Citing alarming data that 99 percent of red-tailed hawks in a recent study tested positive for chemical poisoning, the Kingston Conservation Commission voted unanimously Wednesday to support state legislation aimed at curbing the use of anticoagulant rodenticides. Conservation Agent Matt Penella briefed the board on Bills H965 and S2721, which seek a statewide ban on these chemicals except during emergencies. Penella noted that Mass Audubon is spearheading the effort to protect predators that ingest poisoned rodents, stating, Mass Audubon is leading the push for a statewide ban... it does have a high impact on wildlife. I've seen it myself.

The Commission’s support comes as local experts highlighted the persistent nature of the toxins. Member Brian Payne observed that it generally it's not one mouse that will do it, but it's cumulative, as the poisons build up in the systems of owls, hawks, and other local wildlife. Motion Made by M. Hickey to support the bill and issue letters to Senator Fernandez and Representative LaNatra. Motion Passed (5-0-0). Commission members Kalina Vendetti and Dot MacFarlane also signaled support for the measure during the unanimous roll call.

In a more contentious discussion, a proposed sediment forebay and rain garden at 20 Marian Drive (also known as 1 Royce Drive) sparked a technical debate regarding how the town calculates environmental mitigation. Agent Penella and town peer reviewer Janet Bernardo of the Horsley Whitten Group clashed with project representatives over whether mitigation should be based on the narrow area of soil disturbance or the broader limit of work on the site. Your mitigation area shouldn't be based on an area you've defined of permanent disturbance; it should be based on your limit of work, Penella argued, noting the project sits within a sensitive 200-foot riverfront area.

Attorney Adam Brodsky, representing Royson Properties LLC, pushed back against what he characterized as an unusual requirement. I've never seen in a riverfront matter that mitigation areas be calculated on the limit of work. It's always the areas altered... we've reached the point of diminishing returns, Brodsky said. Bernardo countered that minor inconsistencies remain between the project’s stormwater models and site plans, telling the board, We really like to make sure all of the calculations provided match the plan set... there were a couple that didn't match. Chair Jim Franklin sided with the agent's cautious approach, stating, I'm seeing two different things and I trust Matt's judgment... I don't see we're together here. Motion Made by D. MacFarlane to continue the hearing for 20 Marian Drive to March 25, 2026. Motion Passed (6-0-0).

The Commission also addressed a significant buffer violation at 58 Shore Drive, where a homeowner reportedly clear-cut vegetation within a protected resource area. Applicant Paul Walker defended the work, explaining the yard was a safety hazard filled with debris. The landscaping that's there when we moved in was completely overgrown... it's really not safe to walk around there. I probably removed 500 bricks, Walker told the Commission. However, Penella argued the area had become naturally established and served as a vital buffer. The area, in my opinion, was still considered to be naturalized from a wetlands permitting standpoint... that cutting essentially removed all the vegetated buffer, he said.

Representing the applicant, Eric Shoemaker of McKenzie Engineering Group argued that proposed permeable patios would not increase the property’s impervious footprint, stating, The permeable paver patios are pervious, so they won't count towards the impervious coverage calculation... we believe we comply with the regulations. Chair Franklin remained skeptical of the impact of replacing deep-rooted vegetation with turf, noting Turf doesn't have [deep roots]... we care about whether or not we're going to approve something that's not going to be a detriment. The board ultimately requested a formal variance and a native planting mitigation plan. Motion Made by M. Kozodoy to continue the hearing for 58 Shore Drive to March 25, 2026. Motion Passed (6-0-0).

On the financial front, the Commission moved to secure external funding for the construction phase of the Lake Street Culvert project at Forge Pond. Penella announced the town is applying for the Eco1top grant, a consolidated state program merging culvert, coastal habitat, and Municipal Vulnerability Preparedness (MVP) funding. Motion Made by D. MacFarlane to issue a letter of support for the grant application. Motion Passed (5-0-0). Related to Forge Pond, the board reviewed progress on a permanent fishway. Jill Griffith of Gomez and Sullivan suggested the board could vote tonight and make the order of conditions issuance contingent upon receiving final state permits, but Pine Dubois of the Jones River Watershed Association raised concerns about where dredged sediment would be placed. It's been my opinion all along that we should not deposit over there [town property]... I am very much in favor of just sticking to the Wingate side, Dubois said. Motion Made by D. MacFarlane to continue the hearing for Forge Pond Fish Passage to March 25, 2026. Motion Passed (6-0-0).

In other business, the Commission granted a two-week extension to the owners of 44 Rabbit Road for a site cleanup enforcement order after winter snow hampered progress. Member Brian Payne supported the short delay, noting I think two weeks is enough. There's not going to be much heavy rain and a light snow coming... surely that's enough. Motion Made by M. Kozodoy to extend the cleanup deadline for the enforcement order at 44 Rabbit Road to March 25, 2026. Motion Passed (5-0-0).

Closing the session, Penella reported that the Community Preservation Committee (CPC) has approved two land-related applications—the Carrera property and a Maple Street project—to advance to Town Meeting for final approval. The Commission also announced a vacancy for a new member and is proposing a change to its internal deadlines, moving the receipt of information for continued hearings from one week to two weeks to better accommodate the town’s four-day work week schedule.