE 11. Will the Town raise and appropriate, or transfer from available funds, a sum of money for the dredging of Hingham Harbor, or act on anything relating thereto?

COMMENT: Each year Hingham boat owners are assessed marine excise taxes by the Town of Hingham. Under Massachusetts General Laws, one-half of the collections must be used for waterways improvements. The remaining half is general revenue to the Town. The amount proposed for transfer this year is $30,000 from excise tax revenue.

The Town has also set aside mooring permit fees that have been collected annually over the last ten years that are in excess of debt service on waterfront projects for the purpose of harbor dredging. This amount is currently in available reserves and totals $173,674.

It is expected that the Town's cost for dredging, scheduled to begin in the fall of 2009, will be in the $600,000 to $700,000 range. The Town's cost is expected to be approximately 25% of the total with state and federal moneys covering the remaining 75%. The amount set aside for harbor dredging after the proposed $30,000 from marine excise taxes this year and the $173,674 from mooring permit fees will be $642,840.

RECOMMENDED: That the Town transfer $30,000 from the Waterways Fund and $173,674 from available reserves to the Dredging Fund, such account to be used for the future dredging of Hingham Harbor, and the Town accept and credit said account with funds from State and Federal Governments for that purpose.

ARTICLE 12. Will the Town raise and appropriate, or transfer from available funds, a sum of money to the Town's Reserve Fund for use during the fiscal year 2007, or act on anything related thereto?

COMMENT: This article is included each year in case the existing Reserve Fund does not have sufficient money in it to cover unbudgeted and unanticipated expenses for the duration of the fiscal year (which ends June 30, 2007). The Town does not have a need for additional funds in the Reserve Fund.

RECOMMENDATION: That no action be taken on this article.

ARTICLE 13. Will the Town transfer a sum of money from the Stabilization Fund for the purpose of reducing the tax rate, or act on anything relating thereto?

COMMENT: Pursuant to prior Town Meeting votes, the proceeds from the sale of the old school administration building, municipal light plant building and police station were deposited in the Stabilization Fund for future tax reduction. It is the intention of this article to transfer $111,486 from the Stabilization Fund for the purpose of reducing the fiscal year 2008 tax rate.

RECOMMENDED: That the Town transfer the sum of $111,486 from the Stabilization Fund for the purpose of reducing the fiscal year 2008 tax rate.

ARTICLE 14. Will the Town raise and appropriate or transfer from available funds a sum of money to return investment income earned by the Town on funds invested for the Hingham Municipal Lighting Plant, or act on anything related thereto?

COMMENT: In December, 2005 the Hingham Municipal Lighting Plant (HMLP) transferred approximately $3.9 million of separately invested pension reserves to the Town's general fund; the amount is ultimately expected to be allocated, at the direction of the Light Board, for the benefit of HMLP employees' pension or other post-retirement benefits. The effect of this article is to reimburse the HMLP for the investment income earned by the Town during the now closed fiscal 2006 period. It is expected that, before the end of fiscal 2007, the principal and any related investment income earned by the Town in fiscal 2007 will likewise be transferred out of the Town's general fund.

RECOMMENDED: That the Town transfer from available funds the sum of $74,698.35 to the Hingham Municipal Lighting Plant in order to return investment income earned by the Town on funds invested for the Hingham Municipal Lighting Plant.

ARTICLE 15. Will the Town raise and appropriate, borrow or transfer from available funds, a sum of money to be expended under the direction of the 2006 School Building Committee for additional architectural and engineering design development of the school facility plan and for submission of the school projects to the Massachusetts School Building Authority, including other costs incidental and related, to carry out this project and its finances, or act on anything relating thereto?

COMMENT: The 2006 Annual Town Meeting approved the creation of the 2006 School Building Committee to implement the School Facility Plan detailed in the 10-year Master Plan recommended by the School Facility Study Committee established by the 2005 Annual Town Meeting. Specifically, the 2006 School Building Committee was authorized to do everything necessary and appropriate to complete the design, documentation and bidding for a new elementary school, to complete schematic designs for the expansion and renovation of the Middle School, and to complete schematic designs for partial renovations at Foster and Plymouth River Elementary Schools. In addition, the 2006 Annual Town Meeting authorized the expenditure of up to $1.7 million to meet these goals, of which approximately $1.5 million has been spent to date. The funds remaining from the 2006 authorization are earmarked to complete the new elementary school bidding process and to complete the schematic design process for the Middle School and the renovations of the Foster and Plymouth River elementary schools.

Implementing the School Facility Plan requires working with the Massachusetts School Building Authority (MSBA) and adhering to the new guidelines for project reimbursement. Under the new MSBA program, towns must compete for a fixed pool of approximately $500 million per year set aside for all school projects across the state.

Since its creation following the 2006 Annual Town Meeting, the School Building Committee has been in frequent contact with the MSBA, updating them on our progress and seeking guidance regarding the status of the School Facility Plan. As a result of these conversations, and receipt of the final guidelines, it has become apparent that moving forward with the construction of the new elementary school without a decision by the MSBA could jeopardize potential reimbursement for the project. Similarly, the Middle School project has been suspended at the conceptual design stage to allow the School Building Committee to consult with the MSBA for direction on the project in order to maximize the Town's opportunity for reimbursement. As was always the plan, the Town will submit all four projects to the MSBA during July 2007, the first month the MSBA will accept applications.

