Public Meetings - Lee, Massachusetts

The Lee Select Board met on November 18, 2025 at 6:00 PM. The meeting included an informational session on the Complete Streets program, discussion of odor mitigation from a cannabis cultivation facility, energy siting regulations, and several routine business items. Public comment was heard on odor issues and a property damage complaint. Consent Calendar - Unanimously approved the minutes of the November 4, 2025 regular open session, with one abstention from a member who was absent. - Approved a temporary sign permit for St. Mary's Church for bingo signs on multiple dates through 2026, with the fee waived. - Approved Berkshire Gas permits for partial service replacement at 385 Chapel Street, work completed during abandonment at 770 Summer Street, gas service retirement at 28 Woodland Road Lot 7, and partial service replacement at 6 Union Street (all with required safety details). Public Comments & Testimony - Kathleen (resident) : Thanked the cable advisory committee for adding channel 1302 after a prior request. - Janet Warner (Church Street) : Expressed frustration that the town only hears from the select board member about odor issues; stated the smell from the cannabis facility is frequent and sickening, and called the operator's response insulting. - Ashley (via Zoom, Farby Street area) : Confirmed the odor is obvious to neighbors, noted that employees say the air mitigation system is shut off to save money, and urged the operator to meet with the DPW board. - Ricky (direct neighbor across from the facility) : Reported that his child's daycare provider commented the child smelled of marijuana due to the odor; said the odor forces him to keep windows closed in summer; expressed frustration with the operator's evasiveness. - Jennifer Lindesay (Crossback Street) : Described that tenants of Construct Inc. trespassed onto her property and cleard her woods without permission; stated she has no legal recourse because the company has no assets; asked the board for help. Discussion Items - Complete Streets Tiar 2 Prioritization Plan (Presentated by Nick Russo and Brian Griffiths of BRPC) : Presentated an overview of the state's Complete Streets program and the town's policy. They proposd 14 potential projects including a new bus stop near the library, a shared-use path at 300 Stockbridge Road, traffic calming at Center/Main Street, sidewalk gaps on East Street, Fairview Street, and Summer Street, crosswalk realignments on High Street, sidewalk reconstruction on Marble Street and Railrod Street, and intersection improvements at Orchard/Frankin and the school campus. Projects are conceptual and will be scored by a steering committee. The program is transitioning from a tiered system to a competitive annual grant (up to $1 million per town). The town will also have access to up to $150,000 for design funding. A public interactive map will be released for feedback. No votes were taken. - Clean Energy Siting and Permiting Regulations (Town Planner Brooke) : Notified the board of new state DOER regulations requiring a consolidated permitting process for solar and battery storage by December 2026. The town must adopt a bylaw specifying a local coordinator and review process. Discussion centered on concerns about state preemption, posting requirements (now multi-media instead of newspaper), and the need to amend existing solar zoning bylaws. The board agreed to start working on a bylaw for the May town meeting warrant; a temporary moratorium was mentioned but not formally proposd. - Odor Mitigation at Green Theory Cultivation Facility : The board discussed outstanding property taxes ($176,000) and water fees ($136,000), plus ongoing odor complaints from neighbors. Operator Harsh acknowledged the debts and said a payment plan was being worked out with the town collector but had not yet been finalized. He explained that a previous chemical mitigation system was too corrosive and was replacd with an ozone system, which he claims is being adjusted. Board members and residents expressed that the odor persists and that the operator has not taken sufficient action despite multiple complaints. Harsh promisd to return on December 2, 2025 with a concrete action plan for odor mitigation and a payment plan. - Updatd Employee Handbok : The board approvd an updatd employee handbok reflecting new state laws, paternity leave, dress code, and social media/IT policies. - Purchase and Sale Agreement for Reservoir Road Parcel : The board approvd signing a purchase and sale agreement to acquire a final parcel adjacent to the town's water supply reservoir, contingent on town meeting approval. - Appointments : Appointed Jeica Conkling and Jacob Saldado as per diem part-time firefighters (on chief's recommendation); appointed Bob Jones as the select board's representative to the 250th Anniversary Committee. - Letr of Recmmendation for Housing Production Plan : Signed a letr of recmmendation for state funding to develop a housing production plan, which will guide the affordable housing trust's priorities. - Support Letr for Community Investment Tax Credits : Signed a letr supporting the Community Development Corporation of Southern Berkshire's application for state community investment tax credits. Key Outcomes - Approved : Minutes of November 4; temporary sign permit for St. Mary's Church; four Berkshire Gas permits; updated employee handbok; purchase and sale agreement for reservoir parcel; appointment of two firefighters; appointment of Bob Jones to 250th Anniversary Committee; letr recmmendation for housing production plan; letr supporting Community Development Corporation tax credits. - Directives : The cannabis facility operator (Harsh) was direct to present a concrete odor mitigation plan and payment schedule at the December 2, 2025 meeting. The town planner will develop a bylaw for clean energy siting for the May town meeting warrant. The complete streets plan will be finalizd by end of year with public imput via an interactive map. - Next Meeting : December 2, 2025 at 6:00 PM.

