Board upholds 58 Wilmot building permit, requires third-floor setbacks

The Board of Appeals voted unanimously on June 30 to uphold a building permit for a three-story single-family residence at 58 Wilmot Street, imposing two conditions intended to reduce the project—s massing and potential shadow impacts on an adjacent property.

The board first considered whether to accept a late submittal (a shadow study and cover letter) from the permit holder; commissioners declined to accept just those late items into the record. After proceeding on the merits, permit-holder counsel Daniel Stern and architect Andy Lerner described changes made after prior hearings to address board concerns: removal of roughly 100 square feet from the top floor, pulling the third-floor side setback back about 3 feet and setting back one corner by about 5 feet to increase open space and reduce perceived mass. "We've removed 100 square feet off of the Top Floor..." Stern told the board.

Neighbors and the appellant, Mr. Filippo, argued the project remained too large and urged further changes and formal guarantees of any settlement terms. Planning staff told the board the revised plans reduced the envelope and would not require new notification. After discussion, the board—s motion to uphold the permit with the two setbacks, dated and referenced to plans of June 30, carried 5-0.

Next steps: the board directed that the referenced plans be attached to the decision and noted DPW/DBI procedures for special conditions to effectuate set-back requirements.

Outcome: permit upheld with conditions (3-foot side setback adjacent to Ms. Elliott—s property and 5-foot setback at the northeast corner of the third floor).