Current Warrant Articles

April 2023 Town Meeting

Monday, April 24, 2023, 7 PM

A          Hannah Lincoln Whiting Fund
B          Assume Liability for DCR on Rivers, Harbors, etc.
C         Reports of Various Town Committees 
D         Report of the Personnel Board
E          Salaries of Town Officers
F          Budgets
G         Transfer from the Stabilization Fund
H         Disbursement of Electric Lighting Department Receipts
I           Building Department Revolving Fund
J          Elder Services Revolving Fund
K          Transfer Funds to the Reserve Fund
L          Acceptance of Easements
M         Extension of Property Tax Relief: Senior Means-Tested Tax Exemption 
N         Community Preservation Committee Recommendations
O         Acceptance of M.G.L. c. 59, § 5N  
P          Establishment of a Tax Mitigation Stabilization Fund
Q         Establishment of a Capital Stabilization Fund
R         Amend General By-laws Article 18: Fees for Plumbing and Gas Permits:
S          Sale of 32 Rockwood Road
T          Naming By-law 
U         Plastic Bottle Ban By-law
V          Permitting and Design of Inner Harbor Coastal Structures
W         Acceptance of M.G.L. c. 59, § 5C½ 
X          Senior Center Feasibility
Y          Town Capital Equipment/Projects
Z          Amend General By-laws Article 29: Electrical Permit Fees
AA       Route 3A Sewer Project
BB       Climate Action Implementation
CC       HMLP Solar

AAA     Accessory Dwelling Units
BBB     Minimum Occupancy Term for Residential Uses
CCC    Storage of Unregistered Vehicles
DDD    Downtown Hingham Overlay District
EEE     Hingham Harbor Overlay District
FFF     Electric Vehicle Charging Parking Requirements
GGG   Citizen's Petition: to Increase the Minimum Lot Area and Frontage Requirement in Residence District A.

 

ARTICLE A

HANNAH LINCOLN WHITING FUND 

 

Will the Town choose all necessary Town Officers, other than those to be elected by ballot, including the following:

 

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?

(Inserted by the Select Board)

 

 

ARTICLE B

ASSUME LIABILITY FOR DCR

 

Will the Town, in accordance with, and only to the extent permitted by, Massachusetts 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 authorize the Select Board to execute and deliver a bond of indemnity to the Commonwealth assuming such liability, or act on anything relating thereto?

(Inserted by the Select Board)  

 

 

ARTICLE C

REPORTS OF VARIOUS TOWN COMMITTEES

 

To receive the reports, if any, of the following:  Accessory Dwelling Unit Study Committee, Affordable Housing Trust; Audit Committee; Capital Outlay Committee; Climate Action Planning Committee, Commission on Disabilities; Community Preservation Committee; Conservation Commission; Country Club Management Committee; Council on Aging; Energy Action Committee; GAR Hall Trustees; Harbor Development Committee; Historic Districts Commission; Historical Commission; Board of Managers of Lincoln Apartments LLC; Long Range Waste and Recycling Committee, Master Plan Committee; Memorial Bell Tower Committee; Open Space Acquisition Committee; Public Safety Facility Building Committee; Scholarship Fund Committee; 2017 School Building Committee; Senior Center Building Committee; Town Historian; Tree Preservation Study Committee; Wastewater Master Planning Committee; Weir River Water System Citizens Advisory Board; and Weir River Water System Transition and Evaluation Committee; or act on anything relating thereto?

(Inserted by the Select Board)

 

 

ARTICLE D

PERSONNEL BOARD REPORT

 

Will the Town accept the report of the Personnel Board appointed under the Classification and Salary Plan, or act on anything relating thereto? 

(Inserted by the Select Board)

 

 

ARTICLE E 

SALARIES OF CERTAIN TOWN OFFICERS

 

Will the Town fix the salaries of the following Town Officers: 

1. Members of the Select Board         

2. Members of the Board of Assessors 

3. Town Clerk 

4. Members of the Municipal Light Board; 

or act on anything relating thereto? 

(Inserted by the Select Board)  

 

 

ARTICLE F 

BUDGETS

 

Will the Town raise and appropriate, or transfer from available funds, sums of money to defray the expenses of the Town for the 12-month period beginning July 1, 2023, or act on anything relating thereto?

(Inserted by the Select Board)

 

 

ARTICLE G

TRANSFER FROM THE STABILIZATION FUND

 

Will the Town transfer a sum of money from the Stabilization Fund and/or from available reserves for the purpose of paying debt service for excluded debt in order to reduce the need to raise said funds through the Fiscal Year 2024 tax rate, or act on anything relating thereto?

(Inserted by the Select Board)  

 

 

ARTICLE H 

DISBURSEMENT OF ELECTRIC LIGHT DEPARTMENT RECEIPTS

 

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, 2023, pursuant to Sections 57 and 57A of Chapter 164 of the Massachusetts General Laws, and provide for the disposition of any surplus receipts, or act on anything relating thereto?

(Inserted by the Select Board)  

 

 

ARTICLE I 

BUILDING DEPARTMENT REVOLVING FUND

 

Will the Town limit the total amount that may be spent from the Building Department Revolving Fund, established under Article 18 of the General By-laws, to $350,000.00 during Fiscal Year 2024, or act on anything relating thereto?