The Lee Conservation Commission met on the evening of November 5, 2025, and adjourned at 7:35 p.m. No separate agenda or minutes were provided with the transcript. The board approved minutes, acted on two Requests for Determination of Applicability (RDAs), a Certificate of Compliance, and a town tree-removal/parking-lot request, and discussed site conditions observed near a floodplain. No public comments were offered. Minutes - The board approved the minutes of the October 15, 2025 meeting as written, with all members in favor. The transcript initially referred to "October 1st" before correcting to "October 15th." Meadow Street over Hop Brook – RDA for Geotechnical Exploratory Borings - Chad Raymer, a wetland scientist, presented the Town of Lee's RDA for geotechnical exploratory borings at the Meadow Street bridge over Hop Brook. - Purpose: collect information on soil overburden, depth to bedrock, bedrock type/quality/weathering/fracturing, and groundwater depth to support future bridge-replacement alternatives. - Four borings would be placed at the edges of the existing bridge: two advanced to 40 feet and two to 100 feet, or to refusal. Work would occur within the existing roadway using a truck-mounted drill rig and was expected to take one day. - The activity is exempt under 10.02 but is within bordering land subject to flooding according to the 1980s flood insurance study. Protective measures would include straw wattles and, if groundwater is encountered, a sediment trap. - The board discussed clean operations at the Mills Creep bridge, borehole backfilling to road level, silt barriers, and a target start date about two weeks from the meeting. - Outcome: The board voted unanimously to approve a Negative 2 determination. Cape Street Certificate of Compliance – 1375/1395 Cape Street - Request for a Certificate of Compliance for Map 21, Lot 22, covering installation of a 1,500-square-foot accessory building, restoration of an area, and removal of trees from a steep slope. - Board members noted the applicant had completed the approved work and the required mitigation, including planting the requested shrub-like Japanese willows, and the slope was stable. - Outcome: Motion to approve the certificate because the work and requested mitigation were completed; unanimously approved. 10 Church Street – Removal of Vegetation for Parking Lot Expansion - Lee DPW requested approval for vegetation removal at Long Cole Park, Map 23, Lot 31, to expand the existing parking lot. - Proposal included removing dead hazard trees (approximately 40–50 feet tall, mostly trunks with bug holes), expanding the lot from roughly three cars to about six spaces, improving the kiosk and signage, and seeding/planting native grasses. - The area is not in a resource area, but the bylaw requires Conservation Commission approval for tree removal on town property. - Board discussion included tree height/trunk size and the absence of wetland concerns. - Outcome: Motion to approve the vegetation removal and parking-lot expansion by Lee DPW; unanimously approved. 945 Pleasant Street – RDA for Parking Lot Light and Buried Power Line - Robert Cunningham presented an RDA for installing a parking-lot light and a buried power line at 945 Pleasant Street. - Work would include an 8-foot trench, about 8 inches wide and 18 inches deep, along the driveway from a shed to the new light; a small excavator/trencher would be used, and excavated material would be backfilled. The light pole itself would be set about 4 feet deep. One part of the work is near the wet area. - Board members asked about neighbors, jurisdiction, and light color. The applicant stated the light would use a 3,000K bulb (yellow-toned) rather than blue-spectrum light, would be dimmable, and would operate only about four hours on Thursday nights on a timer. - Board members indicated the pole/location might need Planning Board or Zoning Board review, with Conservation Agent Colby to confirm. - Outcome: The board voted unanimously to approve a Negative 2 determination for the installation, conditioned on confirming any applicable Planning Board/ZBA approval for the pole and notifying Conservation Agent Colby before the work begins. During the vote the transcript contains an apparent slip in which the chair said "945 Wilson Street"; the agenda item and discussion referred to 945 Pleasant Street. Other Board Discussion / Site Observation - Board members discussed observations from a recent site inspection at a neighboring property, referred to as the "Souls property," near the river/floodplain. - Concerns included straw bales that were not staked or overlapping, a possible missing silt fence, and fill material that appeared non-native in the floodplain. - Members debated whether the fill predated recent development and whether floodplain maps covered the area. They agreed to check the project file and floodplain map, and the conservation agent would follow up. No vote was taken. Key Outcomes - Approved October 15, 2025 minutes as written (all in favor). - Approved Negative 2 determination for Meadow Street geotechnical exploratory borings (all in favor). - Approved Certificate of Compliance for 1375/1395 Cape Street (all in favor). - Approved vegetation removal/parking-lot expansion at 10 Church Street / Long Cole Park (all in favor). - Approved Negative 2 determination for 945 Pleasant Street parking-lot light and buried power line, with follow-up on jurisdiction/notice conditions (all in favor). - Site-observation/fill concerns referred for file and floodplain-map review; no vote. Adjournment - The board voted to adjourn, and the meeting ended at 7:35 p.m.

