We are writing to commend the Scarborough Town Council for its consideration of an ordinance amendment to manage the conversion of motels to condominiums. These places of lodging, many along the shore, are “grandfathered” because they are businesses generally located in residential zones which operated prior to zoning.

It is a reality of the times these older lodging places may no longer be financially viable for their owners because large hotel chains are moving here. Nevertheless, their land is valuable even if their businesses are not as marketable. What are their options? Converting to condominiums is one.

Condominiums are dwellings, not motel rooms. There is no question that dwellings conform better to residential neighborhoods than do motels. However, the town must be cautious. We know from our coastal neighbors these “condotels” have brought enormous problems when not appropriately managed by municipalities. The Scarborough town manager and town attorney crafted this ordinance to make sure these conversions will be managed properly and neighbors have a voice in the process.

The ordinance may appear confusing and technical, but it simply requires non-conforming motels to go before the zoning board for approval because condos are a “change of use.” It also requires the planning board to review the proposed site plan for the new “dwellings.” Finally, motel owners who want to continue to run their motels but sell individual units may do so, but they must meet reasonable requirements. These important requirements ensure owners choose to either convert to condos or remain as motels as they have always operated. If motels were allowed to sell off their rooms as dwellings without review, we would have classic “condotels” in Scarborough with no central management, controls or oversight by the town.

This is fair ordinance amendment. Many of our citizens have had to appear before the zoning board for permission to add a shed or a garage or bathroom. Many of these “appeals” are approved, some are approved with conditions, and some are denied. Each homeowner’s situation is different. And so it is with these businesses. As a community we must make sure that a fair and open process is in place which protects the property rights of the owners while also protecting the neighborhoods conversions might impact.

We must keep in mind these motels will essentially become multiplexes if they convert. Multiplexes have strict standards today, not the least of which is that they must have a minimum of 5 acres of land for eight dwelling units in a residential area. There are very good reasons for this. It is likely many motels would be allowed to convert if their proposals were reasonable and did not have a negative impact on the neighborhood. Indeed, the Sun & Sand Motel in Pine Point just received approval. But motel owners should consider how many condo units they propose. They may have 10 motel rooms, for example, but given their situation may only be able to support four or five condominiums.

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Owners of the Lighthouse Motel at Pine Point proposed to convert their 22 room motel to five condos in 2005. They applied to the zoning board, and neighbors were invited to give input and ultimately supported this plan. It was very reasonable. The owners subsequently withdrew the proposal, and now want to convert the same building to 22 condos. That would be 22 single- family dwellings on one-third acre of land. This example is why we need an ordinance amendment. In fact, it is this very project that brought the issue to the town’s attention. The owners asked the town last winter if they needed approval to convert and were told zoning board approval was required. They disagreed, did not apply to the zoning board, but filed their condo declarations and bylaws at the Registry of Deeds, regardless of the town’s position. No units have been sold because the town intervened.

One of the most important items in the ordinance amendment is the retroactive provision. If adopted, the Lighthouse Inn will be required to do what it and others have previously done – go before the zoning board for a fair and public process. If this amendment is not enacted, others may take this same inappropriate path to conversion.

This ordinance amendment will provide the town and its citizens necessary legal strength to guarantee each proposal is treated fairly and equally. We respectfully ask the members of the town council to adopt this ordinance amendment on Sept. 5 or table it and refer it back to your ordinance committee for further study and revision. Councilor Sylvia Most allowed generous public comment when this was first presented to the ordinance committee last March, and, if necessary, we encourage that process again. The amendment is a critical issue for the entire Scarborough community.

Dianne McLellan

Pine Point, Scarborough

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Doris Norton, Dorothy Demaio, Dick Mushial, Bill Shirk, Mike Siminski, Jack Callahan, Joe Lothrop, Margaret Small, Sally Howes, Harold Hutchinson, Judy Shirk, Linda Welch, Charlotte Guest, Judy Mushial, Viola Lothrop, Cindy Wood, Brian Rule,

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