The New Hampshire Housing Appeals Board is scheduled to hear the appeal of decisions related to the approval of Silver Scone Teas, a tea party event business in New Ipswich, on May 16.
The business, owned and operated by New Ipswich resident Jane Elwell out of her historic home on River Road, has completed the Zoning Board process to receive a variance to operate the business in the village zone, and is currently going through a site plan review with the Planning Board.
A group of neighbors has been objecting to the business, as well as the decisions to grant the variance and to issue a driveway permit for a cleared area on Elwell’s property she plans to use as a parking lot. The group, represented by lawyer Nancy Clark, has appealed both decisions to the state’s Housing Appeals Board, which expects to hold a pre-hearing conference on both appeals May 2. A hearing on the merits of the cases is scheduled for May 16.
At the Planning Board, the site plan review process resumed Wednesday, with board members ultimately continuing the case to a meeting this week. The board is closing in on its statutory deadline to either make a decision in the matter, unless Elwell consents to allow more continuances.
Parking continues to be a matter of contention for those opposing the project.
Elwell was running the business prior to last summer, when she was issued a cease-and-desist order by the town after it was discovered she had not properly obtained a special exception or variance to operate in the district. One of the main issues for those living in the area was parking, as guests for Elwell’s tea parties often parked on both sides of River Road and Currier Road, blocking traffic.
Elwell has proposed to use a cleared area on her property, off Currier Road, which may have once been a log landing, as a gravel parking lot.
After Clark and her clients brought up questions as to whether the parking included enough space for help Elwell brings in to conduct the teas, Elwell suggested overflow areas in her driveway, where there is also room for accessible parking. Elwell also included the possibility of two cars in her garage, one to the right of the garage and two behind her mailbox.
Robert Fasanella, representing Silver Scone, argued that the overflow parking was suggested due to the concerns raised by Clark and her clients about the need for additional parking for staff. Clark argued those solutions weren’t suitable, because they stacked the parking, and the spaces behind the mailbox are not paved.
Neighbors also encouraged the board to make a requirement of approval that all parking be kept off the roadway. In prior arguments regarding the capacity of the parking lot, Elwell has pointed out that while the parking lot meets the requirements for the capped capacity of up to 50 guests, there is no prohibition against parking on the side of River Road or Currier Road if there is a need for overflow.
Neighbor Chris Allen encouraged the board to require that “any of the business-related parking would be off-street.”
Among other issues, Clark also argued that the current septic system was not suitable for both guests and staff, and that Elwell’s land, the majority of which is conserved, is home to Blanding’s turtle and spotted turtle, both considered endangered species, and said work must be done to determine if the parking area or other changes put them at risk.
Fasanella argued that Elwell had submitted an alternate septic design with more capacity, which would be installed if her current one failed, and that she was working with the state Department of Environmental Services on wetlands issues, and that was a more appropriate body to deal with impact to wildlife.
The hearing will resume Wednesday, April 26, at 7 p.m. in the New Ipswich town offices.