Lee Planning Board Meeting – July 27, 2026

The Lee Planning Board held a regular meeting and continued special permit hearing for 165 Housatonic Street at 6:15 p.m. The board approved prior minutes, heard updates on state zoning changes and a state land PILOT commission, endorsed a DOER representative designation, and took extensive testimony on the proposed 75-room hotel before continuing the hearing to August 17, 2026.

Consent Calendar

• Approved the July 13, 2026 regular meeting minutes as presented; motion by Peter Blum, seconded, with all board members assenting.
• Approved the July 20, 2026 site visit minutes as presented; motion by Peter Blum, seconded by Dave, with all board members assenting.

Correspondence & Reports

• The Massachusetts Division of Fisheries and Wildlife is drafting a new priority habitat map and is accepting comments through October 4, 2026.
• The board received notice of a setback/dimensional special permit request involving a pre-existing nonconforming structure on Main Street in Stockbridge (referenced as the Red Lion Inn) for informational purposes.
• Eagle Mill announced tours on August 4, 2026 from 4:00 to 5:30 p.m., with a formal program at 5:30 p.m.; board members commented positively on the completed brickwork and windows.

Discussion Items

• State zoning act changes: Planner Brooke reported that recently enacted changes to the state Zoning Act, effective July 13, 2026 and backdated to July 1, 2026, extend the nonconforming-use abandonment period from two years to four years and make other changes to zoning freezes, merger protections, and variance standards. The new variance standard adds “practical difficulty” beyond traditional hardship factors such as soil, shape, or topography, potentially including financial hardship. Brooke noted there is no case law yet and that training is expected; a board member said many local officials were caught by surprise because the change came through the state budget.
• DOER consolidated permitting representative: The planning board endorsed the appointment of the town’s land use department as the town’s local government representative under the Massachusetts Department of Energy Resources Consolidated Permit Regulation. The select board had conditionally approved the appointment pending this endorsement. The motion passed with all members assenting. This step was needed for the DOER process ahead of the tentatively scheduled October 1, 2026 special town meeting.
• State-owned land PILOT commission: Brooke reported on a recent public listening session about the state-owned land PILOT program. She noted Lee’s state-owned acreage is valued at about $9 per acre compared to roughly $400 per acre on Cape Cod. She is developing ideas for a valuation formula that could include development potential, ecosystem services, and social value, and will share her filed comments. The board discussed a possible February special town meeting for additional zoning work.

Public Comments & Testimony

• No public comment was offered on non-agenda items at the start of the meeting.
• During the hotel hearing, Marilyn Wyatt said she had not yet seen the revised plans and asked for future public review. She presented research indicating Berkshire County’s average annual hotel occupancy is about 50 percent, below the national average of about 63 percent, and cited a 2023 downturn in hotel-specific spending in the county. She argued the county already has an oversupply of hotel rooms, questioned the tax-revenue benefit if the hotel is largely empty much of the year, and said a four-story building would be extraordinary in the CDC district. She also raised a discrepancy about impervious surface figures: she said the Conservation Commission heard there would be a reduction of 1,050 square feet within the 100-foot setback but an increase of 4,100 square feet within the 200-foot setback. The applicant responded that site-wide impervious surface would increase by about 4,106 square feet, but would decrease by about 1,000 square feet within the R20 district closest to the river, attributing the difference to definitions of riverfront area versus zoning district.
• An abutter from a property on Floor Street, who said her family has owned the property for 42 years, said the hotel would be visible for most of the year when leaves fall, would diminish her view of the Congregational Church steeple, and that the failed balloon test and rescheduling created fatigue for abutters. She respectfully disagreed with the applicant that the revised design matches Lee’s historic downtown.
• Another resident urged the board not to set a precedent by allowing a four-story building in a residential-adjacent area, emphasized preserving Lee’s character, asked the Conservation Commission to review stormwater and environmental impacts, and questioned whether the hotel would generate full-year tax revenue.
• A speaker from Ford Street said he would like to see the project continue but with a competent operator.
• Sam Patel said Berkshire County occupancy is seasonal and that the applicant’s 67 percent figure likely reflects a national average, not Berkshire County; he offered to provide Smith Travel Research data. He urged the planning board to require executed Marriott franchise and management agreements before approval, expressed concern about what would happen if the franchise or management company leaves, asked about screening and privacy for neighbors, disputed the applicant’s comparison to the Quality Inn by saying it has 46 rooms rather than 49, and said he supports a hotel but believes four stories is too high and a three-story building with a larger footprint would be preferable.

