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Dorset ZBA approves 22-foot rear-yard setback variance for 40 Nims Rd., sets signed site-plan conditions
Summary
The Dorset Zoning Board of Adjustment approved a 22-foot rear-yard setback variance for 40 Nims Rd. on Dec. 16, 2024, conditioned on a signed site plan showing landscaping, fencing and walkways to be submitted within 45 days; the zoning permit will be issued after that plan and the appeal period has passed.
The Dorset Zoning Board of Adjustment on Dec. 16 approved a 22-foot rear-yard setback variance for property at 40 Nims Rd., finding the application met criteria 1, 2, 3, 6, 7 and 8 in Table 4-03 of the town bylaw. Chad Smith moved to approve the variance and Martha Merwin seconded; the motion carried 6-0-0. The board recorded that the applicants had started work and were told to stop until a permit is issued.
The approval includes several conditions: the property owners must submit a site plan signed by the owners and by Roger and Gay Squire (the neighboring property owners) showing landscaping, fencing and walkways within 45 days; the zoning permit will be issued by Zoning Administrator Tyler Yandow after the signed site plan is received; and no work may recommence until the permit is issued and the statutory appeal period has expired. The board also requested a cut sheet for the proposed fence and noted there will be no new exterior lighting associated with the project. Chair Kevin O'Toole explained the patio location is limited by a septic leach field and that no development may be located closer than 50 feet to the stream south of the house.