The Lee Select Board met on Tuesday, November 4, 2025 at 7:00 PM. The meeting included approval of previous minutes, a public hearing for an alcohol license transfer, public comment, consideration of a hawker peddler application, extensive discussion of the 250th anniversary committee formation, and several routine approvals and appointments. Public Comments & Testimony - Kathy Hall raised a question about Spectrum cable's streaming restrictions on the education channel (1302) and asked where to address it. The board referred her to the cable advisory committee and offered to forward her concerns. Discussion Items - Transfer of All Alcohol License (Public Hearing): The board held a public hearing for the transfer of the all-alcohol license from East Co Cantina LLC (doing business as Jalisco Cantina Mexican Cafe) to Viva Cinco de Mayo LLP, doing business as Jalisco Cantina at 8587 Main Street. The applicant, Grace Enchel, represented the LLP and confirmed no changes to hours, menu, or operations. No public comment was offered. The board voted unanimously to approve the transfer. - Hawker Peddler Application: Christopher Hewitt of Trinity Solar requested a permit to solicit in town for solar consultations under the Green Communities program. Discussion clarified that Lee is not a Green Community, but the applicant explained he only seeks to pre-qualify homes for information. The board discussed the no-solicitation list. The transcript does not record a formal vote, but the board moved on to the next item without rejecting the application, implying approval was granted. - 250th Anniversary Committee Formation: The board continued discussion from a previous meeting. Chris presented a proposed committee structure including members from various town boards (Select Board, Agricultural Commission, Community Preservation, Cultural Commission, Greener Gateway, Historical Commission, Youth Commission, Parks & Recreation), two members at large, the Chamber of Commerce director, and ex-officio members (town planner, administrative assistant). Kathy Hall suggested including school representatives. Alex Hedinger (Chamber director) emphasized planning for grants and funding. Peggy discussed a time capsule and youth involvement. The board agreed to reach out to listed organizations and boards for participation. No formal vote was taken; the discussion set direction for next steps. - Recommendation from Board of Public Works to Add Member to Public Safety Building Committee: Bob and Chris moved to postpone the appointment indefinitely, noting that the Board of Public Works already has a member (Rob Wright) on the committee and that the construction phase is largely complete. The motion to postpone indefinitely passed unanimously. - Gas Service Permits: Two permits from Berkshire Gas were approved individually. First: partial service relocation at 51 Park Street (already completed). Second: gas service abandonment at 770 Summer Street (on private property). Both approved unanimously. - Temporary Sign Permit Amendment: The board amended an existing sign permit for the Congregational Church to include two banners on the park fence for their holiday fair (November 15-22, 2025) and waived the fee. Approved unanimously. - Appointments: Laura Brown was appointed to the Affordable Housing Trust (filling the fourth of five positions). Ashley Salvini was promoted from alternate to full member of the Board of Public Works. Both approved unanimously. Town Administrator's Report - Chris provided an update on the FY27 budget process: capital budget nearly complete, most department budgets received (mostly level-funded or slightly decreased), contractual raises and COLA increases included, with health insurance costs expected to rise. A draft budget will be presented to the board and finance committee by end of November, with department reviews beginning early December. The goal is to offset increased debt service for the public safety building and health insurance costs. Key Outcomes - Approved minutes of October 21, 2025 meeting (unanimous). - Approved transfer of alcohol license for Jalisco Cantina (unanimous). - Approved two Berkshire Gas permits (unanimous). - Approved sign permit amendment for Congregational Church (unanimous). - Appointed Laura Brown to Affordable Housing Trust (unanimous). - Appointed Ashley Salvini to Board of Public Works (unanimous). - Postponed indefinitely the appointment of Dave to Public Safety Building Committee (unanimous). - Hawker peddler application likely approved (no recorded vote but board proceeded). - No formal decision on 250th anniversary committee; next steps agreed: outreach to boards and organizations.

