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Boston looking to skirt ordinance against casting shadow across Common

BOSTON — The City of Boston is looking at ways to get around state laws that would block the construction of a new high rise in the financial district.

The building would cast a shadow on the Boston Common and Public Garden, which is against the law.

The debate over the project has been going on for more than a year and the city thinks it has a good compromise in its new petition. But those fighting to keep the sunshine on the common at all times say it doesn't go far enough.

“It's such a gift and we have it tomorrow too, I think,” said Rachel Ringenberg as she enjoyed Monday’s weather on the Common.

But if a city petition to allow the construction of the 775-foot tower casting a shadow across Boston’s green space passes, there may not be many places left to sun bathe.

The tower would replace the old Winthrop Square garage and feature mixed use retail and housing.

“At its greatest extent, that shadow is cast from Winthrop Square almost a mile across the common, the garden and down the first block of Commonwealth Avenue Mall,” Liz Vizza, with the Friends of the Public Garden, said.

The state law making that illegal has been on the books for 26 years.

She says passing this new legislation could set a dangerous precedent and lead to even larger skyscrapers.

“If this building goes through in a place that's currently illegal, what kind of balance do we need to strike?” said Vizza.

“This legislation only cites one parcel; one specific parcel,” Boston’s director of planning and development Brian Golden countered.

The money from the sale of the Winthrop garage to the tune of more than $150 million would go toward much-needed city projects.

Below is a timelapse showing the projections for where the shadow would be cast

Golden says there's already a certain amount of legal shadow allowed on the Common and Garden, and the tower's shadow wouldn't be an issue.

“What we think we've accomplished is a piece of legislation that will eliminate certain types of shadow going forward in exchange for permitting a certain type of shadow,” Golden said.

Lingenberg can't help but disagree, especially on a day like today.

“You do have to wonder if this person made that compromise, and the other corner of the park has the compromise and suddenly there's this feeling of wreathed in shadows,” she said.