Since the MSBA program is new, it is impossible to predict the time and expense required to secure approval of the project reimbursement. The School Building Committee believes that $255,000 of additional funds will be sufficient to allow it to work with the MSBA on the Master Plan and meet additional MSBA requirements as they arise. Specifically, the additional $255,000 requested will provide the necessary funds to move the Middle School project beyond schematic design and provide funds for additional project management, design, legal and administrative expenses, as needed.

The MSBA has indicated that it will make its initial decisions by December 2007 and, at that time, the School Building Committee expects to come back to Town Meeting with a request for funding of the Master Plan.

RECOMMENDED: That the Town appropriate the sum of $255,000, to be expended under the direction of the 2006 School Building Committee for additional architectural and engineering development of the School Facility Plan and for the submission of the school projects to the Massachusetts School Building Authority. Of this amount, $133,000 will be spent only as required by the MSBA grant application process for additional work (including, without limitation, additional studies, reports, design work) to advance the Middle School project. To meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow up to $255,000 under and pursuant to Chapter 44, Section 7(21) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor.

ARTICLE 16. Will the Town appropriate a sum of money from the Community Preservation Community Housing Reserve for the repair of the septic system at 132 Scotland Street, and authorize and direct the Hingham Housing Authority to make such repair, or act on anything related thereto?
(Inserted at the request of the Community Preservation Committee)

COMMENT: Article 20 of the 2006 Annual Town Meeting appropriated $472,200 to purchase of 3.88 acres of land and a house at 132 Scotland Street with the house to be for community housing purposes under the direction of the Hingham Housing Authority and the land to be overseen by the Hingham Conservation Commission. During the purchase of the property it was determined that the septic system was usable in the near term but would need to be replaced within two years of the acquisition.

The Hingham Housing Authority is requesting $33,000 for the engineering, permitting and construction of a new septic system on the property, based on cost estimates provided by the Hingham Board of Health.

Replacement of the septic system will complete the permanent availability of one unit of much needed low-cost family housing in the Town.

RECOMMENDED: That the Town appropriate the sum of $33,000 from the Community Preservation Community Housing Reserve for the repair of the septic system at 132 Scotland Street, and authorize and direct the Hingham Housing Authority to make such repair.

ARTICLE 17. Will the Town appropriate a sum of money from the Community Preservation Historic Resources Reserve for the following purposes: i) the restoration and stabilization of the Pro Patria and Gloria Monument (the "Iron Horse Monument"), ii) the restoration and preservation of eight (8) bronze commemorative or memorial plaques set in granite rock; and, iii) the restoration and preservation of the Cyrus Bacon Memorial Fountain/Horse Trough, or act on anything related thereto?
(Inserted at the request of the Community Preservation Committee)

COMMENT: This request, sponsored by the Hingham Historical Commission, seeks funding for restoration and improvements for three separate projects, as detailed below:

The Pro Patria and Gloria Monument (the Iron Horse Monument): This monument, a cast bronze work installed and dedicated in 1929, was erected as a memorial to honor those who died in the service of our country. The monument is located along the Hingham waterfront. It stands on a low platform consisting of a granite slab and concrete base. The concrete base has deteriorated significantly causing the statue to lean. Initial examination of the base in spring 2006 by restoration consultants prompted concern that the sculpture may be unstable enough to topple over. The Hingham Historical Commission, the Town agency responsible for maintaining and preserving the Iron Horse, solicited a proposal from Daedalus, Inc. to determine an appropriate restoration plan. Since the extent of the deterioration can only be determined upon examination via lifting the Horse off its base, three possible options were presented in the proposal. The "worst case scenario" estimate is $50,000 for re-making the base in its entirety plus another $3,500 for treatment of the bronze and $4,000 for investigation of the base, for a total of $57,500. If the total amount appropriated is not needed for the project, the balance will then be available for future appropriation by the Town.

Eight bronze commemorative or memorial plaques set in granite rock:
(1) DAR Plaque, Main and Leavitt Street; (2) Meeting House Plaque, 90 Main Street; (3) Benjamin Lincoln Plaque, Fountain Square; (4) Reverend Peter Hobart's Landing, Ship and North Street; (5-8) Vietnam, WWI, WWII, and Korean War Memorial Plaques, Matthew Hawkes Square (5-8).

These commemorative or memorial plaques, dating from the 1920's-1970's, were originally coated with a protective material. This coating has worn away. Over time without protection, the metal will erode and render inscriptions illegible. In addition, the granite base on certain plaques has chipped away. The proposal calls for each bronze plaque to be cleaned and a new protective coat be applied. The stone bases will also be cleaned and repaired. The total cost for the restoration and preservation of these plaques is estimated at $7,000.

