The Kingston Zoning Board of Appeals reached a turning point Tuesday night, voting unanimously to move forward with a formal denial of the proposed 40B affordable housing project at Copper Beach and Marian Drive. The decision followed a pointed discussion regarding a project design that the board determined was physically and legally impossible under current federal flood designations. Chair Paul Dahlen noted that the developer is proposing to build in a designated flood zone, and while the applicant anticipates a map change from FEMA, the current restrictions are a non-starter. If you look at this strictly legally, we don't even get to consider if the map change is likely, Dahlen said. The standard is: you can't do what you're proposing to do.

The board’s frustration centered on the high density of the 160-unit development, which members argued was being squeezed onto a site with only two buildable acres out of ten. Member Kevin Wrightington criticized the developer’s refusal to scale back the project, stating, They are trying to stuff every corner rather than reduce the size. He added that the tight layout would create significant safety hazards, particularly for emergency services. They’re going to need a ladder truck in there if it’s four stories. The alleyways are tiny, Wrightington noted during the deliberation. Motion Made by P. Dahlen to draft a denial for the project to be reviewed at the next meeting. Motion Passed (5-0-0).

Traffic concerns also dominated the session, specifically the impact on the intersection of Marian Drive and Copper Beach Road. Member Lane Goldberg warned that the project would change local driving patterns for more than just the immediate neighbors, noting it’s going to impact the whole town because people will cut through to get to the trains or the dump. Member Douglas Dondero questioned the validity of the applicant’s data, remarking that the traffic study sounded a little shady regarding its impact on the MBTA station during peak hours. Member Robert Mullen expressed disappointment in the developer's lack of outreach, arguing that the town was being asked for numerous waivers while receiving little in return. I don’t see any pros, Mullen said. They’re asking for waivers on everything and giving nothing back to the town or the neighbors.

Associate Member Marsha Meekins offered a differing perspective, cautioning the board against a flat denial based on traffic. She highlighted the financial benefits of the project, including an infusion of capital through wastewater hookup fees that would help the town manage its infrastructure debt. I want to look for the town’s best interest and not just look for a way to deny them a permit. I’d like to balance the pros and cons, Meekins said, adding that I'm tired of kicking the can down the road and hoping hope is a plan. However, Town Counsel and other board members remained focused on the legal standing of the flood map issue. Dahlen concluded the meeting by stating he would draft a denial with teeth regarding the flood plane, density, and traffic concerns for the board to sign on April 16.