Zoning Board of Appeals to consider after‑the‑fact approval for dirt driveway at 203 Post Road

The Zoning Board of Appeals opened a public hearing on an after‑the‑fact request from property owner Nayan Patel to approve an existing dirt driveway behind Building B at 203 Post Road that lies within the 75‑foot Shoreland Overlay District. The board did not issue a final decision and directed staff to draft findings of fact for a future meeting.

Nayan Patel, identified in the hearing notice as the owner of 203 Post Road, told the board he purchased the property in December 2021 and that an unpermitted dirt access road behind Building B appears in aerial imagery beginning around 2007. "During 2022 [site‑plan] review it was discovered that, behind Building B, there was a dirt road that was constructed sometime after 2007 from previous owner," Patel said. He said dumpsters previously serviced from that road have been moved and gates were installed at both ends so the path is closed to general use.

The chair read ordinance citations establishing the board's jurisdiction over roads and driveways in resource protection and shoreland overlay areas (numeric references read during the hearing). Staff confirmed the property is in the Shoreland Overlay District and said the planning board had conditioned an earlier approval on bringing the feature into compliance through this board.

Board members questioned Patel about the current use of the rear doors and the road. Patel said the lower‑level doors were not in regular use and that storage is kept at the front of the building; the rear road, he said, would be used only occasionally. He also reported the fire chief had urged retaining the access for emergency vehicle use.

During deliberations, several members said the existing unpaved surface is more permeable than paving and that removing or regrading the path could do more environmental harm than leaving it in place. One member suggested a condition prohibiting paving and another proposed limiting any work to routine maintenance after storm damage and prohibiting widening or other alterations.

The board closed the public hearing by motion and took an informal poll of members present; multiple members said they were inclined to grant approval subject to conditions but the board did not adopt a final, written decision. The chair asked staff to prepare draft findings of fact — using the board's 12/11/2023 Green and Company at Blacksmith Brook decision as an example — and to place the item on the agenda for the next meeting (staff said the next meeting will likely be Nov. 10, to be confirmed).

No final approval was recorded at the meeting. Two procedural motions were taken and passed: a motion to close the public hearing and a motion to adjourn. The substantive request for approval of the existing driveway will return for a formal vote after written findings are drafted and distributed.