Planning board to present proposed short-term rental fees to selectboard; board clarifies how preexisting rentals can document grandfathering

Wolfeboro’s Planning Board on May 6 said Chair Doug Breskin will present proposed fees for the town’s short-term rental program to the Select Board, and members clarified how property owners might establish that a short-term rental operation is a lawfully preexisting use (grandfathered) under state law.

Breskin told the planning board he will present the proposed fee schedule at the selectboard meeting the following evening. Several board members urged that the selectboard and planning staff be prepared to offer guidance to existing operators who believe they are “grandfathered” — i.e., that their use was lawfully established before the zoning change — because a grandfathering determination depends on established legal criteria.

Board members cited New Hampshire statute RSA 674:19 regarding lawful preexisting uses as the legal basis for grandfathering. Roger Murray and others advised that proof of a preexisting lawful short-term rental could include documentation such as room-and-meals-tax receipts, a dated rental listing on platforms like Airbnb, business records, or other contemporaneous evidence that an operation was lawfully active before the ordinance’s effective date.

Planning staff and board members noted the town is unlikely proactively to audit every existing short-term rental. If a complaint is filed about a property that appears to be operating without applying for the required permits, the town can request documentation from the operator; operators who wish to avoid enforcement uncertainty may proactively submit proof of a preexisting lawful use to the planning office.

No fee ordinance was adopted at the May 6 meeting; the matter will be presented to the Select Board per Chair Breskin’s announcement.