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      ARTICLE 31.  Will the Town direct the Department of Public Works to not accept any rubbish or construction debris from non-residents or commercial enterprises from out of town, or act on anything relating thereto?
(Inserted at the request of Tuck Wadleigh and others)

      COMMENT:  To use the Hingham Transfer Station one must be a resident of Hingham and have a sticker issued by the Department of Public Works (DPW) on the vehicle entering the Transfer Station.  If one is not a resident of Hingham, the Transfer Station can only be used if the DPW has issued a permit to a non-resident commercial user.  To date, there have been only two non-resident commercial permits issued by the DPW.  These permits must be presented to the DPW workers on duty at the Transfer Station for entry into the site by the non-resident commercial user.

The total waste allowed at the Transfer Station is limited by the license authorizing the Transfer Station to forty-nine (49) tons per day.  The usual average per day usage is thirty-six to thirty-nine (36-39) tons.  There is a legal limit on the tonnage allowed at the Transfer Station and it is not typically reached on a daily basis. 

All of the loads brought to the Transfer Station are inspected by the DPW employees who have successfully completed specific training for this task.  All construction debris and bulky waste material is taken to a vendor who breaks it apart into component substances:  wood, metal, fiber, etc.  The vendor recycles each of these materials; these loads do not go to SEMASS for incineration.
The two non-resident commercial permit holders pay the Town of Hingham by the ton for the use of the Transfer Station.  The current rate is One Hundred Twenty Dollars ($120.00) per ton and the Town nets Sixty-Five Dollars ($65.00) per ton from this fee.  To date, since the installation of the scale at the Transfer Station, the Town has made Nineteen Thousand Dollars ($19,000.) in fees paid by both the resident commercial sticker holders and the non-resident permit holders.

The installation of the scale at the Transfer Station had two goals:  (1) to limit and regulate the amount of construction debris and bulky waste deposited at the Transfer Station and (2) to produce a positive revenue stream for the Town.  In the opinion of the Advisory Committee, both goals have been achieved.

      RECOMMENDED:  That no action be taken on this article.

      ARTICLE 32.  Will the Town direct the Board of Selectmen to, effective September 1, 2011, consolidate the day to day operations of the Public Works Department and Sewer Department under the direction of the Public Works Superintendent.  Day to day operations shall include, but not be limited to, work force management, work schedules, assignments, hiring and firing, overtime, bargaining and union negotiations.  Accepted Cost Accounting principles will separate the monies between the Public Works and Sewer functions and the Sewer Commission, an elected body will continue to set sewer policy  and rates; or act on anything related thereto?
(Inserted at the request of Stephen Dempsey and others)

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

      ARTICLE 33.  Will the Town authorize, but not require, the Board of Selectmen to enter into a short-term lease for a .28 acre parcel of land which is shown as Lot 140 on Assessors' Map 81, known as the Tree & Park Barn, for the purpose of either commercial or non-profit use, or act on anything relating thereto?
(Inserted by the Board of Selectmen)

      COMMENT:  The Tree & Park Barn has a long and rich history and is on the list of Hingham historic properties.  Prior to the 1890s, the building was a schoolhouse located on another parcel of land.  In
1894, the Town relocated the building to its present lot at 8 Short Street for use by the Fire Department.  In 1941, that department was moved to its present location when the new Central Fire Station was constructed.  The Tree & Park Department occupied the facility from that time until the opening of the new Department of Public Works complex in 2009.  Recently, the Crew Club has used the building for their practices.  The Town needs to preserve such historic structures.

For the present, no Town department has a need for the space.  However, the Board of Selectmen would like time to consider the ultimate usage of the building, whether for Town purposes or disposition.  In the meantime, the facility is in need of attention. Repairs and maintenance are required to avert deterioration.  A short-term lease is under consideration as a remedy.  Provisions of the lease would include restoration of the structure to comply with building codes and septic standards, at the expense of the lessee.  The extent of these repairs depends upon the results of inspections, which have been undertaken, and the specific use contemplated by the lessee.  Rental payments would be offset by the lessee’s restoration costs.  In addition to these repairs, Conservation Preservation funds may be sought for external restorations.

The benefits of a short-term lease include necessary repairs funded by the lessee, ongoing maintenance to prevent further deterioration, and revenue generation, while providing the Town time to consider its long-term options.

      RECOMMENDED:  That the Town authorize, but not require, the Board of Selectmen to enter into a lease not to exceed five years for a .28 acre parcel of land which is shown as Lot 140 on Assessors' Map 81, known as the Tree & Park Barn, for the purpose of either commercial or non-profit use.

      ARTICLE 34.  Will the Town amend the Zoning By-Laws of the Town of Hingham adopted March 10, 1941 in the Zoning Map Part A, as heretofore amended, by removing from Official and Open Space and including in Business District A a parcel of land on Short Street as shown on Assessors' Map 81, Lot 140, or act on anything relating thereto?
(Inserted by the Board of Selectmen)

      COMMENT:   The Tree & Park Barn is located on this parcel, which is currently zoned Official and Open Space.  The building is on the list of Hingham historic properties. Until the move to their new complex, the Department of Public Works occupied the facility.  In the past, the building has also been occupied by the Fire Department.  Most recently, the building has been used for practice by the Crew Club.  It is now vacant, and no department of the Town has any current need for the space.  The Town needs time to reflect on possible long-term uses for this historic property.

