The Edgecomb planning board wants selectmen to take action against what it perceives as an illegal subdivision.

The planning board presented information to selectmen and town attorney Bill Dale on Dec. 29 regarding the Salt Point Subdivision located on River Road.

The subdivision is owned by several members of the Rio family, according to Planning Board Chairman Jack French.

The planning board approved the 14-lot subdivision in August 2010. The board approved the subdivision as single family lots and three additional lots were set aside for the family.

The board also approved a community dock and mandated that the access road not be improved, and that the three family-owned lots not be sold for five years.

The planning board presented documentation on Monday that it believes shows the subdivision violated all three requirements.

French said the planning board became aware of the alleged violations after it approved a building permit in November for a pier on the subdivision.

A few days later, the board learned the pier wasn’t for one of the original 14 subdivisions approved, but rather one of the three plots set aside for the family.

According to French, the sale violated the five year provision, and the sale created a 15th lot, which didn’t meet more stringent town and Department of Environmental Protection subdivision standards.

The planning board also alleged that the access road had received significant improvements, which also violated the original plan.

Dale indicated he would review the matter so he could advise the selectmen on their enforcement obligations. But based on the planning board’s claims, he believed the subdivision appeared to violate both the town’s and state’s ordinances.

“As you explained, Jack, there seems to be a problem here,” Dale said. “Before I give you a final opinion I want to look at it, but it definitely sounds like a problem.”

French also said the state DEP has contacted him and was investigating the situation.

Dale said when a subdivision is approved “it’s as-is,” and  the smallest change violated the ordinance. He advised the problem could go away if the property was conveyed back to the family, or if the changes were deemed minor, then the planning board could simply allow the modifications.

However, Dale said it was important to enforce the rules if evidence showed changes had breached the ordinance.

“If the subdivision is found in violation, then the taxpayers shouldn’t have to pay the legal bills,” he said. “It could turn out to be a serious problem, and if the town doesn’t take action then nobody will obey any ordinances.”

In other action, Dale updated the board about the civil lawsuit filed by a Middle Road couple against the town and planning board. Dale said there was a chance the case may not be heard. The case was filed in Wiscasset Superior Court, but the judge was still considering whether to hear the case.

Dale said the couple — Mike and Kate Kastelein — didn’t file the appeal in a timely matter, and the judge was still considering whether to hear the case.

In their lawsuit, the Kasteleins claim the town erred in its decision to classify a nearby dog kennel as an agricultural use rather than a commercial one.

The couple also want the town to enforce the noise ordinance. The Kasteleins claim last summer that barking dogs from The Coastal Dog were a nuisance.

Dale advised that Code Enforcement Officer Marian Anderson was responsible for enforcing the noise ordinance, not the selectmen. Dale will contact Anderson about whether she perceived the barking dogs as a problem.

If she does, a noise expert may be required to monitor the barking. Dale said the town couldn’t compel the kennel owner to pay for the test. He said it was the town’s or the Kasteleins’ responsibility. 

Dale is expected to discuss the situation with Anderson and report back to the selectmen.

The next selectmen’s meeting is at 6 p.m. on Monday, Jan. 12 in the municipal room.