Annual Town Meeting Articles, April 27, 2009

PDF Format 2009 Warrant

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-seventh day of April 2008 at SEVEN o’clock in the evening, Then and thereto 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, 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 in memory of his mother, “...to be expended in relieving the necessities of the deserving poor or unfortunate of South Hingham..." 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, 2008, the fund assets totaled $17,552, of which $2,552 is available for distribution. The principal of $15,000 is held in trust and is not available for distribution.

RECOMMENDED: That Louis S. Belknap, 437 Main Street, 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.

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?

COMMENT: Plymouth County Cooperative Extension Service provides Plymouth County residents research-based information in the following areas: agriculture and landscape; family development; nutrition education; natural resources; and, environmental conservation. The group works with the UMass Amherst Faculty and Extension staff; UMass Extension; and the United States Department of Agriculture. The Extension Service also supports the 4-H Youth program. The Extension System is supported by County, Federal and State funds, and operates under Federal and State laws and agreements.

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: Affordable Housing Trust; 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; 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, and commissions 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 posts and committees be continued, except that the Zoning Permits Study Committee and the Central Fire Station Building 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; 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 Zoning Permits Study Committee and the Central Fire Station Building Committee be discharged with thanks.

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

COMMENT: This article provides funds to pay for as yet undetermined financial obligations of the Town relating to salary increases, fringe benefit changes, and job reclassifications for non-School Department employees who either are not in a collective bargaining unit or who are covered by a collective bargaining agreement not yet concluded.

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, 2009 or as otherwise specified in said report or agreements; that the Town raise and appropriate the sum of $225,000 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. Selectmen2. Treasurer/Collector3. Assessors4. Town Clerk5. Municipal Light Board;or act on anything relating thereto?

RECOMMENDED: That, subject to the proviso below, the salary from July 1, 2009 through June 30, 2010 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 and Grade 17, respectively, of the Town of Hingham Classification and Salary 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.
1 Town 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, 2009, 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, 2009, 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; and provided that any amount or a portion thereof appropriated to a sub-account under and included in a numbered account as set forth below may be transferred to another sub-account under the same numbered account with the approval of the Board of Selectmen and the Advisory Committee.

ARTICLE 7. Will the Town appropriate, from the receipts of the Hingham Municipal Lighting Plant, money for the maintenance and operation of the Plant for the 12-month period commencing July 1, 2009, 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 $487,208 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, 2009, 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 section 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 (“DCR”), as a matter of policy, requires the Town to assume liability if it is to perform any of this type of work within the Town. In accordance with the statute, the Town would assume liability for all damages to property suffered by any person as a result of such work performed by the DCR.
RECOMMENDED: That the Town, in accordance with, and to the extent only permitted by, General Laws, Chapter 91, Section 29, as amended, assume liability for all damages that may be incurred by work to be performed by the Department of Conservation and Recreation of the Commonwealth of Massachusetts for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, harbors, tide waters, foreshores and shores along a public beach within the Town, in accordance with Section 11 of said Chapter 91, and 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 thereto?

COMMENT: The purpose of this article is to continue the “Building Department Revolving Fund”, which provides payments to the Assistant Building Inspectors for their services of electrical, gas & plumbing inspections. For the fiscal year ended June 30, 2008, the fund had $247,314 in revenues and $211,552 in expenditures. For the six–month period ended December 31, 2008, the fund had $85,312 in revenues and $77,131 in expenditures.

RECOMMENDED: That, in accordance with the provisions of Massachusetts General Laws, Chapter 44, Section 53E ½, 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. Monies shall be spent primarily to compensate such inspectors for their services. The Building Commissioner shall be authorized to spend monies from the fund. The amount that may be spent from the fund shall be limited to $350,000 during Fiscal Year 2010.

ARTICLE 10. 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, a warrant article such as this proposes that the Town set aside money for the dredging of Hingham’s inner harbor. Dredging is scheduled to commence in the fall of 2009. The Town’s cost is expected to be approximately 25% of the total, with state and federal funds providing the remaining 75%. Funds previously set aside in the Town’s Dredging Fund are expected to cover the Town’s share of the cost to dredge in 2009. The next dredging will occur in approximately 2021. A reasonable estimate of the Town’s share of the cost of that dredging, based on historical trends, is $1,600,000. Therefore, approximately $130,000 a year for each of the next twelve years will be required to fund the Town’s share of dredging in approximately 2021.

Funds to be placed in the Dredging Fund for the 2021dredging would come from two sources. The first is the Town’s Waterways Fund, which is funded by marine excise taxes assessed upon Hingham boat owners. Under Massachusetts General Laws, one-half of the collections from marine excise taxes must be used for waterways improvements, and are accordingly placed in the Town’s Waterways Fund. The remaining half of marine excise tax revenue is general revenue to the Town. The second source of funds for the Dredging Fund would be from mooring permit fees, which the Selectmen have increased. It is expected that this increase will generate annual revenues in excess of $100,000.

RECOMMENDED: That the Town transfer $30,000 from the Waterways Fund to the Dredging Fund, such account to be used for the future dredging of Hingham’s inner harbor, that the Town raise and appropriate the sum of $100,000 to be transferred to the Dredging Fund, such account to be used for the future dredging of Hingham’s inner harbor and that the Town accept and credit said account with funds from the State and Federal Governments for the same purpose.

ARTICLE 11. 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 2009, or act on anything relating thereto?

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

ARTICLE 12. 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 a prior Town Meeting vote, the proceeds from the sale of the old school administration building, municipal light plant building and the former police station were deposited to 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 2010 tax rate.

RECOMMENDED: That the Town transfer the sum of $ 111,486 from the Stabilization Fund for the purpose of reducing the fiscal year 2010 tax rate.

ARTICLE 13. Will the Town transfer from available funds a sum of money 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, or act on anything related thereto?

COMMENT: In December 2005, the Hingham Municipal Light Plant (HMLP) transferred approximately $3.9 million of invested pension reserves to the Town’s general fund. These moneys are ultimately expected to be allocated, at the direction of the Light Board, for the benefit of HMLP employees’ pension and post-retirement medical benefits. The effect of this article is to reimburse the HMLP for the investment income earned on pension reserves in the now closed 2008 fiscal year.

RECOMMENDED: That the Town transfer from available funds the sum of $92,919.63 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 14. . Will the Town raise and appropriate, borrow or transfer from available funds a sum of money for the design and construction of an additional sewer system, and authorize the Sewer Commission to proceed with the construction of same along a portion of lower Central Street between Elm Street and South Street, or act on anything relating thereto?

COMMENT: The Sewer Department has been approached by five residents on lower Central Street requesting an extension of the sewer system to service their properties. Proximity to Town Brook and relatively small lot sizes prevent relocation of existing septic systems, thereby limiting owners from making property additions or modifications.

In September, 2007, the Board of Selectmen approved a Grant of Location request from the Sewer Commission to install a 60’ sewer-main extension from South Street up Central Street. The $12,000 cost for this approved extension was borne by four of the residents.

All seven of the residents affected by the requested extension have been formally notified of the estimated cost, $65,000 - $125,000, which would be recouped through 20-year betterments on each affected property. Borrowing costs for the sewer extension have not yet been determined.

RECOMMENDED: That the Town appropriate $125,000 for the construction of sewers on lower Central Street between Elm Street and South Street, and to accomplish such action, the Town: (1) authorize and empower the Sewer Commission to contract for design, engineering and construction services for such sewerage facilities; and (2) authorize the Sewer Commission and/or the Board of Selectmen to impose betterment assessments upon property benefited by such sewer systems; and (3) to meet this appropriation, the Treasurer/Collector be, and hereby is, authorized to borrow $125,000 under and pursuant to Chapter 44, Section 7(1) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor, and that in connection with this borrowing, any or all of such amount may be borrowed through the Massachusetts Water Pollution Abatement Trust established pursuant to Massachusetts General Laws, c.29C, as amended (the “Trust”), and in connection therewith, the Selectmen and any other appropriate Town officers are authorized to enter into a loan agreement and/or security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to any such loan and for any federal or state aid available for the project or for the financing thereof.

ARTICLE 15. Will the Town raise and appropriate, borrow or transfer from available funds a sum of money for the design and construction of an additional sewer system, and authorize the Sewer Commission to proceed with the construction of same along a portion of Thaxter Street, or act on anything relating thereto?

COMMENT: The Sewer Department has been approached by six residents on Thaxter Street requesting an extension of the sewer system to service their properties. Drainage problems associated with water run-off prevent the installation of new septic systems which conform to Title V requirements. All eight property-owners affected by the proposed sewer extension have been formally notified of the estimated cost, $150,000 - $250,000, which would be recouped through 20-year betterments on each affected property. Borrowing costs for the sewer extension have not yet been determined.

RECOMMENDED: That the Town appropriate $250,000 for the construction of sewers on Thaxter Street, and to accomplish such action, the Town: (1) authorize and empower the Sewer Commission to contract for design, engineering and construction services for such sewerage facilities; and (2) authorize the Sewer Commission and/or the Board of Selectmen to impose betterment assessments upon property benefited by such sewer systems; and (3) to meet this appropriation, the Treasurer/Collector be, and hereby is, authorized to borrow $125,000 under and pursuant to Chapter 44, Section 7(1) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor, and that in connection with this borrowing, any or all of such amount may be borrowed through the Massachusetts Water Pollution Abatement Trust established pursuant to Massachusetts General Laws, c.29C, as amended (the “Trust”), and in connection therewith, the Selectmen and any other appropriate Town officers are authorized to enter into a loan agreement and/or security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to any such loan and for any federal or state aid available for the project or for the financing thereof.

ARTICLE 16. Will the Town rescind all or a portion of the debt authorized by vote under Article 15 of the Warrant for the 2008 Annual Town Meeting, or act on anything relating thereto?

COMMENT: This article would rescind authorized but as yet unissued debt relating to the replacement of the Mill Street Pumping Station. The Sewer Department has funded the replacement without the need for the issuance of debt. Consequently, the Town has no need to borrow these funds.
RECOMMENDED: That the Town rescind the unissued debt of $380,000 authorized by vote under Article 15 of the Warrant for the 2008 Annual Town Meeting.

ARTICLE 17. Will the Town appropriate a sum of money from the Community Preservation Historic Resources Reserve, such amount to be expended under the direction of the Community Preservation Committee, for architectural conservation surveys of the Old Ordinary and Old Derby Academy?

COMMENT: In April 2005 Town Meeting approved $40,000 from the Community Preservation Fund for an architectural conservation survey of Old Ship Church. Likewise, the Hingham Historical Society now proposes to undertake Historic Structures Reports for each the Old Ordinary, a historic home and tavern located at 21 Lincoln Street, and Old Derby Academy, a Federal-era school building located at 34 Main Street. Neither structure has undergone a comprehensive survey taking into account architecture, engineering, materials, historical context and appearance. Both structures are owned by the Hingham Historical Society. This is the first significant request by the Hingham Historical Society for funds from the Community Preservation Fund.

The Old Ordinary and Old Derby Academy currently play an active role in the cultural and social life of Hingham, as they have during the Town’s prior centuries. Both structures are open regularly for public enjoyment and events. They each also contain irreplaceable collections of historic Hingham art, artifacts and documents. Heavier public use of these buildings is predicted in future years, and preservation and upgrades of these buildings are necessary in order to maintain these two unique structures. Obtaining Historic Structure Reports on each of these buildings will help the Hingham Historical Society in its ability to successfully secure preservation funds from state and federal agencies, foundations and private donations, thus allowing the Hingham Historical Society to make the best-informed decisions and perform necessary changes for the long-term preservation and use of these two sites.

RECOMMENDED: That the Town appropriate $60,000 from the Community Preservation Historic Resources Reserve, such amount to be expended under the direction of the Community Preservation Committee, for architectural conservation surveys of the Old Ordinary and Old Derby Academy.

ARTICLE 18. Will the Town appropriate a sum of money from the Community Preservation Community Housing Reserve to be used by the Hingham Housing Authority for the purchase of new boilers for the Thaxter Park Housing Development, or act on anything relating thereto?

COMMENT: The Thaxter Park Housing Development is a state-subsidized elderly housing facility. The state has not provided the Hingham Housing Authority with an increase in its operating budget for close to fifteen years and as a result has not been able to fund a capital expenditures budget to replace the boilers. If a boiler fails the Housing Authority will request and receive emergency funds to replace the boiler, but has to incur costs associated with temporary housing for the impacted residents. The money requested is $88,000 and would allow for replacement of 16 boilers.

The Advisory Committee is sympathetic to the needs of the Housing Authority and the residents of Thaxter Park. However, the Committee believes the upkeep of Thaxter Park is a state responsibility and by using CPC funds we are committing Town funds to pay for what we conclude to be a state liability.

RECOMMENDED: That no action be taken on this article.

ARTICLE 19. Will the Town appropriate a sum of money from the Community Preservation Historic Resources Reserve and transfer such amount to the Historical Commission Preservation Projects Fund, or act on anything related thereto?

COMMENT: This Article authorizes a block grant from available CPA funds of $62,500 to the Hingham Historical Commission's Preservation Projects Fund to be spent for historic preservation priorities in keeping with the requirements of the CPA. This Fund is administered by the Town Treasurer. The CPA requires that the Town annually allocate for expenditure at least 10% of annual CPA revenues (including the State match) for the acquisition, preservation, rehabilitation and restoration of historic resources. Examples of potential historic preservation projects to be undertaken during the coming fiscal year using these block grant funds include surveying local historic districts, preserving the Bell Tower located next to Old Ship Church, erecting local and national historic district markers as well as acquiring preservation easements. The block grant will enable this Commission to fulfill its statutory mission to preserve and protect historic and cultural assets of the Town. This Article was unanimously approved by the Historical Commission and the Board of Selectmen.

RECOMMENDED: That the Town appropriate $62,500 from the Community Preservation Historic Resources Reserve and transfer such amount to the Historical Commission Preservation Projects Fund.

ARTICLE 20. Will the Town appropriate $100,000 from the Community Preservation Open Space Reserve for deposit to the Town’s Conservation Fund established pursuant to M.G.L. Chapter 40, Section 8C, for use by the Conservation Commission for the purchase of land, capital improvements to such land and expenses directly related to such acquisitions (surveys, engineering studies and other expenses), to make deposits or down payments toward acquisition or creation of such interests in open space and to otherwise preserve open space, or act on anything relating thereto?

