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Annual Town Meeting Articles, April 26, 2010

PDF Format: 2010 Warrant and Supplementary Report of the Advisory Committee, Re: Articles 17, 28, 33, 46 and 58

Click on the article number to read the full text of the article.  Please note that revisions will appear in italics.

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-sixth day of April 2010 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 her 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, 2009, the fund assets totaled $16,088 of which $1,088 was available for distribution.  The principal of $15,000 is held in trust and is not available for distribution.

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

      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; Commission on Disability Issues; Community Preservation Committee; Conservation Commission; Country Club Management Committee; Council on Aging; Energy Action Committee; GAR Hall Trustees; Harbor Development Committee; Hingham Historic Districts Commission; the Historian; Historical Commission; Board of Managers of Lincoln Apartments LLC; Long-Range Waste Disposal and Recycling Committee; Memorial Bell Tower 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; and Water Supply 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.

      RECOMMENDED:  That the reports, if any, of the Affordable Housing Trust; Animal Shelter Site Study Committee; Capital Outlay Committee; Commission on Disability Issues; Community Preservation Committee; Conservation Commission; Country Club Management Committee; Council on Aging; Energy Action Committee; GAR Hall Trustees; Harbor Development Committee; Hingham Historic Districts Commission; the Historian; Historical Commission; Board of Directors of Lincoln Apartments LLC; Long-Range Waste Disposal and Recycling Committee; Memorial Bell Tower; Open Space Acquisition Committee; Public Works Building Committee; Regional Refuse Disposal Planning Committee;  Scholarship Fund Committee; 2006 School Building Committee; Wastewater Master Planning Committee; and Water Supply Committee be received, and that all of said Committees, Commissions, the Council and the Historian be continued.

      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, 2010 or as otherwise specified in said report or agreements; that the Town raise and appropriate the sum of zero dollars for the purpose of this vote; and that the Town Accountant is hereby authorized and instructed to allocate said sum to and among the several Personal Services and Expense Accounts in such amounts, respectively, as are proper and required to meet such amendments and to comply with such collective bargaining agreements as may be entered into by the Board of Selectmen on behalf of the Town.

      ARTICLE 5.  Will the Town fix the salaries of the following Town Officers, viz:
1. Selectmen    
2. Treasurer/Collector
3. Assessors
4. Town Clerk
5. Municipal Light Board;
or act on anything relating thereto?

      RECOMMENDED:   That, subject to the proviso below, the salary from July 1, 2010 through June 30, 2011 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 request of the Board of Selectmen, at the annual rate of $1,750.00 each, except that the Chair shall receive an annual rate of $2,250.00 for the period of incumbency.
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, 2010, 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, 2010, 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.

Full list of Town Expenses - See Page 22 of the Town Warrant

      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, 2010, 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 $450,000, 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, 2010, 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 sustained 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 performing electrical, gas, and plumbing inspections.  For the fiscal year ended June 30, 2009, the fund had $157,529 in revenues and $154,122 in expenditures. For the six-month period ended December 31, 2009, the fund had $77,661 in revenues and $75,466 in expenditures.

RECOMMENDED:  That, in accordance with the provisions of Massachusetts General Laws, Chapter 44, Section 53E 1/2, which allows the Town to establish departmental revolving funds, the Town authorizes the continuation of such a fund in the Building Department.  Departmental receipts for building inspections performed by the Assistant Building Inspectors shall be credited to the fund.  Moneys shall be spent primarily to compensate such inspectors for their services.  The Building Commissioner, or functional equivalent, shall be authorized to spend moneys from the fund.  The amount that may be spent from the fund shall be limited to $250,000 during Fiscal Year 2011.

ARTICLE 10.  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 20010, or act on anything relating thereto?

RECOMMENDED:  That no action be taken on this article.

ARTICLE 11.  Will the Town appropriate a sum or sums of money from the Stabilization Fund and/or from available reserves 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 in the Stabilization Fund for future tax reduction.  It is proposed to transfer $111,486 from the Stabilization Fund for the purpose of reducing the fiscal year 2011 tax rate. 

In addition, $466,000 is to be transferred from available reserves in accordance with the March 25, 2009 Statement signed by the Board of Selectmen, School Committee and Advisory Committee committing to taxpayer relief.

The funds were not available in time to mitigate the FY2010 tax rate so they are being directed to provide reduction of the FY2011 tax rate.

RECOMMENDED:  That the Town appropriate the sum of $577,486, for the purpose of reducing the fiscal year 2011 tax rate to meet said appropriation $111,486 be transferred from the Stabilization Fund and $466,000 be transferred from  said available reserves.

ARTICLE 12.  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 2009 fiscal year. 

RECOMMENDED:  That the Town transfer from available funds the sum of $29,413.53 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 13.  Will the Town transfer a sum of money from the Receipts Reserved for Appropriation:  Insurance Recovery in Excess of $20,000 for use by the Department of Public Works, or act on anything relating thereto?
 
COMMENT:   This article seeks to transfer a sum of money received in an insurance settlement for the damage done to a DPW vehicle that was totaled during a snow storm to help pay for a new vehicle.  Massachusetts General Law prohibits the expenditure of insurance recoveries in excess of $20,000 without approval of Town Meeting.
     
RECOMMENDED:  That the Town transfer the sum of $25,000 from the Receipts Reserved for Appropriation:  Insurance Recovery in Excess of $20,000 for use by the Department of Public Works to purchase a replacement vehicle.

ARTICLE 14.  Will the Town appropriate a sum of money from the Community Preservation General Reserve for addition to the Community Preservation Committee’s Administrative Fund, or act on anything relating thereto?

      COMMENT:  The Community Preservation Act (MGL c,44B §6) allows up to 5% of annual CPA revenues to be reserved for operating and administrative expenses.  These appropriations include property appraisals, design and bid costs, office supplies and the salary of a part- time administrator hired in 2007.  Since the Act was adopted by the Town in April 2001, Town Meeting has approved administrative expenses of $54,000 (2003), $50,000 (2005) and $60,000 (2007).  Hingham’s administrative appropriations have averaged 1.9% of annual CPA revenues compared to the 5% allowed by the Act.  The funds requested are expected to provide ongoing administrative expenses for the next three fiscal years.

      RECOMMENDED:  That the Town appropriate $50,000 from the Community Preservation General Reserve for addition to the Community Preservation Committee’s Administrative Fund.

ARTICLE 15.  Will the Town appropriate a sum of money from the Community Preservation Historic Resources Reserve to be used for funding of the rehabilitation of Building 112 located at Bare Cove Park, currently used by the Bare Cove Fire Museum, or act on anything relating thereto?

COMMENT: Building 112, owned by the Town of Hingham since 1971, is located in Bare Cove Park and houses the Bare Cover Fire Museum. The building, designated as a historic resource by the Hingham Historical Commission, is one of the few remaining intact structures from the Hingham Naval Ammunition Depot established in 1909. The Depot operated throughout World War I, World War II and the Korean War, playing an important role in munitions manufacturing. At its peak in 1945, the Depot had over 2,400 civilians and military residents and supplied a large portion of the munitions used by the United States forces on the European front. The Building itself was constructed circa 1922 and underwent a partial renovation in 1983. The Bare Cove Fire Museum, a non-profit entity operated entirely by volunteers for the benefit of the Town, has occupied the building since 1981. The museum collection is significant and includes antique fire fighting apparatus, such as Ladder 1, Hingham’s first motorized ladder truck built in 1922; fire fighting equipment, such as hoses and nozzles from the 19th century; and archival photos and documents. Nearly all of the collection is comprised of Hingham specific artifacts, telling the history of firefighting in the Town from the 1800s to the present. Due to the age of the structure, the corrugated roof has deteriorated such that numerous leaks occur during any rainfall.  In addition to damage to the structure itself, the museum artifacts are suffering from decay due to water and high humidity caused by the leaking. The roof and one exterior wall of the building are composed in part of asbestos which is in need of remediation. Finally, portions of the building walls were filled with cinder block during the 1983 renovation, which is contributing to deterioration of the brick walls and causing leaking through the walls in addition to the roof. The Bare Cove Fire Museum has proposed a rehabilitation plan for the building that includes remediation of the asbestos, replacement of the roof, repointing of brickwork and replacement of the cinder block filler with brick for an estimated cost of $252,000.

RECOMMENDED: That the Town appropriate $252,000 from the Community Preservation Historic Resources Reserve for the rehabilitation of Building 112 located at Bare Cove Park.

ARTICLE 16. Will the Town appropriate a sum of money from the Community Preservation Community Housing Reserve Account to be used for partial funding of the renovation of affordable housing condominium units at 80 Beal Street, or act on anything relating thereto?

COMMENT: In late 2009, the Hingham Affordable Housing Trust (HAHT) purchased the former Amego social services building at 80 Beal Street with the intention of converting the building to three or four condominium units to be sold as permanent affordable housing.  In connection with the purchase, the HAHT gave a mortgage on the property.  It has requested $150,000 from the Community Preservation Fund to pay for a portion of the cost of renovation, and the Community Preservation Committee has recommended that the Town appropriate such funds.  The contemplated renovation is subject to zoning approval and the issuance of necessary permits. Renovation of the building and sale of the condominiums are expected to be completed in the middle of 2012.  Until that time, the HAHT will make mortgage payments and pay carrying costs (as distinguished from the renovation costs) on the property with its own funds.  In the event that revenues from the sale of the units exceed the costs of acquisition and renovation, the HAHT will pass any remaining funds (or at least such funds of $150,000 or less) on to the purchasers of the housing units in order to make the units more affordable.  The HAHT plans to solicit comment and opinion on the project from neighbors prior to Town Meeting.  In addition, the HAHT contemplates that it may erect a second structure on the land at 80 Beal Street, subject to all necessary approvals, for the creation of several more affordable housing units.  This latter construction project would not be funded by the $150,000 described herein. 

