War over proposed Beacon Hill roof deck spills into court; pits billionaire philanthropist against couple who moved from Cambridge

Barr Foundation founder Amos Hostetter Jr., who lives in the historic Harrison Gray Otis mansion on Mt. Vernon Street, today sued a couple relatively recently arrived from Cambridge over the roof deck they have proposed for their historic, if smaller, house out back on Pinckney Street.

In his suit, filed with the owners of a neighboring Pinckney Street house in Suffolk Superior Court, Hostetter also names the Beacon Hill Architectural Commission, which approved the proposed deck last month. The suit seeks to have the approval overturned, to bar Sarah Rilley and Per Ostman from having the deck built at their new home at 54 Pinckney St. - and to make them and the commission reimburse Hostetter's attorneys for their work on the case.

The commission approved the proposed deck on Aug. 15, concluding it would have "de minimis" impact on the historic area:

The deck will not be visible from any vantage point on Pinckney or Anderson Streets, will be only slightly visible along an approximate ten-foot stretch of Mount Vernon Street, and will be less visible from the latter vantage point than two similarly situated and previously approved decks located at 56 and 58 Pinckney Street, respectively. The only other Public Way from which the deck will be visible is Alley 303, a narrow (sidewalk width), dead-end, and minimally-trafficked walled passageway with limited apparent accessibility to the public. Consistent with prior decisions regarding the impact of views from this largely hidden vantage point, it was determined that visibility therefrom will not adversely impact the overall historic character of the block and thus does not preclude a finding of de minimis visibility overall.

Balderdash, Hostetter's lawsuit thunders:

Upon information and belief, the proposed roof deck would be visible from and would allow direct views into, the private back yards and other aspects of the Hostetter Property and the McNamara/Bordewick Property.

The proposed roof deck will cause each of the plaintiffs to suffer particularized harm that is special and different from the concerns of the community at large, including, without limitation:
a. Loss of privacy;
b. Increased noise;
c. Interference with views from their properties;
d. Damage to the historic character of the Beacon Hill district; and
e. Diminished property values as a result of the loss of privacy, increased noise, interference with views, and damage to the historic character of the district.

The complaint charges the architectural commission regulations specifically bar roof decks "that are visible from a public way" in the Beacon Hill historic district and state that "no alteration will be approved that is inappropriate to the historical character, architectural design, and materials of the building or its setting."

Hostetter filed his suit along with Martha McNamara and James Bordewick, Jr., who own 56 Pinckney St.

In its provisional decision, the commission noted that the proposed deck at 54 Pinckney would be similar in nature to the one 56 Pinckney St. the commission had earlier approved.

Hostetter and his wife Barbara bought the Second Harrison Gray Otis House, built by Charles Bulfinch between 1800 and 1802, for an estimated $12 million in 2003 . At the time, that made it the most expensive house in Boston. Today, the city assesses its worth at $18.2 million.

Reilly and Ostman paid $5.8 million for their new home on Pinckney Street in 2022 - just two months after the Globe had profiled them for their "funky Cambridge loft with a mirrored shower that’s like being in 'a Picasso' " in Cambridge.

Their home was built in the 1830s for Boston attorney George Hilliard, whose partner was Charles Sumner, who would eventually become a senator. Nathaniel Hawthorne lived in the house as Hilliard's guest for 18 months while he worked at the Boston Custom House.