York Town News
Appeals Board denies condo conversion for beach cottages
By Melissa Wood
YORK - Is a seasonal cottage rented out to different people throughout the summer considered a dwelling unit?
It is, according to the Appeals Board, and must meet the same lot coverage requirements as other dwelling units.
On Wednesday, May 9, the board voted unanimously to deny an administrative appeal made by Ed Shiembob to change the type of ownership of five units at One Long Beach Avenue from transient rental property with a single owner to condominium-style ownership, where each unit could be deeded and sold separately.
Code Enforcement Office Tim DeCoteau said his office would have permitted the ownership change with a provision added to the condominium documents preventing the units from being rented out for more than 31 days at time.
DeCoteau said that provision is necessary so that the use of the units would not be changed when the type of ownership changed. Without the 31-days-or-less provision, the units would no longer be seasonal, transient rental cottages, but become condominium dwelling units.
The zoning ordinance requires condominium dwelling units to have a lot density of 12,000 square feet per unit. Shiembob's property contains five units on approximately 13,500 square feet.
"The lot is approximately 13,000 square feet. For five dwelling units they'd need five times 12,000, or 60,000, square feet," said DeCoteau, adding that without the required square footage they could not permit the conversion to condominium dwelling units. "When I look at this, it's pretty cut and dry, pretty black and white."
Shiembob's attorney, Bruce Read, argued that the ordinance provision did not apply to the units because they were transient housing and therefore not dwelling units as defined under the ordinance.
Read said that although Shiembob had torn down the original "ramshackle cottages" that were on the property and built "full-blown homes" that included granite countertops and basements, he was not interested in making them into year-round homes.
"We're not looking to make these into year-round dwellings where people will start coming, living, voting, putting kids into the school," said Read.
But DeCoteau pointed out that the definition for transient housing specifies hotels, motels, inns or other lodging facilities, and does not include seasonal cottages.
"Those are all usually renting just a room," said DeCoteau, and added that a dwelling unit is defined as a group of individuals living together as a housekeeping unit.
Read also argued that there is no restriction on how long the units can be rented out now. However, Shiembob admitted that the units are not rented out for more than 31 days, and are typically rented out for a week or two at a time.
"What we're hoping to do here is just not have to rent them to people on a weekly basis," said Shiembob, who said that if the condominium conversion was approved he did not plan to sell the units right away but wanted the option for someone who might be interested in purchasing the unit and living in it during the summer.
Attorney Greg Orso, representing abutter Phil Trombly, said his client was concerned about the progression of the project from seasonal rental cottages to year-round homes.
"These are built as year-round homes, essentially," said Orso. "It's very difficult to enforce seasonal use of these properties, particularly when they are on year-round water and sewer."
Appeals Board member Gene Sullivan, who made the motion to deny the appeal, said he agreed with DeCoteau that the request was essentially a change in the way the property would be used.
"I can't get by the fact that this is a change of use," said Sullivan. "I think this is something quite different from a transient rental accommodation."
In other business, the board voted 3-2 to grant a seasonal conversion request for property at 8 Norton Avenue in York Beach owned by Heather Zaner that does not meet front, rear, side and rear setback or lot coverage requirements.
The board typically grants seasonal conversion requests as the ordinance requires that the conversion not have adverse impact on the neighborhood. DeCoteau said the Planning Board is working on new language for seasonal conversions for the November town meeting so that the language is less ambiguous.
"A lot of these won't get by the new ordinance," said board member Leon Moulton, who typically votes against seasonal conversion requests. "The problem really is that the ordinance is extremely clear, and it says no."
Despite voting against the request, he did say that it would be inconsistent if the board didn't vote to grant the special exception.
