A daily estate sale at 38 Townsend Avenue in Boothbay Harbor, which raised eyebrows and caught the attention of town officials, is not prohibited by any current town ordinances, said Planning Board Chairman Tom Churchill. His remarks to the board of selectmen came during a Sept. 12 regular meeting after the town sought guidance on what is an acceptable amount of time for casual sales of tangible property. As it stands now, nothing is on the books to prevent such an extended sale and any ordinance would affect existing retail businesses that have goods on their sidewalks.

“We found it hard to differentiate what is happening at one site from what is happening across the street, let’s say,” said Churchill. “If we try and restrict that in the business district it may have a negative impact on many businesses. How do you tell one location you can’t display things and yet tell other businesses they’re allowed to?”

According to Churchill, the issue is specific to the business district and not a concern in residential areas of town where sales are generally conducted on a temporary basis.

At the Townsend Avenue location in question, the goods for sale have ranged from desks to bed frames, lobster buoys and even what appears to be a wagon wheel. The property owner has previously stated he was simply trying to sell unwanted goods after his mother died. In addition to the items on the sidewalk, numerous goods are for sale inside the first floor of the residence which was formerly occupied by an Asian nail salon. As for the long term, the owner said he is trying to free up space to create an art gallery.

“The complaint is generated by one specific situation but it’s an annually recurring specific situation,” said Selectman Wendy Wolf. “It’s in a highly visible, downtown business district. It has generated concerns by shop owners and others. I certainly don’t want to put ordinances on the books for minor things but this does impact tourism and the public presentation of the town to outsiders.”

Boothbay Harbor resident Merritt Blakeslee asked Churchill if the fact an entity has a business license or not would factor into any prospective ordinance. 

“It’s a good question and we can review that,” said Churchill. 

Selectman Mike Tomko pledged to look into the issue further through his work with the Lincoln County Commissioners. For now, the sale can stay until further clarification on what is acceptable.

“This is a very slippery slope we don’t want to go down yet,” said Churchill.