Wells ZBA allows existing dirt driveway within 75-foot shoreland setback to remain

The Wells Zoning Board of Appeals voted unanimously on Dec. 8, 2025, to grant an after-the-fact request allowing a dirt driveway extension behind Building B at 203 Post Road (Map 108 Lot 38) to remain within the 75-foot Shoreland Overlay District setback.

Unidentified Speaker 1, a board member overseeing the deliberation, read the board’s findings of fact, noting that the driveway extension was added around 2007 prior to the current owner’s purchase of the property. The findings state the property was purchased by Nayan Patel on Dec. 23, 2021, and that a site plan prepared by engineering consultants was approved by the Town of Wells planning board in August 2025.

The planning-board site-note referenced in the findings required the property owner to file an application with the ZBA prior to Sept. 30, 2025, regarding the driveway. The findings also record that the ZBA application was received by the code enforcement office on Sept. 15, 2025, and that, if the board determined the driveway was not permitted, the driveway would need to be removed and the area revegetated by June 30, 2026.

The board considered two core concerns: public-safety access for emergency vehicles and potential environmental harm from removing an already established dirt roadway. "Removal of the already established roadway would be more harmful to the environment than maintaining the roadway as is," Unidentified Speaker 1 said during deliberations. Board members also discussed that preserving the existing roadway while prohibiting upgrades would better balance safety and environmental protection.

As amended, the board’s conclusions state the current owner was not responsible for creating the roadway; the roadway may remain as-is with no upgrades such as widening or paving; maintenance and repair are permitted; and the driveway should remain a secondary driveway.

Unidentified Speaker 2 moved to approve the findings of fact, conclusions and decision as amended; the motion was seconded and the board voted in favor. The board then voted to "grant the request to allow the portion of the existing roadway behind Building B, which is within the 75-foot setback required by the Shoreland Overlay District, to remain as is with no upgrade," as recorded in the decision language.

The board cited Town of Wells land use ordinance sections in its authority to rule on the request (transcript citations include references transcribed as "1 45 33 b 4," "1 45 67 a," "1 45 32 e 2," and "1 45 33 f 1"). The decision’s practical effect is limited: it permits the existing dirt driveway to remain and be maintained but does not permit paving, widening, or other upgrades.

The meeting also approved prior minutes (including Oct. 27 and Sept. 10 entries) and then adjourned.

The owner named in the record is Nayan Patel. The board’s filing and deadline language in the site-plan note and the specified revegetation date remain part of the official findings and conditions.