By Amanda Estes
Staff Writer
    The unexpected degree of public input regarding the proposed amendments to the zoning ordinances for a change of ownership of guest rooms in hotels or motels located in residential zones led the Scarborough Town Council to divert the issue to the ordinance committee rather than move forward with the second reading.
     On Wednesday, the Ordinance Committee met to review the amendments with advice from Town Manager Ron Owens, Code Enforcement Officer Dave Grysk, Assistant Town Planner Dan Bacon, and Town Attorney Chris Vaniotis. Although it was a closed meeting, the hour allotted for the meeting was insufficient for the committee to have all of their questions answered.
      Bacon said the town is experiencing a “condo-izing” trend. Several hotel and motel owners have expressed interest in converting guest rooms to units for individual ownership. Although there may be instances in which a change of ownership does not result in a change of use, such as a timeshare or the presence of legal documents stating the use will not change, the town currently has no way to regulate the process other than the zoning board of appeals.
      “We recognize this could have a big impact on surrounding properties,” Owens said. “Once you own something, you always want to do something to improve it.” The town, he said, is not trying to pass judgement on establishments, but rather the process should be considered by a “legislative body.”
      Currently, individuals seeking to alter the use of a non-conforming establishment must obtain approval from the zoning board. The amendments allow owners of non-conforming hotels and motels to avoid the appeals process if they follow restricted use guidelines.
      According to the proposed changes, a transfer of ownership would not be considered a change of use under the following conditions: All rooms must be available to the public for at least 180 days out of the year, a percentage of the rooms must be available for nightly rental, a front desk must be staffed during business hours, a telephone switchboard, mail delivery system, and reservation system must be maintained; housekeeping services must be available, room keys must be distributed, no kitchens can be added, and no rooms can be combined or enlarged. Finally, a sign containing the word ‘hotel,’ ‘motel,’ or ‘inn’ must be displayed on the exterior of the structure. Vaniotis said some restrictions would not be applicable to the establishments in question and applicants may not have to meet all of the requirements.
      At the core of the issues is the potential for what was a hotel to become a vacation home or a condo and depending on your perspective, the change can have a detrimental or beneficial impact on the surrounding properties. Grysk said he has heard concerns from abutters who do not want condos in their neighborhoods. Parking and traffic pose potential problems and he said owners of vacation homes may need space for a boat or other recreational vehicles.
      Councilor Patrick O’Reilly, however, said a change in use may actually decrease the number of cars at the property because there may be instances when the new owner does not want to rent out the room. He envisioned a repeat customer to the hotel buying the new condo and renting it out in the summer, but allowing it to be vacant during the winter. Owens said that was a possibility.
      In addition to addressing neighborhood issues, Grysk said changes to the rooms pose code issues. Hotels and motels have interconnected septic systems and plumbing systems that would need to be separated. He said sprinklers would need to be installed and code enforcement would need to inspect each structure.
       Twelve establishments in Scarborough, located primarily in the Pine Point and Higgins Beach areas, are currently considered non-conforming to their respective zones. Grysk said his department determines appropriate use by looking at the criteria that grandfathered the property. Hotels built since 1985 have been constructed in the appropriate zones and would not be subject to the amendment.
      Councilor Sylvia Most said she was having difficulty with the amendments because they encourage non-conforming. She said the town’s approach is inconsistent with the stance it has taken in the past.
      “It’s the first time implementing something non-conforming as non-conforming in a zone,” she said.
       David and Cheryl Aranovitch, owners of The Dunes, attended Wednesday’s meeting and said they hoped the council will make a distinction between owners who wish to drastically change their use and those who want to make a small change. The Dunes, a non-conforming establishment located on 95 East Grand Avenue, currently consists of seven year round cottages, three apartments, and a house. Reservations are made on a weekly basis and David said all the units have kitchens and more than enough parking. This use pattern has been consistent since the 1950s.
      “We’re beginning to plan our retirement, ”he said about plans to sell. He said they approached the town about selling and he referenced similar properties in the Pine Point area that were converted to condos and remain “well managed and well maintained.” He recognizes, however, that there is opposition in the town.
      In their case, he said a conversion “might diminish use slightly” because the owners would be in the unit all summer. He said there may be less traffic as a result.
      The ordinance committee tentatively scheduled a public workshop on the amendments for May 8 or May 9.