Lee Conservation Commission Meeting – August 19, 2026

The Lee Conservation Commission met on August 19, 2026. No formal agenda or minutes were available for this summary, so it is based solely on the meeting transcript. The commission approved prior minutes, reviewed correspondence, acted on a tree-cutting request and two notices of intent, and began discussing a possible local bylaw to supplement the Massachusetts Wetlands Protection Act.

Consent Calendar

• The commission voted to approve the minutes of the August 5, 2026 meeting.

Correspondence

• Tom Brucecoff, environmental analyst, advised by email that a rain garden may be used for compensatory flood storage only if it meets the general performance standards, including an unrestricted hydraulic connection to the same waterway or water body. He noted that a depression-style rain garden can trap floodwaters and prevent unrestricted outflow, so any design must allow floodwaters to flow freely back to the stream.
• Melissa Jacobs provided an update on GEP file 196-40498, the MassDOT rail bridge and Willow Brook culvert replacement north of Route 102. During excavation, the existing stone stream wall was found too unstable to maintain; the work plan is to replace portions of it with a riprap slope to tie the new culvert into the slope. The stream channel width and culvert design are unchanged, but minor additional buffer zone and riverfront impacts may occur. The field change was expected to be implemented before Monday so the tracks could open, and Epsilon staff were and would remain on site.
• Commission members discussed other ongoing railroad work, raising concerns about the Mill Street ditch, use of a staging area, apparent concrete instead of promised stone work, bank damage from excavators, nighttime noise, and possible wetland fill. They asked staff to follow up on site conditions and permit compliance.

Discussion Items

• Scenic Mountain RDA – 50 Elf Drive, Gerald Siegel, Map 27 Lot 185: The applicant requested approval to cut two dead white ash trees, one about 15 feet from the house and one snag leaning toward the house. Both showed pileated woodpecker holes, but other dead trees remained for habitat. Members noted the trees were not in a wetland resource area, and one member said he would not be responsible for telling someone they could not cut a dead tree. A motion to approve cutting the two trees was made and seconded.
• Continued NOI – 165 Housatonic Street: The applicant had not yet paid the 900 dollars required for the third-party reviewer to continue, and had not signed the form needed to open the account that pays the reviewer. The applicant representative, Brian, said the peer review was being held until revised plans are finalized through the Planning Board, and that the signature was a technicality. The commission discussed giving the applicant four business days to sign the form and submit the 900 dollars.
• NOI – 705 Marble Street: The proposal is for a 100-car parking lot, a 26-foot by 30-foot bridge, a walking path, and a pavilion. No applicant appeared and no revised plans were submitted. A member questioned why a 26-foot-wide bridge was being discussed, stating it had never been approved and was overkill. A motion was made to continue 705 Marble Street until November 2; the transcript does not clearly record a second or vote.
• Potential local Wetlands Protection Act bylaw: A member introduced a model bylaw and suggested protecting resources not currently covered by the state act, including intermittent streams, vernal pools, land subject to flooding below state thresholds, and small or man-made ponds. A buffer zone of 25 feet was discussed, possibly adjustable. Several members expressed strong support for the intent of the Wetlands Protection Act but raised concerns about adding another layer of regulation, private property rights, the many ponds and streams in town, and the need to avoid a rushed special town meeting. They agreed any bylaw should be developed carefully, with town counsel, for a well-attended 2027 Annual Town Meeting.

Key Outcomes

• Approved the minutes of August 5, 2026.
• Approved the removal of two dead ash trees at 50 Elf Drive, with one abstention.
• Voted to continue the pending NOI for 165 Housatonic Street to the next meeting; the transcript records the motion as 705 Marble Street, but the context suggests this was meant for 165 Housatonic Street because 705 Marble Street was then taken up as the next agenda item.
• Discussed requiring the 165 Housatonic Street applicant to sign the account form and pay the 900 dollars within four business days.
• 705 Marble Street was discussed without applicant attendance; continuation was proposed but no clear vote is shown.
• Agreed to continue exploring a local wetlands bylaw, with no immediate warrant article; the next regular meeting is set for September 3, 2026.