The Kingston Zoning Board of Appeals pressed for transparency from the Indian Pond Country Club this week, stalling a challenge to an electrical permit until the club provides concrete evidence of how a 24-year-old "garage" is actually being used. The dispute centers on a 200-amp service permit issued to the property at Map 74, Lot 4, which appellants argue signals an illegal shift in operations. Attorney John Danna, representing EBFI LLC, argued that the electrification of the structure—originally permitted in 2001 as a two-story garage or barn—effectively converts the building into a maintenance facility without the required town oversight. Electrifying it changes the use because the use that was there for 24 years now is going to be altered, Danna told the board, noting that the building never received a final inspection or a Certificate of Occupancy. Indian Pond really has a duty to explain to the town and the board exactly what they're doing with this building.

Board members expressed skepticism regarding the building's history, especially given the club's recent loss of a separate maintenance lease. Associate Member Marsha Meekins pointed out that the structure currently on-site does not appear to match the renderings approved over two decades ago. We don't know what the use is. There never was a use established, Meekins said, suggesting the club might be attempting to bypass previous board denials. I want to know what the proposed use of this is before it goes any further. If it means de-electrifying it or withdrawing the permit, that's what I'm in favor of. Chair Paul Dahlen echoed these concerns, emphasizing that the nature of the items stored inside could trigger additional safety requirements. We want to know what this building is, Dahlen stated. If you are storing more than sticks and rakes, the fire department has to take a look.

Town Counsel Matthew provided a cautionary note regarding the board's legal reach, clarifying that the ZBA cannot directly revoke an electrical permit, as those technical disputes are typically handled by state appeals boards. However, he noted the board does have the authority to enforce the terms of the club’s special permit if the building’s use has changed. You are a zoning board of appeals, not a zoning board of the first instance, the Counsel explained. You do not have jurisdiction to take action as a zoning board to overturn, modify, or revoke an electrical permit. You do have the power to enforce terms and conditions of a special permit.

The board ultimately decided to wait for more data and the input of a permanent Building Commissioner, following the recent administrative "reset" under new Town Administrator Scott Lambiase. Associate Member David Pflaumer argued against making a hasty ruling based on assumptions. I still think my opinion is let's get the building commissioner here to review, Pflaumer said. We don't know what the heck they're going to be doing in there. It's all speculation. I don't like to approve or deny speculation.

Motion Made by M. Meekins to continue the hearing until May 6, 2026. The motion was seconded by D. Pflaumer. Motion Passed 5-0-0. Members Paul Dahlen, Douglas Dondero, Lane Goldberg, Robert Mullen, and Kevin Wrightington joined in the unanimous decision. The board instructed its secretary to send a formal letter to Indian Pond Country Club requesting their attendance at the May meeting along with documentation clarifying the building's intended use. This latest scrutiny follows a pattern of increased oversight regarding the club, including the Planning Board's recent approval of a nearby five-megawatt solar array despite local habitat concerns.