In order to expand the options for use of the building, the Selectmen seek to re-zone the property to allow for commercial or non-profit occupancy.  The re-zoning of the parcel to Business A—permitting less-intense use than that of some former occupants—has been approved by the Planning Board.

      RECOMMENDED:  That the Town amend the Zoning By-Laws of the Town of Hingham adopted March 10, 1941 in the Zoning Map Part A, as heretofore amended, by removing from Official and Open Space and including in Business District A a parcel of land on Short Street as shown on Assessors' Map 81, Lot 140.

      ARTICLE 35.   Will the Town amend the Zoning By-laws of the Town of Hingham adopted March 10, 1941 in the Zoning Map Part A, as heretofore amended, by removing from Official and Open Space and including in Residence District A a parcel of land on North Street shown on Assessors’ Map 60, Lot 143, or act on anything relating thereto?
(Inserted by the Board of Selectmen)

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

      ARTICLE 36.  Will the Town raise and appropriate or transfer from available sources a sum or sums of money sufficient for the design and engineering and installation of traffic lights and pedestrian signals at the intersection of Main (Rt. 228), Cushing and South Pleasant Streets which is located less than 500 feet from South Elementary School.  Said site presently constitutes a hazard to all pedestrians and has the highest vehicular accident rate of any unregulated four way intersection in the Town as reflected by the Hingham Police Department’s published, “ A Yearly Comparison of High Accident Locations.”
(Inserted at the request of Bernard Manning and others)

      COMMENT:  BACKGROUND:  The vote under Article 32 of the 2003 Annual Town Meeting created 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 to the 2004 Annual Town Meeting.  Their investigation produced the following accident data:

     
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.  One of the key considerations leading the Committee to proceed deliberately was the concern about impacts on the historic streetscape.  After watching 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:

The installation of the traffic signal at High/Free/Main has measurably improved safety at that intersection, and the most recent 10-year accident average at Cushing/South Pleasant/Main has declined slightly compared with levels in the 1990s.  Concerned northbound motorists on Cushing Street planning to make a left turn onto Main now have an alternative.  They can choose to turn left onto Ward Street and utilize the signalized intersection at High/Free/Main to access Main Street northbound.

After significant floor discussion, Article 29 of the 2010 Annual Town Meeting was passed as amended:
That the Town refer the issue of traffic lights at the intersection of Main, Cushing and South Pleasant Streets, and costs associated with such lights, to the Traffic Study Committee, and direct that committee to report thereon to the 2011 Annual Town Meeting.

After a series of 8 public meetings in the fall of 2010, the Hingham Traffic Safety Committee submitted their report to the Board of Selectman in December.  This investigation into the Main, Cushing and South Pleasant Street intersection done by the Committee and studies by Coler & Colantonio (at a cost of $5,900) provided the following data:
•     Accident data for the time period 6/23/05 to 6/23/10 showed 21 accidents had been reported and that 57% of them occurred between 2:00 - 6:00 p.m.  Of the 56 people involved in these incidents, 53 reported no injuries, 1 was possibly injured, and 2 reported injury.
•     The crash rate for the five-year period studied is slightly below the 0.62 average (based upon  accidents per million vehicles entering the intersection) for all unsignalized intersections in Massachusetts.
•     Of the intersections with higher accident rates in Hingham, 3 are not signalized.  They are the intersection of Kilby Street at Chief Justice Cushing Highway (Rt. 3A) which does have a red flashing light, and the two exit ramps from Rt. 3 onto Derby Street which are not four-way intersections.
•     Sergeant Horte of the HPD also conducted a queueing study on Cushing Street during July 2010 during the peak afternoon traffic period, which showed an average single car wait time of 19 seconds, an average queue length of 6.2 cars, a maximum queue of 12 cars, an average wait time of 1 minute and 7 seconds, and a maximum wait of 2 minutes and 35 seconds.
•     Coler & Colantonio studied the intersection in September 2010, and their queueing observations were largely consistent with the findings of the HPD although they did witness queues as long as 20 cars.  They also noted that the intersection had only 1/4 of the required gaps (6 seconds or longer) needed to comply with the Institute of Traffic Engineers recommended minimum gap criteria. 
•     Due to insufficient gaps, the intersection operates at a Service Level “F” for Cushing Street and South Pleasant Street while Main Street operates at a Service Level “A”.  All side streets intersecting with Main Street have a similar problem.  Installing a traffic signal at this intersection would cause the Main Street level of service to decline to a “C”.  Traffic volumes on Main Street have increased by about 2% over counts performed in 2003.
•     The intersection meets three of the eight Warrants set out in the Manual on Uniform Traffic Control Devices for installation of a traffic signal – 8-hour vehicular volume, 4-hour vehicular volume, and peak hour volume – but these all relate to level of service, not demonstrated safety issues.  According to Roger Fernandes, the Town Engineer, this intersection does not meet the pedestrian warrants.
•     Coler & Colantonio opined that the cost of installing traffic control at this intersection would cost no less than $370,000 to $462,500.  Roger Fernandes, the Town Engineer, believes that the cost would almost certainly be higher due to the geometry of the intersection.  It should be noted that the Town of Hingham street opening guidelines call for a minimum five year moratorium on street excavations on newly paved roadways, and while Rte 228 is not a state highway (it is a state numbered route) the MassDOT would restrict the use of state funding for another project on Main Street for ten years.

