realestate

Francestown Board Gives TAK Real Estate 90-Day Code Fix Deadline

Francestown Select Board gives TAK Real Estate Holdings 90 days to fix code issues at Tory Pines. Kendall told board.

T
he Francestown Select Board has granted TAK Real Estate Holdings, owners of the former Tory Pines apartment complex, a 90‑day period to address recent code violations. Building inspector John Kendall reported that most problems identified after TAK’s spring 2025 purchase were minor and have already been corrected. “Zach Markie and his team resolved everything promptly,” Kendall said, noting that TAK has agreed to fix any remaining issues.

    The only significant outstanding item is the absence of firewalls in the basements. Kendall explained that extensive moisture and mold had forced the previous owner to strip the firewalls, prioritizing health concerns over fire protection. The basements are not used for storage; they house utilities only. Kendall suggested installing a sprinkler system as a viable alternative to re‑sheetrocking the floors, giving TAK a 90‑day deadline to comply.

    Fire Chief Larry Kullgren confirmed that the complex’s 30,000‑gallon water storage tank can support a sprinkler system. “The tank was originally designed for 12 additional units, so the water supply is ample,” Kullgren said. He added that the existing hydrant, which the town has flushed regularly, will aid the fire department, and that TAK is removing brush to improve access.

    Earlier correspondence from the Select Board required TAK to complete a life‑safety inspection, bring all units up to code, and apply to the Planning Board for a minor site‑plan review. Town Administrator Jamie Pike stated that once the inspection is finished and code compliance is underway, the next letter will simply ask TAK to schedule the minor review by December 2. Pike noted that town counsel has approved this letter.

    The complex’s units were previously zoned for timeshares or short‑term use; they are now being marketed as long‑term rentals. The Select Board has repeatedly asserted that this change of use triggers a minor site‑plan review under town ordinance. TAK’s land‑use attorney, Patricia Panciocco, argued that because no physical alterations have been made, a review is unnecessary.

    On July 18, the Francestown Zoning Board rescinded a deed restriction that had barred former Tory Pines timeshare residents from becoming town residents. Both Panciocco and the town’s attorney advised that the restriction, dating to the 1990s, was unenforceable and violated state law prohibiting exclusionary housing ordinances.

    Tory Pines consists of six buildings, each with four one‑ or two‑bedroom units. The adjacent Crotched Mountain Resort—featuring a golf course, pool, tennis courts, and restaurant—is separately owned. Since the 1980s, the 20 units have operated as timeshares or short‑term rentals, with stays capped at 30 days.

Francestown Board sets 90‑day deadline for TAK Real Estate code fixes.