(Inserted by the Select Board)  

 

ARTICLE J 

ELDER SERVICES REVOLVING FUND

 

Will the Town limit the total amount that may be spent from the Elder Services Revolving Fund, established under Article 16 of the General By-laws, to $80,000.00 during Fiscal Year 2024, or act on anything relating thereto?

(Inserted at the request of the Council on Aging)

 

 

ARTICLE K 

TRANSFER OF FUNDS TO THE RESERVE FUND

 

Will the Town raise and appropriate, or transfer from available funds, a sum of money to the Town’s Reserve Fund for use during Fiscal Year 2023, or act on anything relating thereto? 

(Inserted by the Select Board)

 

 

ARTICLE L 

ACCEPTANCE OF EASEMENTS

 

Will the Town authorize, but not require, the Select Board to accept grants of easements for streets, water, drainage, sewer and utility purposes or any public purpose on terms and conditions the Board deems in the best interest of the Town, or act on anything relating thereto? 

(Inserted by the Select Board)  

 

 

ARTICLE M

EXTENSION OF HINGHAM SENIOR MEANS-TESTED PROPERTY TAX EXEMPTION

 

Will the Town vote to reaffirm the provisions of Chapter 381 of the Acts of 2020 to allow for the continuance of the existing senior means-tested property tax exemption and to further authorize the Select Board to petition the General Court of the Commonwealth of Massachusetts, in accordance with Article LXXXIX, Article II, Section 8 (M.G.L.A. Const. Amend. Art. 2, Section 8) of the Articles of Amendment to the Constitution of the Commonwealth, to amend Chapter 381 of the Acts of 2020 to delete the expiration date contained in SECTION 6 of said Act in substantially the following form, provided that the General Court may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of the petition:

 

AN ACT TO AMEND THE PROVISIONS OF CHAPTER 381 OF THE ACTS OF 2020

 TO CONTINUE THE TOWN OF HINGHAM SENIOR MEANS-TESTED PROPERTY TAX EXEMPTION

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

 

That SECTION 6 of Chapter 381 of the Acts of 2020 is hereby deleted to remove the expiration date of said Act to allow for the continuance of the Town of Hingham Senior Means-Tested Property Tax Exemption.

or act on anything relating thereto?

 

(Inserted by the Select Board)

 

 

ARTICLE N

COMMUNITY PRESERVATION COMMITTEE RECOMMENDATIONS

 

Will the Town appropriate, borrow and/or set aside for later spending a sum of money from the available Community Preservation Funds remaining after payment of debt service for bonds and/or notes issued under M.G.L. c. 44B for the following items recommended by the Community Preservation Committee for the fiscal year beginning July 1, 2023:

 

  1. Appropriate a sum of money in the amount of $50,000 from the Community Preservation General Fund to be used by the Community Preservation Committee for its administrative and operating expenses; 

 

  1. Appropriate a sum of money in the amount of $735,000 from the Community Preservation General Fund for community housing purposes to be used by the Hingham Affordable Housing Trust (“HAHT”) for the HAHT Opportunity Fund;

 

  1. Appropriate a sum of money in the amount of $15,592 from the Community Preservation General Fund for community housing purposes to be used by the Hingham Housing Authority for exterior repairs to the house located at 132 Scotland Street, Map 190/Lot 26;

 

  1. Appropriate a sum of money in the amount of $12,964 from the Community Preservation General Fund for community housing purposes to be used by the Hingham Housing Authority for exterior repairs to the garage located at 132 Scotland Street, Map 190/Lot 26;

 

  1. Appropriate a sum of money in the amount of $7,727 from the Community Preservation General Fund for community housing purposes to be used by the Hingham Housing Authority for boiler replacement at 132 Scotland Street, Map 190/Lot 26;

 

  1. Appropriate a sum of money in the amount of $40,535 from the Community Preservation General Fund for community housing purposes to be used by the Hingham Housing Authority to install a fire door hold-open system for the Thaxter Park Elderly Housing development located at 30 Thaxter Street, Map 60/Lot 15;

 

  1. Appropriate a sum of money in the amount of $178,945 from the Community Preservation General Fund for open space/recreational use purposes to be used by the Hingham Recreation Commission to reconstruct the basketball court at Cronin Field;

 

  1. Appropriate a sum of money in the amount of $55,500 from the Community Preservation General Fund for open space/recreational use purposes to be used by the Hingham Recreation Commission for a feasibility study and design of pickleball courts;

 

  1. Appropriate a sum of money in the amount of $21,000 from the Community Preservation General Fund for historic resources purposes to be used by the Hingham Public Library to digitize Hingham newspapers on microfilm;

 

  1. Appropriate a sum of money in the amount of $93,000 from the Community Preservation General Fund for historic resources purposes to be used by the Hingham Historical Commission to paint and restore the former Tree and Park Barn located at 8 Short Street, Map 81/Lot 140;

 

  1. Appropriate a sum of money in the amount of $109,000 from the Community Preservation General Fund for historic resources purposes to be used by Hingham Girl Scout House, Inc., to rehabilitate to meet Federal and state code regulations of the Americans with Disability Act the Hingham Girl Scout House located at 26 Burr Road, Map 80/Lot 89;

 

or act on anything relating thereto?