RECOMMENDED: That the Town appropriate up to $150,000 from the Community Preservation Community Housing Reserve to be used to fund a portion of the cost of renovating a building at 80 Beal Street, which building, when renovated, would contain condominium units to be sold as affordable housing by the Hingham Affordable Housing Trust (HAHT), the owner of the land and building at 80 Beal Street, such appropriation to be contingent upon the issuance of all necessary building permits and other permits required for the renovations described herein.

ARTICLE 17.  Will the Town appropriate $250,000 from the Community Preservation Community Housing Reserve for acquisition by Father Bill’s/Mainspring of Lot 001, Map 78 known as 111-113 Fort Hill Street, for creation of six units of affordable housing for veterans, or act on anything relating thereto?

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

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 housing development.  The state has not provided the Hingham Housing Authority with an increase in its operation budget for close to fifteen years and as a result the Authority has not been able to fund capital expenditures to replace the aging boilers.  If a boiler fails, the Housing Authority requests and in some instances has received emergency funds to replace the boiler but has to incur costs associated with temporary housing for the impacted residents.  During fiscal 2010, emergency state funds were made available and several old boilers were replaced.  However, two original boilers remain of the same vintage (33 years old) as those that have been replaced.  These two boilers service 26 residents.  Despite several verbal commitments from the state housing authorities, no funds have been committed for replacement of two boilers.

It is expected that the Selectmen along with elected state representatives will continue to pursue state funding to replace these boilers.  It is also expected that the Hingham Housing Authority will reimburse the CPC for any moneys spent out of the recommended appropriation that are collected from the state for this purpose.  The Advisory Committee believes the upkeep of Thaxter Park is a state responsibility.  Using CPC funds will facilitate timely repair of the boilers but is not meant to be an ongoing or permanent source of funds for the Hingham Housing Authority.

      RECOMMENDED:  That the Town appropriate $54,700 from the Community Preservation Community Housing reserve, such amount to be expended under the direction of the Hingham Housing Authority, for replacement of two boilers at the Thaxter Park Housing Development.

ARTICLE 19.  Will the Town appropriate a sum of money from the Community Preservation Historic Resources Reserve to be used by the Historical Commission to prepare a historic structures report and design documents to better define the scope of work and detailed cost estimate for the preservation and restoration of the Hingham Memorial Bell Tower, bells, “hand ringing” and chime apparatus, or act on anything relating thereto?

COMMENT: The Hingham Memorial Bell Tower, Town-owned and managed by the Hingham Historical Commission, is located at 68R Main Street next to the Old Ship Meeting House. The Bell Tower was built in 1912 to commemorate the 275th anniversary of Hingham. As we celebrate the 100th anniversary of the Bell Tower in 2012, the bells and tower are badly in need of repairs and restoration. The Bell Tower is one of only eleven freestanding, “change ringing” towers in North America and contributes to the history, beauty and uniqueness of Hingham. Due to their age and exposure to weather and humidity, the bells need to be reconditioned and tuned, the ferrous components in the bells and carriage frame need to be replaced and the tower needs to be stabilized. Adding computerization will allow tune-playing during holidays and other occasions, bell-striking on the hour and half hour, and many other capabilities adding to the enjoyment of Town life. The initial Community Preservation Committee application contemplated costs associated with the restoration of the bells, strikers, carriage frame and computerized tune-playing with minimal allocations for bell and carriage removal and tower restoration. With professional assessment based on visual inspection and observations, in depth analysis and consultation with experts, however, the projected scope of work increased.

Given the complexities of this project, particularly the bell and carriage frame removal and replacement strategy and logistics and the tower structural repairs, the Hingham Historical Commission is recommending that during 2010 an architect of record and a structural engineer be hired to better define the strategy and scope of the project as it relates to the bell and carriage frame removal, restoration and relocation in the tower, and the tower structural repairs, and prepare plans and specifications to form the basis of a detailed scope of work and preparation of a refined cost estimate. This will allow the Hingham Historical Commission to return to the Community Preservation Committee in 2011 with a more accurate request for financing and will allow sufficient time to look for other sources of funding to assist in the restoration of the Hingham Memorial Bell Tower.

RECOMMENDED: That the Town appropriate $38,000 from the Community Preservation Historic Resources Reserve to be used by the Hingham Historical Commission to prepare a historic structures report and design documents to better define the scope of work and detailed cost estimate for the preservation and restoration of the Hingham Memorial Bell Tower, bells, “hand ringing” and chime apparatus.

ARTICLE 20.  Will the Town appropriate a sum of money from the Community Preservation Open Space Reserve to be used for partial funding of the dredging of Foundry Pond, or act on anything relating thereto?

COMMENT: Foundry Pond, managed by the Conservation Commission, is located just off Kilby Street and is the last impoundment of the 14.4 square miles of drainage area in Hingham, Norwell and Rockland serviced by the Weir River. Man-made activities in the watershed over the 200 plus years of the pond’s existence have caused over half of the former millpond to be filled with sediment. Runoff from roadways, construction sites, farming, and land clearing have generated tons of this sediment, which has reduced the surface area of the pond. Sediment limits the ability to operate the dam and to regulate the pond level during large storm events, resulting in localized flooding upstream that has been the subject of some legal actions brought by abutters. Additionally, the once robust smelt and herring fish run has been greatly diminished due to the inability to regulate flows from the pond during downstream migration.  Finally, the impervious nature of the pond results in more sediment being scoured from stream beds and carried into World's End, threatening the eel grass habitats for shell and fin fish as well as contributing to the sediment build-up in the Inner Harbor. Using funds appropriated by the 2009 Annual Town Meeting, the Conservation Commission, with the assistance of appropriate engineering consultants, has designed a preservation plan to safely dredge the pond to remove the sediment buildup with minimal ecological damage, at an estimated total cost of $650,000. Such dredging is necessary to rid the pond of silt and the growth of invasive species that threaten the destruction of the pond, which is essential for upstream drainage as well as preservation of a diverse wildlife habitat. Expenditure of the $162,500 in this appropriation is contingent upon receipt of the remainder of the funds for the project from the Commonwealth of Massachusetts or other funds available to the Town, which matching or commitment must occur by June 30, 2011, unless the date is extended by the Board of Selectmen upon recommendation of the Community Preservation Committee.  If no matching funds are obtained, this project may be brought before a future Town Meeting.

RECOMMENDED: That the Town appropriate up to $162,500 from the Community Preservation Open Space Reserve for partial funding of the dredging of Foundry Pond, such appropriation to be contingent upon receipt of the remainder of the necessary funds for the project from the Commonwealth of Massachusetts or other funds available to the Town, provided that such contingency is satisfied, or a written commitment for necessary funding is received, no later than June 30, 2011, unless such date is extended by the Board of Selectmen upon recommendation of the Community Preservation Committee.

      ARTICLE 21.  Will the Town appropriate a sum of money from the Community Preservation Historic Resources Reserve to purchase an underground time capsule to commemorate Hingham’s 375th Anniversary Celebration, or act on anything relating thereto?

      COMMENT: As part of the Town’s 375th Anniversary Celebration, the Celebration Committee plans to purchase a time capsule to house all records of events and commemorative items connected with the year-long celebration to represent this time period in the history of Hingham for future historic interest. This time capsule will be placed directly on top of the time capsule previously placed in the ground after the year-long 350th Anniversary Celebration of 1985. The location is on the East Street side of the Hingham Public Library lawn. Its exact location is marked by a commemorative ground plaque.  The capsule will be constructed, purchased, and filled with items in preparation for the final ceremony. This ceremony will be scheduled after the closing events in September 2010. Funds raised independently by the 375th Anniversary Committee will be used for the burial of the time capsule.

      RECOMMENDED: That the Town appropriate $1,216 form the Community Preservation Historic Resources Reserve for the purchase of a steel underground time capsule to commemorate Hingham’s 375th Anniversary Celebration.
     
      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 annual 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 .005% 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 recreational use), historic resources, and low and moderate income housing.  The source of revenue for this fund is a 1.5% surcharge on Town real estate taxes and matching state grants.
In fiscal year 2009, Hingham taxpayers contributed $687,190 to this fund, and the state match was $238,819, for a total of $926,009 available to fund CPC projects. In fiscal 2010, Hingham taxpayers are expected to contribute $765,000 to this fund, with a state match of $237,000, for a total of $1,002,000.

The current CPC surcharge costs the owner of an average assessed home in Hingham approximately $90.47per year.  Adoption of this article would reduce that cost to $0.30, for an annual tax reduction of $90.17.
Adoption of this article would reduce property taxes for Hingham homeowners but significantly limit the resources and capabilities of the Community Preservation Committee.  It would also reduce the available state matching grants.  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 in the Town, the proposed reduction in the surcharge would make meaningful efforts in these areas limited and ineffectual over the long term. 

If adopted, the reduction in the CPC surcharge would take effect beginning July 1, 2011 for the Town’s 2012 fiscal year.

      RECOMMENDED:     That no action be taken on this article.

