Board denies rear‑yard variance at 2325 Ocean Avenue, citing uncovered plumbing and permit gaps

The Board of Appeals upheld the zoning administrator’s denial of a rear‑yard variance for 2325 Ocean Avenue, voting 5–0 after hearing Planning and DBI site‑inspection reports indicating unpermitted new plumbing and a new bathroom.

Tina Tam of the Planning Department said inspectors observed plumbing and electrical work inconsistent with the historic 1957 expansion and that the issues cited in the notice of violation — including plumbing and evidence of a new kitchen and bathroom — remain unresolved. "The pending violation related to the illegal plumbing work for the bathroom and kitchen is still valid," Tam told the board, and Planning recommended the variance be denied because the five findings required for a rear‑yard variance were not met.

The applicant argued that an historic floor existed and that recent work merely repaired and reused an old floor for storage rather than creating a new dwelling unit. Counsel said the landing and stairway provide emergency egress and that the basement area should be legalized for storage. DBI and Planning staff countered that the presence of newer plumbing and separate public access raised concerns the space might be used as an unauthorized dwelling.

After questioning and deliberation, the board voted to uphold the zoning administrator and deny the variance. Tam recommended that if the board were to legalize any floor area, it should be limited to storage with explicit prohibition of plumbing to avoid creating habitable space without permits.