(Inserted at the request of the Community Preservation Committee)

 

 

ARTICLE O

ACCEPTANCE OF M.G.L. CHAPTER 59, SECTION 5N

 

Will the Town confirm acceptance of the provisions of M.G.L. c. 59, § 5N, specifically including the last paragraph thereof, which authorizes the Select Board to establish a program to allow veterans to volunteer to provide services to the Town of Hingham in return for a reduction in the real property tax obligation of that veteran and to further adjust said exemption by allowing an approved representative to provide such services on behalf of a veteran physically unable to provide such services and by allowing the maximum reduction for said real estate taxes to be based upon 125 volunteer service hours in any given tax year, or act on anything relating thereto?

(Inserted by the Select Board)

 

 

ARTICLE P

TAX MITIGATION STABILIZATION FUND

 

Will the Town establish a “Tax Mitigation Stabilization Fund” under M.G.L. c. 40, § 5B for the purpose of setting aside funds for future appropriation by Town Meeting in order to reduce the need to raise these funds through the annual tax rate and to transfer an amount of money from available reserves into said “Tax Mitigation Stabilization Fund”, or act on anything relating thereto?

(Inserted by the Select Board)

 

 

ARTICLE Q

ESTABLISHMENT OF A CAPITAL STABILIZATION FUND

 

Will the Town establish a “Capital Stabilization Fund” under M.G.L. c. 40, § 5B for the purpose of setting aside funds for future appropriation by Town Meeting in order to pay for capital equipment and/or capital projects and to transfer an amount of money from available reserves into said “Capital Stabilization Fund”, and further, will the Town accept the provisions of the fourth paragraph of said M.G.L. c. 40, § 5B for the purpose of dedicating all general fund receipts from the sale of tangible supplies under M.G.L. c. 30B, § 15 and Town of Hingham General By-law Article 5A, Section 8 (which includes the sale of motor vehicles, machinery, computer equipment, furniture and other items of personal property but excluding real property) into said “Capital Stabilization Fund” effective July 1, 2023 and thereafter, or act on anything relating thereto?

(Inserted by the Select Board)

ARTICLE R

AMEND GENERAL BY-LAWS ARTICLE 18 FEES FOR PLUMBING AND GAS PERMITS

 

Will the Town vote to amend the General By-laws of the Town of Hingham, adopted March 13, 1939, as heretofore amended, by deleting Article 18 of the General By-Laws in its entirety and replacing said Article 18 with the following:

 

ARTICLE 18

FEES FOR PLUMBING AND GAS PERMITS

 

Residential Plumbing and Gas Fees

 

1 fixture (minimum) Plumbing & Gas

$50

Each additional fixture

$15

New house complete (up to 2,500 sq.ft.)

New house complete (up to 3,500 sq.ft.)

New house complete (up to 4,500 sq.ft)

New house complete (over 4,500 sq.ft.)

$200

$300

$400

$500

Site visit

$50

Re-inspection fee

Domestic water heater

All gas requires a test

 

Underground Plumbing & Gas

 

Work started without permit

$100

$50 + gas $50 = $100

$15 (test with a fixture)

$75 (test alone)

$60

 

Double fee +$150

 

Commercial Plumbing and Gas Fees

 

1 fixture (minimum)

          $60

Each additional fixture

          $20

Site visit

          $60

Re-inspection fee

Underground per inspection

Commercial water heater

Work started without permit

          $100

          $75

$60 + gas $60 = $120

Double fee +150

 

That the fees set forth herein may be changed and adjusted from time to time by the Select Board.

 

In accordance with M.G.L. c. 44, s. 53E½, there is hereby established in the Building Department a Building Department Revolving Fund for the following purposes:

  1. For the receipt of all fees from plumbing and gas inspections (under General By-law Article 18) and electrical inspections (under General By-law Article 29) performed by Inspectors within the Building Department. 

 

  1. For the expenditures to pay wages, salaries, and fringe benefits (as applicable) for said Inspectors and associated department staff for performance of their services and for the expenditures to pay for equipment to be used by said Inspectors and/or associated department staff for the performance of their services.

 

The Building Commissioner shall be authorized to expend from said Revolving Fund for said purposes in accordance with the provisions of M.G.L. c. 44, s. 53E½. The Building Commissioner shall report all receipts and expenditures of said Revolving Fund to the Select Board at the end of each Fiscal Year.

 

Or act on anything related thereto?

(Inserted by the Select Board)

 

 

ARTICLE S

SALE OF 32 ROCKWOOD ROAD

 

Will the Town authorize, but not require, the Select Board to sell, lease, or otherwise transfer that parcel of land located at 32 Rockwood Road and shown as Lot 56 on Assessors’ Map 62 for residential use and provided further that the proceeds from any such sale, lease or other transfer shall be deposited into the “Capital Stabilization Fund” if such fund has been established by Town Meeting otherwise said proceeds shall be deposited into the general fund, or act on anything relating thereto?

(Inserted by the Select Board)

 

 

ARTICLE T

NAMING BY-LAW

 

Will the Town vote to amend the General By-laws of the Town of Hingham, adopted March 13, 1939, as heretofore amended, as follows:

 

To delete Article 40 of the General By-laws of the Town of Hingham in its entirety and insert in its place the following new Article 40:

 

 

ARTICLE 40

THE NAMING OF PUBLIC BUILDINGS AND PUBLIC LANDS

 

SECTION 1. Purpose: 

 

The naming of Public Buildings and Public Lands is an important matter that deserves thoughtful attention.  It is the purpose of this By-law to reserve the naming or renaming of Public Buildings and Public Lands for circumstances that will best serve the interests of the Town and to ensure a worthy and enduring legacy.  Naming should reflect positively on the Town’s public image. 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, entities, locations, or events of local, national or global significance. 

