An Edgecomb couple has filed a lawsuit against the town and planning board regarding a decision allowing a dog kennel to change its zoning designation. In August, the planning board changed The Coastal Dog’s zoning designation from commercial to agricultural. The kennel was classified as a commercial operation at its previous location.

But when The Coastal Dog’s owner Alesia Norling moved the location from 478 Boothbay Road to 144 Middle Road, she requested the change. This allowed Norling to avoid seeking a permit and site plan review by the planning board.

The Coastal Dog’s arrival into the neighborhood wasn’t welcome news for Mike and Kate Kastelein. The couple’s property abuts the kennel. The Kasteleins maintain noise levels emanating from barking dogs exceed the town’s land use ordinance.The Kastelein filed a civil lawsuit last month in Wiscasset Superior Court.

The couple isn’t seeking monetary damage, but they want the court to allow them to appeal the planning board’s decision.

In September, the appeals board ruled it had no jurisdiction over the matter. The selectmen received notification of the lawsuit through a letter from lawyer Bill Dale of the Portland law firm of Jensen, Baird, Gardner & Henry. He is representing the town and planning board on the complaint.

According to the letter, the Kasteleins are seeking a judicial determination that would “allow a local administration appeal to the planning board’s ruling.” Basically, the lawsuit is asking the court to require the town’s board of appeals to hear the case. If that part of the suit isn’t successful, the Kasteleins are asking the town to enforce the noise provisions of the land use ordinance.

During the Nov. 3 selectmen’s meeting. board chairman Jack Sarmanian read the letter which named the town and planning board in the complaint.

“The Kasteleins’ appeal appears to be late,” wrote Dale. “The complaint is asking the court to proceed with the appeal despite the tardy filing. The second part of the lawsuit deals with the noise determinants of the land use ordinance. I need time to research both claims.”

If a noise determination is required, it would be the town, not the Kasteleins or The Coastal Dog, who would be required to pay for the noise test. Dale explained that since the planning board didn’t require a permit or site plan review, it couldn’t now require the applicant to pay for the test.

No date has been set for the lawsuit.

Engelbrekt Road right-of-way dispute

In other action, the selectmen ruled in favor of the road commissioner concerning an Engelbrekt Road right-of-way dispute.The board ruled unanimously that the town was entitled to continue using a turnaround located on a privately owned section of the road. The town has plowed and trimmed trees for years on the property. The complaint was made by Topher Belknap who has owned the turnaround located on the Engelbrekt Road extension since 2002.

Last year, and again this fall, Belknap asked Road Commissioner Scott Griffin to stop maintaining the turnaround. The dispute resulted in the matter being brought to selectmen last month. On Oct. 20, Dale advised the board if the town had maintained the turnaround for 20 years or more, it had a legal responsibility to continue.

Last week, Griffin produced two pieces of evidence showing the town had maintained the property for more than 20 years. He provided a letter written from the Giles family which maintained the town’s roads including the Engelbrekt Road turnaround between 1975-84. He also produced evidence from his family’s long history in serving as the town’s road commissioners. Griffin succeeded his father as road commissioner.

Dale advised the board last month to play referee to resolve the matter. The board sided with Griffin November 3. But the selectmen still needs to determine what type of work is allowed. Dale advised the work must be consistent in what has been done in past years.

Belknap said the work, such as snow plowing, has taken on a different scope in recent years. Griffin disagreed and urged the board to define what could be done in the turnaround.

“This is exactly why we are here,” Griffin said. “I need the town to delineate what the town can maintain and use as a turnaround so we can avoid this situation in the future.”

The board will seek Dale’s opinion to decide the scope of work can be done in the turnaround. Dale will attend the meeting in two weeks advising the board on the civil lawsuit and turnaround matter.

The selectmen will meet next at 6 p.m. on Monday, Nov. 17 in the municipal building.