Public Meetings - Lee, Massachusetts

[The Lee PCB Advisory Committee met on March 2, 2026, with representatives from the U.S. Environmental Protection Agency (EPA) for an informational hearing on the cleanup of PCB-contaminated sediments in the Housatonic River and the proposed Upland Disposal Facility (UDF). The chair established ground rules that the meeting was not for re-litigating opposition to the project, which was well documented, but for asking technical questions and understanding current status. The committee and public had opportunities to ask questions of EPA’s team, including Josh (project manager), Brian Olson (director of Superfund section for New England), and John Kilborn (site attorney).] Public Comments & Testimony - David Ball, a resident, submitted a flyer from the Massachusetts Department of Fish and Wildlife about PCB risks to wildlife and children, expressing concern about the contamination. - Gail, another resident, described episodes of poor air quality near her home, which she attributed to an asphalt plant under certain weather conditions, and asked EPA to consider monitoring for PCBs during similar conditions. She expressed concern about cumulative effects. Consent Calendar - The committee unanimously approved the minutes from the February 13, 2026 meeting. Discussion Items - EPA-GE Relationship & Enforcement: EPA explained that the 2000 Consent Decree with GE (now GE Aerospace) is a contract with no termination date, holding GE liable in perpetuity. EPA can enforce through stipulated penalties, take over work, or access a $150 million performance bond (issued by Zurich America) if GE fails to perform. The financial assurance bond is separate from oversight costs; EPA has about $20 million in a special account for oversight, the largest team in New England. - Oversight & Community Reporting: EPA will have a construction trailer on site, full-time oversight during critical activities (e.g., liner installation, dredging), and air monitoring with conservative action levels. Data will be posted on GE’s website (seven-day rolling) and monthly reports to EPA. EPA is developing periodic fact sheets for the public. Tours of the UDF will be arranged for the committee and elected officials. - Sediment Acceptance Criteria: Sediment placed in the UDF must average less than 25 parts per million (ppm) per reach; floodplain soils must average less than 50 ppm. No individual vertical core averaging 100 ppm or greater can go to the UDF—it must be shipped off-site. New data from pre-design investigations shows that reach 6 (Woods Pond) sediment averages only 3.5 ppm, well below the 25 ppm criteria. - Dewatering & Water Treatment: Hydraulic dredging will generate large volumes of water, to be treated via a multi-stage system (chemical treatment, filtration, granular activated carbon) and discharged clean back to the river. Geotubes will dewater sediment. EPA noted that dewatering water volumes are extensive but manageable, similar to New Bedford Harbor. A water treatment system will be constructed on site. - Groundwater Monitoring: Extensive existing and new monitoring wells (shown on a map) will track groundwater quality around the UDF for PCBs and other analytes in perpetuity. - Project Sequencing: EPA is pushing GE to accelerate cleanup by performing work on reach 5A and Woods Pond simultaneously, which could allow Woods Pond to be capped in less than five years, reducing overall project duration and community disruption. Key Outcomes - No substantive votes were taken; the meeting was informational. - EPA committed to providing written answers on: the specifics of the $150 million bond (whether cash or performance bond and duration), and long-term liability coverage beyond the bond period. - The committee and EPA agreed to continue regular meetings (every two weeks) and EPA will return for future discussions as needed. - The meeting adjourned with appreciation from the chair for the detailed information provided.