 

It is important that the decision to name a Public Building or Public Land is achieved through a process that is transparent, collaborative, inclusive and based on a public process.  

 

SECTION 2. Definitions:

 

1.   “Designate” or “Naming” – the act of assigning a Name to any Public Building or Public Land as defined in this by-law.

 

2.   “Name” – a word or phrase that recognizes one or more individuals, entities, locations, or events.

 

3.   “Rename” or “Renaming” – the act of removing or redesignating the Name of any Public Building or Public Land. 

 

4.   “Public Building” – any building or structure owned by the Town of Hingham.

 

5.   “Public Land” – any real property owned by the Town of Hingham, including, but not limited to, playgrounds, parks, courts, athletic fields, wharves or piers, intersections and medians, and driveways on Public Lands, but not including public ways regulated by Article 10 of the General By-laws.

 

SECTION 3. Procedure, Exemptions, and Other Requirements:

 

1.   The Naming or Renaming of any Public Building or Public Land shall be by majority vote at an Annual or Special Town Meeting. 

 

2.   Any proposed warrant article to name a Public Building or Public Land shall be submitted to the Select Board for its review and recommendation as to the appropriateness thereof.  Following a widely advertised and duly posted public meeting, and with the advice of the board(s), committee(s), or department(s) with care, custody, management, and control of the Public Building or Public Land, the Select Board shall forward its recommendation to the Annual or Special Town Meeting.

 

3.   No Public Building or Public Land shall be named for any person employed by the Town of Hingham at the time the Naming proposal is being reviewed or approved hereunder.

 

4. The Naming or Renaming of individual rooms, areas or sub-areas within a Public Building, or areas or sub-areas associated with any Public Land, shall be subject to approval by the board(s), committee(s), or department(s) having care, custody, management, and control over the same, and paragraphs 1 and 2 of this section shall not apply, provided that:

 

(a) such room, area, or sub-area within a Public Building constitutes less than 25% of the usable square footage of the Public Building or such area or sub-area associated with any Public Land constitutes less than 25% of the total square footage of the parcel comprising said Public Land; provided that in the case of an ancillary Public Building located on the same parcel of Public Land as the primary Public Building, the 25% threshold shall be calculated based on usable square footage of the ancillary Public Building as compared to the total of all other usable square footage of all Public Buildings located on the same parcel of Public Land;

            

            (b) no room, area, or sub-area shall be named for any person employed by the Town of 

Hingham at the time the Name is being reviewed or approved hereunder,

 

(c) a widely advertised and duly posted public meeting, posted no less than 14 days in advance, is held at which such Naming or Renaming is considered and acted upon by said board(s), committee(s), or department(s); and

 

(d) any town resident, objecting to such naming, renaming or designation by the board(s), committee(s), or department(s) may, within 10 days thereafter, appeal the action in writing to the Select Board, which shall, after a widely advertised hearing, approve or reject the action.

 

5.  The following may be installed upon approval by the board(s), committee(s), or department(s)t having care, custody, management, and control over the Public Building or Public Land: (a) benches, flagpoles, trees or other markers dedicated to individual(s); and (b) bricks installed in walkways and similar hardscape areas on Public Land as part of a public fundraising or like program and which display the name(s) of the donor or a person to whom the brick is dedicated. Such a brick installation may be approved as a whole project (rather than each individual brick) provided that the bricks are limited to name(s) and not phrases or statements.

 

6.  The temporary installation of commercial signs on any Town owned property for the purpose of public fundraising may be approved by the board(s), committee(s), or department(s) having care, custody, management, and control over said Town owned property subject to approval by the Select Board provided that said commercial signs are in compliance with all other applicable laws, regulations, bylaws and policies.

 

7. The Select Board shall, after a widely advertised and duly posted public meeting, adopt a written policy regarding additional procedures, specifications and standards to be followed by all board, committees, or departments in acting under paragraphs 4, 5 and 6 of this Section 3, including, but not limited to, a process to widely publicize any Naming or Renaming proposal, specifications for dedicated benches, flagpoles, trees or other markers, specifications for commercial signs, and the standards and procedures for the removal of a Name.

 

Or act on anything relating thereto?

 

(Inserted at the request of the Naming By-law Committee)

 

 

ARTICLE U

PLASTIC BOTTLE BY-LAW

 

Will the Town vote to amend the General By-laws of the Town of Hingham, adopted March 13, 1939, as heretofore amended, by adding a new Article 45 to the Town of Hingham General By-laws as follows:

 

ARTICLE 45

COMMERCIAL SALE OR DISTRIBUTION OF WATER IN SINGLE-USE BOTTLES

 

Section 1. Purpose and Intent

 

The purpose of this by-law is to reduce the common use of single-use plastic water bottles and to promote the use of reusable bottles by consumers, thereby reducing local land and marine pollution, reducing waste, protecting the town’s unique natural beauty and irreplaceable natural resources, and improving the quality of life for the residents of the Town of Hingham.  

 

Section 2. Definitions 

 

Single-use plastic bottle means a beverage container made from any type of plastic resin.

 

Reusable bottle means a beverage container that is either (1) made from a plastic alternative such as stainless steel or glass, or (2) made of plastic other than polyethylene or polyvinyl chloride that is durable, non-toxic, and generally considered a food grade material.

