The Francestown Zoning Board of Adjustment has again continued a hearing on an application by TAK Real Estate Holdings.

TAK has requested that the use of the 24 condos on Torrey Pines Road in Francestown be changed from “transient use”  to long-term rentals. The properties were previously operated as timeshares. Currently, the units can only be rented short-term, or fewer than 30 days, as per a special exception for the property which was granted in 1993. The 1993 site plan also stipulates that residents of the condos are restricted from becoming residents of Francestown.

The Torrey Pines condominium complex consists of six buildings, each with with four one- or two- bedroom units. The adjacent Crotched Mountain Resort, including the golf course, pool, tennis courts and restaurant, is separately owned. 

During the Zoning Board discussion of the matter July 2, Chair Cindy St. Jean said that in further researching the documents in the case, she discovered  that the restriction against residency was specified in the site plan, not the deed. 

“We need to consult our counsel in terms of process on this. We are deciding whether it is appropriate for the ZBA to change a previous notice of decision, given that the language appears on the site plan,”  St. Jean said. “My own personal feeling is that this needs to go before the Planning Board.” 

Land-use attorney Patricia Panciocco, who represents TAK, said that the existing restrictions on residency are “unenforceable and illegal.” 

“My recommendation to my client is that he request these restrictions be removed entirely, and that they be stricken,” Panciocco said. “These need to go. This restriction on residency violates the right to travel, and it is constitutionally unsound. You cannot dictate who lives in your town. It is exclusionary.” 

Panciocco also cited current New Hampshire workforce housing law, which requires that every New Hampshire town have zones where multifamily housing can be constructed by right, without requiring the developer to seek a special exception. 

“Currently, your ordinance here in Francestown has no provision for multifamily homes. There should be something in you ordinance that permits multifamily homes,  because workforce housing now is permitted by a matter of right. Towns are required to have it,” Panciocco said. “It is very unusual that a town is zoned for only single-family homes.” 

Panciocco also said she did not recommend the town keep the units as short-term rentals.

“If these units really are occupied by transient people, you attract a different type of personnel. Under tenant stature, you cannot evict a transient— you have to involve the police,” she said. “You are in a dilemma having this language in this plan.”

St. Jean noted that she had raised the possible illegality of the 1993 site plan restriction at the previous hearing. and had consulted with the town attorney on the meantime. 

“Francestown town counsel concurred with the illegality of the restricting temporary residents from becoming residents of Francestown,” St. Jean said. “It is not enforceable.” 

Because the restriction is listed on the condos’ site plan, which would typically fall under the purview of the Planning Board, and not the deed, which would fall under the ZBA,  the ZBA voted to continue the hearing until after consulting with town counsel about the best way to move forward. 

Panciocco said she did not feel the matter needed to go before the Planning Board, as the project does not require a new site plan. 

“We are not moving one spoonful of dirt up there,” she said. “We are planning no new development up there; there is plenty of parking. We don’t have an application before the Planning Board.”

ZBA member Judy Bitterli suggested the board consult with counsel and find out if it is in the board’s purview to strike the language restricting residency. 

ZBA member Stewart Brock spoke in favor of moving the project forward.

“We don’t want to drag this on and keep muddying the waters,” Brock said. “Maybe we are in a spot where can finally move forward.”  

The ZBA will continue the hearing on July 17 at 7 p.m. in the Francestown Town Offices.