The Lee Select Board met on February 17, 2026, to address a continued public hearing on utility poles, approve a building department fee schedule, hear a municipal vulnerability grant proposal, discuss the town's seasonal community designation, receive extensive public testimony on EverSource smart meters, consider internal police chief candidates, name the Stockbridge Road property, act on a municipal aggregation amendment, and appoint police officers. The meeting also included a public safety update on Railroad Street construction and adjourned with the next regular meeting set for March 3, 2026. Consent Calendar - Minutes of February 3, 2026 were approved unanimously without edits. Public Comments & Testimony - Catherine Lazone (Scientific Alliance for Education) detailed fire hazards from smart meters, dirty electricity causing health issues, and surveillance concerns. She urged the board to require safety guarantees and full disclosure from EverSource. - Jim Wallace (Tricon Health Director) stated that the Board of Health lacks jurisdiction over the Department of Public Utilities but can investigate nuisances. He advocated for a no-cost opt-out option and noted an SJC case on board of health authority over EMF. - Jonathan (Hilltown Health) suggested the Board of Health might have plenary power, and recommended conditions such as informing residents about radio frequency radiation. He noted that 95% of residents are unaware of the radiation aspects of smart meters and shared that a moratorium in Charlemont was deemed non-binding. - Amy (Dalton biologist) expressed support, noted FCC regulations are outdated (dating to 1996), and asked about meeting archives. - A resident who locked her meter stated that insurance does not cover smart meter fires and that she will not allow installation. Discussion Items - Public Hearing Continued – Woodland Road Poles: The board continued a hearing on installing two new jointly owned poles. They sought information from GE about underground options but received no response. A motion to continue to March 3, 2026 passed unanimously. - Building Department Fee Schedule: Matt from the building department explained that the updated schedule aims for uniform rates across five towns. The board accepted the schedule, incorporating suggested changes to legal headings. Motion carried with one abstention. - Municipal Vulnerability Grant (MVP) – Culvert Prioritization: Town Planner Brook Hill and BRPC's Alison Dixon proposed a two-year regional culvert assessment project with zero percent town match. The project would identify the top 10 replacement priorities and strengthen future infrastructure grant applications. The board authorized the chair to sign a letter of support. - Seasonal Communities Designation: Hill presented Lee's new designation, which requires two zoning bylaw changes within two years (allowing undersized lot development and tiny houses as of right). Benefits include access to up to $2 million in grants (with a per-town cap of $175,000 in the first year), the ability to create a year-round housing trust serving 80–250% AMI, and infrastructure funding. No vote taken; the board will consider placing the article on the town meeting warrant and plans a public informational session with state officials. - EverSource Smart Meter Discussion: The board heard extensive public concern and acknowledged limited authority under DPU jurisdiction. Options discussed included a moratorium (likely non-binding) or a bylaw, with recognition that legal challenges are probable. The board may also engage with the legislature. - Internal Police Chief Candidates: Lieutenant Stephanie Burdick is the sole internal applicant. A motion to schedule an interview passed. - Stockbridge Road Property Naming: From 32 public submissions (13 from students), "Corn Hill Preserve" ranked highest in scoring. After discussion, the board preferred "Corn Hill Farm Park" and voted to put that name out for town comment. - Municipal Aggregation Amendment: The board authorized the town administrator to sign an amendment due to a cost recovery fee imposed by DPU/ISO New England, raising the delivery rate from approximately 13.042 to 14.292 cents/kWh. Residents may opt out without penalty. - Police Officer Appointments: Connor Fitzsimmons and Mason Mileck were appointed as police officers effective February 27, 2026, with seniority per the chief's recommendation. Motion passed unanimously. Key Outcomes - Minutes approved. - Public hearing on Woodland Road poles continued to March 3, 2026. - Building Department fee schedule approved with heading revisions; one abstention. - MVP grant letter of support authorized. - Police chief interview scheduled for Lieutenant Stephanie Burdick. - Stockbridge Road property to be named "Corn Hill Farm Park" pending town comment. - Municipal aggregation amendment signed. - Two new police officers appointed. - Next regular meeting: March 3, 2026.

