The New Ipswich Select Board reiterated their intent not to rescind a driveway permit for a parking area on Currier Road.
The driveway permit was issued to Jane Elwell, the owner of 99 River Road, which is her residence and also has been the site of events such as tea parties, under Elwell’s business, Silver Scone Teas.
The business was not allowed under New Ipswich’s zoning ordinance without a variance, and earlier this year, the town issued a cease-and-desist on the business. Elwell is now seeking a variance to continue holding events on her property.
A group of neighbors, represented by attorney Nancy Clark, has been protesting the request for a variance, and was also behind a request to repeal a driveway permit to modify an opening on Currier Road to an existing open area Elwell intends to use as parking for the business.
Clark alleged the permit was granted despite not meeting the town’s application standards in several ways, or state statutes about maintaining rock walls on scenic roads.
The board reviewed the request to rescind the permit last week, and ultimately stood behind the initial decision to issue the permit. However, Clark raised questions on two points — whether evidence had been submitted that showed the wetlands impact, and whether there was issue that the permit was for a parking area for a business, which is not an allowed use in the district without a variance or special exception, which Elwell does not yet have. Board Chair Shawn Talbot agreed to follow up on those two points, and revisit the issue this week.
In a short meeting with Clark and some of her clients, and Elwell in attendance, Talbot said after further review, the board upheld its decision not to rescind the permit.
Talbot said the board had been submitted wetland delineation plans, which he said “had no bearing” on the driveway.
The board had also consulted with the town’s attorney about whether the town could issue a permit for a parking area in a residential area.
“We don’t ask on our driveway permits what the use is for,” said Town Administrator Debbie Deaton.
Clark argued that the town does ask regarding the use, and that Elwell had indicated it was a residential driveway, which Clark argued was not true, as the parking area is part of Elwell’s plan for the business.
Talbot said that the board was satisfied that the permit was issued correctly.
“As it stands this evening, we’re not going to rescind the permit,” Talbot said.
Ashley Saari can be reached at 603-924-7172 ext. 244 or asaari@ledgertranscript.com. She’s on Twitter @AshleySaariMLT.