The Edgecomb Planning Board spent more time discussing what was not on the Dec. 18 agenda than was actually on it. The board was prepared to review Robert Burns’ application to divide his 9.1 acre Cross Point property into three lots.

The discussion was cut short when Burns told the board his plans didn’t have the correct information and asked to rescheduled the meeting. The planning board agreed, and will review his application next month.

The planning board proceeded to discuss the lawsuit a Middle Road couple filed against the town and a recent decision to grant the owner of a 15th (and possibly illegally created lot) on the Salt Point Subdivision building permit.

Residents Mike and Kate Kastelein filed a civil lawsuit in Wiscasset Superior Court this fall against the planning board and town of Edgecomb. The Kasteleins filed the lawsuit after the planning board ruled a nearby dog kennel was an agricultural use.

The couple hopes the legal process will eventually overturn that decision and rule The Coastal Dog is a commercial use. This would require the dog kennel to undergo a site plan review.

Chairman Jack French voiced concerns that the selectmen hadn’t keep the planning board updated about the case. According to French, selectmen haven’t forwarded emails from attorney Bill Dale, of the Jensen, Baird, Gardner & Henry Law Firm.

French said he was told by Selectmen’s Chairman Jack Sarmanian to look at the file in the town office.

“I did that, but there was no file,” French said.

Planning Board secretary Jackie Lowell said she found 15 pages of Dale’s correspondence in the town office. She also spoke to Sarmanian, who indicated that future emails would be forwarded to the planning board.

French also updated the board about a decision made at the Nov. 20 meeting. The board voted 4-0-1 to approve building permit for Lauren Stockwell to construct a pier and ramp on property purchased on the Salt Point Subdivision.

French reported that the code enforcement officer won’t issue the permit until questions surrounding the subdivision are settled.

The subdivision was created in 2010 as a 14-plot development owned by several members of the Rio family, according to French.

An additional plot was created and sold, which now made it a 15-plot subdivision. The 15th lot creates additional and more restrictive town and DEP requirements.

“It seems the new lot was created before it was legally able to do so,” French said.

Board member David Nutt wanted to rescind the subdivision’s approval. He believed the creation of the 15th lot invalidated the board’s 2010 decision.

“Rescind it, that’s what I say,” said Nutt. “The information presented was incorrect on the application. Or rescind it until pending proof of a legal transfer of the lot was made.”

French responded that there was little the board could do. He said it was a legal matter and out of the board’s hands.

“We’re not an enforcement agency,” French said. “It’s up to the DEP, code enforcement and lawyers now. All we can do is support them in their efforts.”

The board will only meet once in January. The board will meet at 6:30 p.m. on Thursday, Jan. 15 in the municipal room.