The New Ipswich Zoning Board agreed Thursday in a 3-0 vote to approve a variance request to allow the operation of a tea party event business in one of the town’s village districts, finding it was no more disruptive than other businesses allowed by special exception in the area.
Silver Scone Teas is a business run out of 99 River Road, the residence of owner Jane Elwell, for tea parties and related events. Despite running the business for several years, Elwell did not receive the required variance to open a business in the Village District II, which is mainly residential, but does allow specific types of businesses after a Zoning Board process.
The town issued a cease-and-desist to Elwell this summer, after complaints related to her business, including that parking for her events were crowding the residential street, after which Elwell applied to the board for a variance to allow her tea party business to continue.
The hearing, which has been continued several times since first coming before the board in October, included another round of public comment featuring residents on both sides of the issue.
While one of the main objections of neighbors in the area of River Road, where Silver Scones is located, is that a business changes the character of the residential neighborhood, the board disagreed, noting that while not allowed by right, the Village District II does allow certain types of businesses by special exception, including enterprises such as inns, bed-and-breakfasts, day cares or nursing homes.
“I think that would be more disruptive,” said board member David Lage.
Lage pointed to those allowed businesses several times when debating the requirements for granting a variance, including when considering whether a tea party business was contrary to the spirit of the ordinance, and whether a strict interpretation of the ordinance would be an unnecessary hardship to the owner.
“It equates to what they’re doing,” Lage said, comparing what businesses might be allowed in the district with Silver Scone’s model. “Very similar things are allowed.”
Walker Farrey, acting as chair during Thursday’s meeting, said the one of his stumbling blocks was whether the business “alter[ed] the character of the neighborhood.”
“That makes me chew a little bit,” Farrey said.
Farrey said while immediate abutters may have a different view, he felt the overall public was served by having the business in town.
Conditions proposed by Elwell would allow the business to operate four days every 30 days – clarified by the board in their approval to four times per calendar month – and have up to 50 people per day. Those 50 people could be for a single event, or split over multiple seatings. Originally, it was proposed the events could occur any time between 9 a.m. and 9 p.m., but the board, with agreement from Elwell, reduced that to between 9 a.m. and 6 p.m. in their approval.
Ultimately, the board unanimously agreed that the proposal met all requirements for a variance, and approved the application in a 3-0 vote. One of the conditions for approval was that the proposal also receive approval from the Planning Board.
In related news, Nancy Clark, an attorney representing a group of abutters and near neighbors to the Silver Scone business, has appealed a decision of the Select Board to uphold the issuance of a driveway permit to the business.
Elwell applied for the permit to widen an existing driveway to a cleared parking area she intends to use for off-street parking for the business. Clark, on behalf of her group of clients, appealed the decision to issue the permit on several grounds, which requested the permit be rescinded and the town issue a stop work order on any further work to the driveway or parking area. The Select Board upheld its original decision. Clark has now appealed that decision to the Zoning Board of Adjustment, which has scheduled a hearing on the appeal for Jan. 5.
Ashley Saari can be reached at 603-924-7172, Ext. 244 or asaari@ledgertranscript.com. She’s on Twitter @AshleySaariMLT.