      ARTICLE 23.  Will the Town direct the Moderator to appoint a committee of seven/ten citizens of the Town, knowledgeable in Town affairs, one of whom will be designated by the Moderator as Chairman, to be known as the Committee to Review the Efficiency and Effectiveness of Town Government, which Committee shall review all aspects of local government organization and structure, including, without limitation, regional relationships and the operation of all Town departments, boards, committees and commissions, elected and appointed, and recommend changes in such organization and structure, consonant with the traditional values of the Town, and designed to achieve greater efficiency and effectiveness in the delivery of government services; which recommendations shall be made in form suitable for consideration at the next Annual Meeting, or subsequent Town Meeting, and will the Town raise and appropriate or transfer from available funds a sum of money for the expenses of such Committee, or act on anything relating thereto?
(Inserted at the request of Alexander Macmillan and others)

      COMMENT:  Government Study Committees were established by favorable vote under Article 51 at the 1990 Annual Town Meeting and Article 21 at the 1999 Annual Town meeting.  An earlier effort to consider certain reforms utilizing the less flexible Charter Commission approach did not meet with success.
The two studies in the 1990’s focused on the overall management of the Town, budgeting, capital planning, personnel administration, fiscal policy and departmental consolidation. 
Hingham today is facing unprecedented fiscal challenges with a down economy and recession; limitations imposed by Proposition 2 ½; State fiscal problems resulting in decreased state aid in all categories; rising labor costs; escalating medical and benefits costs; and growing demand for services.  We must continue to seek efficiencies - collaborating with neighboring towns where possible and consolidating or reforming municipal departments where necessary.  The challenge is to do so sensibly, respecting our rich history, shared priorities, and concerns of both the Town’s residents and its loyal, long-term employees.
Recommendations from the earlier Government Study Committees have included the following:
•     Consolidating of Highway, Landfill and Tree and Park Departments into the DPW;
•     Making the Treasurer/Collector an appointed rather than an  elected  position;
•     Consolidating the Treasurer/Collector and Town Accountant Departments, with a Financial Director, hired by the Board of Selectmen, who reports to the Town Administrator;
•     Removing the Police Chief and Fire Chief positions from Civil Service;
•     Recommending that the School Committee consider entering into a regional school district;
•     Merging the DPW and Sewer Departments;
•     Changing governance of the South Shore Country Club by creating a Management Committee of five citizens appointed by the Selectmen for three-year terms;
•     Establishing a new executive budgeting procedure, under which the Board of Selectmen prepares and submits a consolidated Town budget for review by the Advisory Committee, which then makes its recommendation to Town Meeting;
•     Creating the position of Executive Secretary, with duties later expanded for the re-titled Town Administrator position.
Town Meeting, as the ultimate decision-maker, is free to approve certain of the recommendations made by the Government Study Committee and to reject others.
Since neither the Board of Selectmen nor the Advisory Committee has the time or resources to undertake a study of this scope, the work is best undertaken by a special committee of impartial and knowledgeable citizens appointed by the Moderator  who will make their recommendations to the next - or if necessary, subsequent -  Town Meetings.
The Committee shall reflect the range of skills, knowledge and experience required to complete the complex task.
The Committee will present an update and, if ready, results of their work at the 2011 Annual Town Meeting and the 2012 Annual Town Meeting.
The Advisory Committee recommends favorable action on this Article.

      RECOMMENDED:  That the Town vote to direct the Moderator to appoint a Committee of seven citizens of the Town, knowledgeable in its affairs, one of whom will be designated by the Moderator as Chairman, to be known as the 2010 Committee to Review the Efficiency and Effectiveness of Town Government (also known as the 2010 Government Study Committee, which Committee shall examine all aspects of local government organization and structure, including, without limitation, regional relationships and the operation of all Town departments, boards, committees and commissions, elected and appointed, and recommend changes in such organization and structure, consonant with the traditional values of the Town, and designed to achieve greater efficiency and effectiveness in the delivery of government services; which recommendations shall be made in a form suitable for consideration at the next Annual Town Meeting, or subsequent Town Meetings, and to authorize the Town to raise and appropriate the sum of $10,000 for the expenses of such Committee.

      ARTICLE 24.  Will the Town vote the following administrative positions to be permanently eliminated:  The Chief of Police, The Fire Chief, The Harbormaster, The DPW Superintendent, the Town Accountant (CFO), Town Administrator, The Light Plant Manager, the School Superintendent, the Principals of: the High School, the Middle School, Foster Elementary School, Plymouth River School,  South School and East School, and all Safety Officers who are police officers, or take any other action relative thereto?
(Inserted at the request of Russell Reeves and others)

      COMMENT: The Town of Hingham Personnel Board has developed a deliberate and fair process to define and compensate positions of Town employment.  Some existing positions are required by statute, while others are not.  A proposal to restructure the Town’s government by eliminating certain positions is best left to a government study committee.
     
      RECOMMENDED:  That no action be taken on this article.

      ARTICLE 25.  Will the Town of Hingham vote to increase the Board of Selectmen from three persons to five, or take any action relative thereto?
(Inserted at the request of Russell Reeves and others)

      COMMENT:  An increase in the number of Selectmen was rejected at the 2005 Annual Town Meeting after extensive debate and consideration.  It was also rejected at the 2004 Annual Town Meeting.  There are many pros and cons related to this issue that are best considered by a government study committee.
     
RECOMMENDED:  That no action be taken on this article.

   ARTICLE 26.  Will the Town vote to establish an Audit Committee to assist in the selection of an independent auditing firm to conduct an annual audit of the financial statements of the Town, or act on anything relating thereto?

        COMMENT: Following the example of the private sector, many municipalities have established audit committees to assist the executive branch of local government in managing the municipality’s relationship with its external audit firm.  In addition to overseeing the auditor selection process, the audit committee will meet periodically with the independent audit firm to monitor the progress of the Town’s annual audit and to receive feedback from the firm with regard to strengths and weaknesses in the Town’s fiscal policies and system of internal controls.  The audit committee will also work with the Board of Selectmen, Town Administrator, and Finance Director to ensure that any weaknesses in internal controls identified by the independent audit firm are quickly remediated.  The establishment of an audit committee will enhance the financial management of the Town at no cost to the taxpayers.

        RECOMMENDED: That the Town  establish an Audit Committee to assist in the selection and monitoring of an independent auditing firm to conduct annual audits of the financial statements of the Town.   The voting members of the Audit Committee will consist of five citizens of the Town , of whom three members will be appointed by the Moderator and two members will be appointed by the Board of Selectmen.  The initial terms of appointment will commence July 1, 2010 and will be staggered as follows:  the three members appointed by the Moderator will be appointed to terms of one, two and three years, respectively.  The two members appointed by the Board of Selectmen will be appointed for terms of two and three years, respectively.  Thereafter all terms will be for three years.  No members may serve for more than two consecutive three-year terms, not including service for a shorter term or to fill a vacancy for the unexpired portion of a three–year term.

Under the direction of the Selectmen, the Audit Committee will ask the Town Administrator to issue, at least every three years, a Request For Proposals for an independent auditing firm to conduct, in accordance with generally accepted auditing standards, an annual audit of the financial statements of the Town . The Audit Committee will recommend to the Board of Selectmen the firm to conduct the audit. 

The Audit Committee will supervise and review the conduct of the audit and its relationship with the Town. To maintain the independence and transparency of the Audit Committee, both in appearance and in fact, voting members shall be citizens of Hingham, volunteers, not otherwise employed by the Town or serving on a Town elected or appointed committee or board. The Town Administrator and the Town Accountant/Finance Director shall serve as non-voting members of the Committee. The Chairman of the Advisory Committee shall appoint two of its members to serve as liaisons to the Audit Committee.

The Audit Committee shall meet in public session at least four times per fiscal year; shall appoint a chairman annually with no individual member serving as chairman for more than three consecutive years; and shall periodically report to the Town at an open meeting to the Board of Selectmen on its activities and findings.
The Audit Committee shall establish a charter for its work and annually review that charter with the Board of Selectmen.

        ARTICLE 27.  Will the Town amend the General By-Laws of the Town of Hingham, adopted March 13, 1939, as heretofore amended, at Article 14, by deleting the current PART 2 and replacing it with the following:

“PART 2
CAPITAL OUTLAY COMMITTEE
SECTION 1 - There shall be a Capital Outlay Committee (Committee), which shall perform the duties set forth in the following sections of this Article 14 and be governed by the provisions hereof.  Said Committee shall consist of five citizens of the Town, appointed as provided in the following sections, and the Town Accountant ex-officio.

SECTION 2 - The moderator shall appoint three members of said Committee.  Prior to the commencement of each fiscal year, the moderator shall appoint one member to said Committee to serve a term of three years, commencing on the first day of the fiscal year next following the appointment.

SECTION 3 - The Chairman of the Advisory Committee, at or about the commencement of each fiscal year, shall appoint, from among the members of the Advisory Committee, two members of said Committee to serve a term of one year, beginning on the first day of said fiscal year.

SECTION 4 - Whenever any vacancy shall occur in the Committee, it shall be filled by the appointing authority which appointed the member whose position shall have become vacant.  Any person appointed to fill a vacancy in the Committee shall hold office for the unexpired term of the person whom he or she succeeds.

SECTION 5 - The Town Accountant, as an ex-officio member of the Committee, shall not be entitled to vote on the making of recommendations to be included in its reports. The Committee shall choose its own officers and shall serve without compensation.

SECTION 6 - It shall be the duty of the Committee to ascertain annually what capital outlays will be required by the Town during the next five years.  In making this determination, it may consult with Town, county, and state officials, and with other boards and committees of the Town.  It shall publish and distribute to each voter an annual report and such further reports as it deems advisable, and shall include in such reports its recommendation for scheduling capital outlays and for the financing of such outlays as in its judgment cannot be, or should not be, paid for entirely out of current revenues.”
or act on anything relating thereto?

      COMMENT:            Article 14, PART 2 of the General By-Laws of the Town defines the composition and duties of the Capital Outlay Committee.

This proposed amendment eliminates the requirement for the Town Accountant to be a Town resident, simplifies the language in Sections 2 and 3 regarding appointments, sets the time-horizon of capital-planning at five years, and modifies the description of annual report contents to reflect actual Committee practice during the past several years.

