Franklin Legislative Committee takes no action on Webster Lake short-term rentals

FRANKLIN — This city's Legislative Committee took no action regarding short-term rentals at their meeting Thursday night, instead agreeing on a plan of action to address issues residents have brought forth about properties on Webster Lake.

City Manager Judie Milner said a group of department heads she brought together has met once to discuss short-term rentals, with another meeting scheduled for Tuesday, Jan. 7, to find a solution to propose to city council. The group includes Planning and Zoning Director David Chunn, Fire Chief Mike Foss, Police Chief Daniel Poirier, Captain of the Code Enforcement Division Tom Hegener, Municipal Services Director Justin Hanscom and herself.

“If the council takes the solution, which will be in the form of an ordinance would be my guess, that would set a public hearing, which I would encourage, instead of moving into legislative and then back to the council again,” she said. “I think it's a full council decision.”

Bruce Marshall, the lawyer and Lake Webster resident who said he would petition the city in court with a writ of mandamus, was given the opportunity to speak with the committee from the audience. He emphasized he's not looking for a complicated solution, like a new ordinance, but instead for the properties to get a variance.

“I didn't say banning Airbnbs or short-term rentals. I said, make them get a darn variance,” he said. “Just tell them and give them 90 days.”

Marshall also spoke to the committee regarding a New Hampshire Supreme Court case regarding short-term rentals in Portsmouth in 2019. The court in that case ruled a short-term rental property could not operate in a residential zone, due to Portsmouth’s zoning regulations. The court ruled the owners were using the property to provide short-term rentals to paying guests on a daily basis. This constitutes a “transient occupancy” similar to that of a hotel, motel, rooming house or boarding house, rather than a permitted residential dwelling use. Marshall said Franklin’s ordinance is similar to Portsmouth’s in this way, and the idea the city can’t act due to other decisions with the Supreme Court is not valid.

“I argue at the Supreme Court all the freaking time. But when a city takes a position that, 'Oh, short-term rentals or Airbnbs are extension of residential use,' you're screwing all of us that are having to deal with this stuff,” he said. “Because you get the new ordinance, you're essentially putting an exclamation point on that you think your current ordinance doesn't prohibit it.”

Other residents brought up issues regarding noise and public disturbance around the lake, which resides in Ward 1, during public comment. Despite calls to the police, neighborhood residents feel ignored. Poirier addressed the concerns, saying officers respond to every call received. Janet Flagg, a resident on Webster Lake, attended the meeting, hoping there could be a solution that does not involve police, as she recognizes how much work they are already doing in the city. She said they should be able to focus their time on things like car accidents and crime, not frustrating neighbors. When she contacted the Airbnb owner, she said she was brushed off.

“I've reached out to her every time we've called her. She says, in essence, 'I don't care. Call the police. That's their job,'” Flagg said. “It is not the police’s job to go out there and manage her Airbnb for her.”

Councilor Leigh Webb (Ward 3), a Legislative Committee member, said he recognizes the issue, and hopes to figure the problem out. He spoke to Flagg and Marshall directly.

“Inaction is not an option. We need to deal with this,” he said. “And I think that the committee and communication between you and this committee will help in that regard.”

Illegal parking by guests in rentals on Webster Avenue, which is in Ward 1, was also discussed. A potential solution may be to put up signs with parking rules.

The winter parking ban was also discussed at the meeting. While no motions were made on the topic, there was heavy discussion about the current ordinances and changes to make the language easier to understand. Legislative Committee member Councilor Olivia Zink (Ward 2) said there was a time she was arguing with a constituent over what each section of the ordinance meant, which told her the ordinance is not clear.

“I see where there's confusion between the different pieces of this, and I think that there could be clarity,” she said.

The changes aim to create a consistency between parking times for street, municipal and parking zones. Some of the language is old-fashioned, including about carriages, and defining certain ordinances by sunrise and sunset. Zink emphasized how outdated the ordinance sounds.

“Part of the problem is the council hasn't looked at this ordinance in 26 years,” she said. “I mean clearly, carriages being in there, this is a very old ordinance. So, I do think some of the responsibility is on us looking at these ordinances.”

With no motion on the floor, there are no changes as of yet, but Milner will get any potential changes vetted by a lawyer, and the issue will be brought back to the committee.

The committee also discussed weight limits on certain roads in the city, particularly residential roads like Cheney Hill. Safety and noise complaints have been made about large trucks passing through, using residential streets as a shortcut. Committee members decided to look further into the issue at the next meeting, after starting discussions on the legality of weight restrictions on these roads. Councilor Timothy Johnston of Ward 1 talked about the line between commercial and non-commercial weight for vehicles.

“Twenty-five thousand, nine hundred and ninety-nine [pounds]. Anything above that is commercial, [and] is going to need a commercial driver's license,” he said.

Municipal Services Director Justin Hanscom was asked if restricting commercial vehicles at that weight was possible.

“You can become less restrictive. You just can't allow more,” Hanscom said.