Ocean Road South Elevation and Sunroom Expansion Gains ZBA Approval Under Four-Member Quorum

Key Points

  • Unanimous approval for the elevation of 23 Ocean Road South on FEMA-compliant piles
  • Conversion of a front deck into a new 110-square-foot enclosed sunroom
  • Board proceeded with a four-member quorum despite the requirement for a unanimous vote
  • Neighboring residents submitted written testimony supporting the flood-mitigation project
  • Project found compliant with lot coverage regulations at 870 square feet
  • Approval made conditional upon a future decision by the Conservation Commission

The Duxbury Zoning Board of Appeals convened on January 22nd to deliberate on a single-item agenda concerning the property at 23 Ocean Road South. Chair Wayne Dennison opened the proceedings by highlighting a procedural challenge: with only four of the five board members present, the applicants, William and Sarah Dalrymple, would require a unanimous vote for approval. "The Board of Appeals will hold a public hearing in the mural room and via Zoom to consider the application of William and Sarah Dalrymple," Dennison announced, offering the couple the option to continue the hearing to a later date when a full board could be present. After a brief discussion regarding the risks, the applicants elected to move forward with the hearing.

Karly Tobias of Rockwood Design presented the proposal, which centers on elevating the pre-existing non-conforming dwelling to install a FEMA-compliant pile foundation. The project also entails removing an existing front deck to construct a 10-by-11-foot enclosed sunroom in the same general footprint and rebuilding a rear deck to improve circulation and code compliance. "We are proposing to lift the house to FEMA regulations and the AO3 regulation," Tobias explained, adding that the stairs would be relocated for better flow. The board reviewed several pieces of correspondence, including letters of support from neighbors on Lewis Court and Ocean Road South, who cited the increased frequency of flooding and the presence of the new seawall as reasons for the necessity of the elevation.

During the board’s deliberation, Philip Thorn provided a formal disclosure regarding his past history with the homeowners. "I've done work for these folks 15 to 20 years ago. So I know them, but I'm not involved in this project," Thorn stated, noting he felt he could vote without prejudice. The conversation turned to the project's scale, which board members found refreshing compared to other recent applications. Freeman Boynton Jr. expressed his support for the modest design, stating, "I think it's pretty straightforward compared to some of the monsters we've seen with three and a half stories." The Building Commissioner confirmed that he had reviewed the coverage calculations and found the project well within the allowable 985-square-foot limit.

Vice Chair Judith Barrett remained diligent throughout the brief hearing, ensuring all technical requirements were met before the board moved to a vote. "I'm fine with it. I just I'm trying to be careful and make sure everybody's okay," Barrett noted as the board conducted a straw poll. Finding no objections from the members or the public, the board concluded that the application was complete and the proposed improvements were appropriate for the Residential Compatibility District. The hearing was closed shortly thereafter, followed by a unanimous vote to grant the special permit with a condition regarding environmental oversight.

Motion Made by Wayne Dennison to close the public hearing Vote Passed 4-0

Motion Made by Freeman Boynton Jr. to grant the special permit as presented subject to an order of conditions from the conservation commission Vote Passed 4-0