The Francestown Select Board will give TAK Real Estate Holdings, the owner of the former Tory Pines apartment complex, 90 days to comply with code issues recently identified by the town.
Building Inspector John Kendall told the Select Board Monday night that most of the issues found at the complex, which TAK purchased in spring 2025, were minor.
“Zach (Markie, of TAK) fixed everything right away,” Kendall said. “They have addressed all the issues that were listed in the letter we sent, and they agree to fix anything necessary.”
Kendall said the only major outstanding issue is the lack of firewalls in the buildings’ basements.
“There is a serious moisture problem in all the basements, and the firewalls were stripped out because of the mold. They were more concerned about health problems that could be caused by the mold than firewalls,” Kendall said. “The previous owner opened up the basement to get rid of mold.”
He said the basements are not used for storage by residents and are only used to house utilities.
Kendall said the fire safety issue created by the missing firewalls could be addressed with a sprinkler system.
“We gave them option of sprinkler instead of having to sheetrock the floor,” Kendall said, adding that he gave TAK 90 days to comply with code.
Fire Chief Larry Kullgren said the complex’s 30,000-gallon water storage tank can support a sprinkler system.
“We looked at the amount of water available, and there is a huge water supply system, because there used to be 12 more units up there, and it was constructed for that number of units. The sprinklers would only need to run for 15 or 20 minutes,” Kullgren said.
Kullgren noted the complex also has a hydrant that the town flushed regularly in the past, and that TAK is currently removing brush and clearing the area to improve fire department access.
TAK, town disagree on site plan review
In an earlier letter to TAK, the Select Board said the property owner must complete a life-safety inspection and bring units up to code, and apply to the Planning Board for a minor site plan review.
Town Administrator Jamie Pike said that with the inspection complete and TAK working toward meeting code, the next letter from the Select Board will request only that TAK contact the Planning Board and schedule a minor site plan review by Dec. 2. Pike said town counsel has signed off on the letter.
Because the units, previously zoned for timeshares or “transient use,” are now being marketed as long-term rentals, the Select Board has repeatedly said the project constitutes a change of use that requires a minor site plan review. The Planning Board has agreed, saying the shift from short-term to long-term rentals triggers a review under town ordinance.
Patricia Panciocco, a land use attorney representing TAK, stated in a letter to the town that because TAK has not made any physical changes to the units, a site plan review is not necessary.
On July 18, the Francestown Zoning Board rescinded a deed restriction that had barred residents of the former Tory Pines timeshares from becoming residents of Francestown. Both Panciocco and the town’s attorney advised the board to remove the restriction, which dated to the 1990s, saying it was unenforceable and out of compliance with state law prohibiting exclusionary housing ordinances.
The Tory Pines condominium complex consists of six buildings, each containing four one- or two-bedroom units. The adjacent Crotched Mountain Resort — including the golf course, pool, tennis courts and restaurant — is separately owned. The 20 units had been operated as timeshares or short-term rentals since the 1980s, with stays limited to 30 days.
