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Board presses developer on safeguards after plan to convert contractor units to condominiums
Summary
Developers told the board they will place permitted‑use restrictions in condo documents and rely on the HOA to enforce contractor‑space uses, while board members sought additional guarantees (business‑license requirement, town attorney review) to prevent units from becoming de facto self‑storage.
The Wells Planning Board questioned how contractor spaces in two commercial buildings would be limited to business use after the applicant said they plan to convert the development to condominium ownership.
Lou Chamberlain, presenting an amendment for RNL Properties, said the project remains as originally approved in 2022 — two contractor buildings with roughly 12 units and two apartments above the smaller building — but the applicant is asking to convert ownership to condominium form and to revise landscaping and utilities. Michelle DeChamps of Arnelle Properties told the board the condo documents already include permitted uses and non‑uses and that the association (identified as Coastal Commons) will monitor compliance.
Several board members and members of the public pressed practical enforcement questions. One resident asked bluntly, “How are you gonna guarantee that it's not being used by individuals?” Board members said options include requiring purchasers to hold a business license, embedding a strict contractor‑use definition directly in the condo documents, and having HOA enforcement language. Town staff confirmed the condo documents are under review by the town attorney.
Chamberlain and DeChamps said the applicant plans to include usage restrictions in the condo documents and staff said the town attorney will do a final review. The board closed the public hearing on the amendment unanimously but did not grant final plan approval that night; it signaled it will review final condo documents, performance guarantees and any conditions for business‑use enforcement when the applicant returns with a final plan.
Next steps: applicant to work with the town attorney on condo docs, add explicit contractor‑use language or business‑license requirements as the board directs, and provide the documentation the code office needs to confirm enforcement and maintenance responsibilities before final approval.
