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Board upholds Cap Street site permit as issued after narrow 3–2 procedural vote fails charter threshold
Summary
Appellant Elaine Whitney urged changes to the permit to avoid a second‑story deck at the property line; commissioners voted 3–2 to require a 3‑foot setback but the condition lacked the four‑vote charter threshold, so the permit stands as issued.
Elaine Whitney, who lives in a rear cottage at 378A Capp Street, appealed a DBI site permit to replace rear stairs and add decks at 372–374 Capp Street, contending a proposed second‑story deck would reach the property line, require firewall protection if within three feet, and substantially reduce her privacy. She said the small cottage serves as her primary residence and she feared the deck…
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