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Seasonal Cabins on China Lake Are Not Subject to Ordinance

September 17, 2008 - AUGUSTA -- A judge ruled this week that the proposed conversion of 22 seasonal cabins into condominiums is not subject to the town of China's subdivision or land-use ordinances.

The seasonal use of the cabins and facilities will remain unchanged after the conversion, according to attorneys for Wachusett Properties Inc., David M. Hirshon and Marshall J. Tinkle. None of the cabins has central heat, and they are used only between May 1 and Nov. 1. The cabins are in the shoreland zone.

They said no construction or building expansions would occur.

Wachusett, which bought The Cabins at China Lake and Candlewood Lodge at 1270 Lakeview Drive in May 2006, sued the town in Kennebec County Superior Court seeking to be exempt from the ordinances.

The property was operated as Candlewood Resort for a number of years. It is now operated by three families -- Bisbee, O'Donnell and Samoiloff -- as an American-plan family resort where all meals are provided, according to a Web site about the resort.

"We are very pleased with the result," Tinkle said on Thursday. "The town's position has resulted in the delay of the proposed business plan for a number of months, and we are delighted we are going to be able to move forward."

Justice Nancy Mills issued a written decision in the case on Tuesday.

She said that because both sides agreed that microwaves and other cooking devices will be prohibited in the cabins, the cabins do not fit the town ordinance definition of "dwelling place" and are not subject to the town's Subdivision Ordinance.

Wachusett said none of the cabins has cooking facilities and none will have them. The cabins are served by a central well and septic system.

Wachusett also said the cabins were in existence as of September 1971 and there has been no construction or expansion since 1988.

Court filings say the cabins are rented for periods of one day to three weeks, with the average stay of six days. About 80 percent of the occupants are returnees, and the cabins are to be offered for sale first to the regular renters.

Under the condominium proposal, the land will remain a single lot, and a condominium association will be responsible for maintenance and repairs to common elements.

The town, through attorney Alton Stevens, maintained that the camp was "a single commercial entity" and the conversion to individual condominiums, which he termed "separate, residential type units for individual use," would create a new subdivision which would be subject to town and state regulations.

"The town isn't really against the project, but obviously this concept affects many other properties and the town really wanted the decision in this case on the law to make sure everybody is going to be treated the same," Stevens said. "The town recognized it was a close call. We said if it was a change of use, the Land Use Ordinance would apply."

Wachusett Properties also has other land on the east side of Lakeview Drive and has submitted to the town a proposal for a 13-lot subdivision.

BY BETTY ADAMS, Staff Writer, Kennebec Journal
9/12/08


Lakes: China Lake
Regions: Belgrade


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