COMMENT: The Community Preservation Act ("CPA") is a local option statute enacted by the Legislature in 2000, which enables towns to collect and expend funds (including matching funds provided by the State) to maintain the character of the town by supporting open space, affordable housing and historic preservation initiatives specifically defined by the CPA. Under the CPA, at least 10% of annual revenues (including the State match), must be spent or set aside for open space initiatives. Since the adoption of the CPA by the Annual Town Meeting in 2001, each and every CPA expenditure has come before Town Meeting for ratification. This Article alters that approach in that it authorizes the transfer of a $100,000 "block grant" to the Town's Conservation Fund to be spent on Conservation Commission established priorities consistent with the requirements of the CPA. For the coming fiscal year, the Commission's most pressing priority is the restoration of Foundry Pond. Foundry Pond is located at the end of Kilby Street and is a part of the Weir River watershed. The influx of silt and the growth of invasive species threaten the destruction of the pond, which is essential for upstream drainage as well as for preservation of a diverse wildlife habitat. The Conservation Fund is administered by the Town Treasurer. This Article received unanimous approval from the Conservation Commission and the Board of Selectmen.

RECOMMENDED: That the Town appropriate $100,000 from the Community Preservation Open Space Reserve for deposit to the Town’s Conservation Fund established pursuant to M.G.L. Chapter 40, Section 8C, for use by the Conservation Commission for the purchase of land, capital improvements to such land and expenses directly related to such acquisitions (surveys, engineering studies and other expenses), to make deposits or down payments toward acquisition or creation of such interests in open space and to otherwise preserve open space.

ARTICLE 21. Will the Town appropriate a sum of money from the Community Preservation Open Space Reserve to be used for the acquisition by the Hingham Conservation Commission for conservation purposes of Lot 11, Map 64, known as 210 East Street, consisting of approximately 4.1 acres, and authorize and direct the Conservation Commission to complete such acquisition, or act on anything relating thereto?

COMMENT: The proposed acquisition relates to a parcel of land at 210 East Street, near Weir River Farm. The land is an open field visible to passers-by, and in most years is used for growing corn or hay. The owner of the field, Michael Cushing, lives in the Cushing Homestead, a colonial-era farmhouse next to the field. The framing of Mr. Cushing’s barn is believed to be the oldest extant in Massachusetts. Mr. Cushing desires to sell the field and prefers that it remain in its historic, scenic condition rather than be developed. After its acquisition by the Town, the field will be maintained at no cost to the Town, and Town residents will be free to come upon the field to enjoy its beauty and historic aspect. Mr. Cushing has offered to sell the field to the Town for $700,000, which reflects a substantial discount from the field’s recently appraised value of $920,000. In connection with the proposed purchase and sale, Mr. Cushing would also gift to the Town a nearby parcel of land consisting of approximately 5 acres of woodlands, and would submit to a preservation restriction on the alteration of his family home, so that the home and field together survive as a glimpse of Hingham in its earliest days.

RECOMMENDED: That the Town appropriate $700,000 from the Community Preservation Open Space Reserve to be used for the acquisition, by the Hingham Conservation Commission, for conservation purposes, of Lot 11, Map 64, known as 210 East Street, consisting of approximately 4.1 acres, and that the Town authorize and direct the Conservation Commission to complete such acquisition, provided that the seller of said parcel makes an associated gift to the Town of approximately 5 acres of nearby woodlands and conveys to the Town a mutually acceptable preservation restriction on the Cushing Homestead.

ARTICLE 22. Will the Town amend the surcharge on real property of 1.5% of the real estate tax levy against real property, as determined annually by the Town’s Board of Assessors, authorized pursuant to the Town’s acceptance on April 28, 2001 of Sections 3 through 7, inclusive, of c.44B of the General Laws of Massachusetts, also known as the Community Preservation Act, by reducing the surcharge from 1.5% to .24% or act on anything relating thereto?
(Inserted at the request of Russell Reeves and others)

COMMENT: In April 2001 the Town voted to accept the Community Preservation Act establishing a Community Preservation Fund devoted to the acquisition, creation and preservation of open space (including open space for recreational use), historic resources, and low and moderate income housing. The source of revenue for this fund is a 1.5% surtax on town real estate taxes and matching state grants.

In fiscal 2008, Hingham taxpayers contributed $663,817 to this fund and the state contributed $448,874. Up until last year the state has matched 100% of the Town contribution. Further reductions in this state grant are anticipated in 2009 as the state moneys to make this contribution come from state surcharges on real estate transactions. However, recent legislation has been filed seeking to establish a dedicated funding source to make the state grant at least 75% of the community contribution.

The current CPC surcharge costs the owner of an average assessed home in Hingham about $80 annually. Adoption of this article would reduce this cost to $16.75, for an annual tax reduction of $63.25.

Adoption of this article would reduce property taxes for Hingham homeowners but significantly limit the resources and capabilities of the Community Preservation Committee program. It would also reduce the available state matching funds. Given the cost of open space real estate in Hingham, the cost to buy, build or develop affordable housing and the large inventory of historic resources, the proposed reduction in the surcharge would make meaningful efforts in these areas limited.

If adopted, a change in the CPC surcharge would take effect beginning July 1, 2010 for the Town’s 2011 fiscal year.

RECOMMENDED: That no action be taken on this article.

ARTICLE 23. Will the Town appropriate a sum of money for events to celebrate the 375th anniversary of the founding of the Town of Hingham to be expended under the direction of the 375th Anniversary Committee, or act on anything relating thereto?

COMMENT: The Hingham 375th Anniversary Committee requires $35,000 to initiate work on the anniversary celebration. The committee plans to repay the town the $35,000 through revenues generated from donations, the sale of items purchased with the appropriated money and from tickets sold to events organized by the committee.

RECOMMENDED: That the sum of $35,000 be and hereby is transferred from available funds for the use of the Hingham 375th Anniversary Committee.

ARTICLE 24. Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

Item 1 At Section III-H, change the title from “Nonconforming Uses” to “Nonconforming Uses and Structures.”
Item 2 At Section VI (Definitions):

A. Replace the entire definition for “Single-Family Detached House” with the following:

“Single-Family Dwelling
a free-standing dwelling, excluding house trailers and mobile homes, intended and designed to be occupied as a single dwelling unit. For all purposes in the By-law, including the provisions set forth in Section III-H, Single-Family Dwellings shall include attached garages, or other fully enclosed, attached structures, whether heated or unheated, connected to the primary structure.”

B. Replace the entire definition for “Two-Family House” with the following:

“Two-Family Dwelling
a dwelling intended and designed to be occupied as two separate dwelling units. For all purposes in the By-law, including the provisions set forth in Section III-H, Two-Family Dwellings shall include attached garages, or other fully enclosed, attached structures, whether heated or unheated, connected to the primary structure.”

Item 3 Throughout the Zoning By-Law, replace the following terms with the term “Single-Family Dwelling”:
single-family detached dwelling
single family detached dwelling
single-family dwelling
single family dwelling
single-family residence
single-family residential
single-family residential building or structure
single-family residential use
single-residential use
single-unit dwelling

Item 4 Throughout the Zoning By-Law, replace the following terms with the terms “Two-Family Dwelling”:
two-family dwelling
two family dwelling
two-family residential dwelling
two-family residential building or structure

Or act on anything related thereto?
(Inserted at the request of the Planning Board)

COMMENT: At the 2004 Annual Town Meeting, the Zoning By-law was amended to allow home-owners to make fuller use of existing accessory structures, such as un-heated garages and barns, including those that extend into required setbacks. The rationale for the amendment was that allowing fuller use of these structures, such as for conversion to finished, heated space, would give home-owners the ability to economically modify the use of their properties without forcing them to build expensive new additions, and without indirectly encouraging the abandonment or demolition of the older accessory structures. The language of the 2004 amendment did not specifically address whether an accessory structure was assumed to be attached to the primary structure or detached from it, and this has led to the interpretation by enforcement officials that the provisions of the 2004 amendment apply only to detached accessory structures. The purpose of this proposed new amendment is to specifically provide the same opportunities for fuller use of attached, non-conforming, accessory structures as are now allowed for detached accessory structures. The amendment also provides for uniform use of the terms “Single-Family Dwelling” and “Two-Family Dwelling” throughout the By-law.
This proposed amendment will not change the basic types of uses currently allowed in the various zoning districts, nor will it have any impact on the allowed use of conforming accessory structures, attached or detached.
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 III-H, change the title from “Nonconforming Uses” to “Nonconforming Uses and Structures.”
Item 2 At Section VI (Definitions):

A. Replace the entire definition for “Single-Family Detached House” with the following:

“Single-Family Dwelling
a free-standing dwelling, excluding house trailers and mobile homes, intended and designed to be occupied as a single dwelling unit. For all purposes in the By-law, including the provisions set forth in Section III-H, Single-Family Dwellings shall include attached garages, or other fully enclosed, attached structures, whether heated or unheated, connected to the primary structure.”

B. Replace the entire definition for “Two-Family House” with the following:
“Two-Family Dwelling
a dwelling intended and designed to be occupied as two separate dwelling units. For all purposes in the By-law, including the provisions set forth in Section III-H, Two-Family Dwellings shall include attached garages, or other fully enclosed, attached structures, whether heated or unheated, connected to the primary structure.”

Item 3 Throughout the Zoning By-Law, replace the following terms with the term “Single-Family Dwelling”:
single-family detached dwelling
single family detached dwelling
single-family dwelling
single family dwelling
single-family residence
single-family residential
single-family residential building or structure
single-family residential use
single-residential use
single-unit dwelling
Item 4 Throughout the Zoning By-Law, replace the following terms with the terms “Two-Family Dwelling”:
two-family dwelling
two family dwelling
two-family residential dwelling
two-family residential building or structure

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 Throughout the entire Section IV-D, replace the term “Town House” with the term “Two-Family Dwelling.”

Item 2 At Section IV-D, (2), Definitions, at the term “Low or Moderate Income Housing” replace the minimum specifications for Town House with the following minimum specifications for Two-Family Dwelling:

“Two-Family Dwelling
Gross Floor Area: 2,400 SF
# Bedrooms 4 (2 per dwelling unit)
Garage Spaces 2 (one per dwelling unit)”

Item3 At Section IV-D, (2) Definitions, at the term “Moderately-Sized Home”, replace the maximum specifications for Town House with the following maximum specifications for Two-Family Dwelling:

“Two-Family Dwelling
Gross Floor Area: 3,000 SF
# Bedrooms 6 (3 per dwelling unit)
Garage Spaces 4 (two per dwelling unit)”

Item 4 At Section IV-D, (3), Eligibility, replace item (a) in its entirety with the following:

“Sites containing a minimum of three (3) acres and a Conventional Yield of not less than three (3), provided, however, that no Additional Dwelling Units (as defined in Section IV-D, 7) shall be permitted on sites containing less than five acres.

Item 5 At Section IV-D (10) add a new subsection (g):

“For Two-Family Dwellings, the exterior design of the structure shall maintain the appearance and character of a Single-Family Dwelling.”
Or act on anything related thereto?
(Inserted at the request of the Planning Board)

COMMENT: The current minimum site area for a Flexible Residential Development is five acres. The proposed amendment would reduce this minimum acreage to three acres, thereby allowing smaller sites to qualify as FRD sites. The amendment also eliminates townhouses from the list of acceptable building types in an FRD, while adding two-family dwellings as allowed building types in an FRD. Finally, the amendment would limit density bonuses to FRD sites of five acres or more in area.

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 Throughout the entire Section IV-D, replace the term “Town House” with the term “Two-Family Dwelling.”

Item 2 At Section IV-D, (2), Definitions, at the term “Low or Moderate Income Housing” replace the minimum specifications for Town House with the following minimum specifications for Two-Family Dwelling:

“Two-Family Dwelling
Gross Floor Area: 2,400 SF
# Bedrooms 4 (2 per dwelling unit)
Garage Spaces 2 (one per dwelling unit)”

Item3 At Section IV-D, (2) Definitions, at the term “Moderately-Sized Home”, replace the maximum specifications for Town House with the following maximum specifications for Two-Family Dwelling:

“Two-Family Dwelling
Gross Floor Area: 3,000 SF
# Bedrooms 6 (3 per dwelling unit)
Garage Spaces 4 (two per dwelling unit)”

Item 4 At Section IV-D, (3), Eligibility, replace item (a) in its entirety with the following:

“Sites containing a minimum of three (3) acres and a Conventional Yield of not less than three (3), provided, however, that no Additional Dwelling Units (as defined in Section IV-D, 7) shall be permitted on sites containing less than five acres.

Item 5 At Section IV-D (10) add a new subsection (g):

“For Two-Family Dwellings, the exterior design of the structure shall maintain the appearance and character of a Single-Family Dwelling.”

ARTICLE 26. Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

Item 1 At Section I-I (4), Submittal Requirements,

A. Add the following new item (i) and re-designate the current item (i) as item (j):

i. Site Lighting Plan showing the location, height, photometrics, orientation, and specifications for all outdoor site lighting, including information on the intensity and range of illumination for each source of light proposed.

B. Remove from item (e) the word “lighting”.

Item 2 Replace Section I-I (6) (a) in its entirety with the following:

“Protection of abutting properties against detrimental uses by provision for surface water drainage, fire hydrant locations, sound and site buffers, and preservation of views, light and air, and protection of abutting properties from negative impacts from artificial outdoor site lighting.”

Or act on anything related thereto?
(Inserted at the request of the Planning Board)

COMMENT: The proposed amendment adds a submittal requirement for a detailed description of proposed site lighting during the Site Plan Review process. The purpose of the added requirement is to help to ensure that negative impacts of site lighting on adjacent properties will be minimized. Site Plan Review is rarely required for individual single-family dwelling projects, and this amendment is primarily intended to address site lighting for commercial and other larger scale construction projects.

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 I-I (4), Submittal Requirements,

A. Add the following new item (i) and re-designate the current item (i) as item (j):

i. Site Lighting Plan showing the location, height, photometrics, orientation, and specifications for all outdoor site lighting, including information on the intensity and range of illumination for each source of light proposed.

