Lee Select Board Meeting - November 18, 2025

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.