Advocacy Alert

Full Text of the Amendments

Floor Number: 133 Clerk Number: 173

DCR URBAN PARKS

Mr. Hart, Mr. Joyce, Mr. Morrissey, and Mr. Tolman move to amend the bill in section 2, in item 2820-0100, by striking out the figures "$18,833,715" and inserting in place thereof the following figure "$19,596,478."

Floor Number: 135 Clerk Number: 477

URBAN PARKS

Mr. Tisei and Mrs. Sprague move to amend the bill in item 2820-0100 by striking out the figures $18,833,715" and inserting in place thereof the figures "$19,596,478".

Floor Number: 130 Clerk Number: 668

DEPARTMENT OF CONSERVATION & RECREATION/
DIVISION OF STATE PARKS & RECREATION

Ms. Resor, Mr. Brewer, Ms. Creem, Mr. Creedon, Mr. Moore, Mr. Nuciforo, Ms. Tucker, Mr. Morissey, Mr. Barrios, Ms. Wilkerson, Mr. Hedlund, Mr. Joyce, Ms. Fargo, Mr. O'Leary, Ms. Walsh, Mr. Nuciforo move to amend the bill (S. 2004) in section 2, in line item 2810-0100, by striking out the figure, "17,699,682" and inserting in place thereof the figure:- "18,264,818".

Floor Number: 73 Clerk Number: 235

DEPARTMENT OF CONSERVATION AND RECREATION PARKWAYS II

Ms. Walsh, Resor, Creem, and Mr. Tisei move to amend the bill by striking out Section 262 and inserting, after Section 261, the following new Section: -
SECTION 262. Notwithstanding any general or special law to the contrary, the department of highways, and the department of conservation and recreation shall enter into an agreement concerning the construction, maintenance, repair, and operation of the roadways and boulevards under the control of the department of conservation and recreation; provided, however, that such roadways and boulevards shall remain under the control of the department of conservation and recreation, provided, that such construction, maintenance, repair, operation, and incidental matters shall be limited curb to curb and shall not extend into median strips, traffic islands, or adjacent parklands; provided further, that no project, other than normal maintenance or emergency repair necessary for the protection of public health and safety, may be undertaken without the approval of the commissioner of the department of conservation and recreation; and, provided further, the commissioner of the department of conservation and recreation shall have the authority to terminate said agreement at any time for failure to preserve and protect the scenic and historic integrity of such bridges, parkways, and boulevards. The executive office of transportation shall also examine and pursue appropriate actions for increasing federal aid for projects related to roadways and boulevards under the control of the department of conservation and recreation, in consultation with the department of conservation and recreation; provided further, that the costs of capital improvements of the bridges, parkways, boulevards, and related appurtenances and equipment shall be included in the executive office of transportation's share of the annual state general obligation bond spending cap. The secretary of the executive office of transportation and the director of the department of conservation and recreation shall report to the house and senate committees on ways and means, the joint committee on natural resources and the joint committee on transportation no later than March 1, 2005, which shall include a 5 year plan related to the maintenance, repair, and operation of the roadways and boulevards under the control of the department of conservation and recreation and shall detail measures undertaken to preserve and protect the scenic and historic integrity of such roadways and boulevards; provided further, that the executive office of transportation and the department of conservation and recreation shall prepare management plans for all bridges, parkways, and boulevards under the control of the department of conservation and recreation, subject to the approval of the Stewardship Council, pursuant to sections 2 and 2F of chapter 21 of the General Laws; provided further, that the department of conservation and recreation shall complete its application with the Massachusetts Historic Commission to place the former Metropolitan Park System on the National Register of Historic Places, pursuant to section 605 of chapter 26 of the acts of 2003.

Floor Number: 151 Clerk Number: 241

PROTECTION OF PARKWAYS AND BOULEVARDS

Ms. Walsh moves to amend the bill by inserting, after Section ____, the following new Section: -
"SECTION ____. Chapter 92 of the General Laws, as amended by chapter 26 of the Acts of 2003, is hereby amended by inserting after section 37 the following section: -
Section 37A. When used in this section, the following words shall, unless the context otherwise requires, have the following meaning:
"Commercial purpose," property used or held for use for business purposes including but not limited to any commercial, business, retail, trade, service recreational, agricultural, artistic, sporting, fraternal, governmental, educational, medical or religious enterprise, for non-profit purposes.
"Industrial purpose," property used or held for use for manufacturing, milling, converting, producing, processing or fabricating materials; the extraction or processing of materials unserviceable in their natural state to create commercial products or materials; the mechanical, chemical or electronic transformation of property into new products and any use that is incidental to or an integral part of such use, whether for profit or non-profit purposes; and property used or held for uses for the storage, transmitting and generating of utilities regulated by the department of telecommunications and energy.
"Sign," any structure, device, light, letter, word, model, banner, pennant, insignia, trade flag, or representation which is designed to be seen from outside a building and which advertises or announces a use conducted or goods, products, services or facilities available, but excluding electric signs in windows or doors, window displays of merchandise and signs incidental to the display of merchandise.
No land abutting a boulevard or parkway under the division's care and control shall be used for a commercial or industrial purpose unless the commissioner, in consultation with the director, and after public notice and hearing, has granted the applicant for such use a special permit. The commissioner shall grant such special permit only if he finds that all of the following conditions are met: (a) there will be no significant adverse effect on traffic and parking on such boulevards or parkways and adjacent streets; (b) landscaping treatment will be provided that ensures that the natural and aesthetic quality of the boulevard or parkway and the surrounding neighborhood will be maintained; and (c) the applicant will provide that the design of all structures is compatible with the surrounding neighborhood. The commissioner may grant the permit subject to such reasonable terms and conditions that are related to traffic and parking, landscaping, and design as provided above.
No sign shall be displayed or erected on land abutting a boulevard or parkway under the division's care and control unless the commissioner, in consultation with the director, and after public notice and hearing, has granted the applicant for such use a special permit. The commissioner shall grant such special permit only if he finds that the following conditions are met: (a) landscaping treatment will be provided that ensures that the natural and aesthetic quality of the boulevard or parkway and the surrounding neighborhood will be maintained; and (b) the applicant will provide that the design of all structures is compatible with the surrounding neighborhood. The commissioner may grant the permit subject to such reasonable terms and conditions that are related to landscaping and design as provided above."

Floor Number: 113 Clerk Number: 651

DCR ADMIN ACCOUNT

Ms. Resor, Mr. Brewer, Ms. Creem, Mr. Creedon , Mr. Moore, Mr. Barrios, Mr. Morrissey, Ms. Wilkerson, Mr. O'Leary, Mr. Joyce, Ms. Walsh move to amend the bill (Senate No. 2400) in section 2, in line item 2800-0100, by striking out the figures, "$3,773,905" and inserting in place thereof the figures:- "$5,023,416."

FLOOR NUMBER: 144 CLERK NUMBER: 724

LONG-TERM LEASING OF URBAN PARK RINKS IN NEWTON

Mr. Morrissey moves to amend the bill in Section 308 at the end of the first paragraph by inserting after the word "Arlington" the following words:- "Daly Memorial Rink, Newton"