B. Remove from item (e) the word “lighting”.

Item 2 Replace Section I-I (6) (a) in its entirety with the following:

“Protection of abutting properties against detrimental uses by provision for surface water drainage, fire hydrant locations, sound and site buffers, and preservation of views, light and air, and protection of abutting properties from negative impacts from artificial outdoor site lighting.”

ARTICLE 27: 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, by removing from Business District “B,” and including in Residential District “A,” the land contained on Assessors’ Map 38, Lot 103, and described as follows, to wit:
All that certain tract piece, or parcel of land, situate, lying and being in the Town of Hingham, State of Massachusetts, more particularly bounded and described as follows: Beginning at the point formed by the intersection of the southeasterly side of the Broad Cove Road with the northerly side of Lincoln Street; running thence easterly along the northerly side of Lincoln Street the following courses and distances; south eighty-six (86) degrees, forty-five (45) minutes, twenty (20) seconds east twelve and twenty-four one-hundredths (12.24) feet; south eighty-six (86) degrees, seven (7) minutes, fifty (50) seconds east one hundred and eight (108) feet; thence easterly on a curve tangent to the last mentioned course with a radius of four hundred and fifty (450) feet a distance of one hundred and seven and sixteen one-hundredths (107.16) feet; thence easterly on a tangent to the last mentioned course south seventy-two (72) degrees, twenty-nine (29) minutes, ten (10) seconds east seventy (70) feet; thence north six (6) degrees, forty four (44) minutes, fifty (50) seconds, east one hundred and seventy-two and ten one-hundredths (172.10) feet to the southeasterly side of the Broad Cove Road; thence south sixty-eight (68) degrees, thirty-eight (38) minutes thirty (30) seconds west along the Broad Cove Road three hundred and thirty-five (335) feet to the point of beginning, or act on anything relating thereto?

COMMENT: The Board of Selectmen submitted this article to rezone the parcel of land on Lincoln Street formerly used as the Hingham Police Station from Business B to Residence A, the zoning district of the surrounding neighborhood. Under a 99-year lease between the Town and Lincoln Street Dentistry LLC, the property is used by the lessee as a dental office. The proposed rezoning was one of the terms of a Settlement Agreement and Agreement for Judgment that resolved litigation in the Massachusetts Land Court brought by abutters who opposed the Town’s disposition of the property. The Settlement Agreement and Agreement for Judgment required the Board of Selectmen to submit, recommend, and support this rezoning of the property at Town Meeting. The Board of Selectmen and Town Counsel support favorable action on this article. Because the proposed article is consistent with the Board’s legal obligations under the Settlement Agreement and Agreement for Judgment, and because the property’s continued use as a professional office or medical office building will not be impaired by this rezoning, the Planning Board unanimously supports favorable action on this article. For the same reasons, the Advisory Committee likewise supports favorable action on this article.

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, by removing from Business District “B,” and including in Residential District “A,” the land contained on Assessors’ Map 38, Lot 103, and described as follows, to wit:
All that certain tract piece, or parcel of land, situate, lying and being in the Town of Hingham, State of Massachusetts, more particularly bounded and described as follows: Beginning at the point formed by the intersection of the southeasterly side of the Broad Cove Road with the northerly side of Lincoln Street; running thence easterly along the northerly side of Lincoln Street the following courses and distances; south eighty-six (86) degrees, forty-five (45) minutes, twenty (20) seconds east twelve and twenty-four one-hundredths (12.24) feet; south eighty-six (86) degrees, seven (7) minutes, fifty (50) seconds east one hundred and eight (108) feet; thence easterly on a curve tangent to the last mentioned course with a radius of four hundred and fifty (450) feet a distance of one hundred and seven and sixteen one-hundredths (107.16) feet; thence easterly on a tangent to the last mentioned course south seventy-two (72) degrees, twenty-nine (29) minutes, ten (10) seconds east seventy (70) feet; thence north six (6) degrees, forty four (44) minutes, fifty (50) seconds, east one hundred and seventy-two and ten one-hundredths (172.10) feet to the southeasterly side of the Broad Cove Road; thence south sixty-eight (68) degrees, thirty-eight (38) minutes thirty (30) seconds west along the Broad Cove Road three hundred and thirty-five (335) feet to the point of beginning.

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 III-E, South Hingham Development Overlay District, Subsection 5 (c), delete the second paragraph titled “Section IV-A” in its entirety, and replace with the following:

“Section IV-A
Floor Area Ratio (FAR): For office use (as described in Section III-A 4.10) an FAR of 0.25 is permitted as-of-right, and up to 0.45 by Special Permit A2. For all other uses an FAR of 0.35 is permitted as-of-right, and up to 0.45 by Special Permit A2.
Maximum Height: Forty-eight (48) feet, but not more than four stories.”
Or act on anything related thereto?
(Inserted at the request of the Planning Board)

COMMENT: The existing language in the second paragraph of Section III-E, Subsection 5 (c) of the By-Law is confusing. The replacement language contained in this proposed amendment is intended to clarify the original meaning of this paragraph, not to change the meaning. The new language is consistent with the historical interpretation of the existing language.

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 III-E, South Hingham Development Overlay District, Subsection 5 (c), delete the second paragraph titled “Section IV-A” in its entirety, and replace with the following:

“Section IV-A
Floor Area Ratio (FAR): For office use (as described in Section III-A 4.10) an FAR of 0.25 is permitted as-of-right, and up to 0.45 by Special Permit A2. For all other uses an FAR of 0.35 is permitted as-of-right, and up to 0.45 by Special Permit A2.
Maximum Height: Forty-eight (48) feet, but not more than four stories.”

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 III-A, Schedule of Uses, insert, after Subsection 4.12, a new use “4.12A Health Club” permitted with a Special Permit A2 in Residence D; Industrial, Industrial Park, Limited Industrial Park, and Office Park districts; permitted by right in Business A and Business B, and prohibited in all other districts.
Item 2 At Section VI, Definitions, insert, after the definition of Height, Building, the following new defined term:
“Health Club An establishment that provides members and non-members with equipment, space, and/or facilities for the purpose of physical exercise as a primary or secondary use.”
Or act on anything relating thereto?
(Inserted at the request of the Planning Board).

COMMENT: At present, the Schedule of Uses in Section III-A of the Zoning By-Law prohibits private gyms, athletic clubs, and indoor recreational facilities in the Industrial, Limited Industrial, Industrial Park, and Office Park districts. Nonetheless, the Zoning Board of Appeals has granted use variances permitting private gyms to operate in industrial districts.
Therefore, the Planning Board has proposed that the Zoning By-Law be clarified by these amendments to introduce a new use category specifically for “Health Clubs”, which would be allowed “by right” in Business A and Business B, and by Special Permit A2 issued by the Zoning Board of Appeals in the Industrial and Office Park districts, as well as in Residence D. Because there could be conflicts between health clubs and certain uses in the Industrial, Office Park, and Residence D districts, the Planning Board decided to make the “Health Club” use allowable by Special Permit A2 in those districts, and not “by right.”
The Planning Board unanimously voted to recommend favorable action on this article. The Advisory Committee considers this clarification reasonable, and likewise supports 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 III-A, Schedule of Uses, insert, after Subsection 4.12, a new use “4.12A Health Club” permitted with a Special Permit A2 in Residence D; Industrial, Industrial Park, Limited Industrial Park, and Office Park districts; permitted by right in Business A and Business B, and prohibited in all other districts.
Item 2 At Section VI, Definitions, insert, after the definition of Height, Building, the following new defined term:
“Health Club An establishment that provides members and non-members with equipment, space, and/or facilities for the purpose of physical exercise as a primary or secondary use.”

ARTICLE 30. 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) remove, in its entirety, the definition of Planned Unit Development,
or act on anything relating thereto?
(Inserted at the request of the Planning Board)

COMMENT: In 2004, Annual Town Meeting approved Article 30 of the Warrant, thereby eliminating from the Zoning By-Law certain provisions that had allowed Planned Unit Developments (“PUD”) in Residence District E. PUD was a zoning concept with origins in the 1960’s and 1970’s that envisioned development of large parcels of land with a combination of single-family detached houses, town houses, garden apartments, and retail/commercial uses supported by those homes. Because the Town did not have any sites in Residence District E that would be appropriate for this type of large-scale development, the 2004 Annual Town Meeting removed the PUD provisions in the interest of simplifying our Zoning By-Law. In doing so, however, we inadvertently left the definition of PUD in Zoning By-Law Section VI (Definitions). The purpose of this article is to remove the definition of PUD, again in the interest of simplifying our Zoning 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 VI (Definitions) remove, in its entirety, the definition of Planned Unit Development.

ARTICLE 31. 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-G, delete section 2(a) and replace with the following:

“a. Encourage planning and development which will maintain and improve the economic viability of Downtown businesses by encouraging a mix of uses that will maintain, provide for or encourage regular interaction with the general public on a walk-in basis on the ground floor and office and residential uses on the upper floors.”

Item 2 At Section III-G, delete section 4 and replace with the following:

“4. Permitted and Prohibited Uses
The permitted uses and uses allowed by Special Permit A2 in Business District A, as set
forth in Section III-A, Schedule of Uses, shall be permitted or allowed, as applicable, in
the Overlay District, with the following exceptions:

(a) the following uses are prohibited in the Overlay District:

Section III-A 4.3 Funeral Home
Section III-A 4.4 Animal or veterinary hospital
Section III-A 4.5 Commercial breeding
Section III-A 5.1 Automotive filling or service station
Section III-A 5.2 Auto repair
Section III-A 5.3 Car dealership & service facilities
Section III-A 5.4 Marina; boat livery; sales, storage & repair of boats
Section III-A 6.1 Wholesale warehouse

(b) the following uses are permitted on the upper floors of any building and may be allowed by Special Permit A2 on the ground floor:

Section III-A 4.10 Business or professional offices or agencies

Section III-A 4.11 Bank or other financial institution”

(i) The Board of Appeals may approve such application for a Special Permit A2 if, in addition to the criteria set forth in Section I-F,2, it finds that, in its judgment, the use is consistent with the purpose and objectives of this Section III-G as set forth above. If such use cannot meet such objectives in the proposed location, it may be granted a Special Permit A2 if at least one of the following apply and the Board of Appeals finds that the proposed use is not detrimental to the objectives of this Section, including objective 2(a):

(A) The site of the use is outside the primary pedestrian area of the Downtown, such primary pedestrian area being those portions of Main Street, North Street and South Street within the Overlay District.

(B) The use will be located in a building existing as of January 1, 2009 which is significantly set back from the (or all of the) street(s) which such building abuts.

(C) The physical characteristics of the existing building (as of January 1, 2009) in which the use shall be located (such as a pre-existing residential structure within the Overlay District) are such that other permitted or allowed uses in the Overlay District are not practicable.

(ii) Notwithstanding the provisions of subsection 4(B)(i) above, if, as of January 1, 2009, the ground floor of any building included a “business or professional office or agency” or a “bank or other financial institution” (each a “Grandfathered Use”), and such Grandfathered Use is subsequently changed to another permitted or allowed use in the Overlay District, such ground floor may, within six (6) years of such change of use, revert back to a Grandfathered Use and such Grandfathered Use shall be permitted subject to Site Plan Review pursuant to subsection 4(b)(iii) below prior to issuance of a building permit (or a certificate of occupancy if no building permit is requested), but shall not require a Special Permit A2.

(iii) The Planning Board, when conducting Site Plan Review under this subsection 4(b), shall consider, in addition to the items set forth in Section I-I, 6, whether the appearance and treatment of the windows and doors of the building will maintain, provide for or encourage regular interaction with the general public.

Item 3

(a) At Section III-G, 6, delete subsection (d) in its entirety; and

(b) At Section III-B, 7 replace the reference to Section III-G, 6 to Section III-G, 7(a); and

(c) At Section III-G, 6(b)(iii) replace the reference to Section III-G, 6(d) to Section III-G, 7(a).

Item 4 At Section III-G, add a new section 7 as follows:

“7. Off-Street Parking Requirements in the Downtown Hingham Overlay District
Except as otherwise provided in this section (7), the requirements set forth in Section V-A, Off Street Parking Requirements, shall apply to the Overlay District.

a. Parking Requirements for Commercial/ Residential Buildings

The purpose of this subsection (a) is to ensure that sufficient off-street parking is provided for all dwelling units created under Section III-G,6.

(i) Provision for off-street parking shall be as follows:

Studio or one-bedroom dwelling unit 1 space
Two-bedroom dwelling unit 2 spaces

(ii) When off-street parking exists or may be constructed on the parcel where the use is proposed, the Planning Board may make a finding in connection with a Special Permit A3 application pursuant to Section V-A that the commercial use(s) and the residential use within the Commercial/Residential Building are complementary uses having different peak demand times, in which event on-site parking may satisfy both the residential and the commercial uses (subject to the requirements of Section 7 below in the event of a change or increase in commercial uses).

(iii) Parking for all dwelling units (including, without limitation, dwelling units proposed in newly-constructed or reconstructed buildings or in newly-constructed stories to existing buildings) shall be located on the same parcel or on a contiguous parcel under common ownership.

(iv) Notwithstanding the foregoing, for dwelling units proposed in existing stories of existing buildings which, as of December 1, 2003, (a) are at least two stories in height and (b) which lack required on-site, off-street parking to meet the requirements of this Section, the Planning Board may grant a Special Permit A3 to permit the following:

(A) Leased Parking for Commercial/Residential Buildings, provided that a copy of a written, fully executed and effective lease, with a term of at least one (1) year, permitting use of sufficient parking spaces to comply with this Section for a minimum of overnight parking shall be provided to the Planning Board prior to the issuance of the Special Permit A3. For purposes of this Section III-G, “Leased Parking for Commercial/Residential Buildings” shall be the provision of parking for dwelling units in a Commercial/ Residential Building on land of a third party located within 500 feet of the benefited parcel (but excluding parcels with single-family dwellings or two-family dwellings outside of the Overlay District). The granting of a Special Permit A3 shall require a finding by the Planning Board that such lease of parking spaces does not create a violation of the zoning of, parking requirements for existing uses on, or any special permit or variance granted to, the burdened parcel. In addition, the applicant (or its successor) shall be required, as a condition of the issuance of a Special Permit, (i) to certify to the Building Commissioner annually, on the anniversary of the date of the issuance of a Special Permit, that such lease remains in full force and in effect and (ii) no later that thirty (30) days prior to the expiration or other termination of such lease, to apply to the Planning Board for a modification of its Special Permit A3 which application shall provide for the required parking in another manner consistent with the requirements of this subsection 7(a).

