Wells Zoning Board grants mislocated-building appeal for Majestic Regency community hall

The Wells Zoning Board of Appeals on May 12 granted a mislocated-building appeal for a community hall at Majestic Regency Resort, 102 Post Road, after finding the current owner did not willfully build within the required setback.

The board voted to grant the appeal for the 28-by-44-foot structure (1,232 square feet) after a public hearing in which Sam Patel, owner of Majestic Regency Resort, was represented by his son, Aaron Patel. Aaron told the board the family had purchased the property with the building in its current location and did not construct or move the structure: "We didn't build the building. We didn't move the building certainly by any means. We just bought the property and the building was is as is in terms of location as to what is next." The building is shown on a recent survey as approximately 10 feet from the abutting lot line; the Wells Land Use Ordinance requires a 15-foot setback in the GB district.

The town's code officer, Travis, told the board that if a structure did not meet the setback requirements when it was constructed, it cannot be treated as automatically grandfathered under the ordinance: "If it if it doesn't meet it, it doesn't meet it. If the requirements were in place and it didn't meet it at the time, then it's it's never grandfathered in. It has to be legally conforming or legally nonconforming." The board cited that standard in its deliberations in concluding the structure would be legally nonconforming if the appeal were granted.

An abutter, Gabriel Clark, spoke during public comment, identifying himself as representing his mother, Janet Clark, and noting their property at 210 Old County Road is near the Majestic Regency boundary. Clark expressed concern about the setback and referenced recent work near a stone wall on the adjoining property.

Board members reviewed a survey by Sebago Techniques (project no. 240856, dated 02/07/2025) that documents the structure's placement. The record also notes a building permit and site plan from the late 1990s; witnesses referred to a permit from 1997. The board read draft findings of fact concluding "no willful or premeditated action or gross negligence was taken by the appellant to build within the setback." The board accepted those findings and then voted to grant the mislocated-building appeal for the structure at 102 Post Road.

After the vote the chair told the appellant the finalized documents would be prepared and available for notarization and recording; staff member Jodine said the documents would be ready the next day after 11 a.m. The board noted that notarization is required because the decision will be recorded at the registry of deeds.

Action summary: the board closed the public hearing, adopted findings of fact concluding there was no willful or grossly negligent action by the current owner, and granted the mislocated-building appeal. The decision makes the structure legally nonconforming; paperwork (findings and certificate) was to be notarized and recorded at the registry of deeds.