The Lee Select Board convened on February 3, 2026, to address a public hearing on utility poles, a major presentation and public testimony on smart meter health concerns, several unanimous approvals, and town updates. The board voted to continue the pole hearing for feasibility on undergrounding, sent a letter supporting state legislation on smart meter opt-out fees, and approved appointments, a housing project letter of support, and a hazard mitigation plan. Consent Calendar - Approved the open session minutes from January 20, 2026. - Unanimously adopted the Town of Lee Hazard Mitigation and Climate Adaptation Plan. - Approved fee waivers for annual inspections for the Baptist Hills Baptist Church and First Congregational Church. - Authorized a letter to MassDOT granting permission for a Rectangular Rapid Flashing Beacon (RRFB) crosswalk sign near the Sunoco station on West Park Street. - Approved a temporary extension of alcohol service and entertainment hours until 11 p.m. for Starving Artists Cafe on June 13, 2026. - Signed the Articles of Incorporation for the Town of Lee Affordable Housing Trust. Public Comments & Testimony - Kathy Hall praised the town's "Neighborly News" newsletter, crediting the town administrator and his assistant. - Courtney Gilliard (Pittsfield resident, electro-sensitive) spoke against the Eversource smart meter rollout, citing health effects from microwave radiation, and called for a moratorium and free opt-outs. - Cecilia Dustack (Director, Massachusetts for Safe Technology) gave an extensive presentation against smart meters, citing peer-reviewed science on cancer, DNA damage, and neurotoxicity. She urged the board to pursue a moratorium and no-fee opt-outs. - Several other speakers during the smart meter discussion echoed health concerns, fire risks, and criticized Eversource's opt-out fee structure ($34.23/month), contrasting it with policies in Vermont, Rhode Island, and New York. Discussion Items Public Hearing on Utility Poles - Ryan Anderson (Eversource) presented a request for two new jointly owned poles on Woodland Road to serve a new commercial customer (GE/upland disposal facility). - Board member Bob questioned the board's jurisdiction over the matter. Another member expressed strong support for exploring underground installation due to the scenic road designation. - Outcome: The hearing was continued to February 17, 2026, for legal research on requiring underground lines. Smart Meter Update and Legislative Letter - Jason of Eversource stated the current system already uses RF, the new meters can have radios turned off for opt-out customers, and the opt-out fees ($34.23/month) are set by the DPU. - Board member Gordon expressed strong opposition to the DPU and supported sending a letter to eliminate opt-out fees. - Board member Bob expressed confusion over conflicting scientific literature and questioned the public benefit of new meters over the existing drive-by system. - Outcome: The board unanimously voted to send a letter to the state legislature supporting bills H.3351 and S.2306 to reduce or eliminate smart meter opt-out fees. The Town Administrator was asked to research the town's authority to enact a local moratorium on installation. West Center Canal Street Housing Project Support - Diana of the CDC requested letters of support for the affordable housing project at the former Eagle Mill site. - Board member Bob recused himself from the state letter due to a conflict of interest with his employment for the Commonwealth. - Outcome: Letter to the Board of Public Works for a 50% reduction in water hookup fees was approved unanimously. Letter to Undersecretary Katherine Racer supporting project funding was approved 2-0-1 (Bob abstaining). Town Appointments - Michelle Bombardier appointed to the 250th Anniversary Committee. - Catherine McCormick appointed as associate member to the PCB Advisory Committee. - An Ad Hoc Stockbridge Road Committee was formed for 300 Stockbridge Road, consisting of Sean Renier, Chris Britton, Brooke (Town Planner), Thomas Wickham/Consolati, and Jamie Wickham. Key Outcomes & Updates - Pole Hearing Continued: Continued to February 17 to explore undergrounding. - Smart Meter Letter Authorized: Unanimous vote to send letter supporting legislative elimination of opt-out fees. Research into a local moratorium authorized. - Housing Project Supported: Letters approved for funding and fee reduction. - Appointments Approved: 250th Anniversary, PCB Advisory, and Stockbridge Road committees formed/filled. - Town Awards: Wellness and Safety committees received MIIA state-wide awards, a first for a single town to receive both. - Public Safety Building: Construction has begun on the site with contractors J&J and Reifenberg. - Next Meeting: February 17, 2026, at 7 p.m.

The Lee Select Board met at 7 p.m. on January 20, 2026. The board approved minutes; heard public comment about Eversource smart meters; received a Green Theory update; approved a CDC South Berkshire fee-relief agreement, a DLTA technical assistance application, a Bee City resolution, an internal police chief posting, a flag policy amendment, several Lee Pride items, and a Lee Historical Society sign permit; and appointed two firefighter/EMS candidates. All recorded votes were by voice vote and appeared unanimous. Consent Calendar - Open session minutes of January 6, 2026, were approved with two minor, non-substantive adjustments. Public Comments & Testimony - Cindy Matthias of Lee expressed opposition to Eversource smart meters. She stated that Eversource letters dated Nov. 4 and Dec. 4, 2025, did not mention the opt-out option and that 95% of people are unaware they can opt out. She cited health concerns from pulsing RF/EMF radiation, fire risk for pre-1990 houses, a PG&E lawsuit linked to California fires, and 50 California local governments banning smart meters. She said Eversource charges a one-time $42 opt-out fee and a $34 monthly fee, while Vermont allows fee-free opt-out. She asked the board to negotiate a lower fee (about $10), place the topic on a future agenda with Tri-Town Health Department participation, and consider refusing smart meters for the town. Discussion Items Green Theory Update - Yupesh, an investor and interim CEO of Green Theory Cultivations, reported that the previous CEO resigned Dec. 2 after misconduct findings by the CCC. He said the facility's Clean Theory odor-mitigation system had not run for about 1.5 years and that refilling/calibration is scheduled for the upcoming Thursday after a delivery truck breakdown delayed it. He also said water/property tax payments are on a signed payment plan: the first payment has been made and the next is due Feb. 1. Board members encouraged the company to keep the odor system running and said the town wants Green Theory to succeed. CDC South Berkshire Fee-Relief Agreement - Jim Harwood, president of CDC South Berkshire, presented a written request for a 50% reduction in building permit fees, estimated at about $120,000 in total fee relief. Water and sewer fees are excluded and will be addressed separately with the Public Works Board. Funding for the project would come through EOHLC and MassDevelopment. The board approved and signed the agreement. DLTA Technical Assistance Application - Town Planner Brooke Healy explained that the town was designated a seasonal community and is applying for a DLTA technical assistance grant through the Berkshire Regional Planning Commission. Lee would be the lead municipality in a collaborative effort with Williamstown and Lenox to research possible seasonal-community bylaws. The service is free to the town and includes letters of support from Williamstown and Lenox. The board approved signing the application. Bee City Resolution - Healy presented a Bee City/B City resolution supporting native pollinators, pollinator habitat, and reduced pesticide/herbicide use. Lee already does much of this through pollinator pathways and Greener Gateway programs. Board discussion covered the nonprofit sponsor, the $100 annual fee for towns under 9,999 population, and the annual reporting role of the Greener Gateway Committee. The board adopted the resolution. Police Chief Internal Posting - Police Chief Craig DeSantis is retiring in early fall. The board discussed starting with an internal posting, with the option to go external later if needed. Members noted the department has qualified internal candidates and a history of successful internal promotions. The board voted to authorize an internal posting. Flag Policy Amendment - The board considered adding language to allow flags designated in a select board proclamation to be flown. Concerns were raised about unintended consequences, future boards, church approval because the flagpole is near First Congregational Church, and available flagpole capacity. The board approved the amendment with a condition that any nonstandard flag must come back to the board with its proposed size and duration for approval. Lee Pride Requests - Josh Broom, a volunteer with Lee Pride/Berkshire Pride, requested a one-month temporary sign permit for a 48-square-foot banner from May 15 to June 13, with the fee waived; two one-day entertainment licenses for June 13; and the 2026 Pride proclamation. He explained that police recommended closing the parking lot for Pride in the Park (10 a.m. to 2 p.m.) due to car-ramming security concerns, and that the $633.60 police cost is budgeted by Berkshire Pride. The event also includes drag bingo at 5 p.m. and a 21-plus drag show/dance party at Starving Artists Cafe. He noted new additions: an LGBTQIA+ history scrapbook for the Lee Library, a walking tour, and a Jacob's Pillow exhibit at the library in June. A separate request for extended serving hours at Starving Artists Cafe would need to be submitted by letter and did not affect the entertainment license. Lee Historical Society Sign Permit - The board approved a 6-square-foot temporary sign permit with a fee waiver for the Lee Historical Society on March 26, May 28, Sept. 24, and Nov. 18, 2026, for its speaker series. Roll Road Toll Applications - The board announced the annual roll-road toll application for nonprofits. Deadline is Feb. 23, 2026. Guaranteed spots are held for Housatonic River Initiative, Lee Middle/High School Golf Program, and Lee Middle/High School Boys Basketball Booster; four additional spots are available, with random selection if oversubscribed. Firefighter/EMS Appointments - The board appointed Brooke Healy as per-diem EMT/firefighter with a Section 20 exemption and Mitchell Arsenal as full-time firefighter/EMS. Both are current town employees. Town Administrative Updates - Administrative updates included: a redesigned town website coming by the end of January, with leema.gov replacing lee.ma.us through a redirect; notice to proceed with J&J Construction for the public safety building; site work beginning Feb. 2, 2026; estimated completion end of July 2027; and thanks to DPW for snow removal work. Key Outcomes - Approved Jan. 6, 2026 minutes. - Approved and signed the CDC South Berkshire building fee relief agreement (50% reduction; approx. $120,000). - Approved signing the DLTA technical assistance application. - Adopted the Bee City/B City resolution. - Authorized an internal posting for police chief. - Amended the flag policy to allow proclamation-designated flags, subject to board approval of flag size and duration. - Approved Berkshire Pride sign permit with fee waiver, both one-day entertainment licenses, and the 2026 Pride Month proclamation. - Approved Lee Historical Society sign permit with fee waiver. - Appointed Brooke Healy per-diem EMT/firefighter and Mitchell Arsenal full-time firefighter/EMS. - Next regular meeting set for Feb. 3, 2026; meeting adjourned.

