Kennebunk kennel owner, neighbors seek deal to settle dispute over excessive barking

KENNEBUNK, Maine — The dog days of August could bring a resolution to the longstanding dispute between the owner of a local kennel and her neighbors, who say the barking at her business is affecting their quality of life.

Both parties — Audra Simpson, the owner of the Red Barn Inn at 421 Alfred Road, and the Westwoods Homeowners Association — have agreed to work together to try and resolve their differences instead of going through a potentially expensive process with the town's Zoning Board of Appeals.

The noise-complaint issue between Simpson and her neighbors shifted to the ZBA in May after the town's Site Plan Review Board approved Simpson's request to remove a 15-year-old restriction on the number of dogs she can have at her kennel at any one time, according to Town Engineer Chris Osterrieder.

With conditions, the Site Plan Review Board approved the amendment and Simpson's overall site plan application in April after a months-long process that included public hearings and an outdoor site walk at the kennel.

The town's initial approval of the kennel in 2009 limited the number of animals to 15 dogs and 8 cats. In recent years, before Simpson bought the kennel in early 2023, the number of dogs at the kennel each day had swelled to more than 100. With the 2009 limit now removed, Simpson has offered to limit the number of dogs at her kennel at any one time to 80.

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The homeowners' association filed its appeal of the Site Plan Review Board decision in May.

Scott Ellis, the association's president, said the appeal was filed on “numerous grounds,” with issues related to noise buffering chief among them.

Ellis said the town, through its attorney, impressed upon the Site Plan Review Board that it could not consider noise when considering issues of buffering at a property. The attorney emphasized that buffering related to physical matters, such as vegetation, and not auditory ones, such as barking.

Ellis said that buffering is not defined in the town’s ordinances, which means nothing prevents the Site Plan Review Board from considering issues related to noise.

“We’re simply interested in living peacefully,” Ellis said.

Ellis said Simpson’s attorney, Kristin Collins, recently approached his association and offered to work towards an agreement on their differences.

“Ideally, we’re trying to get to a solution without the expenses of the appeal,” Ellis said.

Both sides were set to speak at a ZBA public hearing on June 17. However, given their efforts to resolve their issues independently, they sought and secured a 60-day extension from the ZBA.

Collins could not be reached for comment. Simpson did not reply to an email sent or voicemail message left for her at the kennel.

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Both sides have until Aug. 16 to get back to the town about whether a solution has been reached, according to Osterrieder.

If a resolution is reached, the ZBA case could be dismissed. If not, a public hearing will be scheduled.

“Any hearing would be on an appellate basis and limited to the decision that was rendered by the Site Plan Review Board,” Osterrieder said.

Osterrieder said the town continues to receive periodic complaints about dogs barking at the kennel, “but only from individuals who have previously complained.”

This article originally appeared on Portsmouth Herald: Kennebunk kennel owner, neighbors in talks over barking complaints