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Record of Proceedings

Lee ZBA Meeting June 16, 2026: Zoning Administrator Policy and 69-Unit Housing Amendment

Selectboard & Town Boards — Tuesday, June 16, 2026
BodyLee, Massachusetts
SessionSelectboard & Town Boards
DateTuesday, June 16, 2026
StatusFILED
Video Record
0:00 / 1:27:13

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording.

Speaker 1

0:00

Calling to order June 16, 2026 at 5 30 p.m.

0:05

Town of Lee Zoning Pursuant.

0:08

I'm here by informing all attendees that the video and audio recording is being made of this meeting.

0:14

Approval of the meeting.

0:17

Prior minutes from December 8th, 2025.

0:21

Does anyone have any questions on

Unassigned speaker

0:22

it?

Speaker 2

0:26

I move that we accept the

Unassigned speaker

0:28

uh

Speaker 2

0:28

that we approve the minute for December 8th, 2025.

0:32

Second.

Speaker 1

0:35

All in favor.

Speaker 2

0:37

Aye.

Speaker 3

0:39

Question regarding minutes.

0:43

I'm assuming that the December meetings, uh minutes from the prior meeting were approved.

0:52

Yes, correct.

0:53

Okay.

Speaker 1

1:01

Okay.

1:02

None discussion of zoning administrator.

Speaker 4

1:07

So I have provided for you all the description of what the I don't have the national law, but what the board did approve this was a while ago, so I don't remember the nitty-gritty parts of

Unassigned speaker

1:19

it.

Speaker 4

1:19

Um I brought it up again today because

Unassigned speaker

1:22

the

Speaker 4

1:22

whole thing about the zoning administrators, we did accept a mass general law.

1:26

Select board voted on it, and it was passed.

1:29

I believe their town meeting or just my select board.

1:32

It was town meeting by laws.

1:34

Um and what it does, what it allows is that before basically when somebody submits an application to the CPA, it goes in zoning administrator, and the zoning administrator can choose to make a decision upon it that anybody can appeal in that appeal period to bring to the full board.

1:52

So it doesn't necessarily cut anybody out.

1:55

And like for example, you let's say you know, um, the zoning administrator made a decision, you don't agree with it.

2:02

You're on the board, you want the board to hear it, you can appeal it.

2:05

It comes to the board, and you can still discuss it and vote on it.

2:08

Like you then have to recruit yourself.

2:10

So what it does really is something potentially like this project that's been heard by other boards that's been reviewed before, and I think you'll see it it's it's

Unassigned speaker

2:19

it's

Speaker 4

2:20

not that um much of a change to what the board already um accepted could be heard by zoning administrator, and then we wouldn't have to worry about getting trying to schedule a meeting for so long and having a last minute worry about quorum and things like that.

2:36

Um also decide the zoning administrator what you want them to hear on if they if you want them to do variances and appeals and special permits or just special permits, or you know, you can choose what they can and can't

Speaker 1

2:50

do.

2:51

I think that we should definitely have a timeline.

2:54

Like if somebody applies for a permit and we can't get a quorum within so many days of the validation, then that person could act.

3:03

But I think that we should still try to bring it from the board to approve it before it goes to the zoning administration, make that decision.

Unassigned speaker

3:13

I

Speaker 3

3:14

think you're right.

3:14

One, I mean,

Unassigned speaker

3:15

one

Speaker 3

3:15

of the purposes obviously is

Unassigned speaker

3:17

that uh

Speaker 3

3:19

this board particular um and perhaps other boards have had a hard time getting forums together and getting

Unassigned speaker

3:26

you

Speaker 3

3:26

know hearings done in a timely fashion.

Speaker 5

3:30

And so

Speaker 3

3:31

result of that, and this is a great, you know, exhibit A here, what's going on?

3:39

Um, then you know it's obviously needed.

3:43

Now the idea about you know special permits and variances, these require a supermajority of a board.

Speaker 6

3:52

Okay,

Speaker 3

3:53

um, which if I were an attorney representing and I got only one zoning administrator's opinion on that, that might be challenge.

4:06

And I'm not sure what the law stated about that.

Speaker 4

4:09

Anybody could appeal the decision.

4:11

So, like if the attorney decided, even if they're not a lead resident, they can still appeal that decision and bring it.

4:16

I would recommend doing like amendments or not like the low-hanging group.

Discussion Breakdown — Share of Meeting
Zoning and Land Use████████████████████████████████████████40%
Engineering And Infrastructure███████████████████████23%
Procedural████████████12%
Water And Wastewater Management████████8%
Public Engagement███████7%
Affordable Housing████4%
Personnel Matters███3%
Budget Equity Analysis██2%
Environmental Protection█1%
Summary of Proceedings

Lee ZBA Meeting June 16, 2026: Zoning Administrator Policy and 69-Unit Housing Amendment

The Lee Zoning Board of Appeals (ZBA) met on June 16, 2026, at 5:30 PM to discuss and vote on several key items. The board debated the creation of a Zoning Administrator position to streamline decision-making, tabled the final decision for further legal review, and held a public hearing on an amendment to a previously approved 69-unit affordable housing project on West Center Canal Street, ultimately approving the amendment unanimously.