By a vote of 7 to 1, the Traffic Safety Committee concluded “that the safety concerns raised by the proponents of the original article to justify the installation of a traffic light are not supported by the facts.”  They go on to state that “the problem seems to rest with the inconvenience associated with the delay in entering Main Street from Cushing Street but the committee felt that this did not overcome the substantial costs” required to solve the problem.  They additionally recommended that “the Planning Board would be the more appropriate town board to continue considering this intersection as it addresses future growth, traffic circulation and development issues affecting the residents of Hingham.”  The Advisory Committee by a vote of 13 to 1 reached the same conclusion.

Citizens of the Town continue to express concerns concerning the impact on the historic streetscape caused by significant changes to this intersection.  To quote from the 2004 Traffic Safety Study Committee Report: “The Historic District Commission has found that there is a fundamental continuity in the Glad Tidings Plain historic district, and that this residential style is essentially pedestrian in its nature.  The risks to the character of this environment include increasing the rate of vehicular speed, increasing density of structures, or placing structures in the roadway or streetscape which are foreign to this environment; i.e., grade changes, barriers, signalization, and measures which enhance the vehicular use of the roadway while compromising the residential scale of the neighborhoods along the roadway.”

RECOMMENDED:  That no action be taken on this article.

      ARTICLE 37.  Will the Town modify the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

Item 1 
At Section III-A, modify the Schedule of Permitted Uses for the Residential Districts A, B, C, D, E; Business A and B Districts, the Waterfront Business District, the Business Recreation District, and the Official and Open Space District,  as shown on the attached table:

Item 2 
At Section VI, Definitions

A. Delete, in its entirety, the definition for Sit-Down Restaurant, and replace with the following new definition:

“An establishment offering prepared food and beverages to be primarily ordered, served and consumed at tables on the premises. Does not permit drive-thru service.”

B. Eliminate the definition for Drive-In Restaurant and Take-out Restaurant

C. Replace, in its entirety, the definition for Fast Food restaurant, and replace it with the following new definition for “Fast Food/Take-Out” Restaurant:

“An establishment offering prepared foods and beverages on a self-serve basis or ordered at a counter, to be consumed on or off the premises.”

D. Insert definition of Private Passenger Vehicle as follows:

“A motor vehicle used by an individual or family for personal transportation.”

Item  3   At Section III-B, Note #7, delete the second sentence in its entirety.

(Inserted at the request of the Planning Board

      COMMENT:  This article is part of the Planning Board’s ongoing effort to update the Zoning By-Law in response to changing land-use trends , as well as issues often identified by the Zoning Board of Appeals in their regular application of the By-Law. Last year (2010) the Planning Board focused on the uses permitted in the Town’s industrial and office park districts with the primary goal of expanding the uses that could occur in these areas.  This year, the Planning Board reviewed the suitability (or unsuitability) of uses permitted in all other districts. To that end, the proposed changes can be grouped as follows:

1.    Changes intended to expand the types of uses permitted in commercial and non-residential districts
2.    Changes intended to prohibit, or require closer scrutiny, of uses that could be detrimental in all districts, particularly residential districts.
3.    Changes intended to update or clarify the definition of terms used in the By-Law.

The Planning Board voted unanimously to recommend favorable action on this Article.

      RECOMMENDED:  That the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows:

Item 1               At Section III-A, modify the Schedule of Permitted Uses for the Residential Districts A, B, C, D, E; Business A and B Districts, the Waterfront Business District, the Business Recreation District, and the Official and Open Space District,  as set forth above in Item 1 of the foregoing Article 37.

Item 2  At Section VI, Definitions
A. Delete, in its entirety, the definition for Sit-Down Restaurant, and replace with the following new definition:
“An establishment offering prepared food and beverages to be primarily ordered, served and consumed at tables on the premises. Does not permit drive-thru service.”

B. Eliminate the definition for Drive-In Restaurant and Take-out Restaurant

C. Replace, in its entirety, the definition for Fast Food restaurant, and replace it with the following new definition for “Fast Food/Take-Out” Restaurant:
“An establishment offering prepared foods and beverages on a self-serve basis or ordered at a counter, to be consumed on or off the premises.”
D. Insert definition of Private Passenger Vehicle as follows:
“A motor vehicle used by an individual or family for personal transportation.”

Item  3   At Section III-B, Note #7, delete the second sentence in its entirety.

      ARTICLE 38.  Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, at Section IV-A (Schedule of Dimensional Requirements) by adding, at Business District B, Special Requirement #2, or act on anything relating thereto?
(Inserted at the request of the Planning Board)

      COMMENT:  This By-Law amendment is intended to improve the safety and appearance of properties in the affected areas.

There are only four small areas zoned Business District B in Hingham: Queen Anne’s Corner; the area near the intersection of Route 53 and Gardner Street;  the area near the intersection of Route 3A and Thaxter Street; and a small area on the south side of Route 3A across from the Shipyard.   The proposed By-Law amendment would require a landscaped buffer between the street and the property such as is already required in several other commercial districts. This By-Law amendment would not apply to the few residential property owners in Business B, who are grandfathered as non-conforming.

