An attorney representing neighbors to a River Road tea party business has requested the town rescind a driveway permit for a parking area for the business, alleging the Town of New Ipswich improperly issued the permit.
Jane Elwell, the owner of Silver Scone Teas on River Road, was issued a cease-and-desist order by the town earlier this summer, after it was discovered she had not obtained the proper town permits to run a business in the residential Village District I. Elwell is going through the process to get a variance from the Zoning Board to allow the business.
Local attorney Nancy Clark is representing a total of 13 people who either directly abut the property or live in close proximity during the Zoning Board process, and appeared before the Select Board Tuesday to protest the issuance of a driveway permit for an entrance to a parking area Elwell plans to use for the business.
“For a variety of reasons, we feel this driveway permit was issued in error,” Clark said.
Clark claimed that in widening the existing opening for the driveway, Elwell had removed a portion of an existing stone wall, which is not allowed without a specific process, because Currier Road is a designated scenic road. She also claimed Elwell had not shown evidence that the driveway would not impact wetlands. Also, New Ipswich’s driveway regulations only allow one driveway per residential lot in most cases.
Clark said the driveway application was “disingenuous and misleading to the town.” She asked that the town rescind the permit, stop any work on the driveway or parking lot until the conclusion of the Zoning Board and Planning Board review of the Silver Scones case, that the town impose penalties on Elwell and require the restoration of the stone wall.
Elwell and her attorney, Robert Fasanella, were also present during Tuesday’s meeting, and responded to the claims. Fasanella said the driveway and opening already existed, and had since the 1950s, arguing they were grandfathered. He said the entrance of the driveway was more than 100 feet from any wetlands, and that Elwell has submitted plans showing the location of wetlands in the Zoning Board process.
Elwell said she had removed a boulder, and a smaller rock underneath it, from the entrance of the driveway to widen it to 20 feet. She said she had done this with the blessing of the Monadnock Conservancy, which maintains an easement over that portion of the property.
“It wasn’t a huge piece of the wall,” Elwell said.
Select Board Chair Shawn Talbot requested that Elwell provide written evidence that the Monadnock Conservancy had reviewed the driveway and was satisfied with the outcome, which Elwell agreed to provide.
Fasanella requested the board grant none of the requests issued by Clark and her clients, and uphold the permit as issued.
The board did not take any official vote on Tuesday, but Talbot instructed that all three members of the board to individually visit the property to examine the driveway before revisiting the issue at the board’s upcoming meeting on Oct. 25. He further instructed Town Administrator Debbie Deaton to invite the town’s building inspector and Department Of Public Works director to attend that meeting to give input.
Ashley Saari can be reached at 603-924-7172, Ext. 244, or asaari@ledgertranscript.com. She’s on Twitter @AshleySaariMLT.