Lee Zoning Board of Appeals Meeting Summary - July 8, 2026

The Lee Zoning Board of Appeals met on July 8, 2026 at 5:00 PM. The meeting covered approval of previous minutes, a discussion on appointing a Zoning Administrator, and a continuation of a special permit hearing for 165 W. Tonic Street. The board voted to continue both the Zoning Administrator discussion and the special permit hearing to August 26, 2026.

Consent Calendar

• Approval of Minutes (June 16, 2026): The board voted unanimously to approve the minutes from the June 16, 2026 meeting. Staff confirmed that all conditions set at that meeting had been met, including receipt of a certification from the registrar (Steve Matt of Boresight) and a zoning verification letter from attorney Jeff Belasky.

Discussion Items

• Zoning Administrator Appointment: The board held a detailed discussion on the potential appointment of a Zoning Administrator (ZA). Staff member Brooke presented an overview, noting that the bylaw allows the board to appoint a ZA and define their duties. Key points included:
  • The ZA would handle routine, non-controversial applications (e.g., simple variances or administrative approvals) to expedite the process, especially when the board struggles to achieve a quorum.
  • Any party, including board members, could appeal a ZA decision to the full board, triggering a full hearing within 35 days and a final decision within 90 days.
  • The ZA could be a board member, but an outside person is preferred to avoid conflicts if the decision is appealed. Dalton and Lenox were mentioned as potential local examples, though no Berkshire County towns were confirmed to have such a position.
  • Concerns were raised by board members Don and Kristen about the supermajority requirement (variances and special permits require a 4/5 vote by law) and whether a single ZA's decision could be seen as insufficient. Staff agreed to consult town counsel on case law regarding the supermajority issue and whether the ZA could simply opt not to rule and pass the application directly to the board.
  • Financial considerations: application fees are currently $500 (reduced from $700), but two postings might be needed if an appeal occurs, potentially requiring a fee increase to $600. The board could recommend a fee schedule change to the Select Board.
  • The board decided to table the decision, continue the discussion to a later date, and ask staff to reach out to other municipalities (e.g., via BRPC) for examples and verify legal questions. The discussion was scheduled to continue at 6:00 PM on August 26, 2026.
• 165 W. Tonic Street Special Permit Hearing: Attorney Jeff Lynch, representing the applicant, requested a continuance of the special permit hearing because the project is still pending before the Conservation Commission and Planning Board. The applicant expects revisions after those boards act. The board agreed to continue the hearing to 6:30 PM on August 26, 2026, following the Zoning Administrator discussion. The applicant was reminded to provide an engineer's certification with the application. Public comment was deferred to the continued hearing date.

Key Outcomes

• Minutes Approved: Unanimous approval of June 16, 2026 meeting minutes.
• Zoning Administrator Discussion Continued: The board voted to continue the ZA discussion to August 26, 2026 at 6:00 PM (motion made, seconded, all in favor).
• Special Permit Hearing Continued: The hearing for 165 W. Tonic Street was continued to August 26, 2026 at 6:30 PM (motion made, seconded, all in favor).
• Meeting Adjourned: The meeting was adjourned at approximately [time not specified] after a motion and unanimous vote.