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, at Section IV-A (Schedule of Dimensional Requirements) by adding , at Business District B, Special Requirement #2.

      ARTICLE 39.  Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10 1941, as heretofore amended, as follows:

At Section VI (Definitions), clarify the definition of “Street” by replacing it with the following:

Street
1)  A public way or way which the Clerk of the Town certifies is maintained and used as a public way, or
2)  A way shown on a plan approved or endorsed in accordance with the Subdivision Control Law, or
3)  A way in existence when the Subdivision Control Law became effective in the town of Hingham having, in the opinion of the Planning Board, sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon

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

      COMMENT:  At present, our Zoning By-Law defines “street” as a “public way or way having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the proposed use of the land abutting thereon or served thereby.”  This definition has been misinterpreted to mean that structures on properties with side or rear lot lines bounded by unbuildable “paper streets” were required to comply with front setback requirements not only from the street, but also from the lot lines bounded by the paper street, as is the case for a corner lot.  It has also been interpreted, mistakenly, to mean that frontage on unbuildable paper streets would qualify as sufficient for the creation of a new building lot.  These interpretations are not supported by Massachusetts case law.  Therefore, the Planning Board has voted unanimously to approve a definition of “street” that is consistent with the description of “way” in the Subdivision Control Law, Mass. Gen. L. Chapter 41, Section 81-L, with Massachusetts cases, and with the zoning by-laws of many other towns.  Subject to Town Meeting approval of this article, the modified definition of “street” will facilitate sensible and consistent interpretation and enforcement of frontage and setback requirements.

The Advisory Committee agrees with the Planning Board that this definitional clarification is warranted, and recommends a favorable vote on this article at Town Meeting.

      RECOMMENDED:  That the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10 1941, as heretofore amended, as follows:

At Section VI (Definitions), clarify the definition of “Street” by replacing it with the following:

Street
1)  A public way or way which the Clerk of the Town certifies is maintained and used as a public way, or
2)  A way shown on a plan approved or endorsed in accordance with the Subdivision Control Law, or
3)  A way in existence when the Subdivision Control Law became effective in the Town of Hingham having, in the opinion of the Planning Board, sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.

      ARTICLE 40.  Will the Town vote to amend the Zoning By-Law adopted on March 10, 1941
amended from time to time by adding a Wind Energy Conversion Facility By-Law to provide as
follows:

'Wind Energy Conversion Facility By-Law
1.0 PURPOSE AND INTENT
The purpose of this by-law is to provide by special permit for the construction and operation of wind facilities and to provide standards for the placement, design, construction, monitoring, modification and removal of wind facilities that address public safety, minimize impacts on scenic, natural and history resources of the city or town and provide adequate financial assurance for decommissioning.

      1.1 APPLICABILITY
This section applies to all utility-scale and on-site wind facilities proposed to be constructed after the effective date of this section. It does not apply to single stand-alone turbines under 60 kilowatts of rated nameplate capacity. Any physical modifications to existing wind facilities that materially alters the type or increases the size of such facilities or other equipment shall require a special permit.

2.0 DEFINITIONS
Height: The height of a turbine(s) is measured to the highest point reached by the blades. The height of the tower will be measured to the top of the nacelle.

Nacelle: The frame and housing at the top of the tower that encloses the gearbox and generators and protects them from the weather.

Rotor: The blades and hub of the wind turbine(s) that rotate during turbine operation.

Set Back: The base of the tower to the nearest lot line.

Special Permit Granting Authority (SPGA): Board designed by zoning ordinance or by- law with the authority to issue permits.

Wind energy conservation facility: All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but it not limited to, all transmission, storage, collection, and supply equipment, substations, transformers, site access, service roads, and machinery associated with the use. A wind energy conversion facility may consist of one or more wind turbines.

Wind Turbine Flickering: The blinking effect while the. rotor is in motion. Attention will be paid to siting the wind turbine(s) to reduce significant flickering.

Wind Monitoring or Meteorological ("test" or "met") towers: Tower is used for supporting anemometer, wind vane and other equipment to assess the wind resource at a predetermined height above the ground.

Wind Turbine: A device that converts kinetic energy of the wind into rotational energy to turn an electrical generator shaft. A wind turbine typically consists of a rotor, nacelle, and supporting tower.
 
3.0 WIND FACILITIES OVERLAY DISTRICT
A.   Purpose: The purpose of this section is to establish a district in which adequate wind facilities as defined in section VH may be provided with minimal harm to the public health, safety and general welfare. Specifically, the District is created to protect the character and appearance of the Town, to assure public safety, to reduce adverse visual effects and to maintain the Town's scenic, historic and environmental resources.

B.   Location: The wind facilities Overlay District shall include the following parcels: the Hingham Landfill (Assessors Map 106-3, 4, and 7), South Shore Country Club (Assessors Map 70-14), and the Town Forest (Assessors Maps 148-11 and 170-9) Dennis Rd. (Assessors map 216) Industrial Park District and Office Park District.

C.   Submittal Requirements: A Special Permit A2 is required to erect wind facilities (as defined in section VH), and service providers must comply with all requirements of Section I-I and section VH of this By-Law.

4.0 DISTRICT REGULATIONS
Use Regulations:

Wind Turbine
The construction of any wind turbine under this By-Law shall be permitted in the wind facilities overlay district a Special Permit and provided use complies with all Dimensional and Special Permit Requirements set forth in this law.

