After receiving no response from TAK Real Estate about when officials can complete life safety and code inspections at the Tory Pines apartment complex, the Francestown Select Board voted Monday to send another letter to the property owner outlining next steps, which could include legal action.
The new letter will give TAK a deadline of Oct. 17 to respond to the town.
“TAK needs to contact us and start the site plan review process by Oct. 21,” said Select Board chair Charlie Pyle at the Oct. 6 meeting of the board. “If there is a failure to reply, we may have to seek a solution to this issue through adjudication.”
The board’s letter will state that TAK must comply with the 2004 conditions of approval for the Tory Pines complex, which require the units to meet the town’s life safety code and site plan regulations.
TAK, a Topsfield, Mass.-based real estate developer, purchased the Tory Pines apartment complex, located near the Crotched Mountain golf course, from Wyndham Resorts in spring 2025. In April, TAK applied to the Zoning Board of Adjustment for a change of use to convert the units from short-term or transient rentals to long-term housing.
According to town records, Francestown notified Wyndham Reports in 2019 about code and safety violations in the units, including electrical issues with some smoke detectors, a lack of handrails, and the possible need for firewalls in the basement.
“There were pages of deficiencies identified in these buildings in 2019, which were possibly never addressed,” Pyle said.
Because the units were previously zoned for short-term or hotel use, both the Select Board and Planning Board have said the shift to long-term rentals constitutes a change of use under town ordinance, requiring a minor site plan review.
Because the units were previously zoned for short-term or hotel use, both the Select Board and Planning Board have said the shift to long-term rentals constitutes a change of use under town ordinance, requiring a minor site plan review.
On July 17, the ZBA voted to amend the 2004 Notice of Decision by striking language that barred residents from becoming permanent Francestown residents. Town counsel and TAK’s attorney had advised that the restriction was unlawful and exclusionary.
That amendment, along with a separate ZBA ruling that the complex was exempt from later ordinances restricting multifamily dwellings, cleared the way for TAK to rent the units long-term.
The complex, located on Tory Pines Road, includes six buildings with 12 one-bedroom and 12 two-bedroom units. Many of the apartments are currently occupied and advertised on social media and through local flyers.
Pyle said if TAK continues to block inspections by Fire Chief Larry Kullgren, the town may need to request assistance from the state fire marshal.
“We just need them to communicate with us and come talk to us. It needs to be a process. I don’t understand why they can’t just come talk,” Pyle said.
Patricia Paniciocco, the attorney for TAK Real Estate, could not be reached for comment.