Lee Planning Board Meeting - July 13, 2026

This meeting of the Lee Planning Board on July 13, 2026, addressed a Form A subdivision application for a property with an accessory dwelling unit (ADU), continued a public hearing for a proposed Marriott hotel at 165 Pushitonic Street, and discussed draft bylaws for battery energy storage systems and other administrative matters.

Consent Calendar

• The board voted unanimously to approve the minutes of June 22, 2026, with minor amendments (spelling correction and quotation marks added).

Public Comments & Testimony

• No public comments were made on non‑agenda items.
• During the hotel public hearing, several residents spoke:
  • Marilyn (a neighbor) expressed concerns about the zoning district line, parking shortages, the size of the project, and the need for additional special permits. She urged the board to consider whether such a large hotel is appropriate for the site.
  • Molly Shipper asked that the balloon test include all rooftop mechanicals to accurately represent the building height.
  • Holly Jones (Director of Facilities at Jacob’s Pillow) spoke in support of the project, noting that her organization spends about $600,000 annually on hotel rooms and often has to look outside Lee for adequate accommodations.
  • Wendy Haup and other neighbors opposed the project, citing its size, potential noise and traffic, and the existing ownership’s management record.
  • Ernie (37 Motor Street) raised concerns about wetland drainage and flooding on his property.
  • Other speakers questioned the building’s proximity to the road, the location of utility equipment, and the need for a thorough lighting plan.

Discussion Items

Form A Subdivision (Maple Tree Property)

• Patrick Old requested a Form A endorsement to subdivide a lot that contains a primary dwelling and a detached ADU. The ADU was built after the town’s ADU bylaw, which prohibits the separate conveyance of an ADU from the primary dwelling.
• The board debated whether the subdivision violates that restriction. After discussion, the board concluded that the Form A review is limited to verifying frontage and access; it does not enforce substantive zoning provisions. The board noted that the lot meets all frontage and setback requirements and that the building commissioner had no objection.
• The board voted unanimously to approve the Form A, recommending that the ADU bylaw be clarified at a future town meeting to prevent similar situations.

Marriott Hotel at 165 Pushitonic Street

• The applicant (Brian Sander of Foresight Land Services, representing Garden Management LLC) requested a special permit to demolish the existing Pilgrim Inn and construct a four‑story, 74‑room Marriott hotel with related parking and site improvements.
• Key issues discussed:
  • Timeline and MEPA Review: The applicant stated that a pre‑filing meeting with MEPA was scheduled for July 15, 2026. The board asked whether the project should be held until the MEPA review is complete; the applicant noted that the conservation commission would handle most environmental permits and that the processes could run concurrently.
  • Balloon Test: The board scheduled a site visit and balloon test for Monday, July 20, 2026, at 5:00 PM at the property. Neighbors were invited to view the balloons from Maple Street.
  • Zoning District Line: A resident pointed out a discrepancy between the applicant’s site plan and the official zoning map regarding the boundary between the CBC and R‑20 zones. The board acknowledged the issue but noted that the setbacks would still be met even if the line were farther north.
  • Parking and Special Permits: The resident argued that the parking lot would require additional special permits (e.g., parking in the flood zone, parking in front of the building). The applicant stated that a revised plan set addressing all comments would be submitted within two weeks.
  • Public Testimony: Multiple residents expressed opposition, citing concerns about height, scale, traffic, noise, and the property’s history. A representative from Jacob’s Pillow spoke in favor, emphasizing the need for more lodging options.
• The hearing was continued to July 27, 2026. The board agreed to review the complete revised plans and comments at that meeting.

Battery Storage Bylaw

• Town Planner Brooke reported that the state has set an October 1, 2026 deadline for municipalities to adopt local regulations for clean energy facilities (solar, wind, battery storage, anaerobic digestion). She presented early thoughts on a draft bylaw for battery energy storage systems.
• The board discussed setback distances, fire safety concerns, and the need for input from the fire chief. Members suggested a minimum setback of 50 feet from property lines. They agreed to work toward a public hearing in September and a special town meeting to adopt the bylaw before the deadline.

Other Items

• Brooke announced a state PILOT (Payment in Lieu of Taxes) Commission listening session on Friday, July 24, 2026, from 10:00–11:30 AM at the Berkshire Innovation Center in Pittsfield. She encouraged board members to attend to advocate for fair compensation for state‑owned land in Western Massachusetts.
• The board discussed scheduling for August and September, including additional meetings for the hotel hearing and the clean energy bylaw.

Key Outcomes

• Approved the minutes of June 22, 2026 (unanimous).
• Approved the Form A subdivision for the Maple Tree property (unanimous).
• Scheduled a site visit and balloon test for the proposed hotel on July 20, 2026, at 5:00 PM at 165 Pushitonic Street.
• Continued the public hearing for the Marriott hotel special permit to July 27, 2026.
• Directed the town planner to prepare a draft battery storage bylaw and to coordinate with the fire chief on safety requirements.
• Set a goal to hold a public hearing on the clean energy bylaw on September 14, 2026, so that it can be placed on a special town meeting warrant before October 1, 2026.