04/28/2025 SB Minutes

Bethlehem Board of Selectmen
Meeting Minutes
April 28h, 2025
In person – Chairwoman Strand, Selectman MacDonald, Select Woman Hibberd, and Select Woman Knowles.
Appoint Sally Syren Library Trustee- Selectman MacDonald motioned to appoint Sally Syren to the Library Trustee. Select Woman Hibberd seconded, and all were in favor.
Appoint Eric Raichle- Trustee of the Trust fund- Select Woman Hibberd motioned to appoint Eric Raichle as a Trustee of the Trust fund. Chairwoman Strand seconded, and all were in favor.
Appoint Jerry Blanchard Capital Improvement Program Committee- Selectman MacDonald motioned to appoint Jerry Blanchard to the CIPC. Select Woman Knowles seconded, and all were in favor.
Appoint Chief Galloway Forest Fire Warden- Select Woman Hibberd motioned to appoint Chief John Galloway as Bethlehem’s Forest Fire Warden. Selectman MacDonald seconded and were in favor.
Appoint Libby Staples as Deputy Treasurer- Selectman MacDonald motioned to reappoint Libby Staples as Deputy Treasurer. Select Woman Hibberd seconded, and all were in favor.
Appoint Colin Lunetta and Wendy Aldrich Jordan Conservation Commission- Select Woman Knowles motioned to appoint Colin Lunetta and Wendy Aldrich to a one-year term on the Conservation Commission. Selectman MacDonald seconded and all were in favor.
STR Revised Application- Chairwoman Strand read the following statement:
The town began to address the issue of short-term rentals more than 2 years ago. There had been some resident input from those living close to STRs regarding problems with noise, fireworks, and/or trash. In many cases, there was frustration about how to address these issues, particularly with absent owners. Other towns were experiencing similar issues.
The Planning Board, in consultation with a professional planner, worked hard to create an ordinance that was taken to the voters in March of 2024 as Warrant Article 7, which included (along with language that further clarifies what a short-term rental is): “…to adopt health and safety requirements for short term rentals.” It passed in 2024, 349 to 194.

A short-term rental committee was formed, tasked with creating a process for certification of health and safety requirements. The committee consisted of a Select Board Member, a Planning Board member and at least one STR owner and one STR abutter.

Since this process began, there has been a lot of legal ramifications to other towns’ efforts to define and permit STRs, that have been playing out over the past 1-2 years. Things have changed since the Planning Board first began this effort.
The first presentation to the Select Board and the public on this permitting process and application was in February 24th of 2025. Also on Feb 24th, the SB voted to move forward with the proposed application – contingent on legal review. After receiving recent legal advice and taking into consideration the litigations that have occurred, the Select Board intends to amend the application to protect the town from potential litigation costs. The proposed revised application is attached to our minutes and to the online agenda.

Changes include:

• If your short-term rental property was operational before March 14th, 2023 submitting a STR application is appreciated but not required.

• The state considers STRs to be residential use, therefore site plan reviews do not apply to STRs, as they are considered residential.

• Under the permitting process, we are removing the application fee.

• An inspection by the building inspector is no longer required, but optional. The property owner can sign a self-inspection list attesting that the property is compliant with all applicable building and life safety codes.

• The property owner can choose to have the building inspector review the site at no charge.

• There is no longer an annual review or renewal process. Changing owners requires updated owner contact info and either a self-inspection certification or building inspector signoff.

• Knox box no longer required.

