No barking. No problem. The Edgecomb selectmen received news on Nov. 17 that tension between a local dog kennel owner and her neighbor has eased since the noise levels have been “greatly reduced.”

In September, Mike and Kate Kastelein complained that the barking dogs housed at The Coastal Dog had become a nuisance. The couple complained to the planning and appeals boards before providing the selectmen with three week’s of data alleging the barking exceeded noise levels permitted in the land use ordinance.

Attorney Tamlyn Fredericks reported to the board on Nov. 17 that the situation had improved after the couple met with the selectmen last month. The Kasteleins met with the  selectmen on Nov. 3 and  presented data regarding the noise levels created by the barking dogs over a three-week period in September.

The Kasteleins claim the data shows the barking exceeded acceptable limits in the ordinance.

The couple also informed the selectmen on Nov. 3 about their intention to file a civil lawsuit. The Kasteleins filed the complaint on Nov.14 in Wiscasset Superior Court. The lawsuit names the Edgecomb planning board and town of Edgecomb as defendants.

In September, the couple protested the planning board’s decision to classify the kennel as an agricultural use instead of commercial. The agricultural designation allowed The Coastal Dog to avoid a site plan review when it moved from 478 Boothbay Road to 144 Middle Road in August.

Fredericks added that the Kasteleins didn’t want the town to revoke The Coastal Dog’s permit, or have the business shutdown. The couple’s major objective is to have the town conduct a site plan review as it would for any commercial entity.

Fredericks said the situation had improved to a point where town no longer needed to investigate the noise levels. The purpose of the lawsuit was to hold The Coastal Dog owner Alesia Norling to the same standards as any other commercial operation, according to Fredericks.

“The noise levels have decreased significantly,” she said. “It has been a positive situation recently for my clients with some exceptions,” Fredericks said. “The noise isn’t an issue now, nor do we want it to become one later. The Kasteleins want a site plan review completed just like any other business.”

The Kasteleins claim the planning board “committed an error in law” in classifying the kennel as an agricultural use rather than a commercial one. The agricultural designation allowed The Coastal Dog to avoid a site plan review when it moved from 478 Boothbay Road to 144 Middle Road in September.

The lawsuit asks the court to rule on two points. The first asks the court to determine whether the town’s appeals board had jurisdiction over the matter. When the Kasteleins challenged the planning board’s decision in September, the appeals board ruled it had no jurisdiction over the matter.

The second part asks the court to make its own determination about the law, and send it back to the planning board “to take whatever action in accordance of the ruling,” said Fredericks.

Fredericks stated her clients viewpoints to the selectmen during the meeting. Board chairman Jack Sarmanian said the selectmen needed to consult with the town’s attorney prior to responding to her clients’ claim. Town attorney Bill Dale wasn’t able to attend the meeting.

“We really can’t respond to any of these points until we’ve spoken to Mr. Dale,” Sarmanian said.

Fredericks told the board she didn’t need to meet with Dale. She said the two lawyers would continue to correspond by email.

So far, no date has been set in Wiscasset Superior Court.

In other action, the selectmen tabled acting on an Engelbrekt road’s man request to limit how much of his property was maintained by the town. Last month, the selectmen ruled that Road Commissioner Scott Griffin could maintain a turnaround located on Topher Belknap’s property. Now the question is how much land can Griffin maintain.

The selectmen ruled Griffin couldn’t go beyond what the town has maintained for the past two decades. Belknap claims Griffin has plowed more territory in recent years. He wants to limit the area to about 40 feet. He claimed after the Nov. 9  snowstorm Griffin plowed a 60-foot section. 

“He (Griffin) is plowing sections he has never done before. It’s ridiculous,” Belknap said. “He said the town has always plowed a section the size of about two trucks or 40 feet wide. He’s now plowing a section about 60 feet wide.”

The selectmen plan on staking out the disputed area to see where the plowing is taking place. The board plans on taking pictures of the turnaround and make ruling on Belknap’s request in two weeks.

The board will meet next at 6 p.m. on Monday, Dec. 1 in the municipal room.