Condominiumized Cottages Proposed on Berry Bay

Freedom — December 28, 2006 — Sharleen and Robert Houle submitted an application for subdivision on two lots they own (Map 38 Lots 3 and 4) on West Bay Road in order to create a condominium of the five cabins that are there now. Both Freedom’s and the state’s regulations allow for condominiumization under the subdivision regulations.

Each house is defined as a unit or lot, and the rest of the land is held in common with the other condominium owners. In Houle’s case, he said there will be five units, and limited common areas will be defined as garages, porches, and area around docks, and the rest of the land will be considered as common areas. There will be one unit on one lot, and four units on the other lot.

Planning board member Barry Rollins recused himself from any discussion on the application as he is an abutter. He had said during informal discussions that he was concerned because the lot with four buildings on it is a non-conforming lot. The zoning regulations say that no non-conforming lot will be converted to another non-conforming use.

Houle’s attorney, Randy Cooper, was present representing Houle and explaining the application. He said there is no change in use because it is a grandfathered five-unit rental property, and it will become five individually owned houses. In response to Les Babb’s question about whether the buildings will all remain as seasonal, Cooper said converting a seasonal to a year-round building is not a change in use.

Houle’s application includes three septic systems, with one serving three units, and the other two serving the two individual units. The plan also includes the site for a future one if one of the systems ever failed, said the surveyor Alan Fall. The condominium agreement would require that the septic systems be cleaned out every year.

The five units have a driveway in common that will be converted into a road, called Houle Road, and all five units would have 911 numbers off that road, Houle said. He also said that snow plowing would be provided for the units that are used in the winter, units A and E.

After listening to the list for waiver requests, the board voted to not accept the application as complete because of the concerns the board raised during the public hearing. The hearing was continued until Jan. 18 at 7 p.m.

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