The Lee Select Board met at 7 p.m. on January 6, 2026. It approved prior meeting minutes, delayed and then conducted a public hearing for a restaurant license, discussed a fee waiver for the West Center Street affordable housing project, approved one-day liquor licenses and appointments, and heard the town administrator’s report. The next regular meeting is January 20, 2026. Consent Calendar - Approved the open session minutes of December 23, 2025 by unanimous voice vote. Public Comments & Testimony - No public comment was offered at the start of the meeting or during the public hearing. Discussion Items - Green Theory Cultivation update: Attorney James attended because the acting CEO remained ill. The town had received a $10,000 payment and a signed agreement; the next $20,000 payment is due February 1, 2026. Board members asked about the odor mitigation system; James said progress was being made but he would follow up by email about whether the system had been activated. - West Center Street affordable housing fees: The board continued discussing possible waiver or reduction of building, electrical, and plumbing permit fees; water connection fees are not under town authority. Building commissioner Matt described inspection workloads at Eagle Mill and similar large projects, including plan reviews of 6-7 hours, weekly or biweekly site visits, and 2-3 visits per week during foundation work. Stephanie of CS CDC said total hookups were roughly $300,000, project costs were about $26-27 million, and the requested fee forgiveness was about $250,000 out of roughly $500,000 in total fees. She said the project was invited to apply (not selected) for One Stop funding, with an application planned for March, and cited a Lenox project’s roughly $750,000 local request as evidence that local match matters. Board members supported exploring a 50% reduction of building department fees but wanted hard cost figures to ensure Lee and Stockbridge inspection costs are covered and to avoid an unwanted precedent. The board asked the developer to submit a draft agreement and cost estimates; town counsel will review it and the board will take it up at a future meeting. - Public hearing for Keep It Crispy LLC d/b/a JuJu’s: Applicant Josh requested a new annual all-alcohol restaurant license and new entertainment licenses (one for weekdays/Saturday and one for Sunday). Alcohol serving hours were amended to 11 a.m. to midnight; the restaurant normally closes at 9 p.m. (8 p.m. in winter), with later hours intended for private events and community gatherings rather than a late-night bar. Entertainment hours were set at 11 a.m. to 10 p.m., with a maximum five-person band. The applicant agreed to the 10 p.m. entertainment cutoff after board concern about late-night noise. - Short-term rental discussion: The item was added at residents’ request, but no requesting short-term rental owner attended, so the board took no action and tabled the item. - Naming contest for 300 Stockbridge Road: The board discussed naming the roughly 218-acre town-owned open space. The land was acquired in the 1990s for a golf course and later connected with CPA funds; studies recommended preserving it for agriculture and nature. Planned work includes a trail connecting to Long Cope and Fairview Street, continued haying/meadow management, and elementary school tree planting. The board endorsed a public naming contest with about a month for submissions, requiring a proposed name and up to 500-word explanation; the winner will be chosen at a later board meeting and will receive a page in the FY26 annual town report. - One-day alcohol licenses: The board approved a license for the Lee Fire Company’s annual Christmas party (discussion referenced Jan. 9-10) and a license for the Lee Sportsman’s Association fundraising dinner on January 31, 2026, from 3 to 10 p.m. - 250th Anniversary Committee appointments: The board appointed the slate read aloud. Several seats remain open, including Cultural Council, Knights of Columbus staff member, Parks and Recreation, VFW, and school staff member. - Special municipal employee designation: The board designated the IT director position as a special municipal employee so the current IT director, Mitch Ars, can also take a full-time EMT/firefighter position while continuing his part-time, under-800-hours IT role. - Berkshire Gas permit: The board approved a gas service replacement at 80 Tamarack Avenue, in the rear of the property, with police and DPW sign-offs and no police detail required. - Town administrator’s report: Chris announced Catherine McCormick as the new assistant clerk/collector, a signed contract with J&J for the public safety building project, and the first “Neighborly News” newsletter paid for by sponsors. Key Outcomes - Approved December 23, 2025 minutes. - Approved the all-alcohol restaurant license for Keep It Crispy LLC d/b/a JuJu’s with 11 a.m.–midnight alcohol service. - Approved the two entertainment licenses for JuJu’s with 11 a.m.–10 p.m. entertainment and a five-person band maximum. - Approved the Lee Fire Company one-day alcohol license. - Approved the Lee Sportsman’s Association one-day alcohol license for January 31, 3–10 p.m. - Approved the 250th Anniversary Committee appointments as listed. - Designated the IT director position as a special municipal employee. - Approved the Berkshire Gas permit for 80 Tamarack Avenue. - Endorsed the naming contest for the 300 Stockbridge Road property. - Deferred action on the West Center Street fee waiver pending a draft agreement and cost figures; no vote was taken. - Took no action on the short-term rental discussion item.

