Lee Select Board Meeting - March 3, 2026

The Lee Select Board met on March 3, 2026. The chair stated that an audio/visual recording was being made under Massachusetts general law. The board approved prior meeting minutes, continued an Eversource pole permit hearing subject to conditions, received expert testimony on smart meters, approved routine permits and policy amendments, and set dates for an upcoming smart-meter community forum and a fire station reuse informational meeting.

Consent Calendar

• Approved the open session minutes of February 17, 2026.
• Approved a utility cut permit for Ruder Plumbing at 103rd Street; because 103rd Street is a private road, no police detail was required.
• Approved a temporary sign permit for Baby & Corp for lease-space advertising signs.
• Approved the ADA transition plan amendment adding municipal website and permitting software accessibility language required by new federal ADA Title II rules; full compliance is required by April 2027, and the town website update is expected within about a month.

Public Comments & Testimony

• Cornelia Callisher, a Lee resident, asked whether the Board of Health had taken a position, asked for clarification of the pole application, and requested that residents be allowed to be present during meter installations. She also raised concerns about the cost and timing of meter changes.
• Kathy Hall of Birch Street asked about the upcoming fire station reuse informational meeting and whether it would be recorded by CTSB; the board confirmed a March 26 meeting and that the recording request had been submitted.
• Theodora Scarado, director of the Wireless and EMF Program at Environmental Health Sciences, testified in opposition to RF-emitting smart meters. She argued that FCC exposure limits are outdated, set in 1996, based on short-term behavioral studies, and not protective against long-term or cumulative exposure. She cited study tallies compiled by Dr. Henry Lai showing that the majority of reviewed studies found effects, including 89% of oxidative stress studies, 71% of genetic effects studies, 77% of neurological effects studies, and 84% of reproduction and developmental effects studies; the 258-scientist EMF appeal; and a 2021 federal court ruling that the FCC had not justified its 1996 limits. She recommended keeping analog meters and adopting safer technology.
• Patricia Burke cautioned the board that Eversource itself had opposed smart meters during a Massachusetts pilot program and in New Hampshire testimony, and she alleged that health testimony used by the Massachusetts DPU came from an expert who also worked for the tobacco industry. She supported holding a community forum.
• A resident named Cindy suggested a moratorium as a delay tactic to stop meter installations while education occurs. The board chair said he preferred not to rush to a bylaw or moratorium before the community discussion.
• Courtney, a community member, said she consulted a telecom attorney who advised that federal law does not require smart meters and does not preempt local opt-out decisions; Section 704 of the Telecommunications Act does not apply because smart meters are not cell towers or personal wireless devices. She recommended including a telecom attorney on the forum panel and inviting state legislators, including Senator Paul Mark.

Discussion Items

• Eversource pole permit hearing: No applicant appeared from Eversource. The board discussed denying the permit, requiring underground wiring, or continuing the hearing. A motion by Gordon Bailey, seconded by Bob, passed to continue the hearing until Eversource meets three conditions: notify all customers of potential health and fire dangers of smart meters; provide smart meter opt-outs at no charge; and add new poles only when underground wires are not feasible. The motion cited MGL Chapter 166, Sections 21 and 22, and stated the hearing would reconvene once Eversource provided proof the conditions were met.
• Smart meter community forum: Board members expressed frustration that customers pay opt-out fees, including reported upfront charges and monthly fees in the $34-$39 range, without receiving rate reductions. Residents noted many meters had already been installed. The chair noted the board has limited authority and that a moratorium bylaw would likely be preempted by the state. The board agreed to direct the town administrator to schedule a larger community educational forum later in March, invite Eversource and expert presenters, and consider inviting neighboring towns and legislators.
• DPW handbook amendments: The board approved clarifying amendments for highway and water/wastewater DPW policies, aligning union and non-union practices with the Fair Labor Standards Act. The amendments address premium pay and call-ins outside normal schedules when overtime on hours not worked is not permitted.
• Wildcat Sports Group update was postponed because representatives could not attend.
• Fire station reuse update: The town administrator announced a public informational meeting on March 26, 2026, at 6 p.m. in the high school/middle school cafeteria. The reuse proposal preserves the historic central fire station, reuses the back half of the EMS building, and demolishes the failing front half of the EMS building. It is intended as preparation for a possible warrant article; the new public safety building is anticipated to be completed in summer 2027.

Key Outcomes

• The Eversource pole permit hearing was continued until the listed conditions are satisfied.
• The board directed staff to organize a smart-meter community forum and to invite Eversource, experts, legislators, and neighboring communities.
• Approved: utility cut permit, temporary sign permit, ADA transition plan amendment, and DPW handbook amendments. Intermunicipal Agreement Amendment No. 2 adding Marlborough to the shared inspectional and zoning enforcement services was also approved; board member Ernest abstained from the IMA discussion and vote.
• The 2026 road toll calendar was announced: April 25 LIA; May 2 Lee Middle and High School Baseball; May 16 Girls Volleyball; May 23 VFW; June 6 Knights of Columbus; June 20 Boys Basketball; September 26 Golf; and October 24 Housatonic River Initiative. Kiwanis Club, Lee Elementary PTO, Sons and Daughters of Italy, Wildcat Sports Group, and Lee Lions Club were guaranteed slots for next year.
• The next regular meeting was scheduled for March 17, 2026.