(B) Off–site parking in designated resident parking areas of public parking lots, provided that a resident parking permit program or the like is adopted by the Town, and provided that, as a condition of the issuance of the Special Permit A3, the applicant applies for and presents written evidence to the Planning Board and the Building Commissioner of approval by the Town of sufficient resident parking permits to comply with the parking requirements of this Section.

Provision of off-street parking in accordance with the requirements of this Subsection (iv) may be satisfied by any combination of on-site parking and alternative parking options described herein, provided, however, that where, prior to the application for a Special Permit under this Section, sufficient off-street parking exists or may be reasonably constructed on-site to satisfy, in whole or in part, the parking requirements of this Section, the Planning Board shall consider the availability of such parking when considering the eligibility of the site such parking shall be located on-site and shall not be eligible for relief under this subsection to allow for alternate parking options.

(v) No newly-constructed parking shall front on a public way, except along Summer Street (Route 3A), Water Street, Station Street or the Station Street parking areas.

(vi) For parcels which have opposite property lines along two streets or ways and for parcels with frontage on Summer Street (Route 3A), fully enclosed garage parking may be provided within the building at ground level if such parking is accessed from the rear of the building, is not visible from the front of the building, and such building has a permitted commercial use at the front of the building. For purposes of this Section III-G, any portion of a building facing Main Street, South Street, North Street, or Summer Street shall be considered the front of a building.

(vii) Notwithstanding any provision of Section V-A to the contrary, and except as specifically provided in this Section III-G, 6(d), off-street parking requirements for residential uses in a Commercial/Residential Building shall not be reduced nor waived by special permit or otherwise. In the event of a conflict between the provisions of Section V and this Section, the provisions of this Section shall control.

b. Off-Street Parking Requirements for Certain Non-Residential Uses
The reduction in off-street parking requirements for Business A District set forth in Section V-A, 2 shall not apply to uses under Section III-A, 4.10 and Section III-A, 4.11 on the ground floor; provided, however, that this subsection 7(b) shall not apply to any Grandfathered Use under section III-G, 4(b)(ii).

c. Special Permit A3 for Waivers from the Off-Street Parking Requirements
The Planning Board may approve an application for a Special Permit A3 to waive strict adherence to the requirements of this Section III-G,7 and applicable provisions of Section V-A if it finds such application meets the following criteria:

(i) Satisfactory demonstration of parking adequacy as evidenced by the results of a parking study conducted pursuant to the standards of the Institute of Transportation Engineers (ITE) and the Urban Land Institute (ULI) prepared by a Professional Engineer duly licensed in the Commonwealth of Massachusetts with demonstrated experience in the Fields of Traffic Engineering and Transportation Planning, and concurrence with said results by the Planning Board’s review consultant. The parking study baseline shall be consistent with the methodology and format implemented as a part of the Town’s “2008 Downtown Hingham Parking Study” and associated shared parking model, as the same may be updated or amended from time to time. Upon written request of the applicant, the Planning Board may waive the above submittal requirement if deemed by the Planning Board to be not necessary for its review of the application.

(ii) Such relief will promote the goal of preserving and enhancing the Downtown as a mixed-use, pedestrian-oriented local shopping and business district and is consistent with the purpose and objectives of the Overlay District;

(iii) The maximum number of off-street parking spaces reasonably achievable on the premises has been provided;

(iv) It is not practical to meet the applicable standards of this Section 7 and Section V-A and a waiver of these regulations will not (A) result in or worsen parking or traffic problems, or adversely affect pedestrian safety, on-site or on the surrounding streets or (B) adversely affect the value of abutting lands and buildings;

Item 5 At Section VI (Definitions) add the following terms in the applicable alphabetic location:

“Business Office or Agency -- Administrative, executive, research, servicing, processing or similar businesses or organizations having only limited face-to-face contact with the general public. See also, Professional Office or Agency.”

“Commercial Service Establishment – An establishment primarily engaged in providing services on-site, including walk-in services, directly to individual or businesses, such as printing, copying, shipping, but excluding Business Offices. See also Service Business”

“Consumer Service Establishment – An establishment primarily engaged in providing personal services directly to consumers on-site, such as hair or nail salons, drop-off/pick-up dry cleaner, tailor, shoe repair, and educational services such as tutoring, but excluding medical or dental Professional Offices and Health Clubs. See also Service Business.”

“Craft Establishment -- Any business establishment that produces on the premises non-edible articles for sale on the premises of artistic quality or effect or handmade workmanship directly to the public, including handmade articles for production by the public on-site. Examples include weaving, pottery, painting, sculpting, candle-making, and associated activities. Craft Establishment shall be considered a ‘Retail Business’ for the purpose of determining off-street parking requirements.”

“General Business Office – See ‘Business Office or Agency.’”

“Ground Floor – Within the Downtown Hingham Overlay District, the floor of a Building that exits directly at street level. For any Building having more than one floor that exits directly at street level each such floor shall constitute a ‘ground floor’.”

“Medical or Dental Office -- An office used exclusively by physicians, dentists, and similar healthcare professionals for the treatment and examination of patients and clients on an outpatient basis.”

“Professional Studio – The studio of an artist, a musician or a photographer, provided such studio may also constitute a Craft Establishment or a Consumer Service Establishment if the primary use of such space meets the definition of such an establishment.

“Service Business – For the purpose of determining off-street parking requirements the following shall each be considered a Service Business: Commercial Service Establishment, Consumer Service Establishment, and Craft Establishment.”

Item 6 At Section VI (Definitions):

(a) Delete the definition of “Professional Office” and substitute therefor the following:

“Professional Office or Agency: The office of a member of a recognized profession, including but not limited to accountants, architects, doctors and physicians, dentist, engineers, real estate or insurance brokers and lawyers, but excluding businesses defined under Business Office or Agency, Consumer Service Establishment and Professional Studio.”

Or act on anything related thereto?
(Inserted at the request of the Planning Board)

COMMENT: The Downtown Overlay District was approved by the Annual Town Meeting in 2004 to encourage planning, design and development that would protect and promote the economic viability of downtown businesses and properties, to allow for second-story residential uses, and to preserve the historic character of Hingham Square. The District is comprised of the underlying Business A Zoning district, and extends from approximately the intersection of Lafayette Avenue and South Street, through Hingham Square, to the end of North and Station Streets, and along the south side of Route 3A to the Rotary. The District also includes portions of Fearing Road and of Lafayette Avenue and Bank, Central, Cottage, Green, Mill, Ship, and Water Streets. This proposed amendment will do the following:
• It will expand the scope of the objectives of the Overlay District to emphasize the encouragement of walk-in type uses in ground-floor spaces.
• It will require certain office-type uses, including real estate agencies, professional offices and general offices, banks, and financial institutions, to secure a Special Permit A2 from the Zoning Board of Appeals prior to seeking a building permit or occupancy permit to occupy ground-floor space; other uses, such as restaurants, currently also require a Special Permit A2. A Special Permit can be approved, approved with conditions, or denied, and an approved Special Permit can be appealed. Office and bank uses are currently permitted as of right on any floor level in the Overlay District. (The proposed amendment will not affect the use by right of upper-floor levels in the District by these office and bank uses.)
• It will provide certain specified grandfathered rights for existing ground-floor spaces in the Overlay District that are currently occupied by the office and bank uses described above. One effect of this provision will be to establish an approximate de facto approved mix of retail, service and office uses in the District on a property-by-property basis.
• It will expand the ability of property-owners to develop residential uses on upper floors of new and existing buildings in the Overlay District, through modification of the associated parking requirements.
• It will provide a more objective approval mechanism than currently exists to ease parking requirements for some commercial and residential uses within the Overlay District, in recognition of a detailed professional parking analysis recently prepared by a consultant to the Planning Board.
• It will clarify definitions of office and service uses so that they are more consistent with the terminology used in the Off-Street Parking section of the By-law.
• It will add more stringent parking requirements than those currently in the By-law for new office-users located in ground-floor spaces within the Overlay District. (It will not affect parking requirements for “grandfathered” office spaces.)

Regarding the proposed addition of a Special Permit process, members of the Planning Board, the Board of Selectmen, and of the Hingham Development and Industrial Commission, along with some of the Downtown retailers and residents, are concerned that the growth of office and bank uses in ground-floor spaces is having a negative impact on the pedestrian-oriented nature and vitality of the Square; they want to limit the further growth of these uses, and generally to discourage the occupancy of ground-floor spaces in the Overlay District by office uses that do not involve active walk-in business. Other Massachusetts towns have addressed this same concern, in some cases banning altogether office and bank uses from certain portions of their downtown areas. However, some Downtown property-owners and tenants are concerned that the proposed amendment will add time and cost to the process of occupying ground-floor space, will prevent some prospective tenants from occupying these spaces, will reduce the flexibility of use of this space, and could lead to increased vacancy of downtown space and/or reduced property values. A majority of the Advisory Committee believes that, on balance, it is in the best interest of the Town to amend the Zoning By-law as proposed, and consequently voted to recommend favorable action on this Article.
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 III-G, delete section 2(a) and replace with the following:

“a. Encourage planning and development which will maintain and improve the economic viability of Downtown businesses by encouraging a mix of uses that will maintain, provide for or encourage regular interaction with the general public on a walk-in basis on the ground floor and office and residential uses on the upper floors.”

Item 2 At Section III-G, delete section 4 and replace with the following:

“4. Permitted and Prohibited Uses
The permitted uses and uses allowed by Special Permit A2 in Business District A, as set
forth in Section III-A, Schedule of Uses, shall be permitted or allowed, as applicable, in
the Overlay District, with the following exceptions:

(a) the following uses are prohibited in the Overlay District:

Section III-A 4.3 Funeral Home
Section III-A 4.4 Animal or veterinary hospital
Section III-A 4.5 Commercial breeding
Section III-A 5.1 Automotive filling or service station
Section III-A 5.2 Auto repair
Section III-A 5.3 Car dealership & service facilities
Section III-A 5.4 Marina; boat livery; sales, storage & repair of boats
Section III-A 6.1 Wholesale warehouse

(b) the following uses are permitted on the upper floors of any building and may be allowed by Special Permit A2 on the ground floor:

Section III-A 4.10 Business or professional offices or agencies
Section III-A 4.11 Bank or other financial institution”

(i) The Board of Appeals may approve such application for a Special Permit A2 if, in addition to the criteria set forth in Section I-F,2, it finds that, in its judgment, the use is consistent with the purpose and objectives of this Section III-G as set forth above. If such use cannot meet such objectives in the proposed location, it may be granted a Special Permit A2 if at least one of the following apply and the Board of Appeals finds that the proposed use is not detrimental to the objectives of this Section, including objective 2(a):

(A) The site of the use is outside the primary pedestrian area of the Downtown, such primary pedestrian area being those portions of Main Street, North Street and South Street within the Overlay District.
(B) The use will be located in a building existing as of January 1, 2009 which is significantly set back from the (or all of the) street(s) which such building abuts.

(C) The physical characteristics of the existing building (as of January 1, 2009) in which the use shall be located (such as a pre-existing residential structure within the Overlay District) are such that other permitted or allowed uses in the Overlay District are not practicable.

(ii) Notwithstanding the provisions of subsection 4(B)(i) above, if, as of January 1, 2009, the ground floor of any building included a “business or professional office or agency” or a “bank or other financial institution” (each a “Grandfathered Use”), and such Grandfathered Use is subsequently changed to another permitted or allowed use in the Overlay District, such ground floor may, within six (6) years of such change of use, revert back to a Grandfathered Use and such Grandfathered Use shall be permitted subject to Site Plan Review pursuant to subsection 4(b)(iii) below prior to issuance of a building permit (or a certificate of occupancy if no building permit is requested), but shall not require a Special Permit A2.

(iii) The Planning Board, when conducting Site Plan Review under this subsection 4(b), shall consider, in addition to the items set forth in Section I-I, 6, whether the appearance and treatment of the windows and doors of the building will maintain, provide for or encourage regular interaction with the general public.

Item 3

(a) At Section III-G, 6, delete subsection (d) in its entirety; and

(b) At Section III-B, 7 replace the reference to Section III-G, 6 to Section III-G, 7(a); and

(c) At Section III-G, 6(b)(iii) replace the reference to Section III-G, 6(d) to Section III-G, 7(a).

Item 4 At Section III-G, add a new section 7 as follows:

“7. Off-Street Parking Requirements in the Downtown Hingham Overlay District
Except as otherwise provided in this section (7), the requirements set forth in Section V-A, Off Street Parking Requirements, shall apply to the Overlay District.

a. Parking Requirements for Commercial/ Residential Buildings

The purpose of this subsection (a) is to ensure that sufficient off-street parking is provided for all dwelling units created under Section III-G,6.

(i) Provision for off-street parking shall be as follows:

Studio or one-bedroom dwelling unit 1 space
Two-bedroom dwelling unit 2 spaces

(ii) When off-street parking exists or may be constructed on the parcel where the use is proposed, the Planning Board may make a finding in connection with a Special Permit A3 application pursuant to Section V-A that the commercial use(s) and the residential use within the Commercial/Residential Building are complementary uses having different peak demand times, in which event on-site parking may satisfy both the residential and the commercial uses (subject to the requirements of Section 7 below in the event of a change or increase in commercial uses).

(iii) Parking for all dwelling units (including, without limitation, dwelling units proposed in newly-constructed or reconstructed buildings or in newly-constructed stories to existing buildings) shall be located on the same parcel or on a contiguous parcel under common ownership.

