Neighbors challenge Owls Head lunch wagon in court

Posted Feb. 27, 2014, at 9:28 a.m.

OWLS HEAD, Maine — A trio of neighbors have gone to court to block a lunch wagon from operating in their Owls Head neighborhood.

The residents claim that the town planning board approved the lunch wagon last year without giving them notice. They also maintain that the lunch wagon is not allowed in a rural residential zone where they live.

Myles Peter Rogers, Annie Higbee and Reginald LeHouillier, all of Owls Head, filed the appeal Wednesday in Knox County Superior Court. They are asking that their right to appeal the case before the town be reinstated.

In August, the planning board approved a lunch wagon on Ballyhac Road sought by Larry and Donald Keating. The wagon will be called the Beachside Grill.

However, the neighbors who filed suit said they were not aware of the action until November. The neighbors filed an appeal with the Owls Head Zoning Board of Appeals in January but that board rejected it, saying that it was not filed in time.

The neighbors claim that the lunch wagon’s location, near Birch Point Beach State Park, will likely attract a large number of people during the summer, “overwhelming the property with commercial activity in this rural area.”

A telephone message Thursday morning to the chairman of the Owls Head Board of Selectmen but was not immediately returned.

The Keatings could not be reached for comment.

Attorney Paul Gibbons of Camden represents the neighbors.

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