Lee Planning Board and Zoning Board of Appeals Joint Meeting — December 8, 2025

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.