Sean Gawlick asked why we have an application process if all the regulations are being removed. Chairwoman Strand responded because all the STR established after the ordinance passed would be required to apply and it requires contact information in case an issue arises. Mr. Gawlick raised concern that the town wouldn’t have contact information for STR properties established before March 2024. Mary Moritz, Town Administrator, stated that the town cannot require properties to comply with a new ordinance if they were established before the ordinance was adopted. Mr. Gawlick asked what was going to stop someone from falsely signing the affidavit. Chairwoman Strand explained if a STR falsely signs and a problem occurs the owner runs the risk of having their permit revoked. Mr. Gawlick asked if a property is converted into a multi-family dwelling would that require an occupancy permit and Select Woman Hibberd replied that the town does not offer occupancy permits unless the property owner requests one. Sean Gawlick then asked if STR was considered a small business and Chairwoman Strand explained the courts have defined STR as a residential use. Sean Gawlick asked if a property was rental would it require an inspection and Select Woman Hibberd replied not unless it was 3 units or more then it would have to go for site plan review. Chairwoman Strand continued the select board should not implement an application process that would put the town at risk for legal ramifications. Chairwoman Strand continued she understood the frustration and feels bad for the STR committee that worked very hard to create the application. Mr. Gawlick replied that the new application has no oversight, and he is concerned about safety. Chairwoman Strand noted she believes STR customer review process would likely deal with unsafe and unkept properties because customers would choose not to stay. Chris Jensen agreed with Sean Gawlick stating the point of the ordinance was for public safety and give recourse to neighbors of STR properties who had issues. Mr. Jensen continued all the enforcement had been removed from the application because of the fear of getting sued. Select Woman Hibberd explained given the amount of litigation regarding STR, and the outcome, it is a legitimate concern. Chairwoman Strand noted the three complaints most associated with STR’s: noise, fireworks, and trash will be dealt with by the ticketing process for the ordinance’s fines. Martie Cook stated she did not buy the boards legal concern because if this was a landfill issue or conservation the board would be moving forward. Ms. Cook continued the committee did hear from abutters and the revised STR application had no enforcement. Ms. Cook asked what RSA defined STR as residential. Mary Moritz replied she was not clear what Martie Cook was referring to, but the town attorney had been contacted with several questions, and she responded that the courts have ruled in favor of STR’s which included defining STR’s as residential use. Mary Moritz reiterated Chris Jensen’s point that the board could choose to ignore legal advice and move forward with the STR application that wasn’t recommended if they chose to. Ms. Cook requested the court cases and Mary Moritz replied she would provide the cases, and the information Julia Brabec had previously provided. Select Woman Hibberd disagreed with Martie Cook’s statement regarding the board not acting because they did not care about STR rather the board is considering potential liability from future legal action and the impact to the town. Ms. Cook stated she was concerned that the state is allowing business owners to make decisions, and she feels this is a loss of local control. Mary Moritz commented that the committee referenced Lincoln’s STR application, and the revised application is the same as the Lincon. Mr. Gawlick stated the committee also looked at Franconia, Jackson, and over dozens of other towns and took the best of their applications and incorporated that into the proposed application. Chairman Strand asked Sean Gawlick if there was something that could be added back to the application that he felt would give the town better enforcement. Sean Gawlick replied maybe the committee could meet to reconsider an application that would limit the town’s liability but offer more enforcement options for the town. Chairwoman Strand asked Sean Gawlick why was the STR ordinance initially adopted, and Sean Gawlick responded safety issues. Chairwoman Strand then asked Sean Gawlick if STR’s are considered residences who in town has the authority require STR comply. Ms. Cook stated that the STR ordinance was part of the housing grant that the town received, and she participated in all the meetings and listened to the concerns. Ms. Cook continued when this was originally discussed the largest inventory of vacant houses was STR and because the state hadn’t defined STR, working with a consultant the town defined STR. Ms. Cook continued originally the STR work was done as a housing issue not an enforcement issue. Mr. Gawlick considered the STR ordinance and application process an opportunity for the town to be proactive in considering safety concerns of STR. Chris Jensen commented that the board originally voted in favor of the STR application and does not understand the reversal from the original board vote. Mary Moritz stated the board voted in favor of moving forward with the application contingent on legal advice. Chris Jensen asked why legal consultation occurred at the end of the process and Mary Moritz stated that it was a mistake and the ordinance that was drafted by the consultant should have been reviewed by the attorney. Allegra Wright suggested adding an incentive to the STR owners in existence before March 2024 to entice them to submit a STR application. Selectman MacDonald stated he felt Sean Gawlick’s concerns were valid however the board only has so much authority given by the statues. Chairwoman Strand thanked participants for a thoughtful discussion.
Fire Station- roof repair- Select Woman Hibberd motioned to approve the estimate for the Fire Department Rood repair. Selectman MacDonald seconded and all were in favor.
Policy Review-Code of Ethics- Chairwoman Strand opened discussion on the Ethic’s Policy noting 3 areas that could be added: gifts, disclosure of confidential information, and remedies. The board agreed to add the provisions including under gifts a paragraph allowing donations to campaigns.
Minutes 4/14- Select Woman Hibberd motioned to approve the 4/14 minutes. Selectman MacDonald seconded and all were in favor.
Updates and other business- Chairwoman Strand motioned to accept the agreement between the town and Rambling Woods Cooperative. Selectman MacDonald seconded and all were in favor.
Chairwoman Strand motioned to deny the request to abate interest. Select Woman Hibberd seconded and all were in favor.
At 7:30 Select Woman Hibberd motioned to adjourn. Chairwoman Strand seconded and all were in favor.
Respectfully submitted,
Mary Moritz
Town Administrator