Wind Monitoring or Meteorological Towers
Temporary erection of Wind Monitoring or Meteorological Towers shall be permitted in overlay districts subject to the issuance of a building permit for a temporary structure for not more than eighteen months.

Site Control
The applicant shall submit with the application documentation of the applicant's legal right to install and use the proposed facility at the subject property. Documentation should also include proof of control over the setback areas.

Dimensional Requirements
All wind turbines shall comply with the requirements set forth in this section.

Height
Wind turbines shall have a maximum height of 350 feet, as measured from the Pre- Construction Grade to the highest point reached by the nacelle. The SPGA may allow this height to be exceeded as part of the special permit process if the project proponent can demonstrate that the additional benefits of the higher tower outweigh any adverse impacts. Monopole towers are the preferred type of support for wind turbines.

Setback
a)   Each wind energy conversion facility and its associated equipment shall comply with the building setback provisions of the overlay district in which the facility is located.
b)   In addition, the following setbacks shall be observed:

1.   In order to ensure public safety and to protect the interest of neighboring property owners, the minimum distance from the base of any wind turbine tower to any property line in a residential district, shall be equal to the total height of the turbine to the highest point.
 
5.0 SPECIAL PERMIT CRITERIA
The SPGA may grant a Special Permit only if it finds that the proposal complies with the provisions of this by-law and is consistent with the applicable criteria for granting Special Permits.
 
General
Proposed wind turbine(s) shall comply with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, environmental and communications requirements.

Visual Impact
The proponent shall demonstrate through project siting and proposed mitigation that the wind turbine minimizes any impact on the visual character of surrounding neighborhoods and the community; this may include, without limitation, information regarding site selection, turbine design, buffering, lighting, and cable layout.
 
Color
Wind turbine(s) shall be painted in a non-reflective color.

Lighting and Signage
Wind turbine(s) shall be lighted only if required by the Federal Aviation Administration (FAA). The proponent shall provide a copy of the FAA's determination to establish the required marking and/or lights for the structure.
a)   Lighting of equipment structures and any other facilities on site (except lighting) required by the FAA shall be shielded from abutting properties.
b)   Signs on the facility shall be limited to:
1 . Those needed to identify the property and the owner and warn of any danger, and,
2.   Educational signs providing information on the technology and renewable energy usage.
c)   All signs shall comply with the requirements of the Town's sign regulations unless relief is granted by the SPGA.
 
Land Clearing/Open Space/Rare Species
Wind Turbines shall be designed to minimize land clearing and fragmentation of open space areas and shall avoid permanently protected open space when feasible. Wind turbines should be sited to make use of previously developed areas wherever possible. Wind turbines facilities shall also be located in a manner that does not have significant negative impact on rare species in the vicinity (particularly avian species, bats, etc.) as may be applicable law.

Storm Water
Storm Water run-off and erosion control shall be managed in a manner consistent with all applicable State and local law.

Noise
The wind turbine and associated equipment shall conform with Massachusetts noise regulations (310 CMR 7.10). An analysis prepared by a qualified engineer shall be presented to demonstrate compliance with these noise measurements.

Shadowing/Flicker
Wind turbines shall be sited in a manner that does not result in significant shadowing or flicker impacts. Applicant must demonstrate that this effect does not have significant     adverse impact on adjacent uses through siting.              
 
6.0 USES BY TELECOMMUNICATIONS CARRIERS
Wind turbines may be used to locate telecommunications antennas, subject to applicable law governing such uses and structures, and subject to the following additional requirements:
a)   All ground-mounted telecommunications equipment shall be located in either a shelter, within the wind turbine tower or otherwise screened from view year-round (either through effective landscaping or existing natural vegetated buffers);
b)   Antennas shall be flush-mounted to be in keeping with the design of the wind turbine tower; and;
c)   All cabling associated with the personal wireless facility shall be contained within the tower structure or enclosed within a conduit painted to match the turbine mount

7:0 MONITORING AND MAINTENANCE
a)   After the wind turbine is operational, the applicant shall submit to the SPGA at annual intervals from the date of issuance of the Special Permit, a report detailing operating data for the facility (including but not limited to days of operation, energy production in accordance with the special permit conditions).
b)   The applicant shall maintain the wind energy conversion facility in good condition. Such maintenance shall include, without limitations, painting, structural integrity of the foundations and support structure and security barrier (if applicable), and maintenance of the buffer areas and landscaping if present.
c)   Notice shall be provided to the SPGA of any change in ownership of the facility.
 
8:0 ABANDONMENT OR DISCONTINUATION OF USE
1)   Within six months that a wind turbine (s) is schedule to be discontinued, the applicant will notify the SPGA by certified U.S. Mail of the proposed date of abandonment or discontinuance of operations. In the event that an applicant fails to give such notice, the facility shall be considered abandoned or discontinued if the facility is inoperable for 190 days. In the case of a multi-turbine facility, the SPGA shall determine in its decision what proportion of the facility would be inoperable for the facility to be considered abandoned.
2)   Upon abandoned or discontinuation of use, the owner shall physically remove the wind turbine(s) within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the SPGA. "Physically remove" shall include, but not be limited to:
a)   Removal of the wind turbine(s) and towers(s), all machinery, equipment, shelters, security barriers and all appurtenant structures from the subject property.
b)   Proper disposal of all solid or hazardous materials and wastes from the site in accordance with local and state solid waste disposal regulations.
c)   Restoration of the location of the wind turbine(s) to its natural condition, except that any landscaping, grading or below grade foundation may remain in the after-condition.
 
