A trio of residents owning homes along Smelt Pond who also rely on Raboth Road for access and egress, have filed two lawsuits within a day of each other. Jennifer DiRico, Helen Gavin and Mildred Leonardi, though their counsels, have filed a complaint against the Town of Kingston for approvals sought and granted by the Massachusetts Department of Environmental Protection to modify the Kingston Transfer Station.

Representing the Plaintiffs is Attorney Anne Bingham. Bingham serves as Chairman of the Town of Sharon Board of Health and worked for years as council for DEP Lakeville. The second suit was filed by Attorney William Abbott, a Plymouth resident with offices on Congress in Boston.

Abbott was active in reducing the housing numbers at the Pinehills and has been a vocal advocate for more stringent safety standards at the Plymouth Nuclear Plant. He has filed an action in Land Court enjoining the Town, Thorndike Development, Mary O'Donnell from proceeding with the 40-R Amendment asking that it be declared "invalid or unconstitutional."

The Superior Court Case

The Bingham action refers to the Transfer Station relocation process as "fraud and misrepresentation." She points out that the true purpose of the relocation is not to "improve the level of recycling and reduce the amount of materials disposed of by residents."

She contends that the true purpose is to allow for the extension of a slip lane to Route 3 thus serving the needs of the 40-R project. Further, Bingham alleges that the "true proponent of the relocation is Thorndike Development who requires the change in return for certain inducements and promises made to the Sewer Commission, Water Commissioners and the Board of Selectmen.

Bingham demands that the excessively quick approval by DEP be invalidated and "remanded" back to DEP in light of the issues raised. Moreover, council asks that Thorndike Development be included with Kingston as a proponent in this and all future filings.

A portion of the complaint expresses concern that "Town officials are working in concert with the 40-R Developer to separate and minimize environmental impacts from the 40-R project into small increments which are individually which are individually characterized as ‘de minimus' but which are collectively enormous."

The filing also points out that the creation of changes in roadways result in digging up and relocating materials from two old landfills, one of which is clay covered to protect against W.R. Grace chemical waste products contained beneath. "The Transfer Station modification will occur in the immediate vicinity of a closed landfill to enable construction of a public way to serve a private project." Download text of case here:trsfrstation112007.doc

The Land Court Case

Attorney Abbott's complaint deals with many intriguing issues in seeking relief from a by-law he contends is "invalid and unconstitutional." We have reproduced the case in its entirety minus all attachments. We were most intrigued with the Counts that include "Denial of Procedural Due Process" stating that a Finance Committee member and a Selectman are members of the Indian Pond Neighborhood Association Board of Directors who entered into a confidential agreement with Thorndike Development. Abbott contends that neither of them made known their dual roles whereby "the resulting conflict of interest was not disclosed …prior to …recommendation to the Town Meeting on the relevant Warrant Article to approve the 40-R Amendment…" Download text of case here: Kingston40RComplaint.pdf

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