The Cyrus V. Bacon Memorial Fountain/Horse Trough: The Cyrus V. Bacon Memorial Fountain is one of Hingham's most recognizable pieces of outdoor art, a 12-foot tall granite fountain/horse trough donated to the Town in accordance with the provisions set forth in the 1915 will of Mrs. Ada Bacon. The Fountain was relocated to its present position in Queen Anne's Corner in 1991. Weather, traffic emissions, vehicle impacts and several relocations have damaged and contributed to the deterioration of the fountain. The Historical Commission is requesting funds to restore the top section of the fountain, the damaged granite tablet, pilasters and capitals and the sloped pediment. It is expected that these elements will have to be wholly replaced. The total cost for the restoration is estimated at $50,000.
(As part of the roadway improvements at Queen Anne's Corner, MassHighway is contractually obligated to move the fountain further back from the road and to provide the new site with all the necessary utilities, electricity, plumbing and water to restore the Fountain to working condition)

RECOMMENDED: That the Town appropriate $114,500 from the Community Preservation Historic Resources Reserve, such amount to be expended under the direction of the Community Preservation Committee, for the following purposes i) $57,500 for the restoration and stabilization of the Iron Horse Monument; ii) $7,000 for the restoration and preservation of eight (8) bronze commemorative or memorial plaques; and iii) $50,000 for the restoration and preservation of the Cyrus V. Bacon Memorial Fountain/Horse Trough.

ARTICLE 18. Will the Town appropriate a sum of money from the Community Preservation Open Space Reserve for the Bare Cove Park - Phase II project, and authorize and direct the Bare Cove Park Committee to complete such project, or act on anything related thereto?
(Inserted at the request of the Community Preservation Committee)

COMMENT: The Bare Cove Park Committee is seeking $577,000 to complete the final phase of building demolition and related environmental remediation in the Park, which is an area of critical environmental concern.

Article 21 of the 2006 Annual Town Meeting appropriated $405,000 for the initial phase of the Park cleanup, including demolition and removal of hazards and eyesores such as existing concrete foundations, superfluous roads and open manholes and wells. Those funds were also used to hire a consultant to do an environmental assessment of the Park. Gale Associates was that consultant and their work determined that the Town needed to immediately address environmental contamination around a number of the buildings and foundations identified for demolition and removal. At a Special Town Meeting on December 11, 2006, it was voted to appropriate $378,000 to proceed with that environmental cleanup.

This article requests appropriation of the amount determined to be necessary to complete the demolition and removal project originally contemplated. The amount requested is based on estimates prepared by the environmental consultant and an experienced construction company, using a 20% contingency factor.

RECOMMENDED: That the Town appropriate the sum of $577,000 from the Community Preservation Open Space Reserve for the Bare Cove Park - Phase II project to demolish, remove and perform any additional required environmental remediation of up to 14 buildings sites and authorize and direct the Bare Cove Park Committee to complete that project.

ARTICLE 19. Will the Town appropriate a sum of money from the Community Preservation Open Space Reserve for the acquisition by the Hingham Conservation Commission, for conservation purposes, of approximately four acres, abutting the Crooked Meadow River at its western side and existing conservation land of the Town of Hingham at its southwestern corner, of Lot 43 on Assessors' Map 126, and authorize and direct the Conservation Commission to complete such acquisition, or act on anything related thereto?
(Inserted at the request of the Community Preservation Committee)

COMMENT: This proposed acquisition relates to a parcel of backland west of Main Street behind and north of the Second Parish Church and several of the neighboring homes. It is contiguous to another one-half acre parcel of Conservation Land owned by the Town The parcel is forest and marshy fields abutting the Crooked Meadow River, a principal tributary of the Weir River flowing out of Cushing Pond and crossing Main Street just south of the intersection of High, Free and Main Streets. The parcel meets all of the criteria established by the Community Preservation Committee for the acquisition of open space. The Open Space Acquisition Committee has currently negotiated a purchase price of $420,000, contingent upon receipt of evidence of public access satisfactory to that Committee.

RECOMMENDATION: The Advisory Committee will make its recommendation at Town Meeting.

ARTICLE 20. Will the Town appropriate a sum of money from the Community Preservation General Reserve for addition to the Community Preservation Committee's Administrative Fund, or act on anything relating thereto?
(Inserted at the request of the Community Preservation Committee)

COMMENT: The Community Preservation Act (MGL Ch. 44B s.6) allows up to 5% of annual CPA revenues to be reserved for operating and administrative expenses. These appropriations may include property appraisals, design and bid costs, office supplies, and administrative assistance. Since the Act was adopted by the Town in April, 2001, Town Meeting has twice approved administrative expenses of $64,000 (2003) and $50,000 (2005). Hingham's administrative appropriations have averaged 2.5 % of annual CPA revenues compared to the 5% allowed by the Act. The funds requested will provide payment for ongoing administrative expenses for the next two fiscal years as well as provide funding for the salary of a recently approved position of part-time administrator. The administrator will allow the Committee to centralize administrative functions such as invoice payment and project management communication as well as to provide an informational resource available to the public at Town Hall during scheduled hours.

RECOMMENDED: That the Town appropriate $60,000 from the Community Preservation General Reserve for addition to the Community Preservation Committee's Administrative Fund.

ARTICLE 21. Will the Town accept Massachusetts General Laws Chapter 44, Section 55C so as to create an affordable housing trust, and amend the General By-Laws of the Town by adding Article 39 as follows:

"HINGHAM AFFORDABLE HOUSING TRUST

SECTION 1. (a) There shall be in the Town of Hingham a Hingham Affordable Housing Trust Fund, (hereinafter referred to as "the trust"). The purpose of the trust is to provide for the creation and preservation of affordable housing in the Town of Hingham for low- and moderate-income households.