(iv) Notwithstanding the foregoing, for dwelling units proposed in existing stories of existing buildings which, as of December 1, 2003, (a) are at least two stories in height and (b) which lack required on-site, off-street parking to meet the requirements of this Section, the Planning Board may grant a Special Permit A3 to permit the following:
(A) Leased Parking for Commercial/Residential Buildings, provided that a copy of a written, fully executed and effective lease, with a term of at least one (1) year, permitting use of sufficient parking spaces to comply with this Section for a minimum of overnight parking shall be provided to the Planning Board prior to the issuance of the Special Permit A3. For purposes of this Section III-G, “Leased Parking for Commercial/ Residential Buildings” shall be the provision of parking for dwelling units in a Commercial/ Residential Building on land of a third party located within 500 feet of the benefited parcel (but excluding parcels with single-family dwellings or two-family dwellings outside of the Overlay District). The granting of a Special Permit A3 shall require a finding by the Planning Board that such lease of parking spaces does not create a violation of the zoning of, parking requirements for existing uses on, or any special permit or variance granted to, the burdened parcel. In addition, the applicant (or its successor) shall be required, as a condition of the issuance of a Special Permit, (i) to certify to the Building Commissioner annually, on the anniversary of the date of the issuance of a Special Permit, that such lease remains in full force and in effect and (ii) no later than thirty (30) days prior to the expiration or other termination of such lease, to apply to the Planning Board for a modification of its Special Permit A3 which application shall provide for the required parking in another manner consistent with the requirements of this subsection 7(a).

(B) Off–site parking in designated resident parking areas of public parking lots, provided that a resident parking permit program or the like is adopted by the Town, and provided that, as a condition of the issuance of the Special Permit A3, the applicant applies for and presents written evidence to the Planning Board and the Building Commissioner of approval by the Town of sufficient resident parking permits to comply with the parking requirements of this Section.

Provision of off-street parking in accordance with the requirements of this Subsection (iv) may be satisfied by any combination of on-site parking and alternative parking options described herein, provided, however, that where, prior to the application for a Special Permit under this Section, sufficient off-street parking exists or may be reasonably constructed on-site to satisfy, in whole or in part, the parking requirements of this Section, the Planning Board shall consider the availability of such parking when considering the eligibility of the site such parking shall be located on-site and shall not be eligible for relief under this subsection to allow for alternate parking options.

(v) No newly-constructed parking shall front on a public way, except along Summer Street (Route 3A), Water Street, Station Street or the Station Street parking areas.

(vi) For parcels which have opposite property lines along two streets or ways and for parcels with frontage on Summer Street (Route 3A), fully enclosed garage parking may be provided within the building at ground level if such parking is accessed from the rear of the building, is not visible from the front of the building, and such building has a permitted commercial use at the front of the building. For purposes of this Section III-G, any portion of a building facing Main Street, South Street, North Street, or Summer Street shall be considered the front of a building.

(vii) Notwithstanding any provision of Section V-A to the contrary, and except as specifically provided in this Section III-G, 6(d), off-street parking requirements for residential uses in a Commercial/Residential Building shall not be reduced nor waived by special permit or otherwise. In the event of a conflict between the provisions of Section V and this Section, the provisions of this Section shall control.

(b) Off-Street Parking Requirements for Certain Non-Residential Uses
The reduction in off-street parking requirements for Business A District set forth in Section V-A, 2 shall not apply to uses under Section III-A, 4.10 and Section III-A, 4.11 on the ground floor; provided, however, that this subsection 7(b) shall not apply to any Grandfathered Use under section III-G, 4(b)(ii).

(c) Special Permit A3 for Waivers from the Off-Street Parking Requirements
The Planning Board may approve an application for a Special Permit A3 to waive strict adherence to the requirements of this Section III-G,7 and applicable provisions of Section V-A if it finds such application meets the following criteria:

(i) Satisfactory demonstration of parking adequacy as evidenced by the results of a parking study conducted pursuant to the standards of the Institute of Transportation Engineers (ITE) and the Urban Land Institute (ULI) prepared by a Professional Engineer duly licensed in the Commonwealth of Massachusetts with demonstrated experience in the Fields of Traffic Engineering and Transportation Planning, and concurrence with said results by the Planning Board’s review consultant. The parking study baseline shall be consistent with the methodology and format implemented as a part of the Town’s “2008 Downtown Hingham Parking Study” and associated shared parking model, as the same may be updated or amended from time to time. Upon written request of the applicant, the Planning Board may waive the above submittal requirement if deemed by the Planning Board to be not necessary for its review of the application.

(ii) Such relief will promote the goal of preserving and enhancing the Downtown as a mixed-use, pedestrian-oriented local shopping and business district and is consistent with the purpose and objectives of the Overlay District;

(iii) The maximum number of off-street parking spaces reasonably achievable on the premises has been provided;

(iv) It is not practical to meet the applicable standards of this Section 7 and Section V-A and a waiver of these regulations will not (A) result in or worsen parking or traffic problems, or adversely affect pedestrian safety, on-site or on the surrounding streets or (B) adversely affect the value of abutting lands and buildings;

Item 5 At Section VI (Definitions), add the following terms in the applicable alphabetic location:

“Business Office or Agency -- Administrative, executive, research, servicing, processing or similar businesses or organizations having only limited face-to-face contact with the general public. See also, Professional Office or Agency.”

“Commercial Service Establishment – An establishment primarily engaged in providing services on-site, including walk-in services, directly to individual or businesses, such as printing, copying, shipping, but excluding Business Offices. See also Service Business”

“Consumer Service Establishment – An establishment primarily engaged in providing personal services directly to consumers on-site, such as hair or nail salons, drop-off/pick-up dry cleaner, tailor, shoe repair, and educational services such as tutoring, but excluding medical or dental Professional Offices and Health Clubs. See also Service Business.”

“Craft Establishment -- Any business establishment that produces on the premises non-edible articles for sale on the premises of artistic quality or effect or handmade workmanship directly to the public, including handmade articles for production by the public on-site. Examples include weaving, pottery, painting, sculpting, candle-making, and associated activities. Craft Establishment shall be considered a ‘Retail Business’ for the purpose of determining off-street parking requirements.”

“General Business Office – See ‘Business Office or Agency.’”

“Ground Floor – Within the Downtown Hingham Overlay District, the floor of a Building that exits directly at street level. For any Building having more than one floor that exits directly at street level each such floor shall constitute a ‘ground floor’.”
“Medical or Dental Office -- An office used exclusively by physicians, dentists, and similar healthcare professionals for the treatment and examination of patients and clients on an outpatient basis.”

“Professional Studio – The studio of an artist, a musician or a photographer, provided such studio may also constitute a Craft Establishment or a Consumer Service Establishment if the primary use of such space meets the definition of such an establishment.

“Service Business – For the purpose of determining off-street parking requirements the following shall each be considered a Service Business: Commercial Service Establishment, Consumer Service Establishment, and Craft Establishment.”

Item 6 At Section VI (Definitions), delete the definition of “Professional Office” and substitute therefor the following:
“Professional Office or Agency: The office of a member of a recognized profession, including but not limited to accountants, architects, doctors and physicians, dentist, engineers, real estate or insurance brokers and lawyers, but excluding businesses defined under Business Office or Agency, Consumer Service Establishment and Professional Studio.”

ARTICLE 32. Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

In the “Zoning Map, Part A, of the Town of Hingham, Massachusetts,” by removing from Office Park District and including in the Industrial Park District, the land shown on Assessors Map 195 as Lot 44, on Assessors Map 194 as Lots 1, 2, 11, 12, 14, 15, 22, 24 & 25, on Assessors Map 187 as Lot 12, on Assessors 186 as Lots 2, & 3, and on Assessors Map 185 as lots 1 & 2, being all the land, except Lots 6 & 43 on Assessors Map 195, included in the Office Park District by the adoption of Article 48 by the 1983 Annual Town meeting, which land is situated on Derby Street, off Old Derby Street and on the northeasterly side of Route 3 and the easterly side of the Town Line, or act on anything related thereto?
(Inserted at the request of Stacy Shunk and others)

COMMENT: The proponents of this article propose to re-zone approximately 77 acres in the South Hingham Development Overlay District, from Office Park to Industrial Park, in order to allow for more commercial development flexibility on the property in question. For example, Retail Groups (i.e., shopping centers such as Derby Street Shoppes) are allowed by Special Permit in the Industrial Park district, while they are not allowed in the Office Park district. The area of South Hingham addressed by this proposed article (and by the following two articles) is the subject of ongoing study by the Planning Board. As such, the Planning Board does not believe it is appropriate to address the re-zoning of individual properties within this area prior to the completion of this planning study. The Planning Board intends to pursue this study over the course of the upcoming year, and may consider comprehensive zoning changes in recognition of the changing land use trends in this part of Hingham. The Advisory Committee agrees that, on balance, it is not in the best interest of the Town to amend the Zoning By-law as proposed at this time.
The Planning Board voted unanimously to recommend no action on this article.

RECOMMENDED: That no action be taken on this article.

ARTICLE 33. Will the Town amend Section III-A, 3.8 of the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

By removing from the Industrial Park District column the “O” and substituting therefor “A2”, or act on anything related thereto?
(Inserted at the request of Stacy Shunk and others)

COMMENT: If Article 32 were to be approved, the intent of the proponents of this article would be to preserve the right to develop a nursing home or other similar health care or institutional use on the property in question (as well as in all other properties zoned Industrial Park), a right currently allowed by Special Permit in the Office Park district but not in the Industrial Park district. For the reasons described in the Comment at Article 33, above, the Planning Board voted unanimously to recommend no action on this article.

RECOMMENDED: That no action be taken on this article.

ARTICLE 34. Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

In the “Zoning Map, part A, of the Town of Hingham, Massachusetts,” by removing from Residence C District and including in the Industrial Park District, the land shown on Assessors Map 186 as Lot 5 and on Assessors Map 187 as Lot 10, which land is situated on Derby Street, off Old Derby Street and on the northeasterly side of Route 3 and the easterly side of the Town Line, or act on anything related thereto?
(Inserted at the request of Stacy Shunk and others)

COMMENT: The original proponents of this article no longer support it and the Planning Board voted unanimously to recommend no action on the article. Please refer also to the comment on Article 32, above.

RECOMMENDED: That no action be taken on this article.

ARTICLE 35. 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, of the Town of Hingham, Massachusetts,” by removing from the Residence B District and including in the Business B District, the land shown on Assessors Map 195 as Lots 23, 24 & 100 and the portion of Lot 22 presently in the Residential B District, or act on anything related thereto?
(Inserted at the request of Stacy Shunk and others)

COMMENT: This petition article relates to contiguous parcels of land, totaling almost two acres, located at the northeast corner of the intersection of Derby and Cushing Streets in South Hingham. Its proponents seek a rezoning of the subject property from the Residence B District to the Business B District. It is anticipated that, if the proposed rezoning is approved at Town Meeting, the property will be acquired from its owners for the purpose of constructing and operating a CVS store with a drive-through pharmacy.
The Planning Board conducted two extensive public hearings on this article. Both hearings were well-attended by proponents and opponents of the requested rezoning. In addition to representatives of CVS, neighboring property-owners on Derby and Cushing Streets, and other residents, spoke, and wrote letters, in favor of the article. Likewise, many neighboring property-owners, including abutters, and other residents, spoke and wrote in opposition to the article. Among other reasons, proponents cited the predominantly commercial character of the Derby Street corridor and the potential tax benefits that commercial development of this property might yield to the Town. Among other reasons, opponents cited the long-standing residential character of the Cushing Street neighborhood, of which the subject property has always been a part, and the potential adverse effects of a CVS store on traffic congestion, pedestrian safety, and light emission in the area. Some also expressed their concern for maintaining a rural appearance for one of the “gateways” to Hingham.
At the conclusion of its hearings, the Planning Board voted unanimously to recommend no action on this article. The Planning Board also noted that the Town, through the Hingham Development and Industrial Commission, is currently in the process of reviewing growth and commercial development opportunities in the South Hingham area in the hope of formulating a comprehensive plan. In these circumstances, the Advisory Committee sees no reason to substitute its judgment for that of the Planning Board.
Therefore, the Advisory Committee recommends no action on this article.

RECOMMENDED: That no action be taken on this article.

ARTICLE 36. Will the Town amend Article 17, Section 1 of the General By-laws to add the following: “If, in the sole judgment of the Animal Control Officer or any police officer, an unleashed dog is not under voice control, the owner or keeper shall leash the dog immediately at the request of said officer,” or act on anything related thereto?

COMMENT: Article 17 of the General By-Laws of the Town contains dog regulations. Dog-owners, while enjoying their pets, have a responsibility to the community to manage and control their dogs. This proposed amendment to Article 17 is prompted by increasing numbers of complaints by residents to the Animal Control Officer and the Police Department about uncontrolled dogs, especially in areas accessible to the public.

For example, Bare Cove Park is a wonderful Town asset intended for everyone to enjoy. Yet there, it is common to see dog-owners allowing their pets to run loose without a leash, supposedly under voice control. In many cases, the dogs are not in fact responsive to their owners’ voice commands, and threaten recreational enjoyment of the Park by others. The purpose of this amendment is to ensure public safety by authorizing the Animal Control Officer or a police officer to require owners to exercise control over their dogs, and immediately to leash dogs that are determined to be uncontrolled.
The Advisory Committee voted unanimously in favor of this article.

RECOMMENDED: That the Town amend Article 17, Section 1 of the General By-laws by adding the following: “If, in the sole judgment of the Animal Control Officer or any police officer, an unleashed dog is not under voice control, the owner or keeper shall leash the dog immediately at the direction of said officer.”

