An Edgecomb couple claim noise from a nearby dog kennel is a nuisance.

Mike and Kate Kastelein told the Edgecomb Board of Selectmen on Oct. 20 that barking dogs from The Coastal Dog disrupts the neighborhood throughout the day and night. 

The Kasteleins maintain the barking consistently generates noise levels that exceed the town’s land use ordinance.

The couple’s property abuts the kennel.

The selectmen want to hear from the Code Enforcement Officer Marian Anderson and The Coastal Dog owner Alesia Norling before deciding whether to investigate the matter. Neither Anderson nor Norling attended the meeting.

“I think we need to hear what Marian (Anderson) thinks,” said Bill Dale, an attorney with the Portland law firm Jensen, Baird, Gardner & Henry who provided the selectmen with legal advice. “I want to know if she thinks the noise levels are appropriate. If they aren’t, then an investigation will proceed. And the noise levels will be monitored by a professional on (Norling’s) nickel.”

The noise problem began in September when The Coastal Dog moved to 144 Middle Road from its previous location at 478 Boothbay Road.

The Kasteleins monitored the noise levels for a three week period beginning on Sept. 26. They claim their survey shows the nearby kennel is violating the land use ordinance restrictions on excessive noise.The couple was represented by their lawyer, Tamlyn Frederick, a partner with the law firm Birney and Frederick, LLC in Portland.

“It’s not a one-time occurrence. Noise levels exceed permissible limits every day,” Fredericks said. “There’s enough evidence to induce an investigation to ensure compliance with the performance standards. This will insure the abatement of the neighborhood noise nuisance violations.”

Anderson notified Norling about the meeting. However, she declined to attend due to business obligations.

Even if she had the time, Norling said on Oct. 21, she probably wouldn’t have attended.

“I was called the night before about the meeting. I had to work and wasn’t able to attend. But I doubt I would’ve gone even if I had time,” said Norling.

Norling said she hasn’t received any complaints from her neighbors. Dale asked the Kasteleins if they had attempted to work out the problem with Norling.

“It wasn’t necessary to contact the owner because it was an issue for the CEO and town,” Mike Kastelein said in response.

The Kasteleins want the town to enforce the land use ordinance noise requirements. They are also in the process of appealing the planning board’s decision to designate the kennel as an agricultural use.

The planning board voted, 5-1, on Aug. 7 to change the designation from commercial to agricultural. 

When Norling wanted to change locations she requested the agricultural designation. The change allowed her to avoid a site plan review, and to be issued a permit.

According to Frederick, the Kasteleins plan on appealing the agricultural designation in Superior Court.

Frederick claims previous court decisions and state Department of Agriculture rulings designate kennels as animal husbandry, not agricultural enterprises. The Kasteleins hope the decision will be reversed, making the kennel fall under a commercial use.

The designation is important because state statutes provide farms a right to exist, according to Dale. But they still need to follow noise guidelines established by the state and municipalities.

In August, Norling claimed state law and statutes classified kennels as agricultural uses. She told the planning board that noise wouldn’t be an issue.

Norling said her kennel wouldn’t accept excessive barkers. Norling said on Oct. 21 she’s done everything possible to be a good neighbor.

“All of the other neighbors have been wonderful,” Norling said. “I wish they (Kasteleins) would’ve come to me. I’ve been conscientious about my neighbors and I’ve jumped through all the hoops the town has asked me to.”

Fredericks is checking to see if her clients’ appeal is still within the 45 days allowed to file. If the appeal is not successful, she believes her clients will be successful in their attempt to reduce the noise levels required by the town’s land use ordinance.