      RECOMMENDED:   That the Town amend the General By-Laws of the Town of Hingham, adopted March 13, 1939, as heretofore amended, at Article 14, by deleting the current PART 2 and replacing it with the following:

“PART 2
CAPITAL OUTLAY COMMITTEE
SECTION 1 - There shall be a Capital Outlay Committee (Committee), which shall perform the duties set forth in the following sections of this Article 14 and be governed by the provisions hereof.  Said Committee shall consist of five citizens of the Town, appointed as provided in the following sections, and the Town Accountant ex-officio.

SECTION 2 - The moderator shall appoint three members of said Committee.  Prior to the commencement of each fiscal year, the moderator shall appoint one member to said Committee to serve a term of three years, commencing on the first day of the fiscal year next following the appointment.

SECTION 3 - The Chairman of the Advisory Committee, at or about the commencement of each fiscal year, shall appoint, from among the members of the Advisory Committee, two members of said Committee to serve a term of one year, beginning on the first day of said fiscal year.

SECTION 4 - Whenever any vacancy shall occur in the Committee, it shall be filled by the appointing authority which appointed the member whose position shall have become vacant.  Any person appointed to fill a vacancy in the Committee shall hold office for the unexpired term of the person whom he or she succeeds.

SECTION 5 - The Town Accountant, as an ex-officio member of the Committee, shall not be entitled to vote on the making of recommendations to be included in its reports. The Committee shall choose its own officers and shall serve without compensation.

SECTION 6 - It shall be the duty of the Committee to ascertain annually what capital outlays will be required by the Town during the next five years.  In making this determination, it may consult with Town, county, and state officials, and with other boards and committees of the Town.  It shall publish and distribute to each voter an annual report and such further reports as it deems advisable, and shall include in such reports its recommendation for scheduling capital outlays and for the financing of such outlays as in its judgment cannot be, or should not be, paid for entirely out of current revenues.”

     
      ARTICLE 28.  Will the Town of Hingham amend Article 15 (Harbor By-Law) of the General By-Laws of the Town by deleting Article 15 in its entirety and replacing it with the following:
 
ARTICLE 15
HARBOR BYLAW

SECTION 1 -     Authority and Enforcement
The Harbormaster, Deputy Harbormaster, and Assistant Harbormasters each have the authority to enforce this article, Chapter 90B State Boating Laws, Chapter 102 Shipping and Seamen, Harbors and Harbor Masters, Chapter 130 State Marine Fisheries Regulations, Chapter 131 State Inland Fish Regulations, CMR 321 Division of Fisheries and Wildlife, and CMR 324 Public Access Board Regulations and other applicable laws or regulations.

SECTION 2 - Definition of Terms
”Anchor” - To hold a vessel in place by lowering a heavy weight into the water by cable, chain, line or other method.
“Anchorage areas” - Areas designated for anchoring.
“Channel” - a navigable route for the passage of vessels, established by customary use or under the authority of federal, state or municipal law.
“Harbormaster” - The harbormaster, deputy harbormaster and assistant harbormasters duly appointed by the Board of Selectmen.
“Hingham Harbor” - The waters of the sea lying within the limits of the Town of Hingham affected by the ebb and flow of the tides.
“Hingham Waterways” - The navigable bodies of water within the Town of Hingham including the ponds, rivers, streams, seas, and oceans.
“Inner Harbor” - The waters that lie South of a line drawn from Broad Cove to the southmost tip of Ragged Island, and then continuous due east to land.
“Moor” The making fast of a boat, raft, or float by means of cables, anchors, lines, chains, or other device or contrivances, to the ocean bottom, the shore, or a dock, slip, pier, or marina; meaning and intending that this phrase applies to boats, rafts or floats which are secured to the ocean bottom, as well as to boats, rafts, or floats secured to a dock or slip in a marina.
“Mooring” - A semi-permanent anchorage installation, consisting of an anchor, chain, mooring buoy, and pennant.
“Person” - An individual; a receiver; a trustee; a co-partnership; joint venture; a firm; an unincorporated association; a syndicate; a trust; a corporation; or any other entity.
“Skin Diving” - Swimming underwater with the aid of fins, mask, snorkel tube, or self contained apparatus for the assistance of breathing.

“Vessel” - The word “vessel” shall mean ships of all kinds, barges, sailing vessels, watercraft and powerboats of any type or kind by whatever means propelled, every structure designed, adapted or capable of being navigated, towed or operated on water from place to place for the transportation of merchandise, people, or for any other purpose, except a seaplane on the water used or capable of being used as a means of transportation on water.

SECTION 3 – Waterways Regulations
The Harbormaster shall promulgate regulations governing vessels and activities that take place on and around Hingham Waterways, including, without limitation, moorings, floats, waiting lists, shellfish and related matters. These regulations shall be submitted to the Board of Selectmen for approval and then to the environmental police for review. Upon approval by the Selectmen, a notice shall be published in a newspaper in circulation in the Town of Hingham and copies thereof shall be made available through the Harbormaster's Office upon request. Said regulations may be amended from time to time in the manner hereinbefore set forth.

SECTION 4 - Wake Restrictions
No vessel shall exceed the speed of six (6) nautical miles per hour or be operated at speed which shall cause a visible wake within the confines of Hingham Harbor, except while engaged in water skiing or the use of personal watercraft in areas as defined on charts issued for such use by the Board of Selectmen.

SECTION 5 - Skin Diving
Any person skin diving in Hingham Harbor shall:

(a) Obtain the written approval of the Harbormaster in advance, designating the permitted area;
(b) Operate from a vessel occupied and under the control of at least one other natural person not less than eighteen (18) years of age;
(c) Display a diver's flag consisting of a red field and a white diagonal stripe not less than twelve (12) inches square, held upright on a float or other similar device at a height sufficient to be visible to passing vessels; and
(d) Tow said float and flag with him while he is on surface or submerged in water, unless for commercial purposes permission in writing is granted by the Harbormaster to display floats or flags in some other manner for the protection of divers in Hingham Harbor.
SECTION 6 - Water Skiing
No person shall operate a vessel in Hingham Harbor or in the Hingham Waterways of the Back River or Weir River (which are Areas of Critical Environmental Concern) while towing water skiers, aquaplanes or other similar devices except in areas defined on charts issued by the Board of Selectmen, and in no event shall any such vessel be operated within one hundred fifty (150) feet of any beach or swimming float.

SECTION 7 - Obstruction of Channels
 No private marker, mooring or anchorage buoy, lobster pot buoy, or other temporary or permanent marker may be placed in the fairway or channel of Hingham Harbor at any time without the express written permission of the Harbor Master. Any such marker or buoy, so placed in any fairway or channel in Hingham Harbor, shall be construed as a hazard to navigation, and shall be removed by the person causing it to be in place, upon the order of the Harbormaster, or may be removed by the Harbormaster, with no liability to the Harbormaster or the Town of Hingham, or the agents, servants, or employees of either.

SECTION 8 - Unauthorized Boarding or Moving of any Vessel
No person, other than the Harbormaster or a person acting with the Harbormaster's written consent, shall board or move any vessel in mooring or anchorage or molest any tender except in case of emergency or with the express consent of the owner or master of said vessel.

SECTION 9 - Conformance with Existing Regulations and Disclaimer
Nothing contained herein shall be construed to conflict with the jurisdiction of the United States Government with respect to the enforcement of navigation, shipping, anchorage, and associated laws of the United States, or any lawful regulation of the Division of Waterways of the Department of Environmental Protection, or the Environmental Police or any of the laws of the Commonwealth of Massachusetts.

The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.

 SECTION 10 – Violation
Whoever violates any section or provision of this Article shall be liable for a penalty of fifty (50) dollars per day for each violation.  
SECTION 11 – Effective Date
This Article shall become effective upon approval of the Director of Environmental Police and the expiration of five (5) days after a legal posting in a newspaper of general distribution in the Town of Hingham.
Or act on anything related thereto?

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

      ARTICLE 29.  That the Town require the Board of Selectmen to forthwith approve sufficient funds to erect, establish, and maintain traffic lights at the four way intersection of Main Street (Rt. 228), Cushing Street, and South Pleasant Street.
(Inserted at the request of Bernard Manning and others)

      COMMENT:            The 2003 Annual Town Meeting created, under Article 32, a Traffic Safety Study Committee, directing the Committee to evaluate and recommend effective traffic safety solutions for the Main/Free/High and Main/Cushing/South Pleasant intersections at the 2004 Annual Town Meeting.  Their investigation produced the following accident data:
Free/High/Main              Cushing/So. Pleasant/Main
1992-94 Avg.    8                                  6
1999-01 Avg.     6                                 6           
2002               13                                  6
2003                 9                                  5         
As a result of their deliberations, the committee voted to recommend a series of traffic calming measures (which were subsequently implemented), and then monitor accident rates to see if they were effective in improving traffic safety at these two intersections.  After watching the accident trends climb, the Board of Selectmen voted to install a traffic signal at the High/Free/Main intersection.  This project was completed in ,2006.  The statistics below document the ensuing accident patterns:

Free/High/Main              Cushing/So. Pleasant/Main
2004     13                                5
2005     12                                4
2006     10                                4
2007     4                                  5
2008     5                                  6
2009     5                                  0
It is clear that the installation of the traffic signal at High/Free/Main has improved safety at that intersection, and it is also apparent that there has been no increase in the accident trend at Cushing/So. Pleasant/Main.  While lengthy queues do still occur at the Cushing St. intersection, motorists now have an alternative; they can choose to utilize the existing signalized intersection at High/Free/Main to access Main Street.

      RECOMMENDED:  That no action be taken on this article.

      ARTICLE 30.  Will the Town establish terms of office for the members of the Board of Directors of Lincoln Apartments LLC, which was incorporated pursuant to the vote under Article 1 of the Warrant for the Special Town Meeting held October 27, 2008, or act on anything relating thereto?

