Wapping Road Land Purchase Advances Amid Alarming $5,000 Conservation Management Budget Gap
Key Points
- Commission authorizes 83 Wapping Road purchase as Agent warns of $5,000 management budget crisis
- Certificate of Compliance denied for 18 Old Mill Road due to discovery of illegal yard waste and ash dumping
- Chair Franklin demands immediate safety measures at 6 Prospect Street excavation to prevent "attractive nuisance"
- Split 4-0-1 vote approves Marian Drive rain garden despite concerns over alternative analysis
- Conservation Agent seeks to update local bylaws to exempt routine town roadway maintenance
The Kingston Conservation Commission moved forward with the acquisition of open space at 83 Wapping Road during its May 13 meeting, even as Conservation Agent Matt Penella issued a stark warning regarding the town’s ability to maintain its existing inventory. The Commission authorized the signing of a purchase and sale agreement for the four-acre Carrera parcel, a project primarily funded through the Community Preservation Committee and supplemented by private donations. However, during a later department update, Penella highlighted a widening disparity between the town’s growing conservation holdings and its operational resources. Motion Made by B. Payne to authorize the Chair to sign the purchase agreement. Motion Passed 5-0.
Addressing the Commission on land management challenges, Penella noted that the department is currently tasked with overseeing approximately 2,000 acres of land with a management budget of only $5,000. He reported recent incidents of vandalism at a weir in Blackwater and significant storm damage at the Marshall Joyce Wildlife Sanctuary, noting that a lack of volunteer support and funding makes addressing these issues increasingly difficult. Chair Jim Franklin noted that the Commission is also operating with a vacancy, stating that those interested should reach out to the conservation department
to help protect the town’s natural resources.
The meeting took a contentious turn during a request for a Certificate of Compliance at 18 Old Mill Road, where a discovery of unauthorized dumping stalled the closing of decades-old orders. Richard Sant, representing the property owner, initially sought to clear orders from the 1980s and 90s, noting that all the drywells are in the ground
as required. However, Penella reported that a recent site visit revealed a massive pile of debris—including soil, mulch, grass clippings, ash, and leaves—dumped past the conservation markers behind an unpermitted shed. Pine DuBois of the Jones River Watershed Association emphasized the environmental stakes, noting it's important to find out whether that pile behind the shed is dangerous to those aquatic systems or not,
as the property sits adjacent to a critical tributary. Motion Made by M. Kozodoy to continue the request and the associated RDA for the shed to June 10th. Motion Passed 5-0.
Public safety concerns dominated the discussion regarding an enforcement order at 6 Prospect Street. The Commission scrutinized the property owner, identified as Brian, for unpermitted excavation near a dam and culvert that has resulted in a water-filled pit. While the owner reported installing silt socks and fencing, he admitted he had not yet secured a Professional Engineer (PE) to design a permanent solution, citing difficulty finding contractors willing to perform the physical labor. Chair Franklin pressed for immediate action to secure the site, telling the owner, I'm going to ask you to consider taking some positive steps to make sure that no one can access that hole... only bad things happen from that perspective.
Motion Made by B. Payne to continue the matter to May 27th and modify the Enforcement Order to require a signed PE contract by May 26th. Motion Passed 5-0.
A debate over stormwater improvements at 20 Marian Drive (also known as 1 Royce Drive) resulted in a rare split vote. The applicant sought to amend orders to include a sediment forebay and rain garden within the 200-foot riverfront area. While Penella noted that peer reviewers found the design to be the best option for the site,
Member Marilyn Kozodoy voiced significant reservations. I'm struggling with the use of the words 'likely' and 'practicable,'
Kozodoy said. I'm also struggling with the lack of any examination of the alternatives as presented.
Attorney Adam Brodsky countered that the project had already been confirmed to meet your performance standards,
leading the board to move forward despite Kozodoy's concerns. Motion Made by D. MacFarlane to close the hearing. Motion Passed 5-0. Motion Made by B. Payne to approve the request for amendment with special conditions. Motion Passed 4-0-1 (M. Kozodoy abstaining).
The Commission also navigated a complex restoration plan for 28 Rabbit Road, where previous unauthorized clearing had stripped a section of the riverfront. Attorney Julie Barry argued that the applicant should be allowed to maintain a vested use
of the lawn due to public health risks like ticks. Dr. John Rockwood proposed a plan to treat invasive Mugwort, Tree of Heaven, and Knotweed while creating a pollinator type of garden.
However, Penella argued the application used pre-existing lawn as the baseline
for a site that should have remained intact forest. Vice Chair Megan Hickey noted her attendance at previous meetings regarding the enforcement, eventually moving to separate the invasive treatment from the lawn maintenance. Motion Made by M. Hickey to close the hearing. Motion Passed 5-0. Motion Made by M. Kozodoy to issue a Negative 3 Determination for invasive treatment and a Positive Determination (requiring further filing) for the lawn maintenance. Motion Passed 5-0.
In other business, the Commission reviewed a proposal for a 1,400-square-foot home at 18 Smith's Lane. Courtney Beckwith of Southshore Survey noted the driveway would remain completely outside the buffer zones,
but Penella signaled that the current plan likely requires additional mitigation to meet local wetland regulations. Motion Made by M. Kozodoy to continue the hearing to May 27th. Motion Passed 5-0. The Commission also authorized the Town to proceed with stormwater test pits at Drew and Siver Avenues. Motion Made by B. Payne to issue a Negative 3 Determination for the test pits. Motion Passed 5-0. Member Dot MacFarlane and Member Brian Payne remained active throughout the night, questioning the cumulative impacts of clearing near town brooks and the necessity of erosion controls for municipal projects.