The Hillsborough County Superior Court’s Land Use Review Docket will take up the latest appeal related to a tea party business in New Ipswich.

Neighbors of Silver Scone Teas, located on River Road in New Ipswich, have appealed multiple decisions related to the zoning and planning board approvals of the business, including to town boards, the Superior Court and the state’s Housing Appeals Board.

The review docket has set up a scheduling conference related to the case on July 24 in Hillsborough Superior Court, which can also be viewed via Webex, a remote video option.

The Superior Court established the Land Use Review Docket in 2023. It has jurisdiction to hear appeals to the Superior Court from municipal planning boards, zoning boards, historic district commissions and conservation commissions. It does not address appeals of decisions by state agencies, or property disputes between private citizens.

Neighbors who object to the tea party business being allowed in Village District I had previously filed appeals with the Superior Court, which were ultimately dismissed without prejudice, as the court ruled that the Silver Scones approval was not finalized because owner Jane Elwell had yet to fulfill all the conditions attached to the approval.

On May 15, the Planning Board reviewed the status of those outstanding conditions, and ruled that all conditions that must be fulfilled before the business can move forward had been met, triggering the filing of the new appeal.

The neighbors, through their attorney Nancy Clark of New England Real Estate and Land Use Law, who is also a neighbor and one of the parties in the suit, allege there are numerous points where the Planning Board erred in approving the Silver Scones application.

The first relates to handicapped parking, where the neighbors allege that the provided spot is in the driveway and blocks Elwell’s garage, which is not allowed under the town’s zoning ordinance. Also related to parking, the neighbors allege that the town requires that parking areas larger than four spaces be surfaced for year-round use, and that the Planning Board’s engineer had not made a finding whether the proposed gravel lot met that standard.

Another claim is that the proposed stormwater drainage, in particular a rain garden within 50 feet of a wetland setback, violates the town’s zoning requirements. The neighbors also allege the septic design plan submitted by Elwell is undersized for the maximum number of guests and staff proposed, and that the stormwater drainage plan is insufficient.

Another allegation is that the application was not complete when it was submitted, including lacking a stormwater drainage plan, lighting plan, snow removal plan, construction drawing or phasing of construction.

In their appeal, neighbors requested that the case be transferred to the Land Use Docket – which has occurred – and to overturn the planning board’s approval of the Silver Scone site plan.

Ashley Saari can be reached at 603-924-7172, Ext. 244, or asaari@ledgertranscript.com. She’s on X @AshleySaariMLT.