Thomas and Kathleen Bryant said the Wiscasset Planning Board’s vote Monday reapproving a project on JB’s Way was exactly what the couple expected to happen.

But they are not done trying to stop Allen Cohen from storing fireworks in the approved addition to his storage building.

Thomas Bryant said they plan to go back to the Wiscasset Appeals Board; they also recently filed a court appeal against the town, Cohen and other parties.

The couple maintain that fireworks shouldn’t be stored near their home and other homes.

On Monday night, they presented the board with a petition of signatures they said came from 48 people who either live or own property within a half-mile of Cohen’s storage building.

The petition opposes storing fireworks there. The Bryants argued that Cohen should only be allowed to store other merchandise, not fireworks.

“It’s the safe thing to do,” Kathleen Bryant told the board.

Another resident of the neighborhood, Larry Elwell, expressed concern that a fire could occur and spread across a field to his property.

“There’s no way a fire department could get there in time if it goes across that field,” he said.

However, Wiscasset Fire Chief T.J. Merry had no issues with the site, Cohen responded. Wiscasset zones the area as rural, and does not bar fireworks storage there.

“It’s a permitted use,” Cohen said.

Planning Board Chairman Ray Soule and the town’s attorney in the matter, Mary Costigan, said the board was doing its job by approving the project.

“If we were to deny this application, we would be going against the ordinances. So we really have no choice,” Soule said.

Monday’s vote was the third time the board approved the project; the first nod came in late summer 2014, the second in fall 2014 after the Wiscasset Appeals Board returned it to the planning board.

The building addition is now about 90 percent complete, Cohen said later Monday evening. Like the Bryants, Cohen said the meeting’s outcome was what he expected.

Cohen serves on the planning board. He and fellow member Karl Olson, Cohen’s surveyor on the project, left the board’s table in the municipal building’s meeting room and took seats in the audience for the discussion prior to the vote. They and new board member Larry Barnes later abstained from voting on Cohen’s application. The other members approved it 6-0.

The Bryants have also appealed to Lincoln County Superior Court, for a review of the town’s actions in connection with the addition. The appeal claims the town broke state law and the Maine and U.S. Constitutions in handling the proposal.

As of Thursday, the court file on the appeal had no papers submitted by the town, Allen Cohen or other co-defendants. Town Manager Marian Anderson on Friday said the town had yet to be served in the matter. The appeal was filed Dec. 23. The Bryants’ proposed schedule for proceedings in the appeal was filed Jan. 2.

Among the complaint’s claims, the Bryants raise a conflict of interest issue regarding Allen Cohen’s membership on the planning board. The complaint claims that at a September 2014 meeting at which the board approved the addition, Cohen “directly advocated for approval ... in an attempt to influence the planning board’s decision.”

According to minutes of an Oct. 23, 2014 appeals board meeting, Olson said he and Cohen sat in the audience when the planning board dealt with the application.

“(Olson) reports both he and Al Cohen abstained from sitting on the board and were members of the audience. Both were being objective and avoiding a conflict of interest,” the minutes state. “Ray Soule reported Mr. Cohen did not try to influence the board.”

Due to the pending court matter, Wiscasset Appeals Board Chairman Susan Blagden declined comment on the Appeals Board’s proceedings involving the addition.

The Bryants’ court complaint names Allen Cohen, Melissa Cohen, Big Al’s Outlet and the town of Wiscasset as defendants. It asks the court to vacate the actions of the planning board and the town’s code enforcement officer; and block the Cohens and Big Al’s Outlet from storing fireworks on the Cohens’ property that, according to the complaint, abuts theirs.

Melissa Cohen declined comment Friday.

Speaking with reporters after Monday’s meeting, Thomas Bryant reiterated the couple’s contention that, due in part to the pending court appeal, the planning board does not have jurisdiction over Allen Cohen’s application.The Bryants also made the point In a Jan. 5 letter to Soule.

Soule said Monday’s discussion was being held to listen to what the Bryants had to say.