 

Non-carbonated water means water, which by nature and after possible treatment and packaging, taking into consideration usual technical tolerance, does not contain free carbon dioxide in amounts larger than are necessary to keep the hydrogen carbonate salts present in the water dissolved.

 

Section 3. Sale Restrictions

 

Effective on January 1, 2024, it shall be unlawful to sell non-carbonated, unflavored drinking water in single-use plastic bottles of less than one gallon in the Town of Hingham. 

 

Section 4. Exemptions

 

Sales or distribution of non-carbonated, unflavored drinking water in single-use plastic bottles occurring subsequent to a declaration of an emergency (by the Emergency Management Director or other duly authorized Town, county, commonwealth or federal official) affecting the availability and/or quality of drinking water for residents of the Town of Hingham shall be exempt from this by-law until seven calendar days after the declaration has ended. 

 

Section 5. Enforcement; violations and penalties; inspection of businesses.

 

A.        Enforcement of this by-law shall be the responsibility of the Town Administrator or their designee.  The Town Administrator shall determine the inspection process to be followed, incorporating the process into other Town administration duties as appropriate.

 

B.        Any establishment or person conducting sales in violation of this by-law shall be subject to a non-criminal disposition fine as specified in M.G.L. c. 40 § 21D.  The following penalties apply:

 

  1. First violation: written warning.
  2. Second violation: $100 Fine.
  3. Third violation: $200 Fine.
  4. Fourth and subsequent violations: $300 Fine. 

 

C.        Each day a violation continues constitutes a separate violation, incurring additional fines.  

Any such fines collected shall be payable to the Town of Hingham.     

 

D.        All businesses may be routinely inspected in accordance with applicable law until the Town Administrator or their designee deems the inspection to no longer be required.

 

Section 6. Effective Date

 

This by-law shall become effective January 1, 2024. 

 

Or act on anything related thereto?

 

(Inserted at the request of the Long-Range Waste Disposal and Recycling Committee (Cleaner Greener Hingham))

 

 

ARTICLE V

PERMITTING AND DESIGN OF INNER HARBOR COASTAL STRUCTURES 

 

Will the Town raise and appropriate, borrow, or transfer from available funds, a sum of money to be expended by the Select Board for the permitting and design of Inner Harbor Coastal Structures, to address safety issues, sea level rise, and harborside activities, or act on anything related thereto?

(Inserted at the request of the Harbor Development Committee)

 

 

ARTICLE W

ACCEPTANCE OF M.G.L. CHAPTER 59, SECTION 5C½  

 

Will the Town accept M.G.L. c. 59, § 5C½, which provides for an additional real estate exemption for taxpayers who are granted personal exemptions on their domiciles under M.G.L. Chapter 59, Section 5, including certain blind persons, veterans, surviving spouses, and seniors, and to provide that the additional exemption shall be up to 100 percent of the personal exemption, to be effective for exemptions granted for any fiscal year beginning on or after July 1, 2023, or act on anything relating thereto?

(Inserted by the Select Board)

 

 

ARTICLE X

SENIOR CENTER FEASIBILITY

 

Will the Town vote to amend the appropriation of $525,000.00 previously approved under Article 14 of the Town of Hingham 2020 Annual Town Meeting to expand the purpose for which said appropriation may be expended as follows:  Said appropriation may be expended by the Select Board for any expenses of feasibility, design, architectural, engineering, and other services related to feasibility studies through the issuance of bid documents for a Senior Center to be located in any public building owned by the Town of Hingham, or act on anything relating thereto?

(Inserted by the Select Board)

 

 

ARTICLE Y
 TOWN CAPITAL EQUIPMENT/PROJECTS

 

Will the Town raise and appropriate, borrow, or transfer from available funds a sum of money to pay for Town capital equipment and/or capital projects, or act on anything relating thereto? 

(Inserted by the Select Board)

 

 

ARTICLE Z

AMEND GENERAL BY-LAWS ARTICLE 29:  ELECTRICAL PERMIT FEES

 

Will the Town vote to amend the General By-laws of the Town of Hingham, adopted March 13, 1939, as heretofore amended, by deleting Article 29 of the General By-Laws in its entirety and replacing said Article 29 with the following:

 

ARTICLE 29

ELECTRICAL PERMIT FEES

 

Residential

Base Residential Fee

 

$50

Re-inspection fee

 

$100

Service, temp, or partial 100 amp

 

$60

Service 200 amp

 

$70

Service over 200 amp

 

$250

New house complete and multi-family per unit up to 200 AMP service

 

$275

New house complete with 300 amp Service

 

$325

New house complete with 400 amp Service

 

$375

Trenches each 100 feet

 

$75

Addition/remodel/out building (i.e. shed or garage)

 

$125

Generator

 

$75

Septic System Wiring Motor/Pump

 

$60

Alarm Systems, Fire and Burglar

 

$60

Single Appliance

 

$60

Water Heater

 

$60

Heating System

 

$60

Solar Panel installation

 

$200

Swimming Pools (in-ground)

 

$250

Swimming Pools (above ground)

 

$125

Automotive chargers

 

$60

Concrete encased electrode (ufer ground)

 

$60

After hours inspection

 

$200

Work started w/o permit (permit must be obtained w/i 5 days of commencing work)

 

Double fee +150

 

 

 

Commercial

Base Commercial Fee

 

 

$100

Re-inspection required

 

$100

Service, temp, or partial 200 amp or less

 

$150

Service 201-400 amp

 

$200

Service 401 amp and up

 

$250

Commercial project not including service

      1.50% of electrical contract up to $100,000 and $3.00 per thousand over $100,000

 


After hours inspection

 

Work started w/o permit (permit must be obtained w/i 5 days of commencing work)

 

$200

 

Double fee +150

 

That the fees set forth herein may be changed and adjusted from time to time by the Select Board.

