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Wells ZBA denies homeowner's mislocated-building appeal over deck that extends into side setback
Summary
On Aug. 11, 2025, the Wells Zoning Board of Appeals denied Mary D'Rico's appeal seeking relief for a 5-by-7-foot deck that extends into a reduced side setback at 69 Bachelor Lane, voting 4-1 after divided debate over whether a deck qualifies as a "building" under the town's land-use code.
On Aug. 11, 2025, the Wells Zoning Board of Appeals denied a mislocated-building appeal by property owner Mary D'Rico concerning a 5-foot-by-7-foot deck at 69 Bachelor Lane that the board found extends approximately 2 feet 3 inches into the reduced side setback, voting 4-1.
The ZBA's findings of fact say the lot is a nonconforming parcel from a 1955 plan (Buena Vista Park, Lot 18) with dimensions recorded as roughly 50 by 101.5 feet. Under the town's land-use ordinance for the Residential A (RA) district, a legal nonconforming lot can receive a 25% reduction in side setbacks; the board recorded the reduced side setback as 11 feet 3 inches. The board's draft states the constructed deck protrudes into that reduced setback by approximately 2 feet 3 inches. The deck was built in February 2023 after a manufactured home was placed on the property in 2022; a permit was applied for by the contractor identified as Northwoods…
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