The Francestown Select Board and Planning Board are in agreement that TAK Real Estate, the owner of the Torrey Pines condos, needs to submit an application for site plan review.
“We have determined that this project does constitute a change of use, and therefore, it does need a site plan review. They only have to do a minor site development review because the buildings already exists, but it still needs site plan review,” said Planning Board Chair Gerri Bernstein at the Aug. 5 Planning Board meeting.
On Aug. 11, the Select Board passed a motion to request a rehearing of the Zoning Board’s July 17 decision on TAK in order to ask the ZBA to add a condition that TAK apply for site plan review.
Town Administrator Jamie Pike said he believed the ZBA will have 30 days to decide whether to grant a rehearing and another 30 days to schedule the hearing.
The apartment units on Torrey Pines Road have been used as timeshares and hotel rooms since the complex was built in the early 1980s. The complex includes six buildings with 24 one- and two- bedroom units.
On July 17, the Zoning Board of Adjustment amended a 2004 Notice of Decision by striking language that restricted residents of the units from becoming residents of Francestown after town counsel and the attorney representing TAK Real Estate advised that that language is unlawful.
The amendment, along with a ZBA decision which determined that the Torrey Pines units were exempt from later town ordinance on multifamily dwellings, cleared the way for TAK to start renting the apartments out on a long-term basis.
“Even though the site is not being changed, this is an impact on the town, and we need to look at that, especially for life safety and code,” Bernstein said.
Members of the Planning Board noted that the apartments are already being advertised as long-term rentals on social media and real estate sites.
On Aug. 4, the Select Board voted to send a letter to the Planning Board outlining their concerns that the ZBA’s July 17 decision did not include a condition of site plan approval from the Planning Board.
The Select Board notified the Planning Board of its intention to appeal the ZBA decision in order to add the condition of site plan review to the decision. The Select Board also stated it would ask TAK to apply for site plan review.
“Right now, TAK does not see any reason why they need to do a site plan review,” said Select Board member Scott Heath.
The Planning Board unanimously passed a motion “to send letter to the Select Board strongly supporting their missive of Aug. 4 and support all four bullet points.”
“In addition, we will request that the Select Board send a separate letter requesting TAK come forward for site plan review,” Bernstein said.
Planning Board member Susan Kane said she felt the board should clearly communicate that the town is not against TAK’s change of use at the Torrey Pines complex and is only looking out for the interest of the town and the safety of the residents.
“I just want to very clear that we are not trying to be antagonistic. We support this project, and we are trying to be helpful and just make sure it is safe. We support what TAK is doing. We just need to be sure it supports the needs of the town,” Kane said.
Select Board member Karen Fitzgerald said that “the town liable for these units.”
“We just need to be sure the units are safe for people to live in,” Fitzgerald said.