On the heels of the November 2 public safety complex informational meeting, Lee Select Board members took action on November 7 to move that project forward, subject to a December 6 special town meeting vote at 7 p.m. in the Lee High School auditorium.
But that is not all. Unanimous in their approval of nine annual town meeting warrant articles, the board’s proposals run the gamut from buying and selling real estate to determining how to use funds from the state’s opioid crisis settlement to creating first-time regulations allowing short-term rentals.
So, what measures will voters pass or reject in the upcoming town meeting?
Real estate ventures: Articles One, Three, and Four
The warrant’s first article seeks a two-thirds vote to move forward a $36.7 appropriation for new public safety and public works facilities that includes buying two properties—41 Railroad Street and 1185 Pleasant Street—and funding the to-be-built complex. The plan includes relocating the Public Works Department to the Pleasant Street tract and merging the Police, Fire, and Emergency Management Services departments into one new facility between the town post office and Dresser Hull, the Railroad Street tract. This project would also include the demolition of the Airoldi Building and DPW Garage/Quonset hut. Should voters approve the measure, a future town-wide election (i.e., a referendum) would still be needed to issue a bond for the project.
“I think this is a huge opportunity for the town to get our DPW out of [a] pretty poorly maintained building over time,” Select Board member Gordon Bailey said at the November 7 meeting, during which the group signed the purchase agreement for the Pleasant Street property. “Probably, what we’re paying sounds like a lot of money, but it will be at least half of what it would cost if we were to actually go out and construct this ourselves. Probably way less than half.”
He said there is enough land on the site to add more structures if the space is needed by the town. “This really is a great opportunity for the Town of Lee to upgrade all of our facilities that are sorely needed,” Chair Robert “Bob” Jones said.
If passed, Article Three would enable the town to acquire 25 acres of conservation land at 505 Stockbridge Road, with that tract connecting two town parcels—300 Stockbridge Road and Longcope Park—to form a contiguous 240-acre tract. The $135,000 appropriation for the sale price and fees would emanate from the town’s Community Preservation or Open Space Recreation funds.
“This opens up a huge number of options for the town,” Bailey said at the November 7 signing of the 505 Stockbridge Road purchase agreement.
Article Four allows the town to sell to an adjacent landowner an unoccupied barn that is in disrepair on 1.2 acres at 325 Stockbridge Road. The board signed the sale agreement on November 7 for $31,000, subject to town approval. Should the property not be sold, however, the town will incur the cost of demolishing the structure as it is a nuisance.
Opioid settlement funds: Article Two
The second article focuses on the town’s share of state Opioid Settlement monies (a little over $67,000), with administrators needing resident approval to appropriate these funds. About $56,000 will be remitted to Great Barrington’s Rural Recovery Center that treats Lee residents and about $11,000 to the Lee Police Department budget for training programs that include the use of Narcan to reverse the effects of an opioid overdose. Per the settlement, the monies must be used for substance abuse-recovery-related projects, according to Lee Town Manager Christopher Brittain.
