Neighbors' appeal against Owls Head business thrown out
Owls Head — The Zoning Board of Appeals unanimously voted Jan. 31 not to move ahead with an appeal filed by a group of neighbors who oppose a take-out food stand on Ballyhac Road.
The board voted against hearing the appeal because under town ordinances an appeal must be filed within 30 days after a project's approval, said Zoning Board of Appeals Chairman Rod Mason.
The Owls Head Planning Board approved permits for Beachside Grill in August 2012, to be operated as a "home occupation/home-based" business. It is located at 89 and 90 Ballyhac Road, which is the road that goes to Birch Point State Park.
Friends of Ballyhac Road, a group of 23 neighbors, wrote to the zoning board in January arguing the project should not be allowed because the business does not meet zoning criteria for a home-based business and instead is a commercial restaurant. The property is in the town's rural-residential zone, which does not allow commercial businesses or restaurants, according to the ordinance.
Mason said the Friends group attended the hearing with an attorney and there was "great dismay" after they learned the appeal would not be heard. He said it was unclear at the meeting if the group will seek civil action.
Between 15 and 20 people attended the meeting, which lasted about an hour.