ZBA grants first waivers to short-term-rental ordinance

LACONIA — Two local property owners have been granted permission to rent their dwellings out on a short-term basis even though they do not conform to the city’s new ordinance regulating such operations.

The Zoning Board of Adjustment granted the special exceptions — both by unanimous votes.

Both residences are located in South Down, a gated condominium community with frontage on Paugus Bay.

The exceptions were the first to be granted to the new ordinance which limits short-term rentals to dwellings that are occupied by the owner for a minimum of 150 days a year.

One special exception was granted because the applicant was able to show that he had been renting out the premises on a short-term basis for more than five years.

Richard O’Brien told the board he has been renting out his property on Gables Drive since 1991. O’Brien provided letters from his former and current rental agency showing the rental history, according to Planning Director Dean Trefethen.

O’Brien said he typically rents out his unit in June to Motorcycle Week vendors, and also during August.

Jennifer Butchma applied for the special exception on the grounds that it was beneficial to the community that premises be occupied by short-term tenants rather than having it vacant, making it a potential target for burglary or vandalism.

Butchma bought the residence in 2018 and since then has rented it out for six weeks during the summer.

The board agreed with Butchma that having the premises occupied rather than vacant met the intention of the ordinance that the use would entail “a general community benefit that rises above the financial gains of the applicant.”