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AYER -- A dispute regarding a shed behind Fresh Ayer Sports has the town's attention as members of the Board of Health and the Building Inspector begin to evaluate the situation.

Jeremy Callahan, a former member of the Planning Board, has raised concerns about Fresh Ayer Sports owner Chuck King's shed behind his location on 3 Park St.

Callahan claims King is selling food products from the shed without proper documentation.

King has a permit to operate a food-service establishment, issued in May and expiring in October, allowing him to sell prepackaged ice cream, chips, soda, sausages, hamburgers and hot dogs from Fresh Ayer Sports, but the items must be based and stored at Lucia's Main Street restaurant.

King is accused of selling and distributing items directly from the shed.

Building Inspector Gabe Vellante has inspected the property and has not issued a cease-and-desist order, but is currently weighing the options on how to handle King's shed.

"The building code doesn't require a permit for a shed up to 200 square feet, but this is not a shed because it is being used as a retail outlet," Vellante said. "If King were to stop his operations and put a snowblower in the shed, it would be fine."

The Board of Health also inspected the site, finding that "as a result of this inspection, it has been determined that (King) is not in violation of the BoH mobile permit that we have issued; he is using the structure for storage only and continues to use the mobile food cart for the operations of this mobile food business.


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According to Board of Health Chairwoman Heather Hasz, "There (were) two possible problems -- one, that the shed may need a building permit, and two, retail selling out of the shed is a Board of Health problem. It Is our responsibility to make sure that food is being served through a permitted facility."

Callahan reached out to the Board of Selectmen over the matter, but Hasz wondered why he didn't come to the Board of Health directly.

"I would welcome any discussion on any alleged food-service violation," Hasz said. "I would encourage any resident to, since we are a public entity."

Callahan said he thought the issue was more of a building and zoning issue than a health issue.

King refused comment on the matter.

Town Administrator Robert Pontbriand referred questions to the Board of Health.

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