Lee Planning Board Meeting and Public Hearings: April 27, 2026

The Lee Planning Board met on April 27, 2026, at 6:15 PM. The meeting included two public hearings, one on the Adaptive Reuse Overlay District (AROD) and one on a temporary moratorium for Battery Energy Storage Systems (BESS), as well as a presentation on form-based zoning. The board unanimously approved the minutes from April 13th and reappointed Brooke as the BRPC delegate.

Consent Calendar

• Approval of Minutes: The minutes from the April 13, 2026, meeting were approved as distributed after a brief correction from April 15. Members present: Peg, Dave, Stan, Peter, Conrad.

Public Comments & Testimony

• No members of the public offered comments during the initial public comment period.
• Leslie Bassman of the Berkshire Edge stated she would be recording the public hearings.
• John Josh Fraker of Spiritus attended the AROD hearing as a potentially interested developer.

Discussion Items

Correspondence & Reports

• Dockridge/Elm Court: The board briefly discussed correspondence regarding the Elm Court property, expressing cautious optimism about the project progressing now that special permits have been obtained.
• Brooke's Report:
  • A significant portion of the next several months will be dedicated to preparing for the state's new clean energy consolidated permitting requirements, with a goal of having a process ready by October 1, 2026.
  • The Annual Town Meeting is scheduled for May 14, 2026, at 7:00 PM at the high school auditorium.
  • The town has $50,000 in vacant storefront grant tax credits to nominate by November. An infographic and outreach to business owners is being developed.
  • The town's website redesign has been delayed due to issues with the designer.
• Price Chopper Property / Daycare Discussion:
  • The board discussed an unsuccessful $1.9 million offer by the town for a portion of the Price Chopper property.
  • A subsequent discussion covered the critical need for daycare. Peter retracted prior opposition to a development plan after learning the Lee Youth Association (LIA) requires 7,000 to 8,000 square feet and the firehouse is inadequate. The LIA has a waiting list and is losing its current location. The closure of a Lenox daycare is expected to increase demand in Lee.

Public Hearing: Adaptive Reuse Overlay District (AROD) Amendments

• Brooke and CJ Haas (BRPC) presented proposed amendments to the existing AROD bylaw, originally created in 2008 and used only twice.
• Purpose: To increase flexibility for redeveloping large, underutilized properties (e.g., mills) by clarifying permissible uses, allowing mixed uses, and enhancing the applicability of the overlay.
• Key Changes:
  • The overlay is elective (opt-in) and does not override existing by-right uses.
  • The Select Board, as the Special Permit Granting Authority (SPGA), can determine if a proposed use not explicitly listed is comparable in impact and intent.
  • The regulation of building demolition and new construction was clarified.
• Board Deliberation:
  • Peter proposed substituting the word "following" with "pursuant to" in Section A1 to clarify that the special permit process is singular.
  • Gordon expressed concerns about allowing residential uses in Industrial zones and potential "spot zoning" implications, but noted the SPGA's discretion provides a safeguard.
  • A point of confusion regarding the "five-year building age" requirement was clarified: the building must have been in active use for at least five years, not necessarily vacant.
• Vote: The board voted 4-0 (Peg, Dave, Peter, Conrad in favor; Gordon absent) to give a favorable report to the Select Board on the AROD amendments (Update 4/24/26) with the text change from "following" to "pursuant to" in Section A1.

Public Hearing: Temporary Commercial Battery Energy Storage System (BESS) Moratorium Bylaw

• The board opened a hearing on a proposed six-month moratorium (through November 14, 2026) on permitting commercial BESS facilities.
• Purpose: The moratorium provides time for the town to adopt a permanent bylaw for BESS that aligns with upcoming state model regulations (expected July 1, 2026) and the mandatory consolidated energy permitting process (effective October 1, 2026).
• Board Deliberation:
  • The board emphasized the moratorium is a procedural necessity, not a statement against renewable energy. The existing solar bylaw remains in effect.
  • Peter questioned the enforceability if an application arrives after October 1 but before the town bylaw is adopted. The board acknowledged the risk but viewed it as minimal.
  • The moratorium applies specifically to commercial, grid-scale systems.
• Vote: The board voted unanimously to give a favorable report to the Select Board for the temporary commercial BESS moratorium bylaw.

Presentation: Form-Based Zoning (Form-Based Code)

• Peter delivered an extensive presentation on form-based zoning, a concept he researched at a Citizen Planner Training Cooperative workshop.
• Concepts: This approach prioritizes the physical form and design of buildings (massing, facade articulation, placement, roof lines) over the strict separation of land uses typical of Euclidean zoning.
• Case Studies:
  • Littleton: Adopted a "farmhouse" design code that enforces interconnected roof lines, porches, and shared rear parking to create cohesive village streetscapes.
  • Orleans: Developed a code for commercial corridor revitalization using build-to zones, facade articulation, floor area ratio analysis, and half-stories for height management.
• Discussion: Peter noted that such codes are more prescriptive on design and require greater administrative input, but can enable higher density, walkability, and streamlined permitting for compliant projects. It would be a multi-year, community-intensive effort requiring significant consultant support. CJ Haas added that the primary benefit to developers is removing discretionary review for projects that meet the code standards.
• Outcome: Purely informational. The board expressed strong interest in exploring the concept further, with Brooke offering to share the slide deck.

Key Outcomes

• Unanimously approved the minutes of April 13, 2026.
• Reappointed Brooke as the BRPC delegate.
• Voted 4-0 to report favorably the AROD amendments to the Select Board for the Annual Town Meeting warrant.
• Voted unanimously to report favorably the temporary BESS moratorium bylaw to the Select Board.
• Scheduled the next Planning Board meeting for May 11, 2026. The May 25 meeting was cancelled due to Memorial Day.