ARTICLE 37. Will the Town amend the General By-Laws of the Town, adopted March 13, 1939, as heretofore amended, at Article 32, Section 11, to read as follows:

“Section 11 - Each non-residential marina float or pier system which is greater than 500 feet long, or which is determined by the Fire Chief or the Chief’s designee (Fire Chief) to be inaccessible for firefighting, shall have a fire protection water piping system (System) installed for firefighting or emergency use. The System shall be constructed of non-corrosive materials, it shall be designed and installed in accordance with appropriate and nationally recognized standards for such systems, and it shall be equipped with 1½" hose connections for use in fighting fires. The System shall be maintained in good operating condition. The System shall be inspected and tested annually, on or before May 1, by a qualified testing agency, and a report detailing the results of the inspection and test shall be forwarded to the Fire Chief within ten days of the inspection and test. Any components of the System that fail the inspection or test shall be repaired or replaced within 30 days and the System shall be retested. The design and construction of all Systems shall be subject to the review and approval of the Fire Chief. Design documents for such Systems shall be submitted to the Fire Chief at least 30 days prior to the anticipated commencement of System construction, and no System shall be constructed, expanded, or otherwise altered without the Fire Chief’s approval. Installation of such System shall be completed, and the System must receive the Fire Chief’s approval, before a float or pier system is allowed to be used. The marina float or pier owner shall pay all costs of the System, including, but not limited to, its design, construction, maintenance, inspection, and testing. The provisions of this By-Law shall apply to all new and existing marina floats or piers meeting the criteria described in the first sentence of this Section 11. A violation of this Section 11 may result in a fine of one hundred dollars ($100) if, after receiving written notice of a violation from the Fire Chief, the marina owner fails to correct the violation within 30 days of receipt of such notice, or within such longer time as the Fire Chief may grant in appropriate circumstances. Each day that an uncorrected violation exists after the allowed time for correction has lapsed shall be deemed to be a separate offense.”
or act on anything relating thereto?
(Inserted at the request of the Fire Chief)

COMMENT: Section 11 of Article 32 was originally incorporated into the Town By-Laws in 1991. At that time, the length of marina floats and piers subject to the provisions of the By-Law was “greater than 200 feet.” Since 1991, the Fire Department’s firefighting equipment has improved so that the Fire Department is now able to effectively fight fires on accessible floats and piers up to 500 feet long without having to rely on a built-in water piping system. The proposed amendment to the By-Law will remove the requirement for a built-in water piping system from floats and piers 500 feet or less in length, unless such installations are not readily accessible to firefighting equipment. The amendment also will allow the use of flexible, non-metallic piping where piping systems are required, in recognition of the special conditions present in marine environments. These provisions will reduce the economic burden on owners of floats and piers without compromising public safety. As of this date, there are two marinas in Hingham with float or pier systems that exceed 500 feet in length, though there may be several other shorter facilities that will continue to be affected by this by-law due to lack of accessibility.
The proposed amendment adds a requirement that owners of marina floats and piers subject to the provisions of this By-Law have their fire protection piping systems maintained and tested for proper operation on an annual basis. This maintenance and testing requirement is similar to the requirement placed on owners of buildings with fire suppression systems, and will help to ensure that the systems will be dependable in the event of an emergency.
The amended By-Law specifically is intended to apply to both existing and new marina floats and piers, as was the original Section 11. The By-Law is not intended to apply to floats and piers associated with individual single-family residences since these are not publicly accessible marinas with numerous slips, and since these installations are typically substantially less than 500 feet in length.

RECOMMENDED: That the Town amend the General By-Laws of the Town of Hingham, adopted March 13, 1939, as heretofore amended, at Article 32, by deleting the current Section 11 and replacing it with the following:

“Section 11 - Each marina float or pier system which is greater than 500 feet long from its land-side beginning to its end or ends, or which is determined by the Fire Chief or the Chief’s designee (Fire Chief) to be inaccessible for firefighting, shall have a fire protection water piping system (System) installed for firefighting or emergency use. The System shall be a manual dry standpipe system, with a fire department connection and removable cap at its land-side end, ready for connection by the Fire Department to a water source in the event of need. The System shall be constructed of durable, corrosion-resistant materials, and it shall be equipped with 1½" hose connections at 100 foot intervals for use in fighting fires. The System shall be designed and installed in accordance with appropriate and nationally recognized standards for such systems; where so warranted by special conditions, the Fire Chief may consider alternative materials and/or design standards for the standpipe system when such alternatives, in the Fire Chief’s opinion, provide the required protection. The System shall be maintained in good operating condition at all times when the float or pier system is in use. The System shall be inspected and tested annually, on or before May 1, by a qualified testing agency, and a report detailing the results of the inspection and test shall be forwarded to the Fire Chief within ten days of the inspection and test. Any components of the System that fail the inspection or test shall be repaired or replaced within 30 days and the System shall be retested. The design and construction of all Systems shall be subject to the review and approval of the Fire Chief. Design documents for such Systems shall be submitted to the Fire Chief prior to the commencement of System construction, and the Fire Chief shall review and respond to the submittal within 30 days of receipt thereof. No System shall be constructed, expanded, or otherwise altered without the Fire Chief’s approval. Installation of such System shall be completed, and the System must receive the Fire Chief’s approval, before a float or pier system is allowed to be used. The marina float or pier owner shall pay all costs of the System, including, but not limited to, its design, construction, maintenance, inspection, and testing. The provisions of this By-Law shall apply to all new and existing marina floats or piers meeting the criteria described in the first sentence of this Section 11. A violation of this Section 11 may result in a fine of one hundred dollars ($100) if, after receiving written notice of a violation from the Fire Chief, the marina owner fails to correct the violation within 30 days of receipt of such notice, or within such longer time as the Fire Chief may grant in appropriate circumstances. Each day that an uncorrected violation exists after the allowed time for correction has elapsed shall be deemed to be a separate offense.”

ARTICLE 38. Will the Town amend the General By-Law of the Town, adopted March 13, 1939, as heretofore amended, by changing the fees now charged by the Town Clerk under Article 6, Section 6, as follows:

(g) For filing certificate of a person conducting business under any title other than his real name, fifty dollars.
(h) For filing by a person conducting business under any title other than his real name, of a statement of change of residence, or his discontinuance, retirement, or withdrawal from, or of a change of location of such business, twenty dollars.
(n) For entering a notice of intention of marriage and issuing certificate thereof, thirty dollars.

or act on anything related thereto?

COMMENT: Article 6, Section 6 of the Town By-Laws, authorizes the Town Clerk to issue certain certificates and licenses ( as well as to process changes thereto). Periodically, the Town Clerk reviews the fees charged for such certificates and licenses to be sure that the fees are adequate to cover the costs of issuance. In addition, the Town Clerk reviews similar fees charged by other towns in order to "benchmark" the Town's fee structure with other similarly situated towns. This warrant article provides for the increase of the fee relating to the certificate for the conduct of business in an alternate name from the current fee of $25 to $50. This certificate is valid for 4 years. In addition, this article proposes that the fee charged to process changes to such a certificate be increased from $10 to $20. Finally, the article provides for an increase in the fee charged for filing a notice of an intention to be married and issuing a certificate of such intention from $25 to $30. These fees have not been raised since the 2003 Annual Town Meeting and the increased fees are more in keeping with the costs associated with the issuance as well as more in keeping with fees charged by other similarly situated towns.

RECOMMENDED: That the Town amend the General By-Law of the Town, adopted March 13, 1939, as heretofore amended, by changing the fees now charged by the Town Clerk under Article 6, Section 6, as follows:

(g) For filing certificate of a person conducting business under any title other than his real name, fifty dollars.

(h) For filing by a person conducting business under any title other than his real name, of a statement of change of residence, or his discontinuance, retirement, or withdrawal from, or of a change of location of such business, twenty dollars.

(n) For entering a notice of intention of marriage and issuing certificate thereof, thirty dollars.

ARTICLE 39. Will the Town amend the General By-laws of the Town of Hingham adopted March 13, 1939, as heretofore amended, at Article 36, as follows:
Item 1: At Section 1 – Definitions, subsection a. delete the third paragraph and replace it with the following:
Solicitor shall not include any person who secures money, credit, property, financial assistance, or any other thing of value on the plea or representation that it will be used for a charitable, political or religious purpose or that it is to be exchanged for any such goods or services.

Item 2: Delete Section 3 in its entirety and replace it with the following:

Section 3
All solicitors as defined in Section 1 must obtain a permit if an individual, or a registration if an organization, prior to soliciting within the Town of Hingham All individual solicitors must have said permit in their possession when soliciting within the Town of Hingham. Solicitors are obligated to inform the Police Department as to areas of Town in which soliciting will take place on each day solicitation is to take place. Where solicitation will occur after 6:00 p.m., the Solicitor shall inform the Police Department of the specific streets on which the intended solicitation is to occur.

Item 3. Delete Section 4 in its entirety and replace it with the following:

Section 4
Solicitors must obtain the following approvals, as applicable: An Organization Solicitation Registration and an Individual Solicitation Permit.
A. Organization Solicitation Registration: Every organizational solicitor in the Town of Hingham must submit a fully completed Organization Solicitation Registration form to the Chief of Police using the Organization Solicitation Registration form available at the Police Records Office. The Police Chief shall have twenty (20) days to approve the registration for such organization or notify the applicant that the registration is denied. The registration is non-transferable.
B. Individual Solicitor Permit: Each individual who seeks to solicit must submit a fully completed Individual Solicitation Permit application form and a passport-sized photograph to be used for the permit badge to the Chief of Police. The Individual Solicitation Permit application form shall be available at the Police Records Office. The Police Chief shall have twenty (20) days to approve an Individual Solicitation Permit application or notify the applicant that the permit is denied. Upon approval, the Chief of Police shall cause an individual permit, with picture identification, to issue within five (5) business days. The permit is non-transferable and must be displayed at all times while the permitee is soliciting. Upon request, the permitee shall show his/her permit to a police officer.

Each permit shall be valid for no more than six (6) months from the date of issue.

The organization registrant shall pay a processing fee of $25 for each permit badge issued to individuals soliciting on its behalf. The Police Chief, for good cause shown, may waive this fee.

BASIS FOR DENIAL OF A REGISTRATION

The Chief of Police may refuse to register an organization which has been charged with fraud, deceptive or misleading advertising, or is under investigation by the Attorney General’s Consumer Fraud Prevention Division, until such charge or investigation is disposed of and the organization found not culpable.

No registration shall issue to any organization that the Police Chief determines has violated this by-law. No registration shall issue if the Police Chief determines that the application contains any fraudulent or untruthful statements. The Police Chief is authorized to conduct background checks on applicants to determine suitability related to reasons for denial.

BASIS FOR DENIAL OF A PERMIT

No permit shall issue if the applicant for the permit has ever been convicted of a felony, or any one or more of the following misdemeanors:
Assault and battery;
Breaking and entering a building or ship with intent to commit a misdemeanor;
Larceny;
Shoplifting, cheating by check;
Unlawful or fraudulent use of credit cards;
Unlawful taking of money;
Stealing or poisoning of a dog;
Buying, receiving or concealing stolen goods;
Deceptive advertising;
Making or publishing false statements;
Destruction or injury of a building;
Trespass on property after prohibition; and/or
Trespass with internal combustion engine or source of mechanical power.

No permit shall issue to any person who has violated any provision of this by-law. No permit shall issue if the Chief determines that the individual permit application form is incomplete. No permit shall issue
if the Chief determines that the individual permit application form contains any untruthful or fraudulent statement. The Police Chief is authorized to conduct background checks on applicants to determine suitability related to reasons for denial.

Item 4. Change “license” in Section 5 to “permit or registration.”

Item 5. After Section 5 insert a new “Section 6” as follows and renumber subsequent sections:

Section 6
No person having received a registration or a permit shall represent to the public that the same constitutes an endorsement or approval by the Town or its officials.

Should a permitee be arrested and charged with a crime that is alleged to have occurred in the course of conducting business under the permit, the permit shall be automatically suspended. Such suspension shall last until the resolution of the criminal proceedings. Should the permitee be found guilty of the offense, the permit shall be revoked and no subsequent permit shall be issued.

Upon determination by the Chief of Police that a permitee has been convicted of a felony or any of the above-named misdemeanors, the permit shall be revoked and must be returned to the Police Chief within three (3) business days. Upon a determination that an Organization Solicitor Registration form contains untruthful or misleading information, or that the registrant has been convicted of fraud or found by the Attorney General’s office to have violated any consumer protection law or regulation, the registration and any permits issued under that registration shall be revoked. All revoked permits must be turned in to the Police Department within three (3) days of notice by the Chief to the registrant or permitee. Failure to do so shall constitute a violation of this by-law and each day the permit is not turned in shall constitute a separate offense. Any person or organization that is denied registration or a permit or whose registration or permit has been revoked may appeal by filing a written notice of appeal with the Board of Selectmen. Such appeal must be filed within five (5) days after receipt of the notice of denial or revocation. The Board of Selectmen shall hear the appeal at a regularly scheduled meeting after the filing of the written notice of appeal. The Board of Selectmen shall issue a decision with thirty (30) days of the filing of the appeal.
or act on anything relating thereto?

COMMENT: The requirements for permissible solicitation within the Town of Hingham are defined by The Town By-law Article 36. This warrant article, inspired by increasing numbers of door-to-door solicitations and more complaints by residents of annoyance or fraud to the Police Department, strengthens the requirements and provides for more protections to residents from unwanted and unlawful solicitations.
Highlights of the changes may be summarized as follows:
• Soliciting organizations must obtain registrations and the individuals within the soliciting organization must obtain individual permits.
• The Police Chief is authorized to conduct background checks on applicants to determine suitability related to reasons for denial.
• Organizations which have been charged with fraud, deceptive or misleading advertising, or are under investigation by the Attorney General’s Consumer Fraud Prevention Division, until such charge or investigation is disposed of and the organization found not culpable, will not be allowed to register with the Chief of Police.
• Permits will be denied if the applicant has ever been convicted of a felony, or listed misdemeanors:
• Strict requirements for notification of specific street locations for any solicitations after 6:00PM and an obligations to inform the Police Department as to the areas of Town in which soliciting will take place on each day solicitation is to take place.
• Permit badges, with a picture of the permitee, must be worn at all times and be visible.
The amendments and additions to Article 36 provide the Hingham Police Department greater control over who may solicit within the Town and how such solicitation may be carried out.

RECOMMENDED: That the Town amend the General By-laws of the Town of Hingham adopted March 13, 1939 as heretofore amended, at Article 36 as follows:

Item 1: At Section 1 – Definitions, subsection a. delete the third paragraph and replace it with the following:
Solicitor shall not include any person who secures money, credit, property, financial assistance, or any other thing of value on the plea or representation that it will be used for a charitable, political or religious purpose or that it is to be exchanged for any such goods or services.

Item 2: Delete Section 3 in its entirety and replace it with the following:
“Section 3
All solicitors as defined in Section 1 must obtain a permit if an individual, or a registration if an organization, prior to soliciting within the Town of Hingham All individual solicitors must have said permit in their possession when soliciting within the Town of Hingham. Solicitors are obligated to inform the Police Department as to areas of Town in which soliciting will take place on each day solicitation is to take place. Where solicitation will occur after 6:00 p.m., the Solicitor shall inform the Police Department of the specific streets on which the intended solicitation is to occur.”

