[1899, c. 222, sect. 1.]

Chapter 452, Acts of 1898. An Act Relative to the Height of Buildings on and near Copley Square, in the City of Boston

Height Limit, Ninety Feet

Be it enacted, etc., as follows:

Section 1. Any building now being built, or hereafter to be built, rebuilt or altered in the city of Boston, upon any land abutting on St. James avenue, between Clarendon street and Dartmouth street, or upon land at the corner of Dartmouth street and Huntington avenue, now occupied by the Pierce building, so called, or upon land abutting on Dartmouth street, now occupied by the Boston Public Library building, or upon land at the corner of Dartmouth street and Boylston street, now occupied by the new Old South Church building, may be completed, built, rebuilt or altered to the height of ninety feet, and no more; and upon any land or lands abutting on Boylston street, between Dartmouth street and Clarendon street, may be completed, built, rebuilt or altered to the height of one hundred feet and no more: provided, however, that there may be erected on any such building, above the limits hereinbefore prescribed, such steeples, towers, domes, sculptured ornaments and chimneys as the board of park commissioners of said city may approve

Sect. 2. The provisions of chapter three hundred and thirteen of the acts of the year eighteen hundred and ninety-six, and of chapter three hundred and seventy-nine of the acts of the year eighteen hundred and ninety-seven, so far as they limit the height of buildings, shall not be construed to apply to the territory specified and restricted in section one of this act.

Sect. 3. The owner of or any person having an interest in any building upon any land described in section one of this act the construction whereof Was begun but not completed before the fourteenth day of January in the current year, who suffers damage under the provisions of this act by reason or in consequence of having planned and begun such construction, or made contracts therefor, for a height exceeding that limited by section one of this act for the locality where such construction has been begun, may recover damages from the city of Boston for material bought or actually contracted for, and the use of which is prevented by the provisions of this act, for the excess of cost of material bought or actually contracted for over that which would be necessary for such building if, not exceeding in height the limit prescribed for that locality by section one of this act, less the value of such materials as are not required on account of the ' limitations resulting from the provisions of this act, and the actual cost or expense of any rearrangement of the design or construction of such building made necessary by this act, by proceedings begun within two years of the passage of this act, and in the manner prescribed by law for obtaining payment for damages sustained by any person whose land is taken in the laying out of a highway in said city.

Sect. 4. Any person sustaining damage or loss in his property by reason of the limit of the height of buildings provided for in this act, may recover such damage or loss from the city of Boston, by proceedings begun within three years of the passage of this act, and in the manner prescribed by law for obtaining payment for damages sustained by any person whose land is taken in the laying out of a highway in said city.

Sect. 5. This act shall take effect upon its passage.

[Approved May 23, 1898.]

Chapter 457, Acts of 1899. An Act to Limit the Height of Buildings in the Vicinity of the State House

Height Limit, Seventy Feet

Be it enacted, etc., as follows:

Section 1. Any building now being built or hereafter to be built, rebuilt or altered in that part of the city of Boston which lies within the following described territory, to wit: - Beginning at the corner of Beacon street and Hancock avenue, thence continuing westerly on Beacon street to Joy street, thence continuing northerly on Joy street to Myrtle street, thence continuing easterly on Myrtle street to Hancock street, thence continuing southerly on Hancock street and Hancock avenue to the point of beginning, - may be completed, built, rebuilt or altered to the height of seventy feet measured on its principal front and no higher, and any part of a building on or within ninety-five feet of Beacon street, between the Claflin Building, so-called, and Park street, may be completed, built, rebuilt or altered to the height of seventy feet above the highest grade of said part of Beacon street, and no higher: provided, however, that there may be erected on any such building such chimneys, pipes, water tanks and elevator houses as the Governor and Council may approve.

[1901, c. 525, sect. 4.]

Sect. 2. If and in so far as this act, or proceedings to enforce it, may deprive any person of rights existing under the Constitution, any such person now owning land within the district above described, sustaining damages in his property by reason of the limitations of the height provided for in this act of any building on or to be placed on such land may recover from the Commonwealth such damages as determined by a jury of the superior court for the county of Suffolk, on his petition therefor filed in the office of the clerk of said court within one year after the passage of this act, such determination and payment of the damages to be made under the same rules of law, so far as applicable, as govern the determination and payment of damages for the taking of lands for highways in said city.

Sect. 3. This act shall take effect upon its passage.

[Approved June 2, 1899.]

Chapter 543, Acts of 1902. An Act Relative to the Improvement of the State House and to the Height of Buildings on Beacon Street and Bowdoin Street in the City of Boston

Height Limit, One Hundred Feet, and Seventy Feet

Section 1. Any part of any building abutting on or within forty-two feet of Bowdoin street between Allston street and Beacon street may be completed, built, rebuilt or altered to the height of one hundred feet above the highest grade of that part of said Bowdoin street on which the building abuts as such grade has been changed and established by the governor and council and no higher, and any part of any building on or within ninety-five feet of Beacon street between the Claflin building, so-called, and Park street may be completed, built, rebuilt, or altered to the height of seventy feet above the highest grade of said Beacon street and no higher: provided, however, that there may be erected on any such building, such chimneys, pipes, water tanks, elevator houses and ornamental features which shall not increase the interior capacity of said building as the governor and council may approve.