 

Or act on anything related thereto?

(Inserted by the Select Board)

 

 

ARTICLE AA

ROUTE 3A SEWER PROJECT

 

Will the Town vote to raise and appropriate, borrow or transfer from available funds, a sum of money to pay for the costs of designing, permitting, constructing and/or improving the main sewer line and appurtenances thereto located in the Route 3A highway, or act on anything relating thereto?

(Inserted at the request of the Sewer Commission)

 

 

ARTICLE BB

CLIMATE ACTION IMPLEMENTATION

 

Will the Town vote to establish a Hingham Climate Action Commission charged with supporting, overseeing, and holding to account (1) the Town’s implementation of the Climate Action Plan, developed and adopted pursuant to Article 14 of Town Meeting 2021, (2) any updates and amendments to the plan in accordance with the recommendations and processes set forth therein, and (3) periodically reporting progress on the Town’s implementation of the Climate Action Plan; with such commission organized as follows:  (a)(i) nine voting members consisting of one member of Energy Action Committee or its designee, one member of Cleaner Greener Hingham or its designee, one member of the Planning Board or its designee; one member of the Conservation Commission or its designee; one member of the Development & Industrial Commission or its designee, with each of the above to be selected by their respective board or committee; and four residents, each to be selected to a two-year term, with two selected by the Select Board and two selected by the Moderator; and (ii) three non-voting members consisting of one member representing the Hingham Municipal Lighting Plant as designated by the Hingham Municipal Lighting Plant Board; one member of the School Committee or its designee; and the Sustainability Coordinator or any successor role thereto, serving as the Secretary of the Commission; and (b)(i) the Hingham Climate Action Commission shall be led by a Chair and a Vice Chair, with the Vice Chair performing the duties of the Chair when the Chair is not available, each to be elected by majority vote of all nine voting members present at the first duly called meeting of the Hingham Climate Action Commission and subsequently thereafter upon any successful motion for a new election to be held for one or both positions.

 

Or act on anything relating thereto?

(Inserted at the request of the Climate Action Planning Committee)

 

 

ARTICLE CC

HMLP SOLAR

 

Will the Town authorize but not require the Select Board and/or the School Committee to enter into long-term leases, licenses, agreements for payment in lieu of taxes and/or other contractual agreements with the Hingham Municipal Lighting Plant, subject to terms and conditions approved by the Select Board and/or School Committee, for all or portions of the following municipal and school properties:

 

Hingham High School (17 Union Street), Plymouth River School (200 High Street), Hingham Middle School (1073 Main Street), East School (2 Collins Road), the elementary school at 55 Downer Avenue  (55 Downer Avenue), Town Hall (210 Central Street), Central Fire Station (339 Main Street), South Fire Station (847 Main Street), Public Safety Facility (335 Lincoln Street), Weir River Water System (900 Main Street), Weir River Water System Fulling Mill station (93 South Pleasant Street), South Shore Country Club (274 South Street), Transfer Station (1 Sam Ryder Road), Department of Public Works (25 Bare Cove Park Road), former Department of Public Works building (101 Hersey Street), School Maintenance Building (28 Bare Cover Park Road), School bus dispatch building (25 Fort Hill Street), School storage building (25 Fort Hill Street),for the purposes of installing and operating solar energy generation and/or energy storage facilities, including rooftop, ground-mounted and other solar facilities, and further to authorize the School Committee and the Town to take such action as may be necessary under State law to effectuate said agreements.

 

Or act on anything relating thereto?

(Inserted at the request of the Hingham Municipal Light Board)

ARTICLE AAA

ACCESSORY DWELLING UNITS

 

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

 

Item 1      By replacing Section 1.8.9 under Section III-A in its entirety with the following “Accessory dwelling units within a Single-Family Dwelling or an accessory structure thereto, subject to Section V-K”

 

Item 2      By replacing Section V-K in its entirety with the following:

V-K          Accessory Dwelling Units

 

  1. Purpose

 

Consistent with the goals of the Master Plan, adopted August 23, 2021, the purpose of permitting dwelling units accessory to single-family dwellings is to:

 

  1. Provide a variety of housing to encourage population diversity and aging in the community.

 

  1. Provide accessory dwelling units without significantly adding to the number of buildings in the Town or substantially altering the appearance of the residential property and for the purpose of enabling owners of single-family dwellings to share space and the burdens of homeownership while also protecting the stability, property values and residential character of the surrounding neighborhood.

 

  1. Provide housing units for households with diverse housing needs including, without limitation, family members with mental and physical disabilities.

 

  1. Enable the Town to monitor accessary dwelling unit construction for code compliance.

 

  1. Definitions

 

  1. An “accessory dwelling unit” is a second self-contained dwelling unit located either within a single-family dwelling or a detached structure accessory thereto, which second dwelling unit is subordinate in size to the principal dwelling and otherwise complies with the provisions of this Section V-K.

