Wells ZBA denies homeowner's mislocated-building appeal over deck that extends into side setback

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 Property Services but, according to the meeting record, no permit was issued.

Board members debated whether the appeal could be considered under the town's mislocated-building provision (Wells Land Use Ordinance 145-67(a)(5)). One member argued the ordinance language refers specifically to "buildings" and that the town's definitions (Land Use Ordinance 145-10) distinguish between "building," "structure" and "deck," with a deck defined as a structure that lacks a roof supported by walls or columns. That member said the deck therefore does not meet the ordinance's definition of a building and that 145-67(a)(5) could not be applied. Other board members acknowledged the deck is within the setback and raised practical concerns about attachment and timing (the deck was added after the manufactured home was placed). The record shows the board did not reach unanimous agreement on whether the ordinance's intent covered decks; the minutes note disagreement among members on that legal interpretation.

Despite the division over definitions, the ZBA's conclusions listed: the lot qualifies as a legal nonconforming lot; the deck is partially within the required setback; the deck has no roof and thus does not meet the ordinance's definition of a building; and, as written in the board's conclusions, 145-67(a)(5) applies only to buildings and therefore could not be applied in the appellant's favor. The board then voted to deny the mislocated-building appeal. The motion to deny passed with four members in favor and one opposed. The record shows a motion and a second were made but does not identify the mover or seconder by name in the transcript.

The board noted that enforcement options and potential fines are not within the ZBA's authority and suggested the appellant could seek other remedies, such as petitioning the Board of Selectmen if the town chose to grant any administrative relief; the board and staff indicated they do not control code enforcement or decisions about civil penalties. Members also discussed that rezoning or other town-level changes would be beyond the ZBA's authority.

At the end of the meeting the board recorded several administrative items: an unrelated appeal involving property at Moody Beach (listed by applicant Elizabeth Graves) has been withdrawn and a brief meeting to accept that withdrawal is scheduled for Sept. 10, 2025; staff confirmed that approved meeting packets and findings are being posted online with agendas; and several members discussed the process and legal assistance for drafting findings of fact in contested cases.

The decision denies the specific mislocated-building appeal for the existing deck at 69 Bachelor Lane; the findings of fact and conclusions were adopted and will be included in the board's packet for the record.