KINGSTON — Oct. 26, 2026 — The Kingston Board of Selectmen took no action Monday on residents’ challenge to its authority to sign the Miramar sewer agreement, as town counsel’s office stood by its opinion that the town acted within its authority and two members said they would not sign the deal today. The agreement provides Kingston sewer capacity to a housing project of up to 400 bedrooms in Duxbury.
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Chair Kim Emberg said the meeting was scheduled at the request of residents who wanted the board to discuss its scope of authority before the Oct. 27 Special Town Meeting, and that the board had relied on counsel’s advice.
Town Counsel Elizabeth Lydon’s Oct. 20 memorandum, included in the meeting packet, says the Sewer Commission was created by Chapter 439 of the Acts of 1998 and, under state law, holds exclusive authority over the sewer system. It says the Miramar agreement is not an intermunicipal agreement, that the developer must obtain Duxbury approvals separately, and that the Board of Selectmen is a party because roadwork is anticipated in Kingston. Because no town money is being spent on that roadwork, the memo says, no appropriation requiring a Town Meeting vote is needed. The project, at 121 Parks Street in Duxbury, consists of up to 400 bedrooms.
An attorney for the town, Alexander Costa with Mead, Talerman & Costa, LLC, appearing remotely, said the firm had reviewed the questions exhaustively and stands by its opinion.
And just because it doesn’t mention a specific action doesn’t mean that that action is prohibited. That’s a non sequitur.
— Alexander Costa, Town Counsel 1:22:00
Members split on where they stand. Carl Pike said he remains comfortable with the decision to sign but would strongly consider reversing their vote if counsel found the town lacked authority. Missy Bateman said she was still in favor and were taking counsel’s recommendation. Joe Cunningham questioned why the agreement was fast-tracked before the new board took office.
If I had to go back and sign this again, I certainly would not. 100%, I wouldn’t.
— Joe Cunningam, Board of Selectmen 10:11
Sheila Vaughn said that even if the town has legal authority, she did not want to sell capacity to another town and would not say yes.
Residents pressed the board for its due diligence. Marsha Meekins of Lake Street asked whether the board would make public the supplemental advice members received privately from counsel. Costa said such communications are privileged. Dan Zotos of Summer Street, who said he started the citizens’ petitions, said counsel’s one-page memo was inadequate and asked what happens next. He said his Article 15 on the Town Meeting warrant would require a special act of the Legislature for future sewer connections outside Kingston.