      COMMENT:  Pursuant to the favorable action of the October 27, 2008 Special Town Meeting which created the Lincoln School Apartments Board of Directors and authorized the Board of Selectmen to make additional arrangements for the governance of the Lincoln School Apartments, and since Town Meeting did not establish terms of office for the Lincoln School Apartments Board of Directors, the Board of Selectmen proposes terms of office as follows:  the term of office shall be for three years, except that the term of the first member appointed initially by the Moderator shall expire on June 30, 2010, the terms of one member initially appointed by the Selectmen and the member initially appointed by the Hingham Affordable Housing Trust shall expire on June 30, 2011, and the terms of the remaining two members, one appointed by the Selectmen and one by the Hingham Affordable Housing Trust, shall expire on June 30, 2012.
The Advisory Committee does not find the terms as proposed to be unreasonable.  The terms are consistent with other like boards in Hingham.

      RECOMMENDED:  That the following terms of office are hereby established for the members of the Board of Directors of Lincoln Apartments LLC, which was incorporated pursuant to the vote under Article 1 of the Warrant for the Special Town Meeting held October 27, 2008:
The initial terms of office of the members of the Board of Directors appointed in 2009 shall expire as provided below and thereafter the terms of office of the members shall in each case be three (3) years:

(1)  the member appointed by the Moderator -  on June 30, 2010;

(2)  the members appointed by the Board of Selectmen, as designated by said Board – one member on June 30, 2011 and one member on June 30, 2012;

(3)  the members appointed by the Hingham Affordable Housing Trust, as designated by said Trust – one member on June 30, 2011 and one member on June 30, 2012.

      ARTICLE 31.  Will the Town authorize, but not require, the Board of Selectmen to: (1) petition the Great and General Court of the Commonwealth to enact special legislation to permit the area  encompassing all of the land in southwest Hingham that is included in the Industrial Park and Office Park Districts, as well as the small residentially-zoned carve-outs on Abington Street, as shown on the map entitled ‘Zoning Map – Parts A and C of Town of Hingham Massachusetts,’ prepared by Coler and Colantonio and dated 2009, to connect to the Weymouth sewer system and/or the Massachusetts Water Resources Authority (MWRA) sewer system; and, (2) enter into permanent membership and become a permanent member of the MWRA for the supply of a supplemental public water supply for the Town of Hingham in accordance with Section 8(d) of Chapter 372 of the Acts of 1984 and any successor legislation thereto, and authorize the Board of Selectmen to enter into long-term contracts and/or agreements to carry out the foregoing and, further, to maintain and further such membership, or act on anything relating thereto?

      COMMENT:            Securing special legislation is the first step towards provision of adequate sewer and water service to the commercially-zoned properties included in the Industrial Park and Office Park Districts in South Hingham.  Sewering of the Industrial/Office Park Area will enable:   (1) low-impact, high-value development; (2) increased permit-fee and property-tax revenue for the Town; and, (3) local job growth.
The Massachusetts Water Management Act of 1986 requires that every gallon of wastewater removed by sewer through an inter-basin transfer be replenished on a one-for-one basis.  Authorizing the Board of Selectmen to join the MWRA provides a third option for sourcing such replacement water in addition to utilizing the Aquarion Water Company of Massachusetts or the Town of Weymouth.  The choice of provider will be based on a number of factors, the most important of which are cost and adequacy of supply. 

      RECOMMENDED:   That the Town authorize, but not require, the Board of Selectmen to: (1) petition the Great and General Court of the Commonwealth to enact special legislation to permit the area encompassing all of the land in south-west Hingham that is included in the Industrial Park and Office Park Districts, as well as the small residentially-zoned carve-outs on Abington Street, as shown on the map entitled ‘Zoning Map – Parts A and C of Town of Hingham Massachusetts,’ prepared by Coler and Colantonio and dated 2009, to connect to the Weymouth sewer system and/or the Massachusetts Water Resources Authority (MWRA) sewer system; and, (2) enter into permanent membership and become a permanent member of the MWRA for the supply of a supplemental public water supply for the Town of Hingham in accordance with Section 8(d) of Chapter 372 of the Acts of 1984 and any successor legislation thereto, and authorize the Board of Selectmen to enter into long-term contracts and/or agreements to carry out the foregoing and, further, to maintain and further such membership.

      ARTICLE 32.  Will the Town:  (1) create a sewer district encompassing all of the land in southwest Hingham that is included in the Industrial Park and Office Park Districts, as well as the small residentially-zoned carve-outs on Abington Street, as shown on the map entitled ‘Zoning Map – Parts A and C of Town of Hingham Massachusetts,’ prepared by Coler and Colantonio and dated 2009, to be known as the Industrial/Office Park Sewer District; and (2) place such sewer district under the control of the Board of Sewer Commissioners, or act on anything relating thereto?

      COMMENT:            In July, 2009, the Comprehensive Wastewater Management Committee released its draft report identifying the Industrial Park Area—containing the Industrial Park and Office Park Districts—as a top Town priority for consideration of sewer treatment. 

In December, 2009, the South Shore Chamber of Commerce presented to Town officials and the Hingham Business Council a study describing economic-development challenges and opportunities in the Industrial Park Area.  The study highlighted the lack of sewer service as a major hurdle to development.  Shortly thereafter, a well-established, reputable developer submitted a permit application to the Planning Board to build a major medical facility in the Industrial Park Area; the permit was approved by the Planning Board on March 1, 2010.  To help secure Town support for sewer service, the developer offered to bear the cost of constructing the first phase of sewer infrastructure—estimated to be approximately $500,000—which would enable connection of the Industrial Park Area to Weymouth’s sewer main.

In response to the two aforementioned studies, a potential near-term building project which could provide the Town substantial new permit fees and property-tax revenues, and a developer willing to absorb significant construction costs, the Board of Selectmen commissioned a conceptual planning study in December, 2009.  The study was jointly funded by Planning Board, Board of Health, and Sewer Commission funds supplemented by two major developers currently in the Industrial Park Area.  The study’s purpose was to determine the feasibility of creating a new Industrial/Office Park Sewer District, which would be served by the Massachusetts Water Resources Authority (MWRA) through a connection with Weymouth’s sewer system. 

A February 2010 initial meeting with representatives of the Weymouth Sewer Department elicited a positive response regarding such an Industrial Park Area sewer connection, based on the volume of flows proposed.  Likewise, an initial meeting in February among Town officials, Industrial Park Area business representatives, and the MWRA generated a similarly positive response regarding the MWRA’s receptivity to serving the proposed sewer district.

      RECOMMENDED:   That the Town: (1) create a sewer district encompassing all of the land in southwest Hingham that is included in the Industrial Park and Office Park Districts, as well as the small residentially-zoned carve-outs on Abington Street, as shown on the map entitled ‘Zoning Map – Parts A and C of Town of Hingham Massachusetts,’ prepared by Coler and Colantonio and dated 2009, to be known as the Industrial/Office Park Sewer District; and (2) place such sewer district under the control of the Board of Sewer Commissioners.

      ARTICLE 33. Will the Town raise and appropriate or transfer from available funds a sum of money for the design, engineering, and application for connection of a sewer district, encompassing all of the land in southwest Hingham that is included in the Industrial Park and Office Park Districts, as well as the small residentially-zoned carve-outs on Abington Street, as shown on the map entitled ‘Zoning Map – Parts A and C of Town of Hingham Massachusetts,’ prepared by Coler and Colantonio and dated 2009, to be known as the Industrial/Office Park Sewer District, to the Massachusetts Water Resources Authority (MWRA) sewer system, or act on anything relating thereto?

      COMMENT:            Creation of the proposed Industrial/Office Park Sewer District by the Town requires submission to and approval by the MWRA of a detailed application containing information about community support for the project, estimated build-out, wastewater flows, and environmental impacts.  

The Town will contract with a knowledgeable engineering firm to work with the Town Administrator, Director of Community Planning, Projects Engineer, and Sewer Commission to perform the design, engineering studies, and cost-estimation necessary for completion of the MWRA sewer application at a fixed cost to the Town of $58,000.

Preliminary estimates of permit fees from the recently-permitted medical facility development are approximately $150,000.  Feedback from existing commercial property owners in the Industrial Park Area indicates that access to sewer would likely prompt similar revenue-generating development in the form of new construction or expansion of existing facilities.

Were the MWRA application for sewer connection to be approved, the design and construction costs of any related sewer-infrastructure development would be privately financed on either a ‘pay-as-you-go’ basis—similar to the approach employed during the commercial re-development of the former Hingham Shipyard—or through betterment assessments.  In the unlikely event that any Town-financed sewer-infrastructure development were to be contemplated, prior Town Meeting authorization would be required.

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

      ARTICLE 34. Will the Town accept Chapter 64L, Section 2(a) of the Massachusetts General Laws, which provides for an excise of .75% on the sale of meals within the Town, with the intention of funding with the proceeds a Stabilization Fund, which Fund may be used for the purpose of providing for extraordinary expenses, examples of which might be unusually high snow and ice removal or health care expenses, or expenses related to capital purchases which require the Town to incur debt, or which are created by a debt-exclusion override, or act on anything related thereto?

      COMMENT:  In 2009, the Legislature approved a new local-option meals tax to provide a measure of relief for towns facing budget shortfalls, in part due to cuts in State aid.  Towns may levy a tax of up to 0.75% on meals provided at restaurants.  For example, a $60 meal would cost an additional 45 cents.  Seventy-three cities and towns have already adopted this meals tax, including Boston and most communities in the metropolitan Boston area.  If this Article receives Town Meeting approval, Hingham would be the first South Shore community to adopt the tax.  The Department of Revenue estimates that annual revenue to Hingham would be approximately $225,000.

