Neighbors to Silver Scone Teas on River Road in New Ipswich have appealed a Zoning Board decision that granted the business the right to operate in one of the town’s village districts.
Richard Craig and Sharin Smeeth, through their attorney Nancy Clark, have appealed the decision, granted on Dec. 6, to allow Silver Scone, owned by Jane Elwell, to continue operating up to four days a month.
Board members will hold a hearing on the matter during a specially scheduled meeting Jan. 19. At Clark’s request, an appeal of another decision related to Silver Scone Teas, the granting of a driveway permit for a parking area for the business originally scheduled to be discussed on Jan. 5, will also be reviewed at that meeting.
Silver Scone Teas had been in operation in Elwell’s home, but without going through the proper town approval process. The town issued a cease-and-desist order last summer, after which Elwell filed for a variance with the Zoning Board.
Clark’s appeal alleges 14 errors in the board’s decision to grant the variance, including that it failed to properly consider all five criteria required to grant a variance, that one of the board members had expressed bias outside of a meeting and that the board failed to follow proper procedure.
Clark alleges that the board did not state specific findings in its decision, as required by law. By not doing so, Clark argued, the board had denied her clients the right to meaningful judicial review. Clark also argued that the board had failed to properly consider all criteria required to grant a variance and that Elwell had not provided sufficient proof that she met the criteria.
According to Clark, the board failed to allow all abutters to participate in a site walk which had been held at the site in August. She claims interested parties had been allowed outside the home, but not inside, despite the board being allowed inside and having a quorum, and thus a legal meeting. Clark also alleged the board had not complied with a request for her to receive documentation submitted to the board in advance of all hearings, in violation of the right-to-know law.
While businesses are allowed in the district by special exception, a tea party event business is not one of the types allowed. Clark argued that Elwell should have been required to meet the special exception criteria once the variance was granted, and had not been.
Clark also objected to the participation of board member Danielle Sikkila, alleging she had shown bias by “liking” a post on Facebook written in defense of Elwell and the business.
There was also an objection to a request at the Dec. 1 meeting, in which the board initially requested that Clark read all statements for her clients, and when Clark objected, requested that comments be limited to three minutes, although that requirement was also withdrawn when Clark pointed out no other parties had been limited in their comments.
Ashley Saari can be reached at 603-924-7172, Ext. 244, or asaari@ledgertran script.com. She’s on Twitter @AshleySaariMLT.