If an applicant fails to remove a wind turbine in accordance with this selection of this by-law, the Town shall have the authority to enter the subject property and physically remove the facility. The SPGA may in its decision provide a form of surety (i.e. post a bond, letter of credit or establish an escrow account or other) at the SPGA's election to cover costs of removal in the event the town must remove the facility. The amount of such surety shall be equal to 150 percent of the cost of removal of the facility as determined by a qualified engineer. The amount shall include a mechanism for a Cost of Living Adjustment after 10 and 15 years.

9:0 TERMS OF SPECIAL PERMIT
A Special Permit issued for any wind turbine(s) facility shall be valid for 25 years unless extended or renewed. At the end of that time period, the wind turbine(s) shall be removed by the applicant.

10:0      APPLICATIONS PROCEDURES
a) Special Permit Granting Authority (SPGA) The SPGA for wind energy conversion facilities, also referred to as Wind Turbine(s) in this by-law shall be the Planning Board
(Inserted at the request of Kaitlin Shanley and others).

      COMMENT:  The proponent agreed to withdraw this article, but the petition requesting the withdrawal has not been submitted with the necessary  signatures.  It must therefore appear in the town  meeting warrant.

The Hingham Energy Action Committee, Planning Board, and many citizens raised concerns over configuration of the proposed district, and whether the language of the article provided sufficient protection against potential adverse impacts.
It was suggested that the proponent work with Town boards and committees in the near future to craft a revised by-law proposal that would more fully reflect community needs and concerns.

The Planning Board recommends “No Action” on this article.

      RECOMMENDED:  That no action be taken on this article.

      ARTICLE 41.  Will the Town amend the General By-laws of the Town of Hingham adopted March 13, 1939 as amended heretofore by adding the following Article 8 or act on anything related thereto?

ARTICLE 8  ALL COMMITTEE APPOINTMENTS SHALL BE APPROVED BY THE BOARD OF SELECTMEN

SECTION 1  Purpose:
Certain Town employees have been granted the unbridled discretion to name to Town Committees who have not been selected solely for the sagacity but for their adherence to the party line.  The consequences of this allegiance predetermine the results of future committee deliberations.  The authority to appoint is the power to control without accountability.  Since the ultimate responsibility for all essential Town decisions rests with the Board of Selectmen, that body shall approve all committee appointments which members shall serve at the Board’s pleasure.

SECTION 2 Definitions:
Town employees – “Municipal employees, a person performing services for or holding office, position, employment, or membership in a municipal agency (any department or office of a city or town with or without compensation on a full, regular, part time, intermittent, or consultant basis…” Mass. Gen. Laws ch. 268A sec. 1 (g).

SECTION 3 Procedure:
The Board of Selectmen shall approve all committee appointments which members shall serve at said Board’s pleasure.
(Inserted at the request of Bernard Manning and others)

      COMMENT:  This article is based on an accusation.  It is directed at “Certain Town employees” whom it does not name.  It accuses them of exercising discretion over appointments to Town committees in a manner designed to obtain the appointees’ “adherence to the party line.”  The substance of “the party line” is not described.  The result of such action, however, according to the article, is that political allegiance “predetermine[s] the result of future committee deliberations.”  The article advances, as a remedy, that the Board of Selectmen shall approve all committee appointments and that all appointees shall serve at the Board of Selectmen’s pleasure. 

It is the Advisory Committee’s opinion that the complaints reflected in this article are not grounded in fact.  Many voters present at Town Meeting have attended and participated in meetings of various Town committees, and have witnessed the opinions and disagreements that are there vetted, to a constructive end.  Voters will recall the number of issues on which the Advisory Committee has presented majority and minority positions at Town Meeting on issues that provoked strong disagreement among interested citizens.  In these instances there was no “party line” on which to agree or even to be perceived.

The Board of Selectmen does not wish the power that the article would give them.  They do not have the power now because it is a long-standing tradition, reflected in the Town By-laws, that they should not have it.  The present allocation of the power over the appointment of committee members exists in order to implement the familiar principle of checks and balances.  This separation of powers prevents the very harm that the article purports to stand against.  So far, so good.

      RECOMMENDED:  That no action be taken on this article.

      ARTICLE 42.  Will the Town amend the General By-laws of the Town of Hingham adopted March 13, 1939, as heretofore amended at Article 14, part 1 by deleting the following sections and replacing them with the following:

SECTION 1.  There shall be an advisory committee which shall perform the following duties set forth in the following section of this article and be governed by the provisions thereof.  Said committee shall consist of not more than fifteen registered voters of the Town who shall be elected by the voters of the Town as provided in the following section.  No person holding an elective or appointive Town office shall be eligible to serve on said committee.

SECTION 2.   Prior to the commencement of each fiscal year five members of said committee shall be elected by the voters of the Town of Hingham each to serve a term of three (3) years commencing on the first day of the fiscal year next following the election:  provided however that any incumbent members whose term would otherwise expire at annual Town Meeting in accordance with the provisions which this section amends shall serve through June 30, of the year in which the term expires.  The committee shall choose its officers and shall serve without pay, excepting, however, the secretary, whose compensation shall be fixed by the committee.  The committee shall cause to be kept a true record of the proceedings.