The Commonwealth limits ways in which local communities can raise revenue, leaving towns mostly dependent on real estate taxes.  A steady rise in real estate taxes can create a disproportionate burden for long-time residents of modest means as well as residents on fixed incomes.  Since it is only assessed on meals eaten away from home, the proposed tax is avoidable, providing a less regressive means to raise revenue.  In addition, a portion of the tax will be generated through meal expenditures of non-residents, thus also limiting the impact on Hingham taxpayers.

A recent article in The Boston Globe succinctly stated that “opponents say it singles out restaurants unfairly, has a potential chilling effect on dining out, and should take a back seat to budget cuts”.  Also noted in the article were the comments of Harvard economics professor Edward Glaeser saying: “It’s a tiny tax increase, and tiny tax increases are likely to have tiny impacts on behavior.”  However, he hastened to add, “just because it’s tiny doesn’t make it right”.  Some members of the Advisory Committee echoed these concerns, adding that a recession is a terrible time to be raising any taxes.

In addition, this Article requires that the tax proceeds be deposited into a Stabilization Fund (as defined by Chapter 40, Section 5B of the Massachusetts General Laws) to be established by the 2011 Annual Town Meeting.  The New Stabilization Fund cannot be established at this time since we won’t collect any funds generated by this tax until the Fall of 2010.  Depositing money into a New Stabilization Fund must be authorized each year and requires a two-thirds vote of Town Meeting.  It will also require a two-thirds vote of Town Meeting to appropriate money from the Fund. 

Both the Board of Selectmen and the Advisory Committee expressed the desire that these revenues be used to ameliorate the impact of extraordinary expenses, and not for forecastable operating expenses.  Examples of uses discussed are to cover unexpectedly high snow and ice removal or health care expenses, or reduce the cost to taxpayers of a debt-exclusion override for either capital or operating needs.  Town Meeting must specify allowable uses at the time the New Stabilization Fund is established, and reaffirm those uses in succeeding years.  Therefore, the citizens of the Town will have ample opportunity to control the uses of these funds.

      RECOMMENDED:  That the Town accept Chapter 64L, Section 2(a) of the Massachusetts General Laws, which provides for an excise of 0.75% on the sale of meals within the Town, the proceeds to be deposited into a New Stabilization Fund to be established by the 2011 Annual Town Meeting.

      ARTICLE 35.  Will the Town authorize, but not require, the Board of Selectmen to enter into a license or other agreement relating to the use of the Iron Horse parking lot (Assessors’ Map 50, key no. 50) on such terms as the Board of Selectmen determines to be in the best interests of the Town, or act on anything relating thereto?

      COMMENT:  The marina located at 3 Otis Street on Hingham Harbor lacks sufficient on-site parking to rent all of its 38 slips.  This article seeks to solve the problem.  The Board of Selectmen and Bare Cove Properties LLC (“Bare Cove Properties”), the owner of the marina, wish to enter into an agreement by which the Town would grant a non-exclusive lease of 19 parking spaces in the Iron Horse parking lot, adjacent to 3 Otis Street, to Bare Cove Properties, so that it will have sufficient parking to rent all of its slips, which are in demand by members of the boating public.  The parking lot contains 128 standard automobile parking spaces, 2 handicapped spaces and 29 trailer spaces.  Although terms of the contemplated lease have not been fully negotiated, the Selectmen and Bare Cove Properties anticipate that, in exchange for leasing the parking spaces, the Town would share in a substantial portion of Bare Cove Properties’ revenue from rental of its slips.  The “non-exclusive” aspect of the lease means that no parking spaces would be reserved for the marina, but that its slip tenants would be allowed to park in spaces in the Iron Horse lot on a first-come, first-served basis, along with other members of the public.  The Selectmen and Bare Cove Properties do not anticipate that the lease will meaningfully interfere with access to parking in the lot, because a study completed by Selectmen’s Harbor Parking Committee has concluded that on the vast majority of days, including most weekends in summertime, the parking lot is not filled to capacity.  The Hingham Harbor Development Committee supports the article.  The Advisory Committee considers it a sensible use of essentially extra space that will put private property to the most efficient public use and generate needed revenue for the Town.

      RECOMMENDATION:  That the Town authorize, but not require, the Board of Selectmen to enter into a license or other agreement relating to the use of the Iron Horse parking lot (Assessors’ Map 50, key no. 50) on such terms as the Board of Selectmen determines to be in the best interests of the Town.

      ARTICLE 36. Will the Town amend the General By-Laws of the Town of Hingham, adopted March 13, 1939, as heretofore amended, by adding the following Article 40, or act on anything relating hereto?:

ARTICLE 40 - THE NAMING OF PUBLIC BUILDINGS AND PUBLIC LANDS

SECTION 1. Purpose:
This by-law is enacted to establish the process by which, in naming, renaming or otherwise designating public buildings and public lands, the Town seeks to recognize individuals, locations and/or events of significance in local history and local affairs.

SECTION 2. Definitions:
1.   “Designate” - the act of calling by a distinctive title, term, or expression any public buildings or public lands as defined in this by-law.
2.   “Name” – a word or phrase that constitutes the distinctive designation of any public building or public lands as defined in this by-law.
3.   “Rename” – the act of redesignating any public buildings or public lands as defined in this by-law
4.   “Public Building” – any structure, edifice or other facility owned or maintained by the Town of Hingham, or any department or agency thereof.
5.   “Public Lands” – any real property owned or maintained by the Town of Hingham, or any department or agency thereof, including, but not limited to, playgrounds, parks, courts, athletic fields, intersections and medians, and private ways on public lands, but not including public ways regulated by Article 10 of the General By-laws.
6.   “Features” – benches, bricks, flagpoles, plaques, parking spaces, trees, scoreboards, and signs or other markers located on public lands or within public buildings.

SECTION 3. Procedure:
1.   The naming, renaming or other designation of any public building or public lands shall be by majority vote at an Annual Town Meeting. Once a public building or public lands have been named, they shall not be renamed unless there are exceptional circumstances.
2.   Any proposed name or designation of any public building or public lands shall be submitted to the Board of Selectmen for its review and recommendation as to the appropriateness thereof. Following a duly-advertised public hearing, and with the advice of the Hingham Historical Commission, the Board shall forward its recommendation to the Annual Town Meeting.
3.   No public building or public lands shall be named for any living person or shall bear the name of a commercial enterprise.
4.   The naming, renaming or other designation of individual rooms, areas or sub-areas  within a public building, or areas or sub-areas associated with any public lands, shall be by the department or agency having jurisdiction over the same, and paragraphs 1, 2 and 3 of this section shall not apply, provided that:
(a)  such rooms, areas, or sub-areas  constitute less than 25% of the public building or public lands at or in which the same may be located;
(b)  the same shall not be named for any living person;
(c)  no such room, area or sub-area shall bear the name of a commercial enterprise; and
(d)  a duly-advertised public hearing is held at which such naming, renaming or designation is considered and acted upon by said department or agency. Any person objecting to such naming, renaming or designation by the department or agency may, within 10 days thereafter, appeal the action in writing to the Board of Selectmen, which shall, after a duly advertised public hearing, approve or reject the action.
5.   The installation and naming, renaming or other designation of features shall be by the department or agency having jurisdiction over the same. The Board of Selectmen may, after a duly-advertised public hearing, establish standards and specifications for signs, plaques, markers or other features to be erected on public property within the Town.
Or act on anything related thereto?

      COMMENT:   In June of 2009, the Hingham Board of Selectmen voted to create and charge a Committee of five (5) citizens to develop and recommend policies and procedures for naming municipal properties in Hingham; strongly consider the recommendations as an addition to the Town By-laws; and bring the recommendations for consideration at the April 2010 Town Meeting.
The Committee, named in the fall of 2009, began its work by requesting naming policy information for all 351 Massachusetts cities and towns using the Massachusetts Municipal Association (MMA) listserv.  Eleven responded and were studied in detail. Site visits were made to a number of surrounding Towns.
Extensive outreach to the public was done by newspaper stories in the Hingham Journal, posted public meetings and the Town website.  The Town citizens were encouraged to contribute ideas and attend the Committee meetings.
The proposed by-law, consistent with the original charge, reflects the need and desire for a conservative and consistent approach to naming public lands and buildings which preserves the history of the Town and invites citizen participation in the process via a majority vote at an Annual Town Meeting.
Two additional categories were identified by the Committee and the naming process defined.  The naming of rooms, areas and sub-areas by the responsible town department, after a public hearing, would be subject to an appeal to the Board of Selectmen.  The naming of “features” defined as benches, bricks, flagpoles, plaques, parking spaces, trees, scoreboards, and signs or other markers located on public lands or within public buildings would be within the discretion of the departments with jurisdiction over these areas.

The proposed naming by-law designates the Annual Town Meeting as the ultimate decision- maker to name, or rename, municipal properties in Hingham.
The proposed by-law also discourages renaming of public buildings and public lands by stating that once a public building or public lands have been named, they shall not be renamed unless there are exceptional circumstances. A renaming proposal would have to follow the procedure stipulated in the by-law and be subject to Town Meeting approval.
The Committee recommends that neither lands, buildings nor rooms, areas or sub-areas should be named for living persons, or bear the name of any commercial enterprise, but this prohibition need not apply to “Features” for which greater discretion may be permitted, as appropriate for fundraising purposes. The Selectmen, after a public hearing, will have the authority to establish standards for signs, plaques or markers erected on public property.
The Advisory Committee voted unanimously in support of the by-law.

      RECOMMENDED:  That the Town amend the General By-Laws of the Town of Hingham, adopted March 13, 1939, as heretofore amended, by adding the following Article 40:

ARTICLE 40 - THE NAMING OF PUBLIC BUILDINGS AND PUBLIC LANDS

SECTION 1. Purpose:
This by-law is enacted to establish the process by which, in naming, renaming or otherwise designating public buildings and public lands, the Town seeks to recognize individuals, locations and/or events of significance in local history and local affairs.