The Lee Select Board held its regular meeting on December 16, 2025, at 7:00 PM. The board addressed several items including an affordable housing project, a payment plan for Green Theory, a bike share grant, energy siting updates, and various license renewals and appointments. Consent Calendar - Minutes of December 2, 2025: Approved unanimously. - Common Victualer License for Al Dente (Vivaldi's): Approved new application. - 2025 ABCC Annual Report: Approved. - 2026 Annual Alcohol License Renewals: Approved as posted. - 2026 Common Victualer, Innholder, Entertainment, Amusement Device, Auto Dealer, and Taxicab/Limo License Renewals: Approved. - 2026 Seasonal Population Increase: Approved; increase of 4,842 seasonal residents. - Appointment of Full-Time Police Officer: Ivan Rodriguez appointed unanimously. Public Comments & Testimony No members of the public spoke during the public comment period. Discussion Items Affordable Housing Project at West Center and Canal Street - Representatives from CDC South Area presented an update on the proposed 63-unit, 100% affordable housing project. They requested town support for two initiatives: expanding the Smart Growth Overlay District to include their site, and reducing/waiving permitting and connection fees (estimated at over $500,000, including $230,000 for water/sewer). - The board voted to sign a letter endorsing expansion of the Smart Growth Overlay District. Expanding the district would allow the town to receive approximately $190,000 from the state in density bonus payments. - Regarding fee reductions, the board decided to gather more information from the Building Commissioner and will revisit the topic at the January 6, 2026 meeting. The Building Commissioner noted that fee reductions would not impact inspector salaries since inspectors are on salary/stipend. Green Theory Payment Plan - The board discussed prioritizing water/sewer payments over real estate taxes for Green Theory's outstanding balances. The Board of Public Works proposed two payment plan options; the board passed a motion to prioritize obtaining $61,000 upfront to be applied to un-leaned water/sewer charges first. Bike Share Grant - Town Planner Chris presented a grant application for a bike share program, funded entirely by grants with no town money. Estimated annual cost is $35,000, offset by user fees. The board voted to support the application, which is due January 9, 2026. Energy Siting Update - The board received an update on new state laws regarding renewable energy siting. Discussion included the possibility of a zoning bylaw, moratoriums, and protections for Scenic Mountain Act and Wetlands. No action was taken; further updates expected in March 2026. Letters of Support for CPA Applications - The board approved two letters of support for Parks and Recreation Committee CPA applications: one for trail improvements at 300 Stockbridge Road, and one to designate Ferncliffe as an arboretum with interpretive signage. Utility Cut Permit (EPA/G.E. Related) - The board discussed a utility cut permit for a water line serving the EPA/G.E. cleanup site at 339 Woodland Road. The board expressed frustration over lack of local control due to federal override. A motion to postpone the permit indefinitely passed. Town Administrator Report - Town Administrator Chris reported that a construction contract for the new Public Safety Building was awarded to J&J Construction at approximately $24.5 million, which is $4.5 million under budget. He also congratulated the police department for a successful sweater run and the town's Wellness Committee for receiving a state award. Key Outcomes - Motion Passed: To sign a letter endorsing expansion of the Smart Growth Overlay District for the affordable housing project. - Motion Passed (unanimous): To instruct the Board of Public Works to seek $61,000 upfront from Green Theory applied to water/sewer charges first. - Motion Passed (unanimous): To support the application for the bike share grant. - Motion Passed (unanimous): To postpone indefinitely the utility cut permit for the EPA/G.E. water line. - Motion Passed (unanimous): To approve all listed license renewals, seasonal population increase, and appointment of Ivan Rodriguez. - Next Meeting: January 6, 2026.