(b) There shall be a board of trustees which shall include not less than five (5) nor more than nine (9) trustees. The trustees shall be appointed by the Board of Selectmen and shall include one (1) member of the Board of Selectmen and are designated as public agents for purposes of the constitution of the Commonwealth. The initial terms of the trustees shall be staggered as one (1), two (2) or three (3) year terms. All terms thereafter shall be for two (2)years.

SECTION 2. (a) The powers of the board of trustees shall include the following:
(1) to accept and receive real property, personal property or money, by gift, grant, contribution, devise or transfer from any person, firm, corporation or other public or private entity, including but not limited to money, grants of funds or other property tendered to the trust in connection with the provisions of the Hingham Zoning By-Law or other by-law, or any general or special law or any other source, or money from the Community Preservation Act, G.L. Chapter 44B.

(2) to accept and receive municipal, school or other public property, subject to a majority vote of Town Meeting to transfer said property to the trust, for the purposes of the trust.

(3) to purchase and retain real or personal property for the purposes of the trust, including without restriction investments that yield a high rate of income or no income, and to hold all or part of the trust property uninvested for such purposes and for such time as the board may deem appropriate.

(4) to manage or improve real property.

(5) to sell, lease, exchange, transfer or convey any real property for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relative to trust property as the board deems advisable, notwithstanding the length of any such lease or contract.

(6) to execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the board engages for the accomplishment of the purposes of the trust.
(7) to employ and pay reasonable compensation to advisors and agents, such as accountants, appraisers and lawyers as the board deems necessary.

(8) to apportion receipts and charges between income and principal as the board deems advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation, depletion or otherwise.

(9) to carry property for accounting purposes at other than acquisition date values.

(10) to borrow money on such terms and conditions and from such sources as the trustees deem advisable, to mortgage and pledge trust assets as collateral, subject to approval by a majority vote of the Board of Selectmen.

(11) to make distributions or divisions of principal in kind.

(12) to defend, enforce, release, settle or otherwise adjust claims in favor or against the trust, including claims for taxes, and to accept any property, either in total or partial satisfaction of any indebtedness or other obligation, and subject to the provisions of this Article, to continue to hold the same for such period of time as the board may deem appropriate.

(13) to extend the time for payment of any obligation to the trust.

(14) to provide grants or loans to assist low- or moderate-income homebuyers to purchase or rehabilitate a dwelling unit in the Town of Hingham.
(15) to convey, through sale, lease or transfer, real property purchased under this act, to any for-profit or non-profit developer or any public agency to provide low- or moderate-income housing, subject to an affordable housing restriction under Section 26 or Sections 31-33 of Chapter 184 of the General Laws.
(16) in each fiscal year, expenditures from the fund shall be in accordance with an allocation plan approved by the Town at the Annual Town Meeting and upon the recommendation of the trustees, for purposes consistent with this by-law. The allocation plan shall be a general plan for the use of funds during the fiscal year to which the plan applies, and may provide for moneys to be held in reserve for expenditure in later years. The plan may be amended at a Town Meeting upon favorable recommendation of the board of trustees.

(17) Expenditures for the acquisition or disposition of real property shall be in accordance with the approved allocation plan and further be subject to approval by a majority vote of the Board of Selectmen.

SECTION 3. (a) As a means of providing available assets for the trust, all moneys received by the Town through the following means shall be paid directly into the trust and need not be appropriated or accepted and approved into the trust:

(1) cash payments made by developers to the Town for purposes of creating or preserving affordable housing, under any development agreements or development approvals pursuant to the Hingham Zoning By-Law;
(2) gifts, grants, donations, contributions or other cash payments to the trust for the purpose of providing low- or moderate-income housing;

(b) general revenues appropriated into the trust become trust property, and to be expended these funds need not be further appropriated;

(c) all moneys remaining in the trust at the end of any fiscal year, whether or not expended by the board of trustees within one year of the date they were appropriated into the trust, shall remain trust property;
(d) the trust is exempt from G.L. Chapters 59 and 62, and from any other provisions concerning payment of taxes based upon or measured by property or income imposed by the Commonwealth or any political subdivision thereof; and
(e) the books and records of the trust shall be reviewed annually by an independent auditor in accordance with accepted accounting practices.

SECTION 4. As used in this act, the term "low or moderate income housing" shall mean "low income housing" or "moderate income housing" as defined in Section 2 of Chapter 44B of the General Laws.

SECTION 5. The Town Treasurer shall be the custodian of the fund. Any income or proceeds received from the investment of funds shall be credited to and become part of the fund.

SECTION 6. (a) The trust is a governmental body for purposes of Sections 23A, 23B and 23C of Chapter 39 of the General Laws.

(b) The trust is a board of the city or town for purposes of Chapter 30B and Section 15A of Chapter 40; but agreements and conveyances between the trust and agencies, boards, commissions, authorities, department and public instrumentalities of the Town shall be exempt from Chapter 30B.

(d) The trust shall be deemed a public agency and trustees as special municipal employees for purposes of Chapter 268A."

or act on anything related thereto?

COMMENT: Hingham's Master Plan of 2001 calls for increasing low- and moderate-income housing. Since then, Town Meeting has repeatedly supported efforts in this direction. The Massachusetts General Laws also encourage municipalities to ensure that at least 10% of their housing stock is affordable relative to the municipality's area median income. The establishment of a Housing Trust is one approach the legislature has provided to help towns to move toward that goal, and many have taken advantage of this tool.

