[Massplanners] "Fractional Time Share"

[Daniel Fortier]

Here is the link https://law.justia.com/cases/massachusetts/supreme-
court/1978/375-mass-197-2.html

Goldman v Dennis. Which I see Bob beat me to. We did recently venture into
the issue a couple years ago using tax law to differentiate uses.
Specifically hotel versus condos. We have a lot of hotels that have been
divided up as timeshares, costing the town significant tax revenue. In one
district, where we wanted to promote reinvestment in hotels, we placed a
limit on how many rooms could be made subject to Chapter 183B as opposed to
Chapter 140. We adopted the following definition:

Hotel/Condo – A hotel or motel property containing a mixture of uses
subject to Chapter 140 and  Chapter 183B of the Massachusetts General Laws.

The section is 10-11 And can be found here:
https://1drv.ms/b/s!AvGvu198Ph56gqsZe9pmrr2WSqoMaA

Dan Fortier, AICP Retired
Interim Dennis Town Planner





On Fri, Mar 17, 2023, 7:24 PM Amy Upton <aupton1970 at outlook.com> wrote:

> 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
>
>
> Get Outlook for iOS <https://aka.ms/o0ukef>
> ------------------------------
> *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> 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> 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
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20230317/572c9190/attachment.htm>