Owners Ariane and Tom Ice will be able to run the tasting room they created at The Farm at Wolf Pine Hollow, after the Hancock Select Board rescinded its decision to require a site plan review for the room.
The Select Board had previously decided the proposed tasting room required a site plan review and approval by the Planning Board before it could start serving farm meals, beer and wine. The tasting room, which would seat up to 20 guests, is finished, and the Ices have acquired the food service licensing they need from the state.
At the time of the original administrative decision, Select Board members told the Ices that they had the right to appeal the decision to the Zoning Board of Adjustment. The Ices submitted an appeal at the end of October, and the ZBA denied the appeal request on Nov. 9.
The Ices, who are both attorneys, then filed a 48-page motion for rehearing to the Hancock ZBA, which they said was required before they took the case to a higher court.
The motion for rehearing argued that the Ices were operating under state agricultural statutes, that the tasting room was not a “significant expansion” of farming activities and that the site review requirement was “arbitrary, capricious and unreasonable,” as well as a number of perceived procedural errors that the Ices argued were grounds for a rehearing.
The ZBA granted a rehearing on procedural grounds. However, Hancock Town Attorney Steven Whitley emailed the Ices to let them know he and the ZBA chair, Hunt Dowse, had decided that the Select Board’s decision to withdraw their administrative decision meant that the appeal to the ZBA “is now moot” so the rehearing was canceled.
The Ices run a multi-state online law firm, Ice Legal. On their website, they list one of their practice areas as agricultural and farming litigation. In that section, they state: “It is the public policy of New Hampshire to encourage the pastoral atmosphere of farming and protect farming as a historically significant business in the region. Thus the state statutes safeguard the sharing of the farming lifestyle through agritourism and agritainment. These overriding state policies are often at odds with the local interests of townships, conservation groups, and abutters. We represent farm owners who find their farming interests under attack from these anti-farming interests.”
In 2020, the Ices bought six parcels of land totaling over 100 acres on Middle Road. The properties included residences on forested land. They connected the properties and cleared space in order to create their farm. They have converted existing houses on the property to lodging for overnight guests at the farm. Ariane described the business as a “luxury farm experience”or “FarmLuxe.” They are ready to start hosting guests this month.
In the Select Board’s Jan. 3 letter to the Ices, they wrote, “Moving forward, the Board seeks a reset with the Farm and again extends an invitation to learn more about the Farm’s aspirations for its operations here in Hancock.” They emphasized that the town’s agricultural and farming history is important to the community and ended the letter with, “You are certainly not required or obligated to come in and talk to us, but we hope that you do.”
New Hampshire agricultural statues were revised in 2017 to expand the activities farms are allowed to practice. The revisions were made to encourage farming and to give farmers the opportunity to supplement their income with activities that would fall under agritourism. They also limited municipalities ability to regulate agritourism.
The Ices believe the new statutes complicated matters with the town.
“Anytime there’ s a new statute, there’s always that time afterwards to work out,” Tom said. “Everything is subject to interpretation.”
The Ices are happy with the decision, and Ariane said, “We hope to have a good working relationship with the town.”
Select Board Chair Laurie Bryan and Town Administrator Jonathan Coyne did not wish to comment further on behalf of the town.