Some 43 residents of the neighborhoods surrounding Gammon Lawn Care in York Harbor filed a petition Monday night with the Board of Selectmen, seeking the initiation of court proceedings against owner Josh Gammon.
This is the most recent in a series of actions that go back more than a year, with neighbors complaining that the town has not dealt in a timely manner with their concerns. They say these issues include noise pollution and problems with dust and other particulate matter drifting into abutters’ properties.
Gammon, for his part, has maintained he is running a business that is substantially the same as that of the late Peter Marcuri, who ran an excavating business and from whom Gammon bought the property.
The petition asks the selectmen to initiate so-called “80K” court action for land use violations, specifically regarding a cease and desist order issued against Gammon in July and that they say Gammon has ignored in the more than 50 days since. The district court-level legal procedure is intended to settle disputes that code enforcement officials have been unable to resolve through administrative means.
The board did not discuss the petition and took no action Monday night. Town Manager Steve Burns said Tuesday that he has already scheduled an executive session between the board and town attorney Mary Costigan before the next board meeting Oct. 16.
But Burns has stated at a past meeting that Costigan feels an 80K procedure is not appropriate in this case, because Gammon is trying to comply with the town.