The Town's current resources for housing planning and action consist primarily of the Housing Partnership, an unfunded Town committee established in 1987, and the Community Preservation Fund, of which a minimum of 10% is earmarked for affordable housing. (In addition to the Town's committees, the Hingham Housing Authority is a quasi-state agency which operates independently to promote affordable housing.)

While these committees and agencies have made contributions, progress is slow. One obstacle is that neither of the Town committees has the power to respond to conditions in the housing market and to take advantage of opportunities there without first securing the approval of Town Meeting. Generally, the need to wait for Town Meeting makes it impossible to capitalize on opportunities in the fast-moving real estate market.

The Housing Trust is designed to overcome current hurdles in our housing planning and action and provide the Town with
1) a funded agency to concentrate exclusively on housing issues, allowing for more cohesive and sustained long-term planning and action,
2) the potential to react to market conditions by acquiring and disposing of property when it is advantageous, even if Town Meeting is many months away, and
3) an ongoing mechanism for securing and using State and federal grants, funds derived from mitigation measures under the zoning by-law or resulting from negotiations with developers, gifts, donations, and Community Preservation housing funds, if the Community Preservation Committee recommends it and Town Meeting approves.

No funding for the Trust from the Town's operating or capital budget is contemplated at this time. It is expected that the Trust will be funded initially from funds the Town is currently holding which were generated for affordable housing by the inclusionary zoning by-law. The Trust will seek ongoing funding from other sources.

The Housing Partnership reviewed seventeen Housing Trusts operating in other towns, and recommends a model based on Duxbury's trust, which has the advantage of providing significant Town Meeting oversight of the Trust's activities.

Section 2 (a) 10 of the proposed by-law in the article, which would give the Trust the power to borrow, is not included in the recommended motion at this time, as the Advisory Committee wished to review this aspect further before making a recommendation.

RECOMMENDED: that the Town accept Massachusetts General Laws Chapter 44, Section 55C so as to create an affordable housing trust, and amend the General By-Laws of the Town by adding Article 39 as follows:

(b) There shall be a board of trustees which shall include not less than five (5) nor more than nine (9) trustees. The trustees shall be appointed by the Board of Selectmen and shall include one (1) member of the Board of Selectmen and are designated as public agents for purposes of the constitution of the Commonwealth. The initial terms of the trustees shall be staggered as one (1) or two (2) year terms. All terms thereafter shall be for two (2)years.

(2) to accept and receive municipal, school or other public property, subject to a majority vote of Town Meeting to transfer said property to the trust, for the purposes of the trust.

(4) to manage or improve real property.

(9) to carry property for accounting purposes at other than acquisition date values.

(10) (Reserved.)

(11) to make distributions or divisions of principal in kind.

(13) to extend the time for payment of any obligation to the trust.

(14) to provide grants or loans to assist low- or moderate-income homebuyers to purchase or rehabilitate a dwelling unit in the Town of Hingham.

(15) to convey, through sale, lease or transfer, real property purchased under this act, to any for-profit or non-profit developer or any public agency to provide low- or moderate-income housing, subject to an affordable housing restriction under Section 26 or Sections 31-33 of Chapter 184 of the General Laws.
(16) in each fiscal year, expenditures from the fund shall be in accordance with an allocation plan approved by the town at the Annual Town Meeting and upon the recommendation of the trustees, for purposes consistent with this by-law. The allocation plan shall be a general plan for the use of funds during the fiscal year to which the plan applies, and may provide for moneys to be held in reserve for expenditure in later years. The plan may be amended at a Town Meeting upon favorable recommendation of the board of trustees.

(b) general revenues appropriated into the trust become trust property, and to be expended these funds need not be further appropriated;

(d) the trust is exempt from Chapters 59 and 62, and from any other provisions concerning payment of taxes based upon or measured by property or income imposed by the commonwealth or any political subdivision thereof; and
(e) the books and records of the trust shall be reviewed annually by an independent auditor in accordance with accepted accounting practices.

SECTION 4. As used in this act, the term "low or moderate income housing" shall mean "low income housing" or "moderate income housing" as defined in Section 2 of Chapter 44B of the General Laws.

SECTION 5. The Town Treasurer shall be the custodian of the fund. Any income or proceeds received from the investment of funds shall be credited to and become part of the fund.

SECTION 6. (a) The trust is a governmental body for purposes of Sections 23A, 23B and 23C of Chapter 39 of the General Laws.

(b) The trust is a board of the city or town for purposes of G.L. Chapter 30B and Section 15A of Chapter 40; but agreements and conveyances between the trust and agencies, boards, commissions, authorities, department and public instrumentalities of the Town shall be exempt from G.L. Chapter 30B.

(d) The trust shall be deemed a municipal agency and trustees as special municipal employees for purposes of G.L. Chapter 268A."

ARTICLE 22. Will the Town authorize, but not require, the Board of Selectmen to enter into a lease for consideration on such terms as it deems in the best interest of the Town, for the use of a portion of a parcel of Town-owned land shown on Assessors' Map 61 and used as an alley way between buildings located at 116 North Street and 118 North Street, or act on anything relating thereto?
(Inserted at the request of the Hingham Development and Industrial Commission)

COMMENT: This article concerns an alley between The Snug restaurant and Hennessy's/Hingham Liquors. The alley connects North Street and the MBTA tunnel cap, and is controlled by the Town.
The owners of The Snug propose to lease the alley from the Town and construct at their expense, and subject to the usual permitting process, a patio-like deck for outdoor dining. The proposed design includes a handicapped-accessible sidewalk from North Street to the tunnel cap area, which would allow the only previous use of the alley to continue (as a walkway).

