In Madison, NH, two couples are taking legal action against the town's zoning board for denying their request to use their property as a short-term rental. The case, "Chad and Brittney Ardizzoni and Aaron and Tiffany Clymer v. the Town of Madison and the Town of Madison Zoning Board of Adjustment," is now being reviewed by Judge Michael Klass in Manchester.
Background:
- The couples, from Londonderry and Hooksett, purchased a home at 13 Lucerne Drive in Eidelweiss in June 2022.
- Madison banned new short-term rentals (STRs) in March 2022, but homes rented before 1987 are grandfathered.
- The zoning board considers STRs in Eidelweiss as commercial activity, which is prohibited in the residential district.
Legal Arguments:
- The homeowners argue their property has been used for short-term rentals since 2017 and should be grandfathered.
- They are represented by Matt Johnson, who claims the town's definition of "dwelling unit" is vague and unconstitutional.
- The ZBA upheld the violation notice, stating the property does not meet zoning ordinance definitions.
Current Status:
- The town must respond to the lawsuit by August 6.
- The homeowners seek to overturn the ZBA's decision or have the case reheard with new instructions.
This case highlights ongoing tensions between property owners and local zoning regulations regarding short-term rentals.