SECTION 5.  Whenever any vacancy shall occur in the committee or if any member is absent from five consecutive meetings of the committee for a cause other than illness the position shall be deemed vacant and the committee shall report such vacancy to the Town Clerk who shall notify the eligible candidate who received the highest number of votes in the most recent Town election but which number was insufficient to qualify him for membership on the committee.  Any person named to fill a vacancy on the committee shall hold office for the unexpired term of the person whom he succeeds.
(Inserted at the request of Bernard Manning and others)

      COMMENT:  Massachusetts law allows for members of advisory committees to be either appointed or elected.  Pursuant to Article 14 of the Town By-Laws, members in Hingham are currently appointed by the Town Moderator.  This article would change sections 1, 2 and 5 of Article 14 of the Town By-laws so as to make the membership on the Advisory Committee an elected position. 

The Advisory Committee recommends a vote of no action.  First, it is useful that not all positions in town government be elected positions.  Such elected positions as now exist ensure that those in the seats of town government will be duly responsive to the popular will.  Having appointed offices, however, acts as a stabilizing check on the passions of the moment that are thought to influence those who must campaign for re-election.  Second, the Advisory Committee is advisory only.  It does not make the types of decisions as do, for example, members the Board of Selectmen or Board of Assessors, who are directly responsive to voters through election.  Third, membership on the Advisory Committee is a time-intensive form of service.  To require those who serve to commit themselves also to the chore of political campaigning would surely diminish the number of people willing to serve.  A survey of the 20 towns that we have traditionally used for benchmarking purposes, including Hingham, shows that all of them have advisory or finance committees that are appointed, in most cases by the moderator. None are elected.

      RECOMMENDED:  That no action be taken on this article.

      ARTICLE 43.  Will the Town, in accordance with the Hingham Affordable Housing Trust (HAHT) By-Law, adopted by vote under Article 21 at the 2007 Annual Town Meeting, approve an allocation plan for any funds to be appropriated to the HAHT in FY 2011 and FY 2012; such allocation plan may include, without limitation, the following provisions:
(a)  purpose-restricted funds which come to the HAHT in FY 2011 or FY 2012 for designated purposes via Town Meeting appropriation shall be allocated according to those purposes;
(b)  funds allocated by a previous Town Meeting shall continue to be allocated according to the plan approved at that Town Meeting, or act on anything related thereto?
(Inserted at the request of the Affordable Housing Trust)

      COMMENT:  In 2007, the Annual Town Meeting approved Article 21 accepting M.G.L.c. 44, Section 55C creating the Hingham Affordable Housing Trust (“HAHT”) by adding Article 39 to the By-Laws of the Town.  The purpose of the HAHT is to provide for the creation and preservation of affordable housing in Hingham for low and moderate income households.  Section 2(a)(16) requires that expenditures from the HAHT be in accordance with an allocation plan recommended by the trustees of the HAHT and approved by Town Meeting.  It specifies that the plan generally outline the use of funds for the coming fiscal year.  The Town Treasurer is the custodian of the funds; any income or proceeds received by the HAHT and any moneys remaining in the HAHT at the end of the fiscal year remain with the HAHT.
Unrestricted funds in the amount of $225,000, appropriated to the HAHT by the 2008 Annual Town Meeting, were allocated as follows:
50% for maintaining and improving affordability of existing housing stock,
15% for construction of affordable housing,
15% for loan or grant purposes,
15% for third-party costs including, but not limited to, engineering, accounting, appraisal, and financial and legal advice, and
5% for administration of the HAHT.
Moneys remaining in the HAHT from that appropriation will continue to be allocated in accordance with this plan.

      RECOMMENDED:  That the Town, in accordance with the HAHT By-Law, adopted by vote under Article 21 at the 2007 Annual Town Meeting, approve an allocation plan for any funds to be appropriated to the HAHT in FY 2011 and FY 2012; such allocation plan may include, without limitation, the following provisions:
(a)  purpose-restricted funds which come to the HAHT in 2011 or FY 2012 for designated purposes via Town Meeting appropriation shall be allocated according to those purposes;
(b)  funds allocated by a previous Town Meeting vote shall continue to be allocated according to the plan approved at that Town Meeting.

      ARTICLE 44.  Will the Town accept Sections 27 and 28 of Chapter 131 of the Acts and Resolves of 2010 for the purpose of establishing the supplemental annual retirement allowance for certain survivors of disabled retirees at $9,000 pursuant to Chapter 32, Section 101 of the General Laws, or take any other action relating thereto?
(Inserted at the request of the Hingham Contributory Retirement Board)

