The Kingston Zoning Board of Appeals shuttered the evidentiary portion of the hearing for the 162-unit Cushman Farms rental development on Wednesday night, moving into a 40-day deliberation period despite unresolved questions regarding FEMA flood maps and deep-seated neighborhood opposition. The decision to close the hearing came after the developer’s legal counsel, Tanya Trevson, refused to grant further extensions to the board, stating, Because we've been before you so many times and have provided many revisions, we are declining to request an additional extension... we would request that the board close the hearing.

The project, a Chapter 40B comprehensive permit application, has become a flashpoint for concerns over Kingston’s infrastructure and housing density. Town Counsel reminded the board that because Kingston has not yet reached the state-mandated 10 percent affordable housing threshold, it lacks the safe harbor status needed to deny the project on density grounds alone. Under state law, 100 percent of the 162 rental units will count toward the town’s subsidized housing inventory, even though only 25 percent are designated as affordable.

Board members expressed significant frustration with the developer’s process. Acting Chair Lane Goldberg criticized the applicant for failing to engage with local residents as previously requested, stating, Did you guys reach out to the abutters at all to try and schedule a meeting like we had suggested? No? I mean, that's really bad faith on your part. Member Douglas Dondero noted technical deficiencies in the revised plans presented by Megan Der of Kico Engineering, remarking that the designer should know better than to submit drawings without clear revision markings. Associate Member Marsha Meekins insisted on a full written summary of all plan changes before the board begins its deliberations.

A critical point of contention remains a potential FEMA flood plane on the property. Chair Paul Dahlen, attending remotely, warned that the lack of federal documentation could be a fatal flaw for the application. One of the main problems here is that flood plane issue, Dahlen said. We could probably give a denial just on the fact that they don't have paperwork from FEMA stating this project is viable. Applicant Rick Lincoln argued that the issue could be handled through a condition of approval, noting that his team has just held off because we wanted to get this thing approved before filing for a Letter of Map Revision.

Public comment was overwhelmingly negative, focusing on safety and the strain on town services. Resident Britt Opachinsky described Cushman Drive as a narrow cart road unfit for the hundreds of new residents the apartments would bring. Jennifer Ering highlighted the town’s ongoing water challenges, noting, Our town is at capacity for water already. We are down to one principal for over 1,000 students... nobody wanted more building in Kingston. Others, like Nicholas Citzki, characterized the project as corporate greed, while Keith Anson challenged the developer's claim that a proposed access road to Copper Beach Drive was necessary for residents to reach downtown amenities, arguing there are no such amenities in that direction. Motion Made by R. Mullen to close the hearing. Motion Passed 5-0.

Earlier in the evening, the board made quicker work of two residential applications. Paul Seaberg of Grady Consulting presented plans for 19 Rocky Nook, a project to raise and rebuild a pre-existing nonconforming single-family home. Seaberg noted the new design would improve front setbacks and bring building coverage into compliance. In response to questions from Member Kevin Wrightington, Seaberg clarified the new footprint is very close to the original but more rectangular. Motion Made by D. Dondero to close the hearing for 19 Rocky Nook. Motion Passed 5-0. Motion Made by D. Dondero to accept the applicant for 19 Rocky Nook. Motion Passed 5-0.

The board also approved a special permit for 4 Drew Ave, where applicant Thomas Foley sought to renovate and add a 111-square-foot addition to a nonconforming structure. Architect Gavin Driscoll explained the project would square off the rear of the property while adding a third bedroom. Member Robert Mullen sought confirmation on parking, which Driscoll confirmed includes three total spots. Motion Made by D. Dondero to close the hearing for 4 Drew Ave. Motion Passed 5-0. Motion Made by D. Dondero to accept the proposal for 4 Drew Ave. Motion Passed 5-0.