SECTION 2. Definitions:
1.   “Designate” - the act of calling by a distinctive title, term, or expression any public buildings or public lands as defined in this by-law.
2.   “Name” – a word or phrase that constitutes the distinctive designation of any public building or public lands as defined in this by-law.
3.   “Rename” – the act of redesignating any public buildings or public lands as defined in this by-law
4.   “Public Building” – any structure, edifice or other facility owned or maintained by the Town of Hingham, or any department or agency thereof.
5.   “Public Lands” – any real property owned or maintained by the Town of Hingham, or any department or agency thereof, including, but not limited to, playgrounds, parks, courts, athletic fields, intersections and medians, and private ways on public lands, but not including public ways regulated by Article 10 of the General By-laws.
6.   “Features” – benches, bricks, flagpoles, plaques, parking spaces, trees, scoreboards, and signs or other markers located on public lands or within public buildings.

SECTION 3. Procedure:
1.   The naming, renaming or other designation of any public building or public lands shall be by majority vote at an Annual Town Meeting. Once a public building or public lands have been named, they shall not be renamed unless there are exceptional circumstances.
2.   Any proposed name or designation of any public building or public lands shall be submitted to the Board of Selectmen for its review and recommendation as to the appropriateness thereof. Following a duly-advertised public hearing, and with the advice of the Hingham Historical Commission, the Board shall forward its recommendation to the Annual Town Meeting.
3.   No public building or public lands shall be named for any living person or shall bear the name of a commercial enterprise.
4.   The naming, renaming or other designation of individual rooms, areas or sub-areas  within a public building, or areas or sub-areas associated with any public lands, shall be by the department or agency having jurisdiction over the same, and paragraphs 1, 2 and 3 of this section shall not apply, provided that:
(a)  such rooms, areas, or sub-areas  constitute less than 25% of the public building or public lands at  or in which the same may be located;
(b)  the same shall not be named for any living person;
(c)  no such room, area or sub-area shall bear the name of a commercial enterprise; and
(d)  a duly-advertised public hearing is held at which such naming, renaming or designation is considered and acted upon by said department or agency. Any person objecting to such naming, renaming or designation by the department or agency may, within 10 days thereafter, appeal the action in writing to the Board of Selectmen, which shall, after a duly advertised public hearing, approve or reject the action.
5.   The installation and naming, renaming or other designation of features shall be by the department or agency having jurisdiction over the same. The Board of Selectmen may, after a duly-advertised public hearing, establish standards and specifications for signs, plaques, markers or other features to be erected on public property within the Town.

      ARTICLE 37.  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, at subsections 1.4, 1.5, 1.6, and 1.7, add the phrase “Subject to the provisions of IV-E, Multi-Unit Development.”

Item 2:  At subsection 4.11A, replace the existing use description in its entirety with the following:  “A drive-up bank teller or automated teller machine (ATM) operated by a bank or financial institution for the convenience of its customers.”

Item 3:  At Section III-A, 4.17, “Retail Group”, add 4.12A “Health Club” to the list of uses that can be included in Retail Group.

Item 4:  At Section VI, Definitions, amend the definition of “Consumer Service Establishment” to include Animal Grooming.
Or act on anything related thereto?
(Inserted at the request of the Planning Board)

      COMMENT:   This article, unanimously approved by the Planning Board, is intended to clarify four provisions in the Zoning By-Law regarding uses that are permitted in various districts. 
Item 1 would make a clear link between the use table, where multi-family uses are permitted, and the requirements for multi-family housing described in Section IV-E.  This item would effect no change, and would have no impact on other sections of the By-Law relating to multi-family housing; it is simply intended to make the By-Law easier to navigate.
Item 2 would clarify the current confusing definition of a drive-up teller or ATM.
Item 3 would rectify an oversight that occurred when the By-Law was modified in 2009 to allow health clubs in the Industrial Districts.  At that time, the Planning Board neglected to include this new use in the list of uses permitted in “Retail Group.”  This omission came to light when the Derby Street Shoppes petitioned to add a yoga studio to its mix of uses.  It then was discovered that, while health clubs were allowed in the underlying Industrial Park District, they were not allowed in the mix of uses allowed in a Retail Group in the Industrial Park District.
Item 4 is a definitional clarification in response to a request from the Zoning Board of Appeals following applications for animal grooming businesses in Business and Industrial districts.
The Advisory Committee considers each of these clarifying amendments to be reasonable and appropriate, and therefore 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, at subsections 1.4, 1.5, 1.6, and 1.7, add the phrase “Subject to the provisions of IV-E, Multi-Unit Development.”

Item 2:  At subsection 4.11A, replace the existing use description in its entirety with the following:  “A drive-up bank teller or automated teller machine (ATM) operated by a bank or financial institution for the convenience of its customers.”

Item 3:  At Section III-A, 4.17, “Retail Group”, add 4.12A “Health Club” to the list of uses that can be included in Retail Group.

Item 4:  At Section VI, Definitions, amend the definition of “Consumer Service Establishment” to include Animal Grooming.

      ARTICLE 38.  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 the Waterfront Business District and including in the Official and Open Space District, the .51-acre property at 16 Summer Street, Assessors Map 51 Lot 3.
Or act on anything related thereto?
(Inserted at the request of the Planning Board)

      COMMENT:   This article, unanimously approved by the Planning Board, relates to the property on Hingham Harbor formerly occupied by the Mobil gas station.  Since the 2009 Annual Town Meeting, the Town completed its purchase of the property and demolished the gas station.  As with other Town-owned properties, the site should be re-zoned from Waterfront Business District to Official and Open Space District.  The Advisory Committee 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 the Waterfront Business District and including in the Official and Open Space District, the .51-acre property at 16 Summer Street, Assessors Map 51, Lot 3. 

      ARTICLE 39.  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-D, Subsection 1, delete the last sentence in its entirety.

Item 2:  At Section I-D, delete Subsection 4 (addressing fees) in its entirety.

Item 3:  At Section I-J, delete Section 2 in its entirety and replace it with the following: 
      “2.  Peer Review and Consulting Fees:  The Provisions of Section I-F, 3 shall apply to all applications for a Special Permit A-3.”
Or act anything related thereto?
(Inserted at the request of the Planning Board)

      COMMENT:   This article, unanimously approved by the Planning Board, would eliminate the $3.00 payment per hearing attended by members of the Zoning Board of Appeals, and would move the ZBA’s fee schedule and collection procedures from the Zoning By-Law to the ZBA Administrative Regulations.  The effect of this article would be to allow the ZBA to modify its fee schedule and collection procedures after posted public hearings, rather than at Town Meeting.

The Advisory Committee believes it is appropriate to place ZBA fee schedules and collection procedures in the ZBA’s Administrative Regulations, rather than retain them in the Zoning By-Law and require Town Meeting action to amend such fee schedules and collection procedures.  Other appointed boards have such authority, and posted public hearings on modifications of fee schedules and collection procedures afford sufficient opportunity to be heard to affected or interested members of the public.

Therefore, the Advisory Committee recommends 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-D, Subsection 1, delete the last sentence in its entirety.

Item 2:  At Section I-D, delete Subsection 4 (addressing fees) in its entirety.

Item 3:  At Section I-J, delete Section 2 in its entirety and replace it with the following: 
     “2.  Peer Review and Consulting Fees:  The Provisions of Section I-F, 3 shall apply to all applications for a Special Permit A-3.

      ARTICLE 40.  Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

At Section V-A(2), after the first sentence ending in “…as specified below.”, insert the following new sentence:  “Providing fewer or more parking spaces than required by this Section V-A requires a Special Permit A3.”
Or act on anything related thereto?
(Inserted at the request of the Planning Board)

      COMMENT:   In a departure from historical trends, the Town’s permitting boards are now reviewing development proposals that include far more area dedicated to off-street parking than they have considered in the past.  Large chain-type businesses are often designed in accordance with a standard corporate model, resulting in larger parking lots that could be unsightly and conducive to excessive storm water run-off.  A recent example was the request of TD Bank to provide 50% more parking than the By-Law requires on a portion of the former Weber Dodge property on Route 3A in North Hingham.  By requiring a Special Permit for such additional off-street parking, the Planning Board would have the opportunity to meet with the applicant to assess the necessity of larger parking areas to the applicant’s business operations.
The Advisory Committee considers the opportunity afforded by this article to the Planning Board to be fair and reasonable, and not unduly burdensome to prospective developers who may want or need to provide more off-street parking area than the By-Law requires.

      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 V-A(2), after the first sentence ending in “…as specified below.”, insert the following new sentence:  “Providing fewer or more parking spaces than required by this Section V-A requires a Special Permit A3.”

      ARTICLE 41:    Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

At Section I-I, 4.i., add the following sentence:  “All outdoor lightings plans shall be designed in accordance with the guidelines of the Illuminating Engineering Society of America.”
Or act on anything related thereto?
(Inserted at the request of the Planning Board)

      COMMENT:    This article, unanimously approved by the Planning Board, would require applications subject to site plan review to include outdoor lighting plans that are designed in accordance with guidelines promulgated by the Illuminating Engineering Society of (North) America.  This additional submittal requirement is intended by the Planning Board to ensure that outdoor lighting plans are designed in accordance with industry standards by licensed lighting designers.
The Advisory Committee notes that applicants for a Building Permit or Special Permit with site plan review are already required to submit, among other things, a “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.”  Section I-I, 4.i.  In conducting a site plan review, the Planning Board is already required to consider, among other things, the “protection of abutting properties from negative impacts from artificial outdoor site lighting.”  Section I-I, 6.a.  Therefore, this proposed additional submittal requirement does not appear to be necessary.
In addition, the Illuminating Engineering Society of (North) America has formulated many guidelines, and this article does not specify those to which outdoor lighting plans must conform.
For these reasons, the Advisory Committee recommends no action on this article.

