Editor’s note: This story has been corrected to remove a quote attributed to Dwayne White, who was recused from the discussion.

After nearly two hours of deliberation Thursday night, the New Ipswich Zoning Board granted Silver Scone Teas owner Jane Elwell a variance to run her business at her home at 99 River Road in Village District I.

A previously approved variance was voided and remanded to the Zoning Board to rehear after abutters and neighbors, led by attorney Nancy Clark, appealed to the State Housing Board. Among the findings of the State Housing Board’s decision was that ZBA member Danielle Sikkila showed bias by “liking” a Facebook post discussing using the house as a business.

The ZBA was scheduled to rehear the case Oct. 5, but delayed it a week after Clark requested that two members of the board recuse themselves, citing comments made at a previous meeting. Clark claimed that ZBA members Dwayne White and Vice Chair David Lage showed bias by making a joke about attending a tea at Silver Scone and cited several other comments she felt indicated bias against the neighbors.

White responded that he made the comment in response to Elwell’s suggestion that ZBA members visit the property, which he felt would enable Zoning Board members to understand the concerns of the abutters.

“I think visiting the property and experiencing an event would allow us to see what the neighbors are concerned about—traffic, noise, whatever it is. But in the interest of moving this matter forward, I will recuse myself from this hearing,” White said.

Lage declined to recuse himself, saying that “this was all public information and there was no bias shown,” Chair Walker Farrey agreed there was no bias.  

White’s recusal left the ZBA with four members voting in the hearing:  Farrey, Lage, Brett Kivela,  and Jay Hopkins, which meant the decision would have to be 4-0. Elwell confirmed she was fine with four members voting.

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The ZBA discussed and reviewed all the points of the variance request, concluding that Silver Scone Teas would not be contrary to the public interest and would benefit the public.

“The business is limited to four days a month, it serves the public, and disturbance to the neighbors is very limited. I feel this business enhances the town. It brings people into town. It is line with other businesses in the neighborhood, and it fits the character of the neighborhood,” said Lage.

Farrey agreed that the use of the property is not contrary to the spirit of the ordinance, and noted that businesses are allowed in District 1.   Lage said the business “meets the spirit of the ordinances and the master plan of New Ipswich,” which supports small businesses in town.

“There are a lot of other businesses, frankly, in that neighborhood which would be allowed which would be a lot more disruptive,” Kivela said. “A tea room is not specifically listed in the list of variances, but it’s impossible to list every type of business there is.”

In response to complaints from abutters about noise, traffic safety and signage, the board noted that town ordinances cover all three issues, and that the variance would include requirements that the business follow all town ordinances. Abutters also expressed concerns that having the tea business operating in the neighborhood would lower their property values due to traffic and disruption, particularly in the summer, when tea parties would be outside.

Lage stated he had both spoken to a real estate agent, who stated they did not believe the tea room would negatively affect or diminish property values. Farrey noted that a condition of the variance would be that the property must be well-maintained, which would be beneficial to the neighborhood.

“This a large property with 33 acres in easement, and I understand that the events will include walks in the woods in the summer. That is the purpose of having conservation land in the village, so it is beneficial to the community,” Farrey said.

Board members said that in response to concerns, Elwell had provided off-street parking and installed screening. They also felt Elwell had demonstrated clearly why the business was a fit for the property, given the historic nature and aesthetic properties.

“Nothing in this business is a detriment to the public. The use is very similar to other variances,” Lage said.

Conditions of the variance include a requirement temporary signage be removed immediately after each event, a limit of events four days a month between 9 a.m. and 6 p.m. and that no more than 50 people attend an event or events in one day. The variance allows for tea party events only. Farrey said that the variance does not include a wetlands setback variance, which will go through the Planning Board.

Clark and the other abutters were disappointed with the decision. Clark said she definitely did not consider the matter resolved, and would be taking future steps.

“You wouldn’t want this business in your neighborhood,” one abutter said. “It’s definitely not over.”