 

  1. A “principal dwelling” for the purposes of this Section V-K is a single-family dwelling exclusive of the area that constitutes the accessory dwelling unit.

 

  1. A single-family dwelling with an accessory dwelling unit shall not be deemed to be a two-family dwelling.

 

  1. Eligibility Requirements

 

The Board of Appeals may only issue a Special Permit A1 for an accessory dwelling unit that meets the following minimum eligibility requirements:

 

  1. As of the date that the application for a special permit is filed with the Board of Appeals, the total number of accessory dwelling units in the Town shall not exceed two and one- half percent (2.5%) of the total single-family dwelling units in the Town (the “ADU Cap”). The ADU Cap shall be determined by a fraction represented as follows: the numerator shall be the total number of accessory dwelling units allowed by special permit pursuant to this Section V-K plus the number of accessory dwelling unit permit applications pending approval before the Board of Appeals and the denominator shall be the total number of single-family dwelling units existing in the Town as classified in the Hingham assessors’ records.

 

  1. The applicant shall, at the time application is made for the special permit, be the owner of the lot and single-family dwelling thereon where the accessory dwelling unit is proposed and must certify in such application that the owner currently occupies the single-family dwelling or will occupy the principal dwelling or accessory dwelling unit as his or her primary residence immediately upon issuance of the special permit.

 

  1. The area of the lot on which the existing single-family dwelling is located shall not be less than five thousand (5,000) square feet for an accessory dwelling unit within the principal structure or ten thousand (10,000) square feet for an accessory dwelling unit in a detached accessory structure. In the case of new construction, the area of the lot shall comply with the applicable minimum lot size for the single-family zoning district in which the single-family dwelling is proposed.

 

  1. The application must be accompanied by written confirmation from either (i) the Board of Health that the requirements of the Massachusetts Title 5 septic system regulations and the Hingham Board of Health Supplemental Rules and Regulations for septic systems have been or can be met or (ii) the Sewer Department that there exists available capacity in the applicable sewer district, in either case, to support the total number of bedrooms proposed for the lot inclusive of the accessory dwelling unit.

 

  1. Only one accessory dwelling unit shall be permitted per lot so that the total number of dwelling units per lot shall not exceed two.

 

  1. In Residence District D and in Business Districts A and B accessory dwelling units are only permitted in connection with pre-existing nonconforming single-family dwellings.

 

  1. Dimensional and Design Requirements Applicable to all Accessory Dwelling Units

 

The Board of Appeals may only issue a Special Permit A1 for an accessory dwelling unit that meets the following dimensional and design requirements:

 

  1. The architectural character of a single-family dwelling use shall be maintained.

 

  1. All stairways accessing an accessory dwelling unit above the ground floor of a single- family dwelling or detached accessory structure shall be enclosed within the exterior walls of the building.

 

  1. The maximum area of an accessory dwelling unit shall be the lesser of 875 square feet or 35% of the gross floor area of the principal dwelling. For this calculation, the gross floor area shall be as defined in Section VI of this By-Law.

 

  1. An accessory dwelling unit shall not be created by any extension of a non-conforming building dimension, including the front, side or rear yard setback.

 

  1. Any new entrance for the accessory dwelling unit or principal dwelling shall be located to the side or rear of the single-family dwelling or detached accessory structure.

 

  1. Water and sewer utilities serving the accessory dwelling unit shall not be metered separately from the principal dwelling; provided, however, that the Board of Appeals may waive this requirement for an accessory dwelling unit within a lawfully existing structure which already maintains separately metered utilities, if the request is accompanied by the written approval of the appropriate utility, upon a finding that a waiver advances the purposes of this bylaw.

 

  1. Additional or modified landscaping, fences or other buffers may be required to protect abutting properties from potential negative visual or auditory impacts of the accessory dwelling unit.

 

  1. The parking requirement for an accessory dwelling unit is one space per bedroom in addition to the minimum required parking spaces for a single-family dwelling.

 

  1. An accessory dwelling unit may not have more than two (2) bedrooms.

 

  1. Additional Dimensional and Design Requirements Applicable to Accessory Dwelling Units in Detached Accessory Structures

 

The Board of Appeals may only issue a Special Permit A1 for a detached accessory dwelling unit that meets the following dimensional and design requirements:

 

  1. The detached accessory dwelling unit shall comply with all building dimensions, including the front, side or rear yard setback and height limitations. Notwithstanding the foregoing, the Permit Granting Authority may waive the preceding requirements for an accessory dwelling unit within a lawfully existing nonconforming detached accessory structure to no less than 10’ from a side or rear property line upon a finding that there will no potential negative visual or auditory impacts associated with the accessory dwelling unit that cannot be mitigated.

 

The detached accessory dwelling unit shall be located a minimum of 10’ from the principal dwelling and to the rear of the principal single-family dwelling or to the side of the single- family dwelling at a minimum position 10’ further back from the front  plane of the single- family dwelling.

 

  1. General Conditions

 

Any special permit issued pursuant to this Section V-K shall be subject to, and shall incorporate the following conditions:

 

  1. The owner of the single-family dwelling shall occupy either the principal dwelling or the accessory dwelling unit as the owner’s primary residence. Temporary absences of the owner for a period of not more than six months in the aggregate in any twelve month period and active military service of the owner for any length of time shall not be deemed a violation of this requirement.