Public Hearing: 165 Housatonic Street Hotel Proposal

• Applicant update: Attorney Jeff Wynch, architect Mark Musaccio, and Ibrahim Zia of Garden Management presented. The proposal is a 75-room hotel with 80 parking spaces. The building would be 49 feet to the top of the structure, with rooftop mechanical equipment and screening excluded from height under the zoning bylaw. The applicant said updated elevation drawings are intended to better reflect downtown Lee’s historic character, the pool would be inside the building, and about 8,500 square feet of riverbank area would be landscaped. Conservation Commission review is scheduled for August 5, 2026; stormwater peer review is still pending; the ZBA hearing has been continued to August 27, 2026; MEPA review is not expected to be triggered; MassDOT did not require a traffic study but will require access and utility permits. The applicant is requesting site plan approval and special permits for the continued nonconforming hotel use, building height up to 50 feet, extension of the CDC district 50 feet into the R20 zone, and continued parking in the R20 zone.
• Board discussion and concerns: Board members extensively questioned the project. They challenged the adequacy of 80 parking spaces, noting the bylaw formula based on maximum guest capacity and employees could require about 228 spaces. Board member Tim calculated 75 rooms with 104 beds, while applicant materials referenced 20 employees and a 67 percent average occupancy rate. Board member Peter said the planning board may have authority to reduce the parking requirement and cited industry research suggesting 90–100 spaces for a highway-oriented, breakfast-only hotel. The board chair said 80 spaces seemed insufficient and strongly encouraged the applicant to evaluate using the adjacent 185 Housatonic Street property for additional parking; Ibrahim Zia confirmed common ownership and said additional parking could be created in the backyard of 185, but no commitment was made.
• Other board concerns included: the absence of a front-yard parking special permit application; parking stall dimensions of 8.9 by 18.5 feet; a 20-foot two-way aisle that board members said should be 24 feet; 22-foot curb cuts; fire truck turning radius concerns; missing dumpster enclosure details; sign dimensions and illumination; landscape species and tree caliper/installed heights; stormwater sheet flow toward the street and Starbucks property; need for rim elevations and grate details; utility capacity and flow testing; and need for a stormwater operation and maintenance plan.
• Design concerns: Peter and the chair said the revised design still appeared block-like and lacked New England details such as cornices, dentils, contrasting window lintels, or a mansard treatment. The architect said the building would be mostly EIFS with brick on more than 30 percent of the front facade, a soldier course above windows, and that Marriott brand approval constrains major departures from the prototype. The chair said the design needed to be improved and that parking remained a major issue, adding that this is one of the most contested projects the board has seen.
• Franchise and maintenance concerns: Tim and Sam Patel asked about Marriott quality audits, franchise agreement terms, maintenance responsibility, and contingency plans if the franchise or management company leaves. The applicant said a Marriott-approved management company would operate and maintain the property, but did not commit to producing the franchise or management agreements.

Key Outcomes

• The planning board approved the July 13 and July 20 minutes.
• The board endorsed the town’s land use department as the DOER consolidated permitting representative; the select board’s conditional approval is now final.
• The special permit public hearing for 165 Housatonic Street was continued to August 17, 2026, at 6:15 p.m.
• A site visit for the balloon test is scheduled for August 6, 2026, at 5:00 p.m., with August 10, 2026, at 5:00 p.m. as a rain date, subject to balloon delivery and weather.
• The applicant was asked to provide additional materials, including a front-yard parking special permit application, more detailed landscape species and sizes, lighting and sign details, stormwater and utility information, fire chief consultation, further parking analysis using the 185 Housatonic Street property, and more information on franchise/management arrangements.
• A special town meeting is tentatively scheduled for October 1, 2026, with a possible February 2027 special town meeting for additional zoning changes.