[Massplanners] "Fractional Time Share"

[Amy Upton]

Hi,  I am the Planning Board Admin in Tisbury, Ma.  We have just written a new zoning bylaw for the purposes of managing fractional ownership in this Town.  It will be on our warrant at Town Meeting.  I will share the language of the proposed bylaw with you all when I get in to the office today.  If anyone can share the above referenced court case that would be much appreciated.  Thanks, Amy Upton

Amy Upton
Tisbury Planning
Board Administrator
508-246-6033


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________________________________
From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of Daniel Fortier via MassPlanners <massplanners at masscptc.org>
Sent: Tuesday, March 14, 2023 5:37:35 PM
To: Thomas Bott <tbott.townplanner at verizon.net>
Cc: Listserv (massplanners at masscptc.org) <massplanners at masscptc.org>
Subject: Re: [Massplanners] "Fractional Time Share"

Tom is correct,  Goldman v Dennis is the court case to look up.


Dan Fortier, AICP Retired
Interim Dennis Town Planner

On Tue, Mar 14, 2023, 5:18 PM Thomas Bott via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>> wrote:
Dear Doug:
My take is no. Zoning doesn’t  do ownership that’s  why we zone (or rather don’t zone) for multi family rather than condos.
TBott
Happy π Day.

Thomas Bott Town Planner

You too could follow me on Twitter @TBottPlimoth but it clearly isn’t necessary


On Tuesday, March 14, 2023 at 04:55:20 PM EDT, Douglas Finn via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>> wrote:


Simple question for this snowy day:

Can zoning bylaws or ordinances restrict how many people "own" a particular property?
In simplest terms:  can towns or cities "zone out" fractional ownership (think: time-share condos)?
Does your town or city do this?
Is there case law that supports this?

Thanks,

- Doug.

============================
Douglas Finn
Assistant Pro Tem
Edgartown Planning Board
508-560-6602
dfinn at edgartown-ma.us<mailto:dfinn at edgartown-ma.us>
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