Neighbors oppose Owls Head food stand in court
Rockland — Neighbors of a proposed food stand in Owls Head have taken the matter to Superior Court, seeking a judge's determination of what will happen with the property.
The complaint, filed by three neighbors, Myles Peter Rogers, Annie Higbee, and Reginald LeHouillier, requests the revocation of a building permit after the town's zoning board of appeals dismissed their appeal in January.
The plaintiffs claim the permits issued for the stand violate the town's zoning laws because the area is designated as a rural residential zone, according to the complaint. They fear traffic at the lunch stand will disturb the peace of the area.
The plaintiffs are also seeking the judge reinstate their right to appeal the decision to the zoning board of appeals.
The defendants are listed as Larry and Donald Keating. The plaintiffs said the men do not own the property but were issued a permit of use by the town.
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.
The plaintiffs are represented by Camden attorney Paul Gibbons.