      COMMENT:  Prior to July 1, 2010, Chapter 32, Section 101 of the Massachusetts General Laws provided for a  supplemental annual retirement allowance of $6,000 to be paid to the surviving spouse of an accidental/ordinary disability retiree who retired before November 1996 and died of a cause unrelated to their disability.
Section 27 of Chapter 131 of the Acts of 2010 increases the allowance from $6000 per year to $9,000 per year.  Section 28 of Chapter 131 requires Town Meeting approval for the increase.
Currently there are three section 101 survivors of former Town employees. The additional actuarial liability for these three survivors is approximately $48,000.  The additional cost to the funding schedule for this liability is approximately $2,700 per year based on an 8% interest rate amortized over 30 years. Four additional qualifying spouses could also be eligible for the increased annual allowance in the future. This could increase the actuarial liability to all survivors to approximately $112,000.
When Chapter 32, section 101 of the Massachusetts General Laws was approved in 1964, the supplemental retirement allowance amounted to $1,200 annually. In 1972 the allowance increased to $1,680, in 1984 the allowance increased to $3,000 and in 1995 the allowance increased to $6,000. All the supplemental allowance increases were approved by Town Meeting and in all cases the increase applied to the survivors currently receiving the supplemental allowance as well as any survivors that became eligible at a later date.

      RECOMMENDED:  That the Town accept Sections 27 and 28 of Chapter 131 of the Acts and Resolves of 2010 for the purpose of establishing the supplemental annual retirement allowance for certain survivors of disabled retirees at $9,000 pursuant to Chapter 32, Section101 of the General Laws

      ARTICLE 45.  Will the Town require the Board of Selectmen to take such action as may be required to offer for sale the Town owned golf course and to use the proceeds there from for the sole purpose of reducing residential property taxes.
(Inserted at the request of Bernard Manning and others)

      COMMENT:  The South Shore Country Club is an important part of our community.  While the primary purpose of the Club is to provide an affordable venue for golf, it also provides other forms of recreation including swimming, tennis, and bowling, all of which, like golf, are available to Hingham residents at rates below those charged at private facilities. The Club offers various instructional programs for children and adults and makes its facilities available free of charge to the Hingham High School and Notre Dame Academy golf teams. The Club also provides a setting for less structured forms of recreation including running, walking, and sledding in the winter.

Since its acquisition by the Town, the Club has helped defray the original purchase price and debt service cost of the Club by transferring approximately $6 million to the Town. No transfers have been made since 2007; however, management of the Club has undertaken many initiatives to enhance the Club’s operations and stabilize its financial condition. Among these initiatives is an extensive renovation of the dining and function facility which was completed at no cost to the Town. The Club hopes to begin transferring funds back to the Town again in future fiscal years.

In addition to the foregoing, there are certain considerations that make sale of the property impractical. Because of the nature of the property, and the financing of its purchase, any sale must be approved by a two-thirds roll-call vote of the state legislature, would require the consent of various state agencies, and would oblige the Town to identify another 160 acres of open space to replace the property in the Town’s open space inventory. Furthermore, any development of the property by a potential buyer would likely put extreme pressure on the Town’s resources and infrastructure, including, but not limited to, the Town’s school system, public safety departments and roads.

      RECOMMENDED:  That no action be taken on this article.

      ARTICLE 46.  Will the Town accept the laying out, as a Town way, of a way beginning at the intersection with French Street extending approximately 797 feet, more or less, in an easterly direction, through a turnaround as shown on a plan entitled:  “As Built Plan” Cranberry Lane and Rosewood Lane, dated 09/08/06, prepared by Coneco Engineers & Scientists, Inc., as revised from time to time and the name Cranberry Lane be given said way, or act on anything relating thereto?
(Inserted at the request of Martin O’Neill and others)

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

      ARTICLE 47.  Will the Town accept the laying out, as a town way, of a way beginning at the intersection with Cranberry Lane extending approximately 469 feet, more or less, in a northerly direction as shown on a plan entitled:  “As Built Plan” Cranberry Lane and Rosewood Lane, dated 09/08/06, prepared by Coneco Engineers & Scientists, Inc., as revised from time to time and the name Rosewood Lane be given said way, or act on anything relating thereto?
(Inserted at the request of Martin O’Neill and others)

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

And you are hereby also directed to notify and warn the inhabitants of the Town of Hingham qualified to vote in Town affairs to meet at three designated polling places in said Town of Hingham according to their precinct, to wit:  Precincts 1, 2, 3, and 5:  High School 17 Union Street; Precincts 4 and 6:  Middle School, 1103 Main Street; Precinct 6A:  the Derby Clubhouse Building, 302 Linden Ponds Way, on Saturday, the thirtieth day of April at Eight O’clock in the forenoon, then and there to give in their votes on the official ballot for:

A Moderator to serve one year, a Selectman to serve three years; an Assessor to serve three years; one member of the Board of Health to serve three years; two members of the School Committee to serve three years; a member of the Planning Board to serve five years; a member of the Planning Board to serve four years; a member of the Sewer Commission to serve three years; a member of the Recreation Commission to serve five years; a member of the Recreation Commission to serve three years; a member of the Recreation Commission to serve two years; and a member of the Municipal Light Board to serve three years.
And you are directed to serve this warrant by causing an attested copy thereof to be posted in the Town Hall seven days at least before the day appointed for said meeting.

Hereof fail not and make due return of this warrant with your doings thereon to the Town Clerk on or before the fourth day of April 2011.

Given under our hands at Hingham this 31st day of March 2011.

L. Bruce Rabuffo
John A. Riley
Laura M. Burns

A true copy
Attest:

Kathleen A. Peloquin
Constable of Hngham
April 1, 2011 

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

Kathleen A. Peloquin
Constable of Hingham
April 4, 2011