A neighborhood dispute on Main Street has triggered a dual-property investigation by the Kingston Conservation Commission, though formal enforcement remains on hold as the board seeks guidance on a potential statute of limitations defense. Conservation Agent Matt Penella reported that complaints filed by adjacent owners at 51 and 53R Main Street led to the discovery of significant unpermitted activities on both lots, including tree removal, turf expansion, and the installation of berms and pavement within protected areas.

The situation at 53R Main Street is complicated by a legal challenge from Attorney Adam Brodsky, representing the current owner. Brodsky submitted a letter to the Commission arguing that the violations predate his client's ownership and fall outside the three-year statutory window for enforcement. While Penella confirmed that aerial imagery shows violations on both properties, Commission Chair Jim Franklin urged caution before the board officially opens a public hearing or issues orders. I don't see the benefit of discussing anything until we get further down the line and we actually have a staff report that's based on what we saw as a department, Franklin said, adding that he wanted to wait for snow cover to melt and for Town Counsel to weigh in on the legal claims. I'd like to see what Town Counsel has to say about this legal document before we say that something's not in our jurisdiction. I think we table this for a month. Get the ducks in a better row.

The decision to delay did not sit well with all members. Marilyn Kozodoy cast the lone dissenting vote against the continuance, questioning why the board would not hear from the parties present. So, you're not interested in hearing anything until we have more information? Kozodoy asked. It's just with an attorney present, I was curious about that perspective. Attorney Brodsky noted he was only prepared to speak on the timeline of the case, stating, I just wanted to be heard on the procedure, not on the subject. Member Dot MacFarlane supported the delay, noting, If we don't have all the facts and if we still have this letter that might state that half of it is invalid, then what's the point of opening it if we can't get to the bottom of everything at once? Motion Made by J. Franklin to continue the enforcement discussion to March 25, 2026. Motion Passed (4-1), with M. Kozodoy opposed.

The Commission also began a public hearing for a major ecological restoration project at the Forge Pond Dam. Jill Griffiths of Gomez and Sullivan presented plans for a permanent "Canard" alternating side baffle fish ladder designed to help river herring and American eels reach spawning grounds in Silver Lake. The project, which serves as a companion to the recently discussed Lake Street Culvert replacement, involves hydraulic dredging to restore a migratory channel through the pond. The primary goal is to enhance that passage of those fish into Silver Lake, which is an important spawning ground for them, Griffiths explained, noting that the dredged sediment has been tested and cleared of contamination. Brad Chase of the Division of Marine Fisheries emphasized the necessity of the project for fish survival during drought conditions, explaining that the dam will have a saw cut for the footprint of the new fishway. It'll lower it one foot by two feet.

However, the project faced pushback from abutter Heidi Whipple, who lives in a 300-year-old home at 35 Lake Street. Whipple raised concerns about the impact of construction traffic on her historic property and the potential for foul smells resulting from the dredging spoils. I have some huge concerns about the odor and the traffic, Whipple told the Commission, asking if residents could be granted seasonal dock access to reach the water once it is diverted from their land. Agent Penella recommended that the town include a special condition requiring an odor contingency plan. If odor concerns cannot be resolved, dredging will cease until a suitable solution can be determined, Penella noted. Pine DuBois of the Jones River Watershed Association spoke in favor of the restoration, stating, Part of this whole thing is to improve the water quality in that outstanding resource water—not only in Forge Pond... but as well as downstream in the Jones River. Motion Made by M. Kozodoy to continue the hearing to March 11, 2026. Motion Passed (5-0).

In administrative business, the Commission authorized payments for several ongoing infrastructure and environmental projects. These included an invoice from Strong Tree Engineering for Rocky Neck stormwater improvements and a bill from Apex for "year 8" MS4 permit support, which helps the town meet federal clean water requirements. Agent Penella also provided an update on 17 Old Orchard Lane, where he authorized the removal of three mature ash trees infested with the Emerald Ash Borer. Penella noted he allowed the removal with no ground disturbance, no stump grinding to protect the surrounding wetlands. Additionally, the Commission is actively seeking a new member to fill a vacancy. Chair Franklin encouraged residents interested in protecting the town’s natural resources to contact the conservation department.

Other scheduled business was deferred, including hearings for a home addition at 135 Indian Pond Road and a rain garden at 1 Royson Drive. Motion Made by M. Kozodoy to continue the hearing for 1 Royson Drive to February 25, 2026. Motion Passed (5-0). Motion Made by M. Hickey to continue the hearing for 135 Indian Pond Road to February 25, 2026. Motion Passed (5-0). The board also finalized previous records, with a Motion Made by J. Franklin to accept meeting minutes for November 12th, 2025, which Passed (5-0), and a Motion Made by M. Hickey to approve the meeting minutes for December 10, 2025, which also Passed (5-0).