Carol Ann Cutler’s dogs play at her Creature Camp at Allen Cove. Two appeals challenging the Planning Board’s decision to permit the business were denied by the Appeals Board last week.—PHOTO COURTESY OF CAROL ANN CUTLER

BROOKLIN — The local Appeals Board unanimously upheld recent action taken by the Planning Board in denying two separate appeals against the Planning Board’s decision to issue a permit for a dog-boarding business on Harriman Point.

The Planning Board had issued a one-year permit to Carol Ann Cutler on April 10, allowing her to board up to three dogs, in addition to the three dogs she owns, at her home on Harriman Point Road.

Paula Dougherty and Linda Freedman filed separate appeals within the 30-day deadline that started when the permit was issued.

Following a nearly 90-minute hearing on Freedman’s appeal, which included testimony from her, the Appeals Board voted unanimously to deny her appeal.

“I think the Planning Board was very judicious in issuing the permit for one year, then reviewing it,” Appeals Board member Benjamin Mendlowitz said before the vote was taken. “They addressed all concerns. I don’t see anything to overturn.”

Appeals Board Chairman Bob Austin said Freedman’s appeal focused on two complaints and argued that the Planning Board erred in its interpretation of “home occupation” allowed in Brooklin’s shoreland zone and also erred in its review of potential harm to wildlife habitat from the dog-boarding operation.

Austin said the Planning Board had addressed both issues thoroughly, citing relevant court cases in its decision regarding home occupation.

He said the state Department of Environmental Protection had visited the site and raised no concerns or objections regarding damage to the shoreland habitat.

“The people who wrote the rules don’t have a problem,” he added.

During testimony, Freedman cited Maine Supreme Court cases to support her contention that the dog-boarding business was incompatible with other activity in the neighborhood and should be seen as violating Brooklin’s Shoreland Ordinance.

“It’s a commercial operation disguised as a home occupation,” Freedman said, adding that a primary residence could not be used commercially in the limited residential/recreational zone.

Freedman also argued that the Planning Board’s analysis of potential harm to the shoreland bird and wildlife habitat was incomplete.

Planning Board members at the hearing stated that the town’s code enforcement officer, Judy Jenkins, and members of the Planning Board visited the site to verify compliance with state law.

“I have a license in my back pocket to shoot the same birds,” Planning Board member Al Hutchins said, referring to Freedman’s contention that dogs boarding at Cutler’s could scare or harm birds. “If you add up all the dogs on the shore, her six are not making a difference. They’re not driving the ducks away.”

When the vote on Freedman’s appeal concluded, Dougherty had not arrived at the meeting, which started at 7 p.m.

Freedman called Dougherty at home and told the Appeals Board that Dougherty said she was feeling ill but would be there soon.

The board agreed to wait 15 minutes before starting a hearing on Dougherty’s appeal.

Dougherty did not arrive and the board began without her, basing its deliberation on written testimony from Dougherty.

Austin said Dougherty raised the same objections raised by Freedman and also objected to the potential for dogs barking at the kennel to reach noise levels inconsistent with the area, which could be threatening to her health.

Addressing the barking issue during deliberation, the Appeals Board noted that Dougherty’s house is “really not that close” to Cutler’s business and several dogs live in the neighborhood.

Mendlowitz said denying a permit to operate a kennel would make no difference to Dougherty because the potential for dogs barking already exists in the neighborhood.

The board voted 4-0 to deny the appeal from Dougherty, and in another action, voted unanimously to accept the Planning Board’s finding of facts in their entirety and determine the board did not err in its decision to issue the permit to Cutler.