If the Selectmen were to negotiate a lease, it would generate new revenue for the Town, while retaining ownership of the property. This use of underutilized Town property has the potential to draw customers to the retail establishments in Hingham Square, and add a vibrant new element to the downtown area.

RECOMMENDED: That the Town authorize, but not require, the Board of Selectmen to enter into a lease for consideration on such terms as it deems in the best interest of the Town, for the use of a portion of a parcel of Town-owned land shown on Assessors' Map 61 and used as an alley way between buildings located at 116 North Street and 118 North Street.

ARTICLE 23. Will the Town authorize, but not require, the Board of Selectmen for consideration on such terms as it deems in the best interest of the Town, to enter into a lease with non-profit sports organizations for a portion of the parcel of land shown on Assessors' Map 46, Lot 33, and known as the Beal Street Playing Fields and the Field House, or act on anything relating thereto?

COMMENT: This article relates to the field house and playing fields located on Beal Street. This article would authorize the Board of Selectmen to enter into a lease or other arrangement with Hingham Little League and Hingham Youth Football for use of the newly constructed field house building and the refurbished fields. At the time of the publication of the warrant, the details of the arrangement were still being worked out.

RECOMMENDED: The Advisory Committee will make its recommendation at Town meeting.

ARTICLE 24. Will the Town authorize, but not require, the Board of Selectmen to enter into an agreement (1) for the regulation and authorization of parking in proximity to the public launch ramp on Lot 50 of Assessors Map 50; and (2) for the acquisition of office space, restroom facilities and public access to the Harbor at 3 Otis Street, or act on anything relating thereto?

COMMENT: This article relates to the marina property located at 3 Otis Street in Hingham Harbor. Currently, the marina, with its associated slips, needs additional parking spaces to attain compliance with zoning requirements. This article would authorize the Selectmen to enter into a lease or other arrangement to make a number of Town-owned parking spaces near the public launch ramp available for use by the marina property in return for certain improvements beneficial to the public and other consideration. At the time of the publication of the warrant, the terms of the arrangement were still under negotiation.

RECOMMENDED: The Advisory Committee will make its recommendation at Town meeting.

ARTICLE 25. Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

Item 1: Relocate Section I-I, 2 (Costs) as new subsection 3 under Section I-F (Special Permits A1 and A2) and renumber the remaining subsections of Section I-I.

Item 2: At the end of Section I-G (Special Permits with Site Plan Review), add the following sentence: "Joint hearings of the Board of Appeals and the Planning Board may be held at the discretion of the Boards."

Item 3: At the end of Section I-H (Building Permits with Site Plan Review), add the following sentence: "The provisions of Section I-D, 4 and I-F, 3 of this By-Law shall apply to all applications for Site Plan Review under this Section I-H."

Item 4: Delete Section I-I, 2 (Procedures), as renumbered per Item 1 above, its entirety, and replace therefore with the following:

"2. Procedures

The Planning Board shall review and act upon the site plan, with such conditions as may be deemed appropriate, and notify the applicant of its decision. The decision of the Planning Board shall require an affirmative vote of three members and shall be in writing.

If public notice is required, the Planning Board shall act within seventy-five (75) days of its receipt of the Site Plan Review application provided that, if the Planning Board or its review consultants have requested (no later than forty (40) days after receipt of the application) additional information or submittals from the applicant, such supplemental information shall be delivered no later than sixty (60) days after receipt of the application. If such additional information is not received by such sixtieth day, the Planning Board may extend its period of review until the date that is fifteen (15) days after receipt of all such supplemental information from the applicant. If public notice is not required, the Planning Board shall act within forty-five (45) days of its receipt of the Site Plan Review application provided that, if supplemental information requested by the Planning Board or its review consultants (no later than twenty days after receipt of the application) is not delivered to the Planning Board by the thirtieth day after receipt of the application, the Planning Board may extend its period of review until the date that is fifteen (15) days after receipt of all such supplemental information from the applicant. The foregoing timeframes do not preclude the Planning Board from requiring (after such fortieth or twentieth date, as applicable) submission of supplemental information not previously requested.

a. Application for Building Permit. An application for a building permit to perform work as set forth in Special Requirement 6 of Section IV-B shall be accompanied by an approved site plan unless the Planning Board's review (including any extensions thereto) has expired without any action by the Planning Board.
b. Application for Special Permit A2. Applications for a Special Permit A2, or any modification of a Special Permit A2, and for site plan review shall be filed simultaneously. The Board of Appeals shall not make a decision on a Special Permit A2 application until it has received the Planning Board's site plan review decision, or until the Planning Board's review period (including any extensions thereto) has expired without any action by the Planning Board.
c. The conditions imposed by the Planning Board shall be incorporated in any Special Permit A2 issued by the Board of Appeals. The Board of Appeals may add additional conditions to the issuance of a special permit, but may not remove any conditions imposed by the Planning Board or modify any condition except as follows. The Board of Appeals may propose to the Planning Board the modification or removal of a site plan condition imposed by the Planning Board. Failure of the Planning Board to issue a revision to the site plan conditions within twenty-one (21) days shall be deemed a denial of that proposal.
d. Application for Special Permit A3. Where the Planning Board serves as the special permit granting authority for proposed work, it shall consolidate its site plan review and special permit procedures.
e. The applicant may request, and the Planning Board may grant by majority vote, an extension of the time limits set forth herein.
f. A final certificate of occupancy shall not be issued until the applicant has complied with or satisfied all conditions to the Special Permit A2 or, in the case of building permits with site plan review, all conditions of the site plan review decision, except for those conditions which by their terms are intended to be satisfied after occupancy of the structures for which the certificate of occupancy is sought."
Item 5: Delete I-I, 5 (Waiver of Technical Compliance), , as renumbered per Item 1 above, in its entirety and replace therefor the following:

"5. Upon written request of the applicant, the Planning Board may waive any of the submittal requirements set forth in Section I-I, 6 deemed by the Planning Board to be not necessary for its review of the application. In addition, the Planning Board may waive other such requirements of this Section I-I, including the requirement for a public hearing, where the Planning Board determines that the project constitutes a minor site plan. In order to constitute a minor site plan, the proposed work must be limited to (a) interior renovations to a building or structure which do not include a change of use for which a Special Permit A2 or A3 is required and/or (b) modifications to the site which, in the Planning Board's determination, do not materially or adversely affect conditions governed by the site plan review standards set forth in Section I-I, 6 below.

Item 6: At Section I-I, 6 (Review Standards and Approval) , as renumbered per Item 1 above
(a) In the first sentence of Section I-I, 6, replace the words "Section 7" with "subsection 6".
(b) Delete item "d" in its entirety, and replace therefore with the following:

"d. adequacy of open space and setbacks, including adequacy of landscaping of such areas;"

(c) Delete item "g" in its entirety, and replace therefore with the following:

"g. assurance of positive stormwater drainage and snow-melt run-off from buildings, driveways and from all parking and loading areas on the site, and prevention of erosion, sedimentation and stormwater pollution and management problems through site design and erosion controls in accordance with the most current versions of the Massachusetts Department of Environmental Protection's Stormwater Management Policy and Standards, and Massachusetts Erosion and Sediment Control Guidelines."

Item 7: At Section I-I, 7 (Lapse), as renumbered per Item 1 above, change "one year" to "two years".

Item 8: At Section I-J (Planning Board-Special Permit A3)

(a) Delete subsection 1 (Powers) in its entirety and replace therefore with the following:

"1. Powers

The Planning Board shall have the power to hear and decide an application for a Special Permit A3 for uses in specified districts that are in harmony with the general purposes and intent of this By-Law. A Special Permit A3 shall be subject to any general or specific rules prescribed herein and to any appropriate conditions, safeguards, and limitations on time and use. One associate member of the Planning Board shall be appointed in the manner herein provided for a term of one (1) year to act on Special Permit A3 applications if necessary. The associate member of the Planning Board shall be appointed by the following procedure: (a) the Planning Board shall appoint a then current associate member of the Board of Appeals; or (b) if no then current associate member of the Board of Appeals is appointed by the Planning Board, the Planning Board and the Board of Selectmen shall jointly appoint an associate member to the Planning Board, provided that preference shall be given to former Planning Board members and former regular or associate members of the Board of Appeals. No member of the Planning Board shall act on any matter in which the member may have a personal or financial interest, and in such event, the associate member shall be designated to serve on the Planning Board and to act upon the matter."

(b) At subsection 2 (Fees), change the heading to "Fees and Costs" and insert, after the words "Section I-D,4" the words "and I-F,3".

"6. Lapse.
Except for good cause, a Special Permit A3 shall lapse in two (2) years after the date of issue, or such shorter period as may be specified by the Planning Board, which shall not include any time required to pursue or await the determination of an appeal pursuant to Massachusetts General Laws, Chapter 40A, Section 17."
Or act on anything related thereto?
(Inserted at the request of the Planning Board)

COMMENT: At the 2006 Town meeting the Zoning Permit Study Committee (ZPSC) was established to study the Zoning by-law provisions relative to Special Permits and such other regulatory measures that might be utilized to manage Town growth; and the respective roles of the Planning Board and the Zoning Board of Appeals. As a result of their work the ZPSC in collaboration with the Planning Board has submitted this article in order to clarify the process for Site Plan Review, and to better coordinate it with the Special Permit A2 process. The article includes various changes to sections I-G (Special Permits with Site Plan Review) and I-I (Site Plan Review) of the Zoning By-Law, and would also modify Section I-J (Special Permits A3) to allow for the appointment of an associate planning board member to act on Special Permit A3 applications if necessary. The Planning Board voted unanimously to recommend favorable action on 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:

Item 1: Relocate Section I-I, 2 (Costs) as new subsection 3 under Section I-F (Special Permits A1 and A2) and renumber the remaining subsections of Section I-I.

Item 4: Delete Section I-I, 2 (Procedures), as renumbered per Item 1 above, its entirety, and replace therefor with the following:

"2. Procedures

Applicants for site plan approval shall submit seven (7) copies of the site plan to the Planning Board for review, and shall at the same time also submit a copy of the site plan to each of the Board of Health, Building Commissioner, Conservation Commission, Department of Public Works, Fire Department and Police Department for their advisory review and comments. Notice of a site plan review hearing in connection with any application also requiring a Special Permit A2 from the Board of Appeals shall be given in accordance with M.G.L. c. 40A, section 11.
The Planning Board shall review and act upon the site plan, with such conditions as may be deemed appropriate, and notify the applicant of its decision. The decision of the Planning Board shall require an affirmative vote of three members and shall be in writing.

If public notice is required, the Planning Board shall act within seventy-five (75) days of its receipt of the Site Plan Review application, provided that, if the Planning Board or its review consultants have requested (no later than forty (40) days after receipt of the application) additional information or submittals from the applicant, such supplemental information shall be delivered no later than sixty (60) days after receipt of the application. If such additional information is not received by such sixtieth day, the Planning Board may extend its period of review until the date that is fifteen (15) days after receipt of all such supplemental information from the applicant. If public notice is not required, the Planning Board shall act within forty-five (45) days of its receipt of the Site Plan Review application, provided that, if supplemental information requested by the Planning Board or its review consultants (no later than twenty days after receipt of the application) is not delivered to the Planning Board by the thirtieth day after receipt of the application, the Planning Board may extend its period of review until the date that is fifteen (15) days after receipt of all such supplemental information from the applicant. The foregoing timeframes do not preclude the Planning Board from requiring (after such fortieth or twentieth date, as applicable) submission of supplemental information not previously requested.
a. Application for Building Permit. An application for a building permit to perform work as set forth in Special Requirement 6 of Section IV-B shall be accompanied by an approved site plan unless the Planning Board's review (including any extensions thereto) has expired without any action by the Planning Board.
b. Application for Special Permit A2. Applications for a Special Permit A2, or any modification of a Special Permit A2, and for site plan review shall be filed simultaneously. The Board of Appeals shall not make a decision on a Special Permit A2 application until it has received the Planning Board's site plan review decision, or until the Planning Board's review period (including any extensions thereto) has expired without any action by the Planning Board.
c. The conditions imposed by the Planning Board shall be incorporated in any Special Permit A2 issued by the Board of Appeals. The Board of Appeals may add additional conditions to the issuance of a special permit, but may not remove any conditions imposed by the Planning Board or modify any condition except as follows. The Board of Appeals may propose to the Planning Board the modification or removal of a site plan condition imposed by the Planning Board. Failure of the Planning Board to issue a revision to the site plan conditions within twenty-one (21) days shall be deemed a denial of that proposal.

d. Application for Special Permit A3. Where the Planning Board serves as the special permit granting authority for proposed work, it shall consolidate its site plan review and special permit procedures.
e. The applicant may request, and the Planning Board may grant by majority vote, an extension of the time limits set forth herein.
f. A final certificate of occupancy shall not be issued until the applicant has complied with or satisfied all conditions to the Special Permit A2 or, in the case of building permits with site plan review, all conditions of the site plan review decision, except for those conditions which by their terms are intended to be satisfied after occupancy of the structures for which the certificate of occupancy is sought."

Item 5: Delete I-I, 5 (Waiver of Technical Compliance), , as renumbered per Item 1 above, in its entirety and replace therefor the following:

Item 6: At Section I-I, 6 (Review Standards and Approval) , as renumbered per Item 1 above

(a) In the first sentence of Section I-I, 6, replace the words "Section 7" with "subsection 6".
(b) Delete item "d" in its entirety, and replace therefor with the following:

"d. adequacy of open space and setbacks, including adequacy of landscaping of such areas;"

(c) Delete item "g" in its entirety, and replace therefor with the following:
"g. assurance of positive stormwater drainage and snow-melt run-off from buildings, driveways and from all parking and loading areas on the site, and prevention of erosion, sedimentation and stormwater pollution and management problems through site design and erosion controls in accordance with the most current versions of the Massachusetts Department of Environmental Protection's Stormwater Management Policy and Standards, and Massachusetts Erosion and Sediment Control Guidelines."

Item 7: At Section I-I, 7 (Lapse), as renumbered per Item 1 above, change "one year" to "two years".

Item 8: At Section I-J (Planning Board-Special Permit A3)

(a) Delete subsection 1 (Powers) in its entirety and replace therefore with the following:

"1. Powers
The Planning Board shall have the power to hear and decide an application for a Special Permit A3 for uses in specified districts that are in harmony with the general purposes and intent of this By-Law. A Special Permit A3 shall be subject to any general or specific rules prescribed herein and to any appropriate conditions, safeguards, and limitations on time and use. One associate member of the Planning Board shall be appointed in the manner herein provided for a term of one (1) year to act on Special Permit A3 applications if necessary. The associate member of the Planning Board shall be appointed by the following procedure: (a) the Planning Board shall appoint a then current associate member of the Board of Appeals; or (b) if no then current associate member of the Board of Appeals is appointed by the Planning Board, the Planning Board and the Board of Selectmen shall jointly appoint an associate member to the Planning Board, provided that preference shall be given to former Planning Board members and former regular or associate members of the Board of Appeals. No member of the Planning Board shall act on any matter in which the member may have a personal or financial interest, and in such event, the associate member shall be designated to serve on the Planning Board and to act upon the matter."

(b) At subsection 2 (Fees), change the heading to "Fees and Costs" and insert, after the words "Section I-D,4" the words "and I-F,3".