Automatic Permit for Cushman Farms 40B Project Looms After Zoning Board Procedural Failures

Key Points

  • Zoning Board of Appeals procedural errors may lead to "constructive approval" of the Cushman Farms 40B project
  • Town Administrator Scott Lambiase presents a balanced FY27 budget of $64.3 million
  • Selectmen authorize application for federal DOJ grant to fund a new community engagement police officer
  • Highway Department amends snow policy to include pre-winter inspections and limit liability for private road damage
  • Board promotes Adam Ducet to permanent Foreman and accepts the resignation of Finance Director Kathleen Barrett

A procedural oversight by the Kingston Zoning Board of Appeals may have cleared the path for the controversial Cushman Farms 40B housing development to proceed without any town-imposed conditions. During the May 5 meeting of the Board of Selectmen, Lake Street resident Marcia Meakans delivered a sobering update, alleging that the zoning board missed critical statutory deadlines, resulting in a constructive approval of the project by operation of law. Meakans claimed the board failed to deliberate in public within the required 40-day window and cancelled a key meeting without proper notice, effectively stripping neighbors of the hard-won concessions they had sought throughout the hearing process.

The Zoning Board has really failed the people who came before them, Meakans told the Selectmen, noting that the developer may now receive the permit exactly as originally applied for. The consequence is this: it happens by operation of law. If we missed the vote, the developer gets their permit as applied for. That's without conditions. That's where we are. While Chair Eric Crone noted that the board could not engage in a dialogue because the item was not on the formal agenda, the revelation cast a shadow over the evening’s proceedings, highlighting a significant lapse in administrative accountability regarding one of the town's most high-profile development projects.

The town’s fiscal health for the coming year was also a primary focus as Town Administrator Scott Lambiase presented a balanced FY27 operating budget of $64,341,513. This figure represents a 3.97% increase over the previous year, which Lambiase described as a level service budget that avoids new positions or program expansions. Despite the balance, the town must still navigate an $818,000 deficit in the snow and ice budget following a demanding winter and $810,000 in capital lease obligations. Lambiase reported that the town’s stabilization fund remains healthy at $3.57 million, or 5.6% of the budget, while free cash has been certified at $3.1 million. The meeting also marked a transition in leadership, as the board voted to accept the resignation of Finance Director Kathleen Barrett. Motion Made by K. Emberg to accept the resignation of Finance Director Kathleen Barrett and to authorize the Town Administrator to execute any documents associated therewith. Motion Passed (5-0-0).

In addition to financial planning, the board authorized the Police Department to seek federal funding for a new officer through the Department of Justice COPS grant. Police Chief Maurice Splaine explained that the grant would cover 75% of a new officer's base salary for three years, with a specific focus on community engagement. This would do a matched funds grant for a period of three years, 75% funding, Splaine noted, though he reminded the board that the town would remain responsible for the 25% match and associated overtime or equipment costs. Selectman Melissa Bateman recused herself from the discussion and vote. Motion Made by D. Alcombright to authorize the Police Chief to apply for federal funding for the COPS grant. Motion Passed (4-0-0).

The Police Department will also see an immediate boost in expertise with the appointment of two highly decorated Special Police Officers to assist with details. Ryan Kaviki, a former SWAT member and K9 handler, and Brian Green, a retired Boston Police officer recognized for his work during the Boston Marathon bombing, were both unanimously approved. Chief Splaine expressed high confidence in the new hires, stating, It's good to have a guy on the department that knows stuff about things. Member Carl Pike supported the move, acknowledging the value of bringing such veteran experience back into town service. Motion Made by C. Pike to appoint Ryan Kaviki and Brian Green to the position of Special Police Officers effective immediately through December 31, 2026. Motion Passed (5-0-0).

Residents living on private ways will notice changes to winter operations following an amendment to the town’s snow policy. Adam Ducet of the Highway Department explained that the town will now conduct pre-winter inspections to document private improvements like fences or rock walls located within the right-of-way. This proactive step is intended to reduce the town's liability for damages caused by plows. We want to add in there that we will be doing a little bit more inspection pre-winter... so that way at the end of the winter if something gets damaged, you guys are aware of it, Ducet said. Vice Chair Kimberley Emberg successfully advocated for moving the policy’s liability waiver to the top of the document to ensure it clearly applies to both public and private roads. Motion Made by K. Emberg to adopt the changes discussed this evening to amend the snow policy. Motion Passed (5-0-0).

The Highway Department also secured a permanent leadership change as the board promoted Ducet from interim to permanent Streets, Trees, and Parks Foreman. Lambiase praised Ducet's performance over the last ten months, noting he has done an excellent job managing the department’s daily demands. Motion Made by M. Bateman to appoint Adam Ducet for the position of Streets, Trees, and Parks Foreman with an anticipated start date of July 1st, 2026. Motion Passed (5-0-0).

The evening was bittersweet as it marked the final regularly scheduled meeting for both Chair Eric Crone and Selectman Donald Alcombright. Emberg thanked them for their years of dedication, while Alcombright joked that he would remain a fixture in town through his work with youth sports. If you do anything in youth sports, I'll still be around, Alcombright said. Crone reflected on his tenure with optimism, noting, It's been fun. And I know we're leaving it in at least three good hands. The board concluded by approving several community appointments and accepting $550 in donations for the library and the Council on Aging, including a $500 gift from Beth Israel Deaconess Hospital to support senior wellness programming. Member Bateman highlighted the recent success of local volunteerism, noting, We had an amazing turnout at the Children's Peace Garden cleanup. Lots of volunteers came out.