Rabbath Road Lawn Dispute and Baker Avenue Subdivision Drainage Stalls Kingston Conservation Progress

Key Points

  • Jim Franklin elected as Chairperson and Megan Hickey as Vice Chairperson
  • Baker Avenue stormwater proposal stalled due to missing subdivision drainage data
  • Rabbath Road hearing continued following heated accusations against town staff
  • Residential reconstruction approved for 127 Whopping Road and 19 Rocky Nook Avenue
  • Commission declined enforcement action against 41 East A Street owners for tree pruning
  • Independent environmental monitor approved for Royson Drive to ensure erosion compliance
  • Enforcement orders issued for unauthorized retaining wall and dock at 44 Rabbath Road

The Kingston Conservation Commission underwent a leadership transition during its January 14 session as Kalina Vendetti stepped down as chair. The board moved to elect Jim Franklin as the new chairperson, despite his absence, and appointed Megan Hickey as vice chair. Tensions flared early during a hearing for 28 Rabbath Road regarding tree removal and invasive species treatment. Attorney Ann Soilleski argued the requested area was historically maintained, stating, All we are looking to do here is to remove certain invasive vegetation, some dead and diseased trees, and to continue to mow the area in order to keep the ticks down. However, the discussion took a personal turn when a representative for the property owner accused Conservation Agent Matt Panella of a personal vendetta and being untruthful. Vendetti attempted to maintain order, asking, Wait, did we take a vote on continuing? before the board moved forward. Motion Made by Kalina Vendetti to continue to March 11th. Motion Passed 5-0.

The commission also scrutinized a proposal for a single-family home on Baker Avenue that includes a massive subsurface stormwater system intended for a future subdivision. Peer reviewer Matt Cody of Beals and Thomas raised flags, noting, It doesn’t appear to be modeled like the modeling in the data provided... it’s just unclear to us how that relates to the subsurface system that’s proposed for under the driveway. Applicant Matthew Hag defended the filing, asserting, If you guys don’t approve the drainage for the subdivision, it kills the subdivision. Commission members remained skeptical of the infrastructure's placement. Marilyn Kozodoy questioned the logic, saying, I’m confused as to why you would put something that big that’s important to a subdivision in a private yard. Brian Payne emphasized the need for clarity, stating, I want to give them an opportunity to help those of us who aren't wetland scientists understand the contrast. Motion Made by Brian Payne to continue to March 11th. Motion Passed 5-0.

Progress was made on several residential projects, including 127 Whopping Road, where owner David Gassy agreed to preserve existing trees to avoid further delays, remarking, As to the trees, we're just going to leave them. Dot MacFarlane sought assurance for the landscape, noting, Replacement trees showing on the plan so that they will be planted and held accountable. Motion Made by Megan Hickey to approve and issue orders of conditions with the special conditions. Motion Passed 5-0. At 19 Rocky Nook Avenue, Paul Seberg presented a raise-and-rebuild project, explaining, The project proposes to maintain the impervious coverage of the site with a slight reduction. Motion Made by Megan Hickey to approve the project with the special conditions as read into the record by the conservation agent. Motion Passed 5-0.

The meeting concluded with a lengthy deliberation over unauthorized tree pruning at 41 East A Street. Arborist Ross Ranlet admitted his crew exceeded his specific instructions but maintained the tree’s health was not at risk, stating, We're well below the threshold of what a tree can take for pruning. Homeowner Ben Ewing expressed his deep connection to the tree, saying, I've placed every one of my seven grandchildren in the notch of that tree. His wife, Jewel Ewing, voiced frustration over the enforcement process, adding, I think that if we brought in all of Rocky Nook, I'm afraid they would side with us. After hearing from Attorney Adam Brodzky on a separate enforcement matter, who noted a pound of flesh may be due regarding monitoring costs, the board ultimately showed leniency to the Ewings. Motion Made by Marilyn Kozodoy to not to issue an enforcement order. Motion Passed 5-0. The meeting was adjourned at 9:04 p.m.