Kingston Debates MBTA Zoning District Adoption

Board votes against state-mandated changes despite potential funding loss

KINGSTON, MA - October 22 - The Kingston Board of Selectmen voted 2-3 against adopting state-mandated MBTA zoning district changes during their October 22 meeting, despite concerns about potential loss of state funding and grants.

The proposed zoning changes, required by the MBTA Communities Act, aim to create multi-family housing near transit stations. Kingston's obligation was to provide 805 family units with a minimum land acreage of 50 acres.

Town Planner Valerie Massard presented a plan that would meet state requirements while minimizing impact on the town. The proposed district included areas already developed, primarily within the Kingston Collection mall property.

Board member Tyler Bouchard, who served on the MBTA zoning district task force, supported adopting the changes. "We have the best situation in the entire state," Bouchard said. "I think we can get through this with minimal harm to our town."

However, other board members expressed concerns about state overreach and potential long-term consequences.

"The state will continue to take control as long as you let them," said member Kimberly Emberg. "They're going to keep moving the goal line."

Town Administrator Keith Hickey outlined the potential financial implications of rejecting the zoning changes. "To date, Kingston's received $8.25 million in revenues that we will no longer be eligible to receive," Hickey said.

These funds included $6 million for water and sewer improvements related to the Amazon development, $400,000 for the Winthrop Street property purchase, and $195,000 for a watershed preserve annex on Grove Street.

Hickey also noted future projects that could be eligible for state funding, including a $5 million well construction and a $4.5 million water tank.

Despite these considerations, the board ultimately voted against recommending the zoning changes, with two members in favor and three opposed.

Sewer Commission Seeks Collaborative Approach to Address Financial Shortfall

In the same meeting, the Kingston Sewer Commission proposed forming a working group to address a financial shortfall in the sewer expansion project.

Brian Donahoe, a member of the Sewer Commission, presented the issue to the Board of Selectmen. "We want to come up with a resolution that meets many objectives," Donahoe said. "It suits the town. It's a complicated issue."

The commission is facing a shortfall in funding for the recently completed expansion of the wastewater treatment plant. The project added two new tanks, increasing the plant's capacity. However, slower than anticipated economic development has left the town with unsold capacity and a funding gap.

Elaine Fiore, chair of the Sewer Commission, explained the situation: "We have three tanks filled, three out of four tanks filled. So that fourth tank never made it because we didn't have a product to sell anymore. Economic development was not supported."

The commission is now exploring options to address the shortfall, including potentially adjusting the split between town contributions and user fees.

Historically, the town paid one-third of the capital costs through the tax levy, with users paying two-thirds through betterments. However, this arrangement was not clearly communicated or understood by all parties in recent years.

Donahoe proposed creating an advisory committee including members of the Board of Selectmen, Sewer Commission, Finance Committee, and possibly representatives from the Water Department and Board of Health.

"The goal would be to have a good frank discussion about the situation and based on that come up with several options," Donahoe said. He emphasized the importance of having a plan ready before the next town meeting.

Board of Selectmen Chair Eric Crone expressed support for the idea. "I think it would certainly be a good idea to kind of get something going, and sooner rather than later," he said.

The board agreed to discuss forming a working group or advisory committee at their next meeting.

The Kingston Board of Selectmen also voted unanimously Oct. 22 to order the euthanasia of a dog deemed dangerous after reviewing evidence of multiple attacks over the past 18 months.

The hearing focused on Angel, a 9-year-old female pit bull owned by Rebecca Montgomery of Silver Lake Drive. Animal control officers presented reports of three separate incidents dating back to April 2023 in which the dog allegedly attacked or threatened other dogs and people.

"I do believe that based upon our information previous incidents that Angel is a dangerous dog," said Joanna Boudreau, Kingston's senior animal control officer.

The most recent incident occurred Sept. 20, when Angel reportedly broke through a screen door and attacked two puppies being walked across the street by Torin Jensen and his brother.

"If it weren't me and my brother there or to be like my parents, I don't believe that they would have been able to restrain the dog like me and my brother were able to," Jensen testified. "This dog was a very solid little dog."

Jensen said one puppy suffered fractures to its leg and a large puncture wound. Veterinary bills for both dogs totaled about $8,000, he said.

Two earlier incidents were also detailed. On April 24, 2023, Angel allegedly chased and bit a neighbor's dog. On April 1, 2024, the dog was involved in a fight with another dog on the property where it lived.

Montgomery and her family members spoke in Angel's defense, saying she had never had issues with small dogs before and was good with children. They suggested the September incident may have been triggered by Angel being in heat.

"The only time we've ever had problems with the angel is when she's not in our care," said Emily Montgomery, who lives at the property. "She has never been in my care, Rebecca's care or Justin's care and had an issue."

Rebecca Montgomery said she had been working with Angel and had found a trainer, though animal control officers said she did not follow through on scheduling a consultation.

The board ultimately sided with animal control's recommendation that the dog posed too great a risk to public safety.

"I think it's unrealistic to think that the few people that can keep her controlled would be with her all of the time," said Emberg.

As a potential alternative to euthanasia, animal control had recommended several other potential restrictions, including requiring the dog be muzzled when off the property and that the owners obtain $100,000 in liability insurance.

However, board members expressed concern about the severity of the attacks and the dog's history as a former fighting dog that "wouldn't fight."

"We've had other incidents that we've looked at that were worse - I mean that were not as bad as this. This is the worst I think we've seen that have come before us," said Emberg.

The board's order gives Montgomery the right to appeal the decision. If no appeal is filed, animal control will coordinate with the owner to carry out the euthanasia order.