Silver Scone Teas seeks variance in New Ipswich after cease-and-desist order

By ASHLEY SAARI

Monadnock Ledger-Transcript

Published: 09-02-2022 1:42 PM

A business that hosts tea parties will be back before the New Ipswich Zoning Board next month, after the board continued a Thursday hearing on whether to grant the business a variance to operate in the Village District.

Silver Scone Teas on River Road in New Ipswich was issued a cease-and-desist order in June after complaints from neighbors and the discovery that the business had not gone through the proper zoning or planning processes. Owner Jane Elwell had been running events from her historic home on River Road, with tea parties mainly held in her home and sometimes in the back garden.

Elwell appeared before the board seeking permission to continue to hold her tea party events up to four times a month. Among changes proposed to meet requirements set by the town’s code enforcement officer and fire chief, Elwell agreed to move parking off the town roads – a major neighborhood complaint – to a parking lot on her property that can accommodate up to 18 cars, add a ramp accessible for people with disabilities, install battery-operated exit signs over egresses during events, add smoke detectors and add a second bathroom.

Robert Fasanella, speaking on behalf of Elwell, told the board that the events typically have between 20 and 40 guests, who must pre-register to attend, and occasional events with up to 50 people. The events, as proposed, would be limited to four times every 30 days, but would allow for multiple events over the course of a day. The events typically last about two hours, but can go up to four, Fasanella said.

Board Chair Wendy Juchnevics-Freeman asked if Elwell would be willing to make 50 people a maximum, and Elwell agreed. 

“I don’t want any more than that,” Elwell said.

Fasanella said the business was less disruptive than some of the other businesses allowed in the district by special exception, including inns and bed-and-breakfasts, day cares or kindergartens, particularly as the events did not occur every day, and typically not during the winter months.

“It’s consistent with the zoning. It’s consistent with the master plan,” Fasanella said.

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Nancy Clark, an attorney representing 13 individuals, including abutters to the property and people who live in the surrounding area, including her own household, disagreed, and said the business wasn’t appropriate for the area.

“There are plenty of places in New Ipswich this business could be; the Village District I is not that place,” Clark said.

Clark said 40 to 50 people, twice per day, was too heavy a use for a rural neighborhood. She added that the events and traffic produced by them had “increased dramatically” in 2022, and traffic on the road had impeded onto neighbors’ property, had blocked their access to mailboxes and on at least one occasion blocked a driveway.

“It’s completely interrupted the entire culture of our neighborhood,” Clark said.

Juchnevics-Freeman noted that while she understood there may have been “sins of the past,” the board’s duty was to evaluate the application in front of them, which did not include any street parking on River Road or Currier Road.

The board put a hold on further public comment, deciding to continue the hearing to its next meeting. Juchnevics-Freeman assured Clark she would have further time to present on behalf of her clients at the next meeting. The board directed Elwell to return next month with further information, including a septic design for what she would install should her current system fail, and delineation of wetlands on the property.

Juchnevics-Freeman said following review of new documents next month, the board will continue to hear public comments from abutters and community members.

The meeting was continued until Oct. 6 at 7 p.m. at the New Ipswich town offices.

Ashley Saari can be reached at 603-924-7172 ext. 244 or asaari@ledgertranscript.com. She’s on Twitter @AshleySaariMLT.

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