Consent Calendar

  • The board approved the meeting minutes from December 8, 2025, unanimously.

Public Comments & Testimony (West Center Canal Street Project)

  • Teresa Palermo Segala (property owner, Pine Street) questioned the protection of Canal Street and expressed concern that the Town of Lee might face tax assessments or legal fees if the project causes future issues.
  • A Canal Street neighbor demanded a full guarantee against increased flooding, expressing worry about property damage and personal liability.
  • An audience member questioned why the developer did not offer to buy out adjacent neighbors and raised the issue of escalating flood insurance costs for existing homeowners in the area.
  • Applicant Representative Nick Elton (Westwork Architects) and Engineer Mark Levezure (Foresight Engineering) responded that the revised plans reduce the overall building footprint by six percent and include stormwater management that meets or exceeds the 100-year flood event requirements, decreasing the current flooding risk.

Discussion Items

  • Zoning Administrator Position: Staff member Brooke presented a proposal to delegate certain zoning decisions to a Zoning Administrator to avoid delays caused by the board's difficulty in achieving quorum. Board members debated the scope of the role, specifically regarding special permits and variances which require a supermajority. They discussed necessary stipulations such as a mandatory waiting period for a board quorum, notification requirements for the full board, and the appeals process. The board tabled the final appointment and policy details to allow members to review the specific state statute (MGL Chapter 40A, Section 13).
  • "Friendly Approach" to Permitting: Brooke also introduced an initiative to create a multi-departmental roundtable for new applicants, providing a single point of contact and aligning requirements from the Building, Health, Clerk, and DPW departments for clearer communication.
  • West Center Canal Street Project Conditions: The board discussed requiring Foresight Engineering to provide a stamped letter certifying that the amendment does not increase the 100-year flood flow, and requiring a certificate of insurance naming the Town of Lee as an additional insured.

Key Outcomes

  • Minutes Approved: The minutes from December 8, 2025, were approved.
  • Zoning Administrator Policy: The decision on the zoning administrator's appointment and policy was tabled to the next regular meeting to allow board members to further review the legal statute.
  • West Center Canal Street Amendment Approved: The board passed a motion finding the amendments did not significantly alter the original special permit. A subsequent motion to approve the amended plans (dated October 20, 2025) was passed unanimously (4-0), maintaining the original terms and conditions from the September 18, 2025 approval, and adding the conditions of updated engineer certification and insurance.
  • Next Meeting Scheduled: The board set a meeting for July 8, 2026, at 5:00 PM.

Meeting Transcript

Calling to order June 16, 2026 at 5 30 p.m. Town of Lee Zoning Pursuant. I'm here by informing all attendees that the video and audio recording is being made of this meeting. Approval of the meeting. Prior minutes from December 8th, 2025. Does anyone have any questions on it? I move that we accept the uh that we approve the minute for December 8th, 2025. Second. All in favor. Aye. Question regarding minutes. I'm assuming that the December meetings, uh minutes from the prior meeting were approved. Yes, correct. Okay. Okay. None discussion of zoning administrator. So I have provided for you all the description of what the I don't have the national law, but what the board did approve this was a while ago, so I don't remember the nitty-gritty parts of it. Um I brought it up again today because the whole thing about the zoning administrators, we did accept a mass general law. Select board voted on it, and it was passed. I believe their town meeting or just my select board. It was town meeting by laws. Um and what it does, what it allows is that before basically when somebody submits an application to the CPA, it goes in zoning administrator, and the zoning administrator can choose to make a decision upon it that anybody can appeal in that appeal period to bring to the full board. So it doesn't necessarily cut anybody out. And like for example, you let's say you know, um, the zoning administrator made a decision, you don't agree with it. You're on the board, you want the board to hear it, you can appeal it. It comes to the board, and you can still discuss it and vote on it. Like you then have to recruit yourself. So what it does really is something potentially like this project that's been heard by other boards that's been reviewed before, and I think you'll see it it's it's it's not that um much of a change to what the board already um accepted could be heard by zoning administrator, and then we wouldn't have to worry about getting trying to schedule a meeting for so long and having a last minute worry about quorum and things like that. Um also decide the zoning administrator what you want them to hear on if they if you want them to do variances and appeals and special permits or just special permits, or you know, you can choose what they can and can't do. I think that we should definitely have a timeline. Like if somebody applies for a permit and we can't get a quorum within so many days of the validation, then that person could act. But I think that we should still try to bring it from the board to approve it before it goes to the zoning administration, make that decision. I think you're right. One, I mean, one of the purposes obviously is that uh this board particular um and perhaps other boards have had a hard time getting forums together and getting you know hearings done in a timely fashion.

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