 

  1. The owner shall recertify annually, by submission of a notarized letter to the Building Commissioner, that the owner will continue to occupy either the primary dwelling or the accessory dwelling unit as the owner’s primary residence, except for a bona fide temporary absence as provided above in subsection 6.a.

 

  1. Upon the sale or other conveyance or transfer of a single-family dwelling which has been issued a permit for an accessory dwelling unit, if the new owner wishes to maintain the special permit for the accessory dwelling unit use, such new owner must, within thirty (30) days of such transfer, submit a notarized letter to the Building Commissioner certifying that the new owner will occupy one of the dwelling units as the new owner’s primary residence and comply with the other conditions of the accessory dwelling unit use.

 

  1. Neither the principal dwelling nor the accessory dwelling unit may be sold or otherwise conveyed or transferred separately from the other.

 

  1. The accessory dwelling unit or the principal dwelling, whichever is not owner-occupied, shall have a minimum occupancy or rental term of 30 consecutive days.

 

or act on anything related thereto?

(Inserted at the request of the Planning Board)

 

 

ARTICLE BBB

MINIMUM OCCUPANCY TERM FOR RESIDENTIAL USES

 

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

 

Item 1      By replacing Section III-A, 1. under the Schedule of Uses in its entirety as follows:

 

  1. Residential, subject to Special Condition 4 of Section III-B

 

Item 2      By replacing the parenthetical in Section 4.22 under Section III-A with “(Subject to Special Condition 4 and Special Condition 7 of Section III-B)”

 

Item 3      By replacing Special Condition 4. under Section III-B in its entirety as follows:

 

4.         No dwelling unit shall be leased or rented for a period of less than 30 consecutive days. 

 

or act on anything related thereto?

(Inserted at the request of the Planning Board)

 

 

ARTICLE CCC

STORAGE OF UNREGISTERED VEHICLES

 

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

 

By amending Section III-A Schedule of Uses to include the following new subsets under section 1.8:

 

“1.8.10     Outdoor storage of not more than one unregistered vehicle”, to be permitted in all zoning districts; and

 

“1.8.11   Outdoor storage of two or more unregistered vehicles, provided, however    that such vehicles shall be screened from public view”, to be allowed by Special Permit A1 in all zoning districts.

 

And further will the town vote to amend the General By-laws of the Town of Hingham, adopted March 13, 1939, as heretofore amended, as follows:

 

By deleting Section 35 of Article 10 of said General By-laws and by amending Section 36 of Article 10 of said General By-laws to now become Section 35.

 

or act on anything related thereto?

(Inserted at the request of the Planning Board)

 

 

ARTICLE DDD

DOWNTOWN HINGHAM OVERLAY DISTRICT

 

Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, by replacing the second sentence under Section III-G,6.b.(ii) with the following:

 

“A permitted commercial use shall be those uses permitted under Section III-G,4. Above, but excluding parking areas, except as specifically provided in subsection 7.a. below;

 

or act on anything related thereto?

(Inserted at the request of the Planning Board)

 

 

ARTICLE EEE

HINGHAM HARBOR OVERLAY DISTRICT

 

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

 

Item 1    Amend Section III-H,5.c. to replace the first sentence with the following: “For all parcels within the Overlay District, the offsite parking provisions under Section V-A,2. are modified as follows:”

 

Item 2        Amend Section III-H,5. to insert the following new subsection e:

 

                    e.      Seawalls, embankments or other coastal defense structures are permitted uses

                             within the Overlay District, subject to the requirements of Section III-C.

 

                   and resequence the existing subsection e. to subsection f.

 

Item 4        Amend Section III-H,6. to insert a new subsection d. that reads: “Notwithstanding the                   foregoing provisions of this subsection 6, seawalls, embankments or other coastal                                    defense structures shall be exempt from the dimensional requirements of the Overlay                  District and Section VI-A, regardless of the underlying zoning district.

 

or act on anything related thereto?

(Inserted at the request of the Planning Board)

 

 

ARTICLE FFF

ELECTRIC VEHICLE CHARGING PARKING REQUIREMENTS

 

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

 

Item 1        Amend Section V-A by replacing in its entirety Note d. to the Off-Street Parking Requirements with the following:

 

  1.  No space reserved for any person, tenant, activity or purpose shall be included to satisfy the parking requirement with the following exceptions:

 

  1.     Spaces reserved for “visitor” or “customer” parking; and

 

  1. Spaces equipped with electric vehicle charging stations or infrastructure to       make spaces compatible with future electric vehicle charging.

 

Item 2        Amend Section V-A, 5. Design Standards by inserting a new subsection p. as follows:

 

              p.   Parking lots containing 20 or more parking spaces shall provide infrastructure to make                       a minimum of 25 percent of the spaces compatible with electric vehicle charging and                  a minimum of 10 percent shall be equipped with electric vehicle charging stations.

 

or act on anything related thereto?

(Inserted at the request of the Planning Board)

 

 

ARTICLE GGG

CITIZEN PETITION:  MINIMUM LOT AREA AND FRONTAGE REQUIREMENTS IN RESIDENCE DISTRICT A

 

Will the Town vote to amend the Zoning By-laws to provide that all buildable lots created in Residence District A after the adoption of the amendment shall contain a minimum of 30,000 square feet of area, a minimum of 150 feet of frontage, and have at least 60% contiguous upland area – i.e. non wetlands with slopes less than 25?

 

or act on anything related thereto?

(Inserted at the request of registered voters Priya Howell and others – Citizen Petition)