Lee Conservation Commission Meeting - June 17, 2026

The Lee Conservation Commission met on June 17, 2026, to address several environmental permit applications. Major agenda items included continued deliberation on a proposed Marriott Hotel at 165 Housatonic Street, a Request for Determination of Applicability (RDA) for the Housatonic Railroad's vegetation management plan, and an RDA for a beach path railing at Berkshire Hills Leisure Lee. The commission also received correspondence objecting to the hotel project, heard public comment, and discussed updates on the Eagle Mill development.

Minutes Approval

• The Commission approved the minutes of the June 3, 2026 meeting. A correction was made to a vote tally (changed from 7-0 to 6-0) to account for an abstention.

Public Comments & Correspondence

• Legal Objection: A letter from Attorney Dennis E. G. Egan Jr., representing the Ricky Patel Trust (an abutter to the 165 Housatonic St parcel), was read. The letter formally requested the Commission deny the Notice of Intent for the Marriott Hotel, arguing it was incomplete and failed to meet DEP standards on compensatory storage and the Wetland Protection Act.
• Abutter Concerns on Marriott: An abutter to the proposed hotel site expressed concern about the project's scope and potential impacts. He formally requested the Commission require the applicant to seek an advisory opinion from the Massachusetts Environmental Policy Act (MEPA) office, citing regulations at 301 CMR 11.0. He submitted an EPA opinion survey and referenced video footage of flooding at the site from 2024.
• Railroad Vegetation Management Comment: A commissioner expressed concern about the proximity of spraying to residences and wetlands near West Park Street and requested to be involved in a site walk of that specific area.

Discussion Items

• Continued Notice of Intent: Marriott Hotel (165 Housatonic St):
  • Brian Slater (Foresight, civil engineer) requested a continuation to receive and integrate comments from the third-party reviewer, David Cameron. He stated they are working on revisions to the flood compensation plan (demonstrating foot-for-foot net cut in the floodplain) and a planting plan. He argued the project represents an improvement over existing conditions.
  • The Commission granted the continuation, stating they also needed further information from their consultant, Mark Stinson, and the third-party reviewer before making a decision.
• Request for Determination of Applicability: Housatonic Railroad:
  • Tom Lewis (Tech Associates) presented an RDA for renewing the wetland delineation along the railroad right-of-way for their vegetation management plan. He explained the protocol restricts spraying to a 10-foot swath centered on the tracks, prohibits spraying within 10 feet of wetlands, and noted that the truck automatically shuts off in sensitive areas.
  • One commissioner opposed the motion, but the RDA was approved.
• Request for Determination of Applicability: Berkshire Hills Leisure Lee:
  • Clay Squire proposed installing a 240-foot metal railing along a beach path. The Commission first voted that the Scenic Mountain Act does not apply to the project. They then approved the RDA, stipulating the railing be embedded in the ground to minimize disturbance.
• Eagle Mill Project Update:
  • The Commission discussed an inquiry about using a grass area behind a house scheduled for demolition at the Eagle Mill site for temporary construction parking, office trailers, and material storage. It was determined that an RDA would likely be required for this activity due to its proximity to a brook.

Key Outcomes

• Marriott Hotel Hearing Continued: The public hearing for Garden Management Inc.'s Notice of Intent (165 Housatonic St) was continued to July 1, 2026, pending receipt of third-party review and revised plans.
• Railroad RDA Approved: The RDA for the Housatonic Railroad's wetland delineation renewal was approved (motion passed with one commissioner opposed).
• Beach Path Railing Approved: The RDA for a 240-foot railing at Berkshire Hills Leisure Lee was approved.
• Eagle Mill RDA Suggested: Staff and Commission indicated that an RDA is necessary for the temporary construction staging area at Eagle Mill.
• Laurel Lake COC Continued: The request for a Certificate of Compliance for the Laurel Lake Public Boat Access was continued.
• Meeting Adjourned: The meeting was adjourned at 7:58 PM.