The Kingston Conservation Commission leveled a $1,200 fine against the owner of 19 Blair Drive on Wednesday night, following what officials described as an egregious violation of the town’s wetland protection bylaws. Conservation Agent Matt Penella reported that on March 26, town staff discovered the property had been clear-cut, with stumps ripped up and machines spreading dirt within a sensitive velocity zone. Penella noted that he personally stopped a truck full of loam from dumping additional fill on the site, which lacked adequate silt fencing.

This is egregious, said Chairperson Jim Franklin, noting that the property owner had a prior history of appearing before the board. If the owner has been in front of the board, they should have known better. If we allow a magistrate to supersede the bylaw, we're letting a judicial member take precedence over the legislature. Home rule applies. Vice Chair Megan Hickey supported immediate financial penalties, stating, I would be inclined for separate, itemized fines. One for fill, one for trees, one for soil disturbance. They know what they did.

The Commission detailed four specific violations at $300 each: unauthorized clearing, soil disturbance, importation of fill, and improper stabilization. Motion Made by K. Vendetti to issue an Enforcement Order for 19 Blair Drive including a stop-work order, two additional parallel silt socks for stabilization, a PE-stamped stabilization plan by April 22, a restoration plan filing by May 28, and $1,200 in fines. Motion Passed (5-0-0).

The board also addressed a Notice of Intent for 58 Shore Drive, where property owner Paul sought to install permeable patios and a retaining wall. The owner explained that the project aimed to remove existing artificial turf that is currently leaching pollutants. I want to rip it up because there are rugs and astro-turf under there that are microplastics leaching into the water, Paul told the board. Agent Penella raised concerns that the proposed restoration area was perpendicular to the bank, which is less effective for bay protection than a parallel strip. The concern with turf up to the bank is that anything put on that grass washes straight into the bay, Franklin added, insisting on a 10-foot-wide planting strip. Eric, a representative from Steinbeck and Taylor, noted that the applicant was open to the modification. Motion Made by D. MacFarlane to close the hearing and approve the Notice of Intent for 58 Shore Drive, issuing Orders of Conditions and three variances, pending the receipt of an updated plan showing a 10-foot parallel restoration strip. Motion Passed (5-0-0).

A broader discussion regarding the modernization of the Kingston Wetland Protection Regulations (KWPR) highlighted the board's intent to address climate change and new technology. This update follows a town-wide procedural "reset" initiated by the arrival of Town Administrator Scott Lambiase. Penella recommended including new standards for alternative technology septic systems within the 100-foot buffer to decrease nitrogen and phosphorus levels. Member Kalina Vendetti suggested the regulations should protect habitat more proactively. I'm thinking about how we can be more proactive, Vendetti said. Can we prohibit work during key time periods in landscaped areas adjacent to vernal pools, like during spring migration? Landscapers with leaf blowers can decimate wood frog areas. Franklin agreed with the goal of raising the bar, noting, We're trying to balance growth with conservation. Motion Made by M. Kozodoy to continue the hearing for KWPR updates to April 22, 2026. Motion Passed (5-0-0).

Frustration mounted regarding a long-delayed filing for 28 Rabbit Road involving hazard tree removal. The board heard that a required arborist’s letter was missing because the original professional had retired. Vice Chair Hickey expressed a desire to stop the cycle of delays. Can I ask that it not be continued after next time? Hickey asked. I'd like to make a motion on this next time because it's been continued and continued. Franklin suggested a 30-day window to provide the applicant time to resolve the issue once and for all. Motion Made by J. Franklin to continue the discussion for 28 Rabbit Road to May 13, 2026, with instructions for the agent to communicate that the board intends to discuss the matter regardless of further requests. Motion Passed (5-0-0).

Regarding other enforcement matters, the Commission moved to verify claims of compliance at 44 Rabbit Road. While the property owner provided photos of a dumpster area cleanup, Franklin insisted on a physical inspection. I think I'd prefer you putting our eyes on it so there's no wiggle room, the Chair told Penella. Motion Made by M. Kozodoy to have the Conservation Agent perform site reconnaissance at 44 Rabbit Road to confirm compliance. Motion Passed (5-0-0).

In his departmental update, Penella informed the board of a recent meeting with the new Mayor of Brockton regarding Silver Lake water rights. While Brockton maintains legal rights to the water, Kingston officials are discussing ways to help the city secure funding for alternative sources, such as the Aquaria desalination plant, to reduce the ecological impact on the lake. Penella also noted that vernal pool certification season is underway, with wood frog choruses recently recorded at Camp Nikon.