Item 3. Delete Section 4 in its entirety and replace it with the following:

Section 4
Solicitors must obtain the following approvals, as applicable: An Organization Solicitation Registration and an Individual Solicitation Permit.
A. Organization Solicitation Registration: Every organizational solicitor in the Town of Hingham must submit a fully completed Organization Solicitation Registration form to the Chief of Police using the Organization Solicitation Registration form available at the Police Records Office. The Police Chief shall have twenty (20) days to approve the registration for such organization or notify the applicant that the registration is denied. The registration is non-transferable.
B. Individual Solicitor Permit: Each individual who seeks to solicit must submit a fully completed Individual Solicitation Permit application form and a passport-sized photograph to be used for the permit badge to the Chief of Police. The Individual Solicitation Permit application form shall be available at the Police Records Office. The Police Chief shall have twenty (20) days to approve an Individual Solicitation Permit application or notify the applicant that the permit is denied. Upon approval, the Chief of Police shall cause an individual permit, with picture identification, to issue within five (5) business days. The permit is non-transferable and must be displayed at all times while the permitee is soliciting. Upon request, the permitee shall show his/her permit to a police officer.

Each permit shall be valid for no more than six (6) months from the date of issue.
The organization registrant shall pay a processing fee of $25 for each permit badge issued to individuals soliciting on its behalf. The Police Chief, for good cause shown, may waive this fee.

BASIS FOR DENIAL OF A REGISTRATION

The Chief of Police may refuse to register an organization which has been charged with fraud, deceptive or misleading advertising, or is under investigation by the Attorney General’s Consumer Fraud Prevention Division, until such charge or investigation is disposed of and the organization found not culpable.

No registration shall issue to any organization that the Police Chief determines has violated this by-law. No registration shall issue if the Police Chief determines that the application contains any fraudulent or untruthful statements. The Police Chief is authorized to conduct background checks on applicants to determine suitability related to reasons for denial.

BASIS FOR DENIAL OF A PERMIT

No permit shall issue if the applicant for the permit has ever been convicted of a felony, or any one or more of the following misdemeanors:
Assault and battery;
Breaking and entering a building or ship with intent to commit a misdemeanor;
Larceny;
Shoplifting, cheating by check;
Unlawful or fraudulent use of credit cards;
Unlawful taking of money;
Stealing or poisoning of a dog;
Buying, receiving or concealing stolen goods;
Deceptive advertising;
Making or publishing false statements;
Destruction or injury of a building;
Trespass on property after prohibition; and/or
Trespass with internal combustion engine or source of mechanical power.

No permit shall issue to any person who has violated any provision of this by-law. No permit shall issue if the Chief determines that the individual permit application form is incomplete. No permit shall issue if the Chief determines that the individual permit application form contains any untruthful or fraudulent statement. The Police Chief is authorized to conduct background checks on applicants to determine suitability related to reasons for denial.
Item 4. Change “license” in Section 5 to “permit or registration.”

Item 5. After Section 5 insert a new “Section 6” as follows and renumber subsequent sections:

Section 6
No person having received a registration or a permit shall represent to the public that the same constitutes an endorsement or approval by the Town or its officials.

Should a permitee be arrested and charged with a crime that is alleged to have occurred in the course of conducting business under the permit, the permit shall be automatically suspended. Such suspension shall last until the resolution of the criminal proceedings. Should the permitee be found guilty of the offense, the permit shall be revoked and no subsequent permit shall be issued.

Upon determination by the Chief of Police that a permitee has been convicted of a felony or any of the above-named misdemeanors, the permit shall be revoked and must be returned to the Police Chief within three (3) business days. Upon a determination that an Organization Solicitor Registration form contains untruthful or misleading information, or that the registrant has been convicted of fraud or found by the Attorney General’s office to have violated any consumer protection law or regulation, the registration and any permits issued under that registration shall be revoked. All revoked permits must be turned in to the Police Department within three (3) days of notice by the Chief to the registrant or permitee. Failure to do so shall constitute a violation of this by-law and each day the permit is not turned in shall constitute a separate offense. Any person or organization that is denied registration or a permit or whose registration or permit has been revoked may appeal by filing a written notice of appeal with the Board of Selectmen. Such appeal must be filed within five (5) days after receipt of the notice of denial or revocation. The Board of Selectmen shall hear the appeal at a regularly scheduled meeting after the filing of the written notice of appeal. The Board of Selectmen shall issue a decision with thirty (30) days of the filing of the appeal.

ARTICLE 40. Will the Town amend the General By-laws of the Town adopted March 13, 1939 as heretofore amended, at Article 10 by deleting in its entirety Section 30A and inserting in its place the following:

“30A No person shall consume an alcoholic beverage as defined by General Laws Chapter 138, Section 1, as amended, or possess an opened container of such beverage, or consume marihuana or tetrahydrocannabinol as defined by General Laws Chapter 94C, Section 1, as amended, within the limits of any park, playground, public building, or any public land (but not including a public way) owned or under the control of the Town of Hingham nor shall any person consume an alcoholic beverage or consume marihuana or tetrahydrocannabinol as previously defined in, on or upon any public way or way to which the public has a right of access as invitees or licensees, including any person in a motor vehicle while it is in, on, or upon any public way or any way to which the public has a right of access as aforesaid, within the limits of the Town of Hingham. Any person who violates this section, as it pertains to alcohol only, and is unknown or whose identity cannot be ascertained may be arrested by a police officer without a warrant. All alcoholic beverages, marihuana or tetrahydrocannabinol being used in violation of this section may be seized and held until final adjudication of the charge against any such person or persons has been made by the court. Whoever violates the provisions of this section as it pertains to alcoholic beverages shall be punished by a fine not exceeding Two Hundred (200) dollars for such offense. Whoever violates the provisions of this section as it pertains to marihuana or tetrahydrocannabinol shall be punished by a fine not to exceed three hundred (300) dollars.”
or act on anything relating thereto?

COMMENT: The Town By-law contained in Article 10, Section 30A, prohibits the public consumption of alcohol.
In November of 2008, Massachusetts voters approved Ballot Question 2, comprised of five sections, entitled "An Act Establishing A Sensible State Marihuana Policy“. The new law replaced the criminal penalties for possession of one ounce or less of marihuana with a new system of civil penalties, to be enforced by issuing citations, and excludes information regarding this civil offense from the state's criminal record information system. The new law defines possession of one ounce or less of marihuana as including possession of one ounce or less of tetrahydrocannibinol ("THC"), or having metabolized products of marihuana or THC in one's body. The new law allows local ordinances or by-laws that prohibit the public use of marihuana.

This warrant article amends Article 10 Public Ways – Common Lands, Section 30A to include prohibition of public consumption of marihuana or tetrahydrocannabinol as defined by General Laws Chapter 94C, Section 1 and imposes a fine not to exceed three hundred (300) dollars.”

RECOMMENDED: That the Town amend the General By-laws of the of the Town adopted March 13, 1939, as heretofore amended, at Article 10 by renaming the title of Section 30A to “Drinking alcoholic beverages and/or consuming marihuana or tetrahydrocannabinol on public way” and by deleting in its entirety Section 30A and inserting in its place the following:
“30A No person shall consume an alcoholic beverage as defined by General Laws Chapter 138, Section 1, as amended, or possess an opened container of such beverage, or consume marihuana or tetrahydrocannabinol as defined by General Laws Chapter 94C, Section 1, as amended, within the limits of any park, playground, public building, or any public land (but not including a public way) owned or under the control of the Town of Hingham nor shall any person consume an alcoholic beverage or consume marihuana or tetrahydrocannabinol as previously defined in, on or upon any public way or way to which the public has a right of access as invitees or licensees, including any person in a motor vehicle while it is in, on, or upon any public way or any way to which the public has a right of access as aforesaid, within the limits of the Town of Hingham. Any person who violates this section, as it pertains to alcohol only, and is unknown or whose identity cannot be ascertained may be arrested by a police officer without a warrant. All alcoholic beverages, marihuana or tetrahydrocannabinol being used in violation of this section may be seized and held until final adjudication of the charge against any such person or persons has been made by the court. Whoever violates the provisions of this section as it pertains to alcoholic beverages shall be punished by a fine not exceeding Two Hundred (200) dollars for such offense. Whoever violates the provisions of this section as it pertains to marihuana or tetrahydrocannabinol shall be punished by a fine not to exceed three hundred (300) dollars.”

ARTICLE 41. Will the Town authorize the Board of Selectmen to transfer the care, custody and control of two parcels of land consisting of approximately 13.6 acres, shown as Lot 7 on Assessors’ Map 211, and Lot 3 on Assessors’ Map 212 to the Conservation Commission?
(Inserted at the request of the Conservation Commission.)

COMMENT: The two parcels in question, owned by the Town, are protected wetlands located along the Old Swamp River near Abington Street. In approximately 2001, a task force including members from several Town departments considered potential uses for the parcels and concluded that they were not suitable for the construction of dwellings. Approval of the article would transfer care of the parcels to the Conservation Commission, consistent with that commission’s responsibility for care of protected wetlands.

RECOMMENDED: That the Town authorize, but not require, the Board of Selectmen to transfer the care, custody and control of two parcels of land consisting of approximately 13.6 acres, shown as Lot 7 on Assessors’ Map 211, and Lot 3 on Assessors’ Map 212 to the Conservation Commission.

ARTICLE 42. Will the Town designate Martins Lane in Hingham as a Scenic Road pursuant to Chapter 40, Section 15C of the Massachusetts General Laws (Scenic Roads Act) upon the recommendation and request of the Historical Commission and in accordance with the Rules and Regulations of the Planning Board adopted under the Scenic Roads Act on April 2, 1984, as amended, or act on anything related thereto?

COMMENT: The Town adopted the Scenic Roads Act at the 1978 Annual Town Meeting. Since then, Union Street, Lazell Street, Free Street, a portion of Leavitt Street, Turkey Hill Lane, South Pleasant Street and Popes Lane have been designated Scenic Roads in the Town.

The Board of Selectmen, the Historical Commission and the Conservation Commission have voted in favor of designating Martins Lane as a Scenic Road

The entire length of Martins Lane—from Summer Street to its termination at the entrance to the 251-acre World’s End Reservation, owned and maintained by The Trustees of Reservations--would be encompassed by the Scenic Road designation. The rural character of the street is enhanced by mature trees and stone walls of exceptional quality; it offers exceptional views of Hingham Harbor and World’s End.

Since shade trees along all Town right-of-ways are already protected through the Town’s adoption of the Public Shade Tree Law (M.G.L. Ch. 87), the Scenic Road designation basically adds protection for those stone walls in or bordering a so-designated right-of-way. Each of these laws governs only the land contained within a Town right-of-way.

Within thirty days of the Scenic Road designation, the Planning Board would be obligated to notify all municipal departments, the State Department of Public Works, and all affected utility companies that any repair, maintenance, reconstruction, or paving work done shall not involve the tearing down or destruction of stone walls except with the prior written consent of the Planning Board after a duly advertised public hearing attended by the Tree Warden, as appropriate.

RECOMMENDED: That the Town designate Martins Lane in Hingham as a scenic road in accordance with MGL Chapter 40, Section 15C and the corresponding Rules and Regulations of the Planning Board adopted on April 2, 1984, as amended.

ARTICLE 43. Will the Town adopt the United States Environmental Protection Agency motorcycle exhaust system noise and labeling requirements as set forth in 40 CFR, Section 205.169 (2008) together with all sections referenced therein and require that all post 1982 model year motorcycles operating on public roads in Hingham have the requisite manufacturer’s frame and exhaust system labeling; and allow the Town police department to cite operators of any motorcycles not in compliance with this article as a violation of G.L. c. 90, Section 7U, G.L. c. 90, Section 16 and/or any other applicable rule, regulation and/or statute?

The EPA provisions allow easy, convenient and safe enforcement of illegal motorcycle exhaust system noise by matching up federally mandated labels embossed on the exterior of the muffler to a frame label required on all post 1982 model year motorcycles sold in the United States.
(Inserted at the request of Thomas P. Sobran and others)

COMMENT: As obnoxious as loud motorcycle exhaust noise can be, there are several reasons why this article is not an effective solution. First and foremost, the article is legally flawed. On the basis of established precedent, and the advice of Town Counsel, it is all but certain that the required approval of the Attorney General will be denied, as it has been denied when other towns attempted to regulate the operation of motor vehicles, including motorcycles, on public ways. For example, when Brookline approved a by-law prohibiting the use of cell phones while operating a motor vehicle on any of its streets (excepting public safety personnel while on duty), the Attorney General disapproved the by-law as inconsistent with the provisions of M.G.L. c. 90, governing the regulation and operation of motor vehicles in the Commonwealth. Therefore, the Attorney General ruled the by-law invalid under the Massachusetts Constitution. According to the Attorney General’s opinion in 2001, Chapter 90, and the rules promulgated thereunder, constituted a “comprehensive scheme of regulation that is field-preemptive of the subject dealt with by the proposed by-law.” In other words, towns cannot legislate in areas, such as the operation of motor vehicles, that the Commonwealth already regulates comprehensively. For the same reason, the Supreme Judicial Court invalidated Brockton’s attempt to ban the use of motorcycles on its streets.
Second, even if the Town legally could regulate the use and operation of motorcycles on the streets of Hingham, this article would be unnecessary because excessive exhaust noise is specifically prohibited by state law. M.G.L. c. 90, Section 16, prohibits the operation of any motor vehicle “so as to make a harsh, objectionable, or unreasonable noise.” It also prohibits the use of a muffler cut-out or by-pass, the use of a muffler from which the baffle plates, screens or other original internal parts have been removed and not replaced, and the modification of an exhaust system in a manner which will amplify or increase the noise emitted by the exhaust. Furthermore, Section 7U of Chapter 90 prohibits the operation of a motorcycle “in such a manner as to exceed eighty-two decibels when operated within a speed zone of forty-five miles per hour or less, or in such a manner as to exceed eighty-six decibels when operated within a speed zone of over forty-five miles per hour measured at fifty feet using the prescribed highway vehicle sound level measurement procedure.” Massachusetts regulations, at 540 CMR 3.02 and 3.03, specify allowable noise levels for motorcycles and the procedures for measuring motorcycle noise. In fact, the Hingham Police Department stops excessively noisy motorcycles and cites their operators for violations of Chapter 90, Section 16.
Third, the Hingham Police Department does not support this article for several reasons beyond the fact that it is not necessary. As a practical matter, its officers are neither trained nor equipped to search for EPA labels on motorcycle frames and exhaust systems. The persons most qualified to inspect motorcycle exhaust systems are the trained technicians who perform the required annual safety inspections at licensed inspection stations. As a legal matter, the inspections anticipated by this article might implicate, to a greater degree than most motor vehicle stops, the Fourth Amendment’s requirement of probable cause to conduct a search by using a mirror or by crawling beneath the motorcycle. Unlike the proposed article, Chapter 90, Section 16, of the General Laws is readily enforceable on all public ways and requires no particular police training or search of the motorcycle.
The proposed article is ill-advised for several other reasons. For one thing, it is illogical to equate the absence of matching EPA compliance labels, applied by the original equipment manufacturer (“OEM”), with a violation of Massachusetts statutes and regulations prohibiting excessive motorcycle exhaust noise. A replacement exhaust system (necessitated, for example, by an accident), purchased in the motorcycle parts aftermarket, does not necessarily produce greater noise than the OEM’s labeled exhaust system, much less noise that violates Massachusetts law. Furthermore, the article purports to incorporate not only labeling regulations of the EPA and two specific Massachusetts statutes prohibiting excessive motorcycle noise, but also “any other applicable rule, regulation and/or statute.” Such vague and indefinite legal references have no proper place in a by-law designed to regulate the operation of motor vehicles in the Town of Hingham, even if such local regulation were legally permissible.
For all these reasons, the Advisory Committee cannot support favorable action on this petition article.

