The former Torrey Pines timeshare development on School House Road in Francestown is grandfathered and does not need to adhere to a 1999 ordinance which limited dwelling units to one per lot.
The Francestown ZBA recently made the ruling after Zach Markie of TAK Real Estate Holdings, which owns the units, provided documentation showing the buildings had existed as multifamily units prior to 1999, when Francestown passed ordinance 722-A, restricting development to one dwelling unit per two-acre lot.
“We have property cards and satellite images showing that these buildings existed before 1998, which would make them eligible to be grandfathered,” Markie said.
ZBA Chair Cindy St. Jean said the board had also researched the properties and found that they had been originally been built as multifamily units in 1987 or 1988.
“If these units were built as multifamilies before 1999, they do not have to comply with the one-unit-per-lot ordinance,” St. Jean said. “If kitchens were added after 1999, that would be a problem, but I feel we have enough to know the kitchens were there originally.”
St. Jean said tax documents indicate the units always had kitchens and bedrooms, which legally defines them as dwelling units, not hotel rooms.
The board unanimously agreed that the buildings are grandfathered.
The units, which abut the Crotched Mountain Golf Course on 2nd New Hampshire Turnpike, were previously operated as timeshares or short-term vacation rentals. The Crotched Mountain Resort, including the golf course, pool, tennis courts and restaurant, are separately owned.
The complex consists of six buildings with four units with a total of six one-bedroom units and six two-bedroom units.
TAK Real Estate withdrew an application for the variance after the decision was made.
After reviewing TAK’s request for a special exception to change the use of the units from short-term/transient use to long-term rentals, the board voted to grant a continuance to the application until a joint meeting with the Planning Board.
“We are all aware that Francestown’s housing situation right now makes this project in the town’s best interest,” St. Jean said. “Speaking personally, I do not want to see these units vacant. There is not enough housing for people to stay in town.”
TAK is requesting that the town modify a 2004 special exception notice of decision which ruled that the occupants of the units had to be transient and could not become residents of Francestown.
“They were very clear in 2004. This was a hotel, and no one could live there,” St. Jean said.
Markie spoke on behalf of the request, noting that the units are ‘“sitting there empty.”
“There are 24 apartments that are vacant and will remain so unless something happens,” he said.
ZBA member Sue Jonas said she was concerned about the “wave of impact” on the town once the units are rented.
“It is a huge change. The effect of the change is the same. The idea of converting it doesn’t bother me as much as the impact of 24 new families moving in next week,” board member Linda Kunhardt said.
Markie noted that the units are all one- and two- bedroom units.
“We manage a lot of other properties. We mostly have one- and two-bedrooms, and typically what we see is there may be a family here and there, but they tend to be couples. Typically, these styles of units do tend to attract family or large families,” he said.
St. Jean said the change-of-use issue falls under the provenance of the Planning Board.
“A project like this would go to site plan review and approval, which would be under the Planning Board. We would direct this to Planning Board for site plan review and approval on whether should this be an appropriate use at this time,” she said.
The ZBA and Planning Board will review the request at a joint meeting on June 17.
The board passed a motion to rescind the variance granted to TAK on April 17 after town counsel advised that it was not in the provenance of the ZBA to do so. The board determined that TAK no longer needs to seek the variance, as the property was determined to be grandfathered.