The Lee Planning Board met on October 27, 2025 (note: the transcript contains a statement that "today's date is the 20th," creating a discrepancy with the provided meeting date). The meeting covered approval of previous minutes, a Form A lot line adjustment, a minor site plan review for a fitness center addition, and a detailed discussion of a comprehensive zoning use table update. Consent Calendar - Unanimously approved the minutes of September 20 and September 22, 2025. - Correspondence was noted as having nothing new. Discussion Items - Form A for 160/180 Laurel Street: Mike Schaefer from Huntley Associates presented an ANR plan to adjust the lot line between 160 and 180 Laurel Street, creating Lot A (to be combined with 160) and reducing the remaining lot to approximately 17,751 square feet. The board discussed minimum lot size requirements with town water and sewer (50% reduction allowed per zoning footnote) and noted a shed near the new boundary that the applicant agreed to move. The board voted to endorse the plan conditional on the shed being relocated to comply with the 10-foot setback. The survey revealed a historical deed error affecting the northern neighbor, but the boundary is not contested. - Minor Site Plan Review – Soul Sports and Fitness (925 Pleasant Street): Justin and Ashley Soles, owners, and their engineer presented a proposal to add a 40' x 60' open-space rear addition to their existing fitness facility. The addition would be set back from side property lines, with no work in the floodplain (Conservation Commission approval obtained). Parking was a key concern; the engineer showed a conceptual layout for up to 30 spaces, though the owners stated peak usage rarely exceeds 15 clients. The board noted that no defined parking ratio exists for this use. Discussion also covered lighting, landscaping, existing building non-conformities, and a foundation permit issued at the applicant's own risk. The board accepted the application as a minor site plan and voted to approve it conditionally. - Zoning Use Table and Bylaw Update: Andy McKeever (Berkshire Regional Planning Commission) presented a draft table consolidating all uses from the current zoning bylaw into a single reference. The board engaged in a wide-ranging discussion about simplifying terminology, removing redundant uses (e.g., senior housing subcategories), transferring special permit authority from the Zoning Board of Appeals to the Planning Board, addressing missing uses like battery energy storage and EV charging, and revising the Adaptive Reuse Overlay District (ARAD) thresholds. Members expressed interest in a joint meeting with the ZBA to discuss jurisdiction changes. The board agreed to continue refining the table and definitions, targeting a town meeting warrant article by March 2026, with a second phase for accessory uses and additional substantive updates. Key Outcomes - Form A endorsed with condition to move the shed to meet setback requirements. - Minor site plan for Soul Sports and Fitness approved with condition that a detailed dimensioned parking plan (including driveway, spaces, and handicap access) be filed with the board. - Planning Board will invite the Zoning Board of Appeals to a future meeting (tentatively November 10, 2025) to discuss transferring special permit authority for certain uses to the Planning Board. - The board will continue work on the use table and related definitions, aiming for a town meeting amendment in spring 2026, while also preparing a bylaw for battery energy storage systems given state deadlines. - A discrepancy was noted between the official meeting date (October 27, 2025) and a comment in the transcript stating "today's date is the 20th." This may be a transcription error or refer to a different document date.