      RECOMMENDED: That no action be taken on this article.

      ARTICLE 42.  Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

To amend Section III-E (South Hingham Overlay District) by deleting, in their entirety, existing subsections 5 and 6, replace with the following new subsections 5, 6 and 7, and re-number the following subsections accordingly:

“5. Permitted Uses
The provisions set forth in Section III-A for the underlying Industrial Park and Office Park Districts shall apply, with the following exceptions:

A. When the underlying zoning district is Office Park

i. Accessory Uses such as cafeterias, education and training facilities, and similar facilities designed for the use of on-site employees shall be allowed as part of any use permitted as-of-right or by Special Permit;

ii. Automotive sales and service, as described at

III-A (5.3) shall be permitted with a Special Permit A2.

6. Sign and Parking Criteria
The provisions set forth in Sections V-A and V-B shall apply throughout the South Hingham Development Overlay District.

7. Intensity
The provisions of IV-A (Schedule of Dimensional Requirements) shall apply, with the following exceptions

      a. When the underlying district is Office Park
      i. A Floor Area Ratio of FAR of .15 is permitted as-of-right; up to .25 may be permitted         with a Special    Permit A2.
ii. Building Height is limited to forty-eight (48) feet, but not more than four (4) stories; Building Height up to sixty (60) feet, but not more than five (5) stories is permitted with a Special Permit A-2.

      b. When the underlying zoning district is Industrial Park
i. 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. 
            ii. Building Height is limited to forty-eight (48) feet, but not more than four (4) stories.”    
(Inserted at the request of the Planning Board)
           
      COMMENT:  This proposed amendment to the Zoning By-Law entails selected modifications to Section III-E, South Hingham Development Overlay District (SHDOD), which includes all of the property that is zoned as either Office Park or Industrial Park south of Whiting Street.  One of the objectives of the SHDOD (which was established by Town Meeting in 1991) was to support future development that balances the concerns of abutting neighborhoods with the long-term fiscal goals of the community. Over the past year, the Planning Board has worked closely with commercial property owners and representatives of affected residents and various Town boards and committees to identify possible amendments to SHDOD that would address the needs of commercial property owners and abutters alike. For example, property owners in the Office Park District asserted that it would be more attractive to developers of medical and professional offices if maximum building heights of up to 60’ were permitted, though the overall square footage of building that could be built would remain the same. After careful consideration of the specific property in question, the Planning Board determined that this modification would not have negative impacts.

Specific changes resulting from this article include:
1. Editing and re-structuring sections 5 and 6 of Section III-E to clarify and reduce redundancy;

2. Allow for a small percentage (15%) of accessory, non-office use (e.g., retail, consumer service) within each building;

3. Allow, with a Special Permit A2 in the underlying Office District, Automobile Sales and Service as defined in Section III-A (5.3);

4. Allow, with a Special Permit A2 in the underlying Office Park District, a maximum height of 60’ or up to five stories. The maximum height currently permitted throughout the SHDOD is 48’.

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:

To amend Section III-E (South Hingham Overlay District) by deleting, in their entirety, existing subsections 5 and 6, replace them with the following new subsections 5, 6 and 7, and re-number the following subsections accordingly:

“5. Permitted Uses
The provisions set forth in Section III-A for the underlying Industrial Park and Office Park Districts shall apply, with the following exceptions:

A. When the underlying zoning district is Office Park

i. Accessory Uses such as cafeterias, education and training facilities, and similar facilities designed for the use of on-site employees shall be allowed as part of any use permitted as-of-right or by Special Permit;

ii. Automotive sales and service, as described at III-A (5.3), shall be permitted with a Special Permit A2.

6. Sign and Parking Criteria
The provisions set forth in Sections V-A and V-B shall apply throughout the South Hingham Development Overlay District.

7. Intensity
The provisions of IV-A (Schedule of Dimensional Requirements) shall apply, with the following exceptions
      a. When the underlying zoning district is Office Park
      i. A Floor Area Ratio of FAR of .15 is permitted as-of-right; up to .25 may be permitted      with a Special Permit A2.
ii. Building Height is limited to forty-eight (48) feet, but not more than four (4) stories; Building Height up to sixty (60) feet, but not more than five (5) stories is permitted with a Special Permit A-2.

      b. When the underlying zoning district is Industrial Park
i. 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. 
            ii. Building Height is limited to forty-eight (48) feet, but not more than four (4) stories.”          

      ARTICLE 43. 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, add a new use as follows: “4.24 Farmers’ Market” to be allowed with a Special Permit A2 in the Official & Open Space District and prohibited in all other districts.

Item 2:  At Section VI, Definitions, add after the term “Family”, a new definition for “Farmer’s Market” as follows:

“Farmers’ Market
An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public from booths located on-site “agricultural products” (fresh produce, seasonal fruits, and fresh flowers), freshly caught seafood (“seafood”), “freshly prepared foods” packaged for sale, “arts and crafts items”, and beverages.  To classify as a Farmer’s Market, the following must apply:

(a)  Agricultural products, seafood and freshly prepared foods must be grown, caught or prepared directly by the vendor or acquired by the vendor directly from an identified local producer.  Freshly prepared foods, (for example, baked goods, jams, dressings, salsa) must be locally produced and packaged.
(b)  The majority of the vendors in the Market shall not be vendors of arts and crafts items.  Any arts and crafts items must be created by the vendor offering such items for sale at the Market.”

Item 3.  At Section III-A, Schedule of Uses, add the following accessory use permitted with a Special Permit A1 in the Official & Open Space District and prohibited in all other districts:

“3.11  Outdoor Concession as an accessory use when supporting outdoor athletic field uses permitted or allowed under Sections 3.2, 3.3, 3.5 and 3.7 (subject to Section III-I)”

Item 4.  At Section VI, Definitions, add a new definition after the term “Non-conforming Use” as follows:

“Outdoor Concession
The sale of non-alcoholic beverages and snack foods from a counter accessible from the outside of a building or from a temporary outdoor location, providing no indoor seating and operating only during the hours that athletic activities are occurring at the site.”

Or act on anything related thereto?

      COMMENT:  This Article is intended to provide parameters under which a “Farmers’ Market” may be conducted in the Official & Open Space District.  At present, such events are held on a seasonal basis at the Bathing Beach, but the underlying retail nature of the Market is not a permitted use in the Official & Open Space District and the Trustees of the Bathing Beach have expressed concern regarding the ongoing operations of the Market at that location without appropriate Town approval.  In addition, there are no specified limitations on frequency, scale or types of items to be offered for sale.  While there is consensus that Farmers’ Markets provide a benefit to vendors and patrons alike, the lack of guidelines such as are included in this Article raises concerns about the impact such events might have on traffic, other retail establishments, and the primary use of the site on which the Farmers’ Market is held.  By requiring a Special Permit A2 in the Official & Open Space District and by prohibiting in all other districts, the Town will have the ability to oversee these events and ensure the concerns of all interested parties are addressed.  The proposed Article does not affect the Farmers’ Market that is occasionally held in Hingham Square as such events are permitted as retail activities in the Business A District subject to a street opening permit issued by the Board of Selectmen.

The Article also provides a definition of outdoor concessions and standards for the establishment of an outdoor concession facility.  This Article is intended to regulate the sale of refreshments at athletic events such as now occurs at Lynch Field and other fields in Town. These outdoor concessions exist at some Town fields but are not currently a permitted use in the Official & Open Space District.  They provide an important fundraising opportunity for our youth sports organizations and enhance the enjoyment of events held at the athletic fields, but they also raise concerns related to their size, scope and location and the impact the concession might have on the primary use of the athletic field and on abutters and other neighbors. By requiring a Special Permit A1 in the Official & Open Space District and by prohibiting in all other districts, the Town will have the ability to allow this appropriate accessory use at athletic fields and at the same time oversee these activities and ensure the concerns of all interested parties are addressed. 

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-A, Schedule of Uses, add a new use as follows: “4.24 Farmers’ Market” to be allowed with a Special Permit A2 in the Official & Open Space District and prohibited in all other districts.

Item 2:  At Section VI, Definitions, add after the term “Family”, a new definition for “Farmers’ Market” as follows:

“Farmers’ Market
An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public from booths located on-site “agricultural
products” (fresh produce, seasonal fruits, and fresh flowers), freshly caught seafood (“seafood”), “freshly prepared foods” packaged for sale, “arts and crafts items”, and beverages.  To classify as a Farmer’s Market, the following must apply:

(c)  Agricultural products, seafood and freshly prepared foods must be grown, caught or prepared directly by the vendor or acquired by the vendor directly from an identified local producer.  Freshly prepared foods (for example, baked goods, jams, dressings, salsa) must be locally produced and packaged.
(d)  The majority of the vendors in the Market shall not be vendors of arts and crafts items.  Any arts and crafts items must be created by the vendor offering such items for sale at the Market.”

Item 3.  At Section III-A, Schedule of Uses, add the following accessory use permitted with a Special Permit A1 in the Official & Open Space District and prohibited in all other districts:

“3.11  Outdoor Concession as an accessory use when supporting outdoor athletic field uses permitted or allowed under Sections 3.2, 3.3, 3.5 and 3.7 (subject to Section III-I)”

Item 4.  At Section VI, Definitions, add a new definition after the term “Non-conforming Use” as follows:

“Outdoor Concession
The sale of non-alcoholic beverages and snack foods from a counter accessible from the outside of a building or from a temporary outdoor location, providing no indoor seating and operating only during the hours that athletic activities are occurring at the site.”