Wells ZBA grants mislocated-building appeals for three Point East 2 structures

The Wells Zoning Board of Appeals voted March 10 to grant mislocated-building appeals for three structures at Point East 2 Condominium, 1801 Post Road, after concluding the buildings were constructed before several setback and cemetery-buffer rules were adopted and that there was no evidence of willful or grossly negligent action.

The board (Chairman Wilbert Gosby presiding) approved separate appeals for the lodging office, the three‑unit dwelling building and “Motel Building 1.” Each motion passed on a 5–0 voice vote with the board recording five members in favor. The board agreed each building should be addressed separately for the final votes and that, if granted, the buildings would be legally nonconforming (a grandfathered status).

The board’s findings of fact say the buildings were built between 1981 and 1986 and have not expanded in footprint since their original construction. The Planning Board granted retroactive approval for a set of property modifications at a November 2024 meeting, with a condition requiring the Zoning Board of Appeals to grant any mislocated-building appeals by April 1, 2025. Director of Code Enforcement Jodine Adams told the board the survey submitted to the Planning Board in November 2024 does not match the original 1985 survey and that the earlier survey did not place permanent survey pits.

The board’s written findings list the measured encroachments that formed the basis of the mislocated-building appeals: the lodging office extends 10.7 feet into a 25‑foot multifamily-development lodging‑facility buffer and 0.7 feet into a 15‑foot side setback; the three‑unit dwelling extends 11.7 feet into the 25‑foot buffer and 1.7 feet into the 15‑foot side setback; and Motel Building 1 extends 11.2 feet into the 25‑foot buffer, 1.2 feet into the 15‑foot side setback and 1.4 feet into a 25‑foot cemetery buffer.

Board members noted the town’s zoning sideline setback has long been 15 feet, and that the 25‑foot landscape/cemetery buffer was not in the ordinance at the time the buildings were constructed; the record shows the cemetery standards and a 25‑foot setback were established by ordinance in 1987. The minutes record discussion about the accuracy of historical surveys and the fact that Code Enforcement practices in the 1980s did not include the same steps used today to verify setback compliance.

The applicant was represented at the February 3 planning‑board hearing by attorneys from Jensen Baird and by the property manager for Point East 2; the transcript records varying renderings of the applicant attorney’s name. No members of the public offered opposition at the ZBA public hearing, according to the record presented to the board.

Votes at a glance

- Lodging office — Motion to grant mislocated‑building appeal: approved 5–0. Building will be legally nonconforming if appeal is granted; encroachment recorded as 10.7 ft into 25‑ft buffer and 0.7 ft into 15‑ft side setback.

- Three‑unit dwelling building — Motion to grant mislocated‑building appeal: approved 5–0. Encroachment recorded as 11.7 ft into 25‑ft buffer and 1.7 ft into 15‑ft side setback.

- Motel Building 1 — Motion to grant mislocated‑building appeal: approved 5–0. Encroachment recorded as 11.2 ft into 25‑ft buffer, 1.2 ft into 15‑ft side setback and 1.4 ft into 25‑ft cemetery buffer.

The board instructed staff to prepare finalized findings of fact and conclusions; staff will circulate a formal document for signature. The board also noted an upcoming, and substantially larger, appeal scheduled for April 9 and that materials for that case will be distributed in a binder for board review in advance.

The board’s action does not itself change underlying ordinance language; the grants recognize the buildings’ status under current rules and record them as legally nonconforming structures of record.

Ending — The board adjourned after routine calendar and scheduling items; staff said the binder of materials for the April appeal would be available about two weeks before that hearing so members can review it.