Monadnock Ledger-Transcript
Published: 06/08/2022 14:09:06
Modified: 06/08/2022 14:05:48
Silver Scone Teas in New Ipswich was ordered out of business at the end of June, after the business was found to have failed to apply for the proper approvals from the town before beginning operations.
According to city officials, owner Jane Elwell has begun the application process to obtain the special exception needed to operate a business in the rural district.
Rick Donovan, who was the city’s code enforcement officer until his departure in mid-July, issued a cease and desist letter to Elwell on June 29.
According to the letter, the city’s zoning ordinance prohibits commercial use of property in the rural district unless a special exception is made by the Zoning Board of Adjustment. Elwell also did not go through a site plan approval process with the Planning Board, as required.
A special exception is a process that describes specific, permitted uses of land in a district, but that use must meet certain conditions before being approved. In New Ipswich, the applicant must demonstrate that the site is suitable, that it will not adversely affect the area, that there will be no nuisance or danger to vehicles or pedestrians and that the facilities are suitable for use.
A letter sent to Elwell on July 13 from Michael P. Courtney, an Upton & Hatfield attorney representing the city, alleged that although Donovan’s June 29 letter ordered that Silver Scones Tea would cease to operate or be subject to fines, there were complaints that the events were held at the estate on River Road 99 on July 9 and 10, and no applications had been submitted at that time to the Planning Board or the Planning Board to correct planning deficiencies.
Select Board Chairman Shawn Talbot said Elwell has begun the application process to apply for the necessary permits.
“In the village district, there are very few types of businesses that are allowed,” Talbot said. “They should have gotten a special exception before they opened. There were some issues around parking, especially, especially because I think the size of their events has grown.”
The municipality became aware of the violations due to complaints from residents, specifically around the parking lot for events.
Talbot said she spoke with Elwell personally a month before the cease-and-desist letter was issued to obtain the necessary permits, but when she failed to submit an application to the city in a timely manner, the city issued the ‘order to stop operations. .
Talbot said the city has the ability to levy fines if the business continues to operate without receiving the proper permits. Civil penalties start at $275 for a first offense and increase to $550 for subsequent offenses for each day the violation is found to be continuing. Talbot said the Select Board hasn’t made a decision on whether or not to pursue fines, but he expects the business to go out of business until it goes through the board’s processes.
“Our position is to stop holding these business events until we have this special exception,” Talbot said.
Talbot said he personally has no ill will for the business, and while there are logistics to work out, it may be a good fit for the district, although it may need certain restrictions on the size of the event or a parking solution that avoids parking. on the road and disturbing the neighbors.
“I think this has a good community function. I’m supportive of the business as a whole, once it gets the proper permits,” Talbot said.
