A New Ipswich tea business, Silver Scone Teas, has been embroiled in a protracted legal battle with a group of neighbors. The business, operated from a historic home, faced initial challenges for operating without proper town approvals. Despite these hurdles, recent court and board decisions have largely favored the business, though the neighbors vow to continue their fight.
Key Takeaways
- Neighbors’ appeals against Silver Scone Teas have been dismissed by both the Housing Appeals Board and Hillsborough Superior Court.
- The Housing Appeals Board ordered the neighbor group to pay significant attorney fees to the town and the business owner.
- The court found the Planning Board acted appropriately in approving the business’s site plan.
Legal Battles and Rulings
Silver Scone Teas, owned by Jane Elwell, initially operated without the necessary zoning and planning board reviews. This led to complaints from neighbors and a cease-and-desist order. Elwell subsequently pursued and obtained the required variance and site plan review.
However, a group of neighbors, represented by Nancy Clark, continued to appeal the town’s decisions. Their appeals were heard by the state’s Housing Appeals Board (HAB) and the court system.
Housing Appeals Board Decision
On August 13, the HAB denied a motion for reconsideration filed by the neighbors. The board characterized their continued appeals as "frivolous and unreasonable conduct." Consequently, the HAB ordered the neighbor group to pay $5,000 in attorney fees and costs to the town of New Ipswich and $10,000 to Jane Elwell. The board noted that the neighbors’ arguments were repetitive and unpersuasive, and that the litigation appeared to stem from personal animus towards Elwell, aiming to disrupt her business.
Superior Court Dismissal
Further compounding the neighbors’ challenges, Hillsborough Superior Court – North dismissed an appeal concerning the site plan approval for Silver Scone Teas on November 20. The neighbors’ primary arguments centered on an allegedly undersized septic plan, an insufficient stormwater drainage plan, and the Planning Board accepting the plan as complete despite missing elements.
The court found that the Department of Environmental Services’ approval of the septic plan was sufficient, especially given the business’s limited commercial use. Regarding the stormwater plan, the court determined that the neighbors misinterpreted the town’s regulations, which only require detailed engineering calculations if a project significantly alters drainage patterns. The court also ruled that the Planning Board had all necessary information to deem the application complete, as waivers were properly obtained for any missing documentation.
Future Appeals
Despite these setbacks, Nancy Clark stated that the group intends to appeal both decisions to the NH Supreme Court, criticizing the court’s opinions for not addressing their legal arguments individually.
Sources
- Transcript – Silver Scones neighbors ordered to pay thousands in fees, Monadnock Ledger-Transcript.
- Superior Court dismisses appeal of Silver Scones approval, NH Business Review.