Wells Zoning Board closes hearing on deck that extends into reduced side setback; appeal likely to be denied

The Wells Zoning Board of Appeals on May 20 heard a variance appeal from property owner Mary Derico of 69 Bachelor Lane (tax assessor map 115, lot 89 A‑1) over a 5-by-7-foot deck that encroaches roughly 2 feet into the property’s reduced side setback of 11 feet 3 inches.

The board closed the public hearing after testimony from the owner’s representative, the town code officer and neighbors, and a presentation of permitting records and emails. The code officer said the deck was installed without a finalized permit and that the item in front of the board had been filed as a “mislocated building” appeal; he recommended the appeal be denied because the deck meets the municipal definition of a structure (a deck is defined in the code as a structure) rather than a building and therefore is not eligible for a mislocated-buildings remedy.

The applicant’s representative, Michael Gagan, said the homeowner believed a permit was not required because the contractor told them it was unnecessary; Gagan said the deck was placed in good faith and that removing two…