Chapter 362. AN ACT PROTECTING CERTAIN PUBLIC COMMONS.
Be it enacted, etc., as follows:
SECTION 1. As used in this act the following words shall have the following meanings:
"Article 38", Article 38 of the Boston Zoning Code as it existed on May first, nineteen hundred and ninety.
"Article 40", Article 40 of the Boston Zoning Code as it existed on September eleventh, nineteen hundred and eighty-nine.
"New shadow", the casting of a shadow at any time on an area which is not cast in shadow at such time by a structure which exists or for which a building permit has been granted on the date upon which application is made to a permit-granting authority for a proposed structure and which would not be cast in shadow by a structure conforming to as-of-right height limits allowed by the Boston or Lynn Zoning Code, whichever is applicable, as in force on May first, nineteen hundred and ninety. New shadow shall not include a de minimis shadow cast by an antenna, fence, flagpole, sign or other similar structure.
"Permit granting authority", any zoning board of appeals, planning board, zoning commission, redevelopment authority or other public body authorized to grant permits or approvals pursuant to chapter forty A, chapter one hundred and twenty-one A or chapter one hundred and twenty-one B of the General Laws, or chapter six hundred and sixty-five of the acts of nineteen hundred and fifty-six, as
amended. Permit granting authority shall not include the Inspectional Services Department in the city of Boston or the Building Department in the city of Lynn, or any body or department succeeding to the duties thereof.
"Structure", a structure, as defined in the Massachusetts state building code, which is: (i) intended to be permanent; and (ii) not located within the boundaries of the Boston Common or the Lynn Common.
SECTION 2. Notwithstanding any provision of chapter forty A, chapter one hundred and twenty-one A, or chapter one hundred and twenty-one B of the General Laws, or chapter six hundred and sixty-five of the acts of nineteen hundred and fifty-six, or any other general or special law to the contrary, no permit granting authority shall take any action which would authorize the construction of any structure which would cast a new shadow on the Boston Common in the city of Boston or the Lynn Common in the city or Lynn; provided, however, that the provisions of this section shall not apply to actions authorizing:
(a) Any structure which casts a new shadow upon the aforementioned commons only during the first hour after sunrise or before seven o'clock in the morning, whichever is later, or the last hour before sunset.
(b) Any structure in the city of Boston included in a development plan or a master plan within a planned development area, all as approved on or before May first, nineteen hundred and ninety, by the city of Boston Zoning Commission in accordance with chapter six hundred and sixty-five of the act of nineteen hundred and fifty-six, as such development plan or master plan may thereafter be amended; provided, however, that such amendment shall not permit construction of a structure which casts additional new shadow on any area of the Boston Common, subject to the one acre exclusion set forth in the second sentence of subsection (c); or
(c) Any structure within the Midtown Cultural District established by Article 38 which casts no new shadow for more than two hours from eight o'clock in the morning through two-thirty in the afternoon on any day from March twenty-first to October twenty-first, inclusive, in any calendar year, on any area of the Boston Common. Notwithstanding the foregoing, authorization may be granted by a permit-granting authority for a structure which casts a new shadow on the Boston Common beyond the aforementioned two hour period if the area shaded at the end of such two hour period does not exceed one acre, such area to be calculated as the sum of the areas of new shadow cast at any time beyond the two-hour limit by all structures in the Midtown Cultural District, approved by the city of Boston Board of Appeal after March twentieth, nineteen hundred and eighty-nine, whether or not exempt pursuant to subsection (b).
Any structure within the South Station EconomicDevelopment Area established by Article 40 east of Atlantic avenue and north of Beach street which casts a new shadow upon the Boston Common only during the first hour after sunrise or before
eight o'clock in the morning, whichever is later, or during the last hour before sunset.
Approved December 21, 1990.
