Lee Special Town Meeting – October 1, 2026

The Town of Lee held a Special Town Meeting on October 1, 2026 at 6:02 PM, adjourning at 6:46 PM. Registered voters debated and voted on four articles: reimbursing a property owner for water line damage, funding a tire machine for the fleet mechanic, amending water and sewer bylaws (including a contested change to the abatement process), and updating zoning bylaws for clean energy systems.

Consent Calendar

• Article 2: The town unanimously approved transferring $17,500 from available funds to purchase a tire machine for the fleet mechanic. Motion passed by voice vote.

Public Comments & Testimony

• Article 1 – Reimbursement for water line damage: John Cody (Lee resident) questioned whether the contractor (Borges) was bonded and why the town was responsible. Scott Lipovo (property owner) stated that the contractor covered up damage, the water line was only buried 22 inches (causing freeze-ups), and that the property owners paid a plumber (Van Zant) in good faith expecting reimbursement from the town. He requested the town’s support.
• Article 3 – Bylaw amendments (abatements): Dave Forrest (Planning Board member and member of the Board of Public Works) moved to strike the proposed changes to the abatement process, arguing that the Board of Public Works should retain the authority. Robert Wright (20 Peace Terrace, Board of Public Works member) defended the current system, stating only two appeals had occurred in four years and both were granted. Monica Ryan (former BPW member) noted that interest/penalties were waived while abatements were pending. Richard Britton (Davis Street) recalled a case where a woman with complete documentation was sent away for two weeks. Several speakers supported the change, including the Town Administrator who explained it would provide a faster, fairer system with an appeal to the Select Board.
• Article 4 – Zoning amendments for clean energy: Peter Hoffman (Devon Road, Chair of Greener Gateway Committee) asked about surety bonds for decommissioning (questioning why solar only requires land value), the need for adjusting bonds over time, and whether recycling requirements could be strengthened. Buck Donovan (Planning Board Chair) responded that the bylaws give the board flexibility through special permits. Monica Ryan (Laurel Street) expressed concern about wind turbine setbacks and blade throw; Donovan confirmed setbacks remained unchanged.

Discussion Items

• Article 1 – Appropriation of $8,535.21 for 104 Center Street: The town considered reimbursing the property owner for damages caused during construction of the municipal water line by a contractor (Borges) that is now out of business. The three-year statute of limitations had passed, and the bond/insurance were no longer valid. The damage was discovered after a sewer pipe failure, as the contractor had covered it up. The property owner noted the water line was buried only 22 inches, causing freeze-ups. The town concluded it was a “parade of horribles” and the owner should be reimbursed. The motion passed with a voice vote (ayes have it).
• Article 3 – Amendment to water and sewer bylaws (Chapters 248, 235, 195): The Town Administrator introduced the proposed changes, which included correcting errors (e.g., removing “asbestos water pipe”), procedural updates, and simplifying the abatement process by having the DPW Superintendent handle abatements instead of the Board of Public Works, with an appeal to the Select Board. Lee was noted as one of only 17 out of 351 Massachusetts towns still using a board for abatements. After extensive debate, Dave Forrest’s motion to keep the Board of Public Works for abatements (i.e., striking all changes in sections A–D) was voted down (voice vote, noes prevailed). The main motion to adopt the amended bylaws then passed (voice vote, ayes have it).
• Article 4 – Zoning bylaw amendments (Chapters 199.9, 199.10, 199.12): The Planning Board unanimously recommended the changes to comply with the state’s new consolidated clean energy permitting process. Solar and wind regulations were updated to measure by kilowatts instead of acreage, and a new battery energy storage (BESS) bylaw was added. Bonding and decommissioning requirements were discussed; the board noted flexibility through special permit conditions. The motion passed with the required two-thirds vote (unanimous).

Key Outcomes

• Article 1: Passed – $8,535.21 appropriated to reimburse the owner of 104 Center Street for water line damage.
• Article 2: Passed unanimously – $17,500 transferred for a fleet mechanic tire machine.
• Article 3: Dave Forrest’s amendment to retain the Board of Public Works for abatements was defeated (voice vote: noes). The main motion to adopt the amended water and sewer bylaws (including shifting abatement authority to the DPW Superintendent with appeal to the Select Board) passed (voice vote: ayes). The changes will be effective upon approval by the Massachusetts Attorney General.
• Article 4: Passed with two-thirds vote (unanimous) – zoning bylaw amendments to address solar, wind, and battery energy storage, aligning with state regulations. The meeting was adjourned at 6:46 PM.