Thirteen-Foot Wide Dock and Leaning Wall Trigger Enforcement Action at Rabbath Road

Key Points

  • Enforcement action was initiated for 44 Rabbath Road regarding a failing retaining wall and a dock expanded to 13 feet without permits
  • A request for an addition at 2011 Elm Street was denied without prejudice due to undisclosed living spaces and septic deficiencies
  • The Commission voted to support CPC grant applications for the purchase of 83 Whopping Road and preservation of Maple Street property
  • A negative determination was issued for well replacement at 105 Monks Hill Road with conditions for mud pit containment
  • Replacement of an existing patio with permeable pavers at 8 Smelt Pond Road was approved with a two-week deadline for erosion control installation
  • A request for a certificate of compliance for 208 Brookdale Street was continued due to extensive unpermitted work discovered after a property sale
  • The board approved support for a MassDOT culvert replacement grant for Lake Street and a new community biodiversity grant

The Kingston Conservation Commission faced a packed agenda on Wednesday, addressing several residential violations while bidding farewell to long-time member Buzz Artiano. Commission Member Kalina Vendetti led the proceedings, during which the board denied an addition request at 2011 Elm Street after discovering the application failed to disclose planned living spaces and necessary septic upgrades. Vendetti questioned the necessity of the project's delays, asking, If there's no reason to continue the discussion or a need to continue it to allow for further information, can we move to a motion? Motion Made by Megan Hickey to deny this NOI request without prejudice. Vote Passed 7-0

Environmental concerns dominated the discussion regarding 44 Rabbath Road, where unpermitted work has led to a leaning retaining wall and a dock expansion far exceeding local standards. Conservation Agent Matt Penella reported the dock is now roughly 13 feet wide, despite a 4-foot maximum. Abutter Sean Stangalini presented evidence of dead wildlife and poor site management, stating, Nature doesn't have a voice and I only made seven copies and I'm glad that I didn't have enough because that means there's more of you. Member Marilyn Kozodoy raised concerns about an unpermitted outdoor heating system, noting, I know in the past with another town resident who tried to establish a heating system like that, it was disallowed. The board signaled they would move toward a formal enforcement order to require the removal or reconstruction of the failing wall and concrete driveway. Member Brian Payne reviewed site details, asking, Are there conservation posts on this plan already that I'm missing?

The board also reviewed a well replacement at 105 Monks Hill Road, where Member Jim Franklin inquired about the project's recent progress, asking, I guess I could just ask, is there any change between December 1st and now? Motion Made by Buzz Artiano to issue a negative three with special conditions as I just exposed. Vote Passed 7-0 At 8 Smelt Pond Road, homeowner Dan Pepe sought approval for permeable pavers. Pepe explained his recent absence from site meetings, noting, I was in Florida last week, so that's why we ended up meeting on that Monday. Member Megan Hickey moved the project forward, stating, I'll make that motion. Motion Made by Megan Hickey to issue a negative 3 DOA with the special conditions as discussed. Vote Passed 7-0

At 127 Whopping Road, David Gassie discussed the structural integrity of a garage near the riverfront. Gassie told the board, The shingles are falling off on one corner, there's a hole in the roof on one corner, but the main supports are still there. Engineering consultant Pat Brennan highlighted the benefits of a proposed Geomat septic system, claiming, The Geomat does provide a little more protection than than your standard conventional leaching field would. However, local advocate Pine duBois cautioned the board about the area's sensitivity, noting, It's important to really appreciate the sensitivity of the site. The board ultimately voted to support several grants, including a biodiversity initiative. Penella advocated for the move, saying, In certain situations, I feel like it's really good to have the commission specifically vote in support of them. Motion Made by Megan Hickey to support the CPC applications. Vote Passed 6-0

Finally, the board addressed the ongoing saga at 20 Marian Drive with Attorney Adam Brodsky, who appeared virtually. Brodsky confirmed, I'll prepare with Mr. Penella and we will do so, regarding the engagement of an environmental monitor for the site. Member Dot MacFarlane encouraged the board to look at professional recommendations, stating, The Horseley Whitten report had some good information on how to do things a little differently to stop the flooding. Buzz Artiano, who expressed skepticism about previous cleanup efforts, asked, I guess, you know, can they just go in the wetlands and clean up the clippings and we're okay with it? Artiano concluded his tenure by inviting the board to a local food pantry fundraiser. The meeting was adjourned at 8:33 PM