The Lee Planning Board and the Zoning Board of Appeals (ZBA) met jointly on Monday, December 8, 2025, at 6:00 p.m. They approved prior minutes, continued a special permit case, heard a preliminary downtown housing proposal, and reviewed a zoning bylaw use-table overhaul. The ZBA adjourned at 7:18 p.m., and the Planning Board continued its own business. Consent Calendar - The ZBA unanimously approved its September 18, 2025 meeting minutes. - The Planning Board unanimously approved its November 10 and November 24, 2025 meeting minutes, with the November 24 minutes approved without amendment. Public Comments & Testimony - The formal public comment period had no speakers. - Later in the meeting, an attendee named Gordon offered comments: he said the zoning enforcement officer, not the planning board, interprets the zoning bylaw; he urged moving definitions to the front of the code; and he suggested checking whether the floodplain special permit was historically required by statute or federal rules. Discussion Items Procedural Note - The board declined to discuss an item that had not been posted on the agenda, citing the Open Meeting Law, and asked that material be submitted to Brooke in advance for a future meeting. Special Permit: 15 Via Maria - The board continued a special permit application for a nonconforming structure at 15 Via Maria. - The building official had determined that existing steps/decking encroach into a side-yard setback and that the nonconformity was pre-existing, but the survey on file did not show the proposed new deck. - The board unanimously voted to table the matter until the applicant submits a survey showing the new structure. Brooke was asked to contact the applicant. Preliminary Proposal: Former Price Chopper Property - Property owner Muhammad Xavier presented preliminary concepts for the former Price Chopper site. - He proposed tearing down the old building and constructing a roughly 21,000-square-foot building with about 60 apartments over two to four floors, with at-grade parking on the first floor and surface parking, to avoid flood exposure. He described the project as market-rate/workforce housing, mostly two-bedroom units with rents around $2,000–$2,500 per month, and said it would require state funding because construction costs are about $500 per square foot. - He said he currently owns about one-third of the existing parking lot and would own the entire lot after the purchase. He raised concerns about losing downtown parking and floated a possible town partnership involving municipal parking and a park. - Planning Board members said the at-grade parking/pier approach should be feasible in the floodplain if an engineer addresses compensatory storage and flood elevation. Several members encouraged the workforce-housing direction and said there may be demand for such housing. - Members were skeptical of the town partnership/park idea, citing maintenance, ownership, and legal complexity. They noted the downtown DCBC zoning may allow four stories by special permit. - Xavier said the existing adjacent parking lot would be reserved for his current tenants and customers and opposed a cut-through connection for traffic-safety reasons. No vote was taken; the board treated the presentation as preliminary feedback. Zoning Bylaw Use Table and Special Permit Authority - The Planning Board and ZBA discussed converting Lee’s zoning use lists into a use table, assisted by regional planning consultant CJ. - The proposed cleanup would shift some use-based special permits from the ZBA to the Planning Board, including golf courses, hospitals, sanitariums, convalescent/nursing homes, private clubs, boat liveries, riding stables, and ski tows. The floodplain special permit could also move from the ZBA to the Conservation Commission or Planning Board. - Absent ZBA member Don Hunter sent a letter supporting removal of ZBA floodplain special-permit approval, calling it duplicative of Conservation Commission oversight and saying any needed special permit should be with the Planning Board rather than the ZBA. - ZBA members asked for time to discuss the proposal as a full board; some wanted to retain some ZBA hearing work because the board has recently reached full membership. Planning Board members favored consolidating permitting and reducing duplicative reviews by multiple boards. - The board agreed to let CJ make red-line edits, consolidate definitions, and simplify the use table with a small group, with a report back to the full board planned for late January and possible action at the spring Annual Town Meeting. Battery Energy Storage System (BESS) Bylaw - CJ reviewed the draft BESS bylaw, explained that he had condensed New York model language, and noted the state’s final model/regulations are not yet complete. - Board members discussed waiting for additional state guidance expected in January because the regulations have a delayed effective date. - No decision was made; the board will revisit the BESS bylaw after state guidance is clearer. Key Outcomes - Minutes were approved as noted. - The 15 Via Maria special permit was continued until the applicant provides a survey showing the proposed deck. - The Xavier proposal received preliminary feedback only; no formal vote was taken. - The ZBA will consider the proposed special-permit authority changes internally; planning staff and consultant CJ will proceed with red-line use-table work and schedule a small-group meeting in early January. - The BESS bylaw was deferred pending state model/regulation updates. - The board noted that member Peg was absent after breaking her ankle and wished her well.

The Lee Select Board met on December 2, 2025, via Zoom due to a snowstorm. Chair Sean, Selectmen Bob and Gordon, Town Administrator Chris, and Planner Brooke discussed several major items, including updates from Green Theory Cultivation (Aruna), a potential bike share program, a housing proposal at the former Price Chopper, and support mechanisms for a Canal Street affordable housing project. Board members expressed cautious optimism regarding Aruna's new leadership and payment plan, showed strong interest in a state-funded bike share pilot, and tabled several items pending further research and input from other boards. Consent Calendar - Minutes of November 18, 2025: Approved unanimously (3-0). Discussion Items - Update from Green Theory Cultivation (Aruna): James, representing the company, informed the board that Harsh resigned on November 26 and surrendered his equity. Upesh Patel has stepped in as interim CEO, with Jerry Degon handling day-to-day operations. A $10,000 payment has been received, and a plan proposes $10,000 per month through winter and $20,000 per month in spring to cover back debts. James stated the new leadership is committed to fulfilling all obligations, including installing a more aggressive odor control system. The board discussed prioritizing the payment plan to address the water and sewer debt first to keep the utility solvent. Communication should go through James and the new CEO. - Bike Share Grant Application: Ryan from BRPC presented a grant application for the Mastods Shared Streets and Spaces Grant, offering up to $250,000 over three years for a pilot bike share program. Lee would be the lead applicant, with other communities joining later. The system would use electric assist bikes at designated stations, operating for about nine months a year. The grant would cover operations and equipment, potentially providing around 100 bikes for the town. Board members had questions about winter storage (not a covered expense), battery maintenance, and the bike-friendliness of Lee's roads. Chris noted the goal is no long-term cost to the town, supported by user fees. The board was receptive and requested more specifics for the December 16 meeting. - Potential Housing at 88 West Park Street (Former Price Chopper): Developer and local business owner Muhammad Xabian presented a concept for a three-story apartment building with higher-end units. He stressed the critical need to preserve downtown parking, as the site currently provides overflow parking for Main Street businesses and town events. Xabian proposed a joint venture with the town (e.g., the town acquiring a portion for parking). He expressed concern over the amount of lower-income housing in town and a lack of funding for market-rate or workforce housing. The board welcomed the conversation, suggested he engage the Planning Board, and expressed openness to a town partnership on parking. - West Center Street / Canal Street Development (Stephanie): - 40R Smart Growth Overlay Expansion: Stephanie, with Chris's support, proposed amending the zoning to include the Canal Street parcel, making it eligible for state density bonus payments (approx. $200k+). These funds could be partly returned to the project. Gordon requested time to understand the financial mechanism and hear from the Planning Board before supporting a letter of support. The item was tabled to December 16. - Fee Waivers / Reductions: Stephanie requested the waiving or reduction of permitting and connection fees (building, electrical) as a mechanism for local support, since the town's Affordable Housing Trust is new and has no funds. Chris explained this is a common way to show local contribution for state funding applications. Gordon wanted input from the Building Commissioner and inspectors. The board tabled the decision to the December 16 meeting. - Utility Cut Permit (Maximilian / UDF Project): A request to cut Woodland Road to install a water line tapping into the Lenox water system for the proposed UDF development. Selectmen Bob and Gordon expressed strong frustration with the UDF project, finding the use of Lenox water on this site ironic given the town's water history. They moved to table the permit until December 16 to conduct further research. Key Outcomes - Juju's One-Day Entertainment License: Approved unanimously for a singer-songwriter series on December 19, 2025, and January 16, 2026. - Utility Cut Permit: Tabled to the December 16, 2025, meeting. - Aruna (Green Theory) Payments: Board signaled a preference to prioritize payments to the Water and Sewer enterprise fund. - Bike Share Grant: Continued discussion scheduled for December 16, 2025. - Housing at 88 West Park Street: Developer encouraged to begin Planning Board process. Town partnership concept to be explored further. - Canal Street 40R Expansion & Fee Waivers: Both items tabled to the December 16, 2025, meeting pending further information.

The Lee Planning Board convened on November 24, 2025, to address a continuation of a zoning matter at 15 Maria Via Maria, endorse a lot conveyance at 200 George Street, and discuss potential updates to the solar bylaw. Public comment was received, and future meeting dates were scheduled. Public Comments & Testimony - Kathy Hall, a former committee member, expressed appreciation for the board's work and commended their efforts. Discussion Items - Continuation of 15 Maria Via Maria: The board reviewed a property where the house is non-conforming due to side setback; steps attached to the structure are considered part of it. The applicant is seeking zoning relief through a 6-2 special permit. The matter was continued to the next meeting on December 8, 2025. - Lot Conveyance at 200 George Street: Pat Colgan, representing Bill Partini, presented a proposal to convey a non-buildable parcel (less than one acre) to an adjacent property owner, Matt. No frontage issues were identified. The board unanimously endorsed the conveyance. - Solar Bylaw Update: A draft to incorporate battery storage into the solar bylaw was presented by Peter. The board discussed changing definitions from acreage to energy production capacity, adding community benefits agreements, and addressing noise and wildlife concerns. The discussion was postponed to the first meeting in January 2026. - Scheduling: Future meetings were confirmed for December 8 and December 22, 2025. The board noted that the planning board typically meets on the second and fourth Mondays. Key Outcomes - The 15 Maria Via Maria matter was continued to December 8, 2025. - The lot conveyance at 200 George Street was endorsed unanimously (motion by Dan, seconded; vote: Dan – aye, Dave – aye, Buck Donovan – aye). - The solar bylaw discussion was deferred to January 2026. - Minutes from previous meetings were tabled and not approved.