The complaints of Edgecomb couple Michael and Kate Kastelein against a dog kennel that moved next door in August has culminated in a superior court complaint.
On Oct. 24, the Kasteleins, represented by Tamlyn M. Frederick, of the Birney & Frederick law firm, filed an 80B appeal of government action in Lincoln County Superior Court against the Edgecomb Planning Board and the town of Edgecomb.
The appeal seeks to reverse an Aug. 7 decision by the Edgecomb Planning Board to classify The Coastal Dog Inc., owned by Alesia Norling, as an agricultural use rather than a commercial business. Businesses with an agricultural use designation do not require a site plan review or permit, according to town ordinances.
“We’re just trying to get them to do a site plan,” Kate Kastelein told The Lincoln County News. “We want this business to be considered a commercial entity because we feel that they should be held to the same rules and regulations as any commercial business in Edgecomb.”
The Kasteleins initially attempted to appeal the planning board’s decision to the Edgecomb Appeals Board; however, Edgecomb had failed to update online information about the appeals process.
The appeals board was unable to hear the Kasteleins’ complaint due to a 2008 amendment to the Edgecomb Land Use Ordinance that required appeals of Edgecomb Planning Board decisions to be submitted to the Lincoln County Superior Court within 45 days.
In addition to the 80B appeal, Frederick submitted a motion to extend the time frame for filing the appeal. The Superior Court granted the extension and will consider the appeal.
“Not one person has contacted me about this,” Alesia Norling said. “Not a phone call, not a letter, not a text; it’s like an episode out of ‘The Twilight Zone.’ The only time I learn anything about this is when I talk to someone from the paper.”
“It’s very confusing,” said Jack French, chair of the Edgecomb Planning Board, about the appeals process. “I’m a lawyer and it’s quite confusing for me. I don’t know what’s going to happen with it.”
According to French, the planning board gave The Coastal Dog Inc. an agricultural use designation because the Maine Department of Agriculture is the state agency responsible for issuing kennel licenses.
“I’m not sure what the difference would be,” French said about reclassifying the kennel as a commercial business. “It requires a site plan review by the planning board, but the ordinance has no special restrictions for kennels.”
The decision to designate the kennel as an agricultural use passed the planning board in a 4-1 vote, with Barry Hathorne as the only board member opposed.
According to Kate Kastelein, Haggett Hill Kennel in Edgecomb has a commercial designation.
Norling said every kennel she has worked with has had an agricultural use designation and that she approached the town before buying the property to ensure that she would be able to operate a kennel at the location.
The Coastal Dog Inc. relocated from 478 Boothbay Rd. to 144 Middle Rd. and began operations on Aug. 25.
The Kasteleins have approached the Edgecomb Board of Selectmen with complaints about noise from the kennel. The noise complaints, however, are a separate issue not addressed in the superior court appeal, Kate Kastelein said.
On average, The Coastal Dog Inc. boards 7 to 15 dogs, all of whom come to the house first for a meet and greet. “We’ve turned away plenty of dogs for being too loud,” Norling said. “This is not a typical kennel. It’s a house. If the dogs are up, I’m up.”
In addition to asking the planning board to reclassify The Coastal Dog Inc. as a commercial business in order to submit it to a site plan review and permitting procedure, the Kasteleins’ complaint is asking for reimbursement for attorney’s fees and costs incurred for filing the suit.
The complaint was briefly mentioned at the Nov. 3 Edgecomb Board of Selectmen’s meeting, where it was announced that attorney Bill Dale would represent the planning board and the town in the matter. The complaint will be further discussed at the Monday, Nov. 17 selectmen’s meeting that Dale, Frederick, and the Kasteleins are expected to attend.
“We have lived in this house for 15 years and have never had a problem with the town or any of our neighbors,” Kate Kastelein said. “When the Coastal Dog moved in, we attended two meetings with the town and filed appeals ourselves before hiring a lawyer.
“We’ve never been to court for any reason and are not litigious people. This business sought and was granted agricultural status in order to circumvent a site plan and therefore the abutters, which includes us, are totally unprotected against noise, traffic, and general disturbance of our peaceful lifestyle.”