RECOMMENDED: That no action be taken on this article.

ARTICLE 44. Will the Town amend the General By-laws of the Town adopted March 13, 1939, as heretofore amended, at Article 37, Section 11, to allow the Country Club Management Committee, in conjunction with the Selectmen, to enter into lease agreements, dealing with the provision of food and beverage at the South Shore Country Club, for a term of not less than one (1) year but in no event greater than ten (10) years, with up to three additional extensions of no more than five (5) years each, based on mutually agreed upon performance criteria, or act on anything relating thereto?

COMMENT: The current contract with the third party lessee providing the food and beverage service at the South Shore Country Club is due to expire in March 2010. In anticipation of this event, the Country Club Management Committee [CCMC] in concert with the Director of Operations, have reached out to the business community to see if other vendors are interested in providing this service. To date, a number of vendors, as well as the current operator, have responded positively to this effort. During these discussions, it became clear that the current seven-year lease term limitation, under Article 37 of the town by-laws, is not sufficient for the vendors to make the needed capital improvements to the facility. It is the CCMC’s intention to require vendors to include a commitment to perform upfront capital improvements to the facility as part of their proposal to provide food and beverage service in the Country Club’s restaurant and function halls. It is anticipated that this additional flexibility will provide the CCMC with added bargaining strength during negotiations and result in a more favorable contract with the provider of these services from April, 2010, going forward.

RECOMMENDED: That the Town amend the General By-laws of the Town adopted March 13, 1939, as heretofore amended, at Article 37, Section 11, to read:
For the purposes of Section 12 of Chapter 30B of the Massachusetts General Laws, to allow the Country Club Management Committee, in conjunction with the Selectmen, to enter into lease agreements, dealing with the provision of food and beverage at the South Shore Country Club, for a term of not less than one (1) year but in no event greater than ten (10) years, with up to three additional extensions of no more than five (5) years each, based on mutually agreed upon performance criteria; the bowling facilities for a term not exceeding seven (7) years; and, may enter into golf maintenance contracts for a term not exceeding five (5) years.

ARTICLE 45. Will the Town authorize the Board of Selectmen to enter into an intermunicipal agreement, or petition the Great and General Court to enact special legislation, establishing a regional dispatch center or district, or act on anything relating thereto?

COMMENT: In the interests of improving public safety by providing improved Emergency Medical Dispatch, enhancing the safety of police and fire personnel, and reducing costs at the same time, the Boards of Selectmen in Hingham, Cohasset, Hull, and Norwell, as well as the police and fire chiefs in each town, unanimously support an intermunicipal agreement or special legislation creating a regional emergency dispatch center or district based in Hingham. The Regional Dispatch Committee (“the Committee”), comprised of town officials and the police and fire chiefs from all four towns, has analyzed the operations of each town’s E 9-1-1 dispatch center, and found that significant operational efficiencies and cost savings would be achieved by merging the four dispatch centers into a single E 9-1-1 center. The Committee further found that Hingham’s current Town Hall, with certain modifications, could most readily accommodate the merged centers.

Specifically, the Committee concluded that the residents of Hingham, Cohasset, Hull, and Norwell, as well as fire, EMS, and police personnel in the four-town service area, would enjoy a greater level of safety with improved radio systems, common database software, a common set of operational protocols, and increased information-sharing across all agencies. The Committee believes that these benefits would improve emergency response times and ensure compliance with State and Federal standards.

The Committee further found that the proposed consolidation would improve services to the general public in the following respects: E 9-1-1 callers would receive a higher level of service; emergency medical dispatch (“EMD”) would be provided across all four towns; and certified EMD dispatchers would provide pre-arrival medical advice and instructions in accordance with national standards.
In addition, the creation of a regional dispatch center would result in better application of available technology. Software upgrades would facilitate information-sharing and require only one license agreement, not four. New radio systems would eliminate dead spots and standardize frequency bands. A regional dispatch center would also allow the four towns to obtain a higher level of interoperability for the police and fire departments, strengthen the mutual-aid network, enhance coordination of police and fire departments through a centralized communications center, and promote better coordination and information-sharing as police and fire personnel respond to emergencies in the four-town service area. Furthermore, after reviewing the costs of emergency dispatch services in each of the four towns, the Committee concluded that a regional dispatch center would yield substantial cost savings to each town.

Yet another significant advantage offered by regionalization are the grant opportunities that it would afford. These opportunities include grants from the Commonwealth of Massachusetts that increase the amount of training funds available for dispatchers, provide funds for upgrades and new equipment required to develop a regional dispatch center, provide funding from the Wireless Fund to towns, and fund infrastructure improvements to establish a regional dispatch center.

In fact, in March of this year, the Executive Office of Public Safety and Security and the State 911 Department awarded a grant of $1 million to the Town of Hingham, as the host community, to establish the proposed regional dispatch center. The four towns intend to apply for additional grant money for communications equipment. It is hoped that the new facility will be operational by July 1, 2010, and that, in time, up to four more nearby towns will join the regional dispatch center.
For the reasons cited by the Regional Dispatch Committee, the Advisory Committee joins the Board of Selectmen in recommending favorable action on this article.

RECOMMENDED: That the Town authorize the Board of Selectmen to enter into an intermunicipal agreement or petition the Great and General Court to enact special legislation establishing a regional dispatch center or district.

ARTICLE 46. 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 one (1) additional site-specific Restaurant Common Victualler All Alcoholic Beverages License to Six Station Street LLC, 6 Station Street, or act on anything relating thereto?

COMMENT: The 2008 Annual Town Meeting approved Article 34, which refers to the intent of the “Settles Glass” property owners to build a restaurant and/or retail space at 6 Station Street. The owners, Six Station Street LLC, are in the process of finalizing a site plan for a 150-seat restaurant, which is now under review by various permitting authorities. Construction is not expected to start before mid-2009, with completion anticipated for late 2009 or early 2010. The owners seek a site-specific All Alcoholic Beverages License in order to appeal to the broadest possible clientele once the restaurant opens.

Alcoholic beverage licenses are granted to towns on the basis of population. At present, Hingham has issued all its allotment of these licenses and, therefore, must petition the Great and General Court of the Commonwealth if it is to have the authority to issue the above-stated site-specific license.

If authorized by Town Meeting, the Board of Selectmen will petition the legislature for authorization to issue one additional, site-specific All Alcoholic Beverages license, which will be valid only for the 6 Station Street property. The Board of Selectmen is required to hold a public hearing before voting on the owner’s license application.

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 one (1) additional site-specific Restaurant Common Victualler All Alcoholic Beverages License to Six Station Street LLC, 6 Station Street.

ARTICLE 47. Will the Town accept an extension of the drainage easement shown as “As-Built Street Plan”, Heather Lane, Hingham, Massachusetts, prepared by Hayward-Boynton & Williams, Inc., dated November 27, 2007, by extending said easement an additional three (3) feet as shown as relocated drainage easement on “As-Built Street Plan, Heather Lane, Station 0+0 to Station 5+87.20, Hingham, Massachusetts, prepared by Grady Consulting, L.L.C., dated May 23, 2008, from Stephen J. McCoy and Ann M. McCoy, 5 Heather Lane, or act on anything relating thereto?

COMMENT: The Town currently enjoys a drainage easement, used by the Town’s Department of Public Works (DPW), over real property belonging to Stephen J. and Ann M. McCoy of 5 Heather Lane. The McCoys wish to use a certain section of land within the easement, and accordingly proposed to DPW that the easement be relocated by three feet. DPW believes that relocation of the easement as the McCoys propose will not interfere with the drainage benefits provided by the easement in its current location. Approval of this article would authorize the Town to accept a relocated easement.

RECOMMENDED: That the Town authorize but not require the Board of Selectmen to accept an extension of the drainage easement shown as “As-Built Street Plan”, Heather Lane, Hingham, Massachusetts, prepared by Hayward-Boynton & Williams, Inc., dated November 27, 2007, by extending said easement an additional three (3) feet as shown as relocated drainage easement on “As-Built Street Plan, Heather Lane, Station 0+0 to Station 5+87.20, Hingham, Massachusetts, prepared by Grady Consulting, L.L.C., dated May 23, 2008 from Stephen J. McCoy and Ann M. McCoy, 5 Heather Lane.

ARTICLE 48. Will the Town accept the laying out, as a town way, of a way beginning at the intersection of Gardner Street extending 500 feet, more or less, in a Southerly direction as shown through a turnaround as shown on a plan entitled: “As-Built Plan, Gardner Woods, Hingham, MA, dated 9/30/08, prepared by Neil Murphy Assoc., and the name Windsong Way be given said way, or act on anything relating thereto?

COMMENT: The above referenced street has been inspected by all interested Town departments, i.e., Fire Department, Department of Public Works, Planning Board and Conservation Commission, and has been found satisfactory in all material respects. As of March 18, 2009, one resident’s lawn watering system encroaches on the right of way. The Selectmen, who, under Massachusetts General Laws, must make a formal determination to lay out the street prior to its acceptance, have directed the homeowner to move the lawn watering system such that it no longer encroaches on the right of way. The Selectmen’s laying out of the street has been deferred until the homeowner takes the necessary action.

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

ARTICLE 49. Will the Town accept the laying out, as a town way, of a way beginning at the intersection of Turkey Hill Lane extending approximately 700 feet, more or less, in a northerly direction as shown on plan entitled: Roadway Plan and Profile (As-Built) Riverview Realty Trust Great Rock Road, dated 7/30/04, prepared by Sitec Inc. and the name Great Rock Road be given said way, or act on anything relating thereto?

COMMENT: The above referenced street has been inspected by all interested Town departments, i.e., Fire Department, Department of Public Works, Planning Board and Conservation Commission, and each has concerns related to the acceptability of the street as a town way. The Fire Department objects to the current road width of 18 feet, which is less than the normal 24 feet required of most newly constructed roads in town. The narrower width impedes the ability of Fire Department vehicles to safely respond to emergencies on the street. The Department of Public Works has concerns about the curbing on the street and noted that the pavement and certain manholes require repair. The Planning Board and Conservation Officer have both noted several discrepancies in the As-Built Plans that need to be addressed.

The subject street is adjacent to wetlands and it is believed by some that plans for Great Rock Road were modified over time to address concerns related to the protection of the wetlands. Such modifications may have included a narrowing of the street to its current width of 18 feet.

Great Rock Road was approved by the Planning Board under the Subdivision Control Act in the late-1980s, though due to lengthy litigation construction did not commence until nearly a decade later. The Planning Board has limited records related to the final roadway layout as it was removed from its oversight responsibilities with respect to this project under a court order.

The petitioners have offered to give to the Town two undeveloped parcels of land adjacent to the subject street. This gift is under consideration by the relevant authorities, including the Conservation Commission. Acceptance of this gift is pending, among other matters, resolution of certain drainage issues.

As of March 18, 2009, the petitioners have taken steps to address many of the issues raised by the Town; however, it is unlikely that the street will be ready for acceptance prior to Town Meeting. The Selectmen, who, under Massachusetts General Law, must make a formal determination to lay out the street prior to its acceptance, have deferred such determination for the time being.

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

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 three designated polling places in said Town of Hingham according to their precinct, to wit: Precincts 1, 2, 3, and 5: High School 17 Union Street; Precincts 4 and 6: Middle School, 1103 Main Street on SATURDAY, the second day of May 2009 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 Town Clerk to serve three years; one member of the Board of Health to serve three years; two members of the School Committee to serve three years; a member of the Planning Board to serve five years; a member of the Sewer Commission to serve three years; a member of the Recreation Commission to serve five years; a member of the Municipal Light Board to serve three years; and a member of the Housing Authority to serve five years.

To give their votes “Yes” or “No” on the following a ballot question:
“Shall the Town of Hingham be allowed to assess an additional $1,100,000 in real estate and personal property taxes for the purpose of operation of the new elementary school for the fiscal year beginning July first, 2009?”

And you are directed to serve this warrant by causing an attested copy thereof to be posted in the Town Hall seven days at least before the day appointed for said meeting.

Hereof fail not and make due return of this warrant with your doings thereon to the Town Clerk on or before eighth day of April 2009.

Given under our hands at Hingham this 7th day of April 2009.
John A. Riley
Laura A. Burns
L. Bruce Rabuffo
A True Copy
Attest:

Kathleen A. Peloquin
Constable of Hingham
April 8, 2009

By virtue of the within warrant I hereby certify that I have noticed and warned the inhabitants of the Town of Hingham, qualified to vote in town affairs to meet at the time and place indicated in the above warrant by causing an attested copy thereof to be published in The Hingham Journal seven days at least before the day appointed for said meeting. It was presented to and posted by the Town Clerk in the Town Hall on this date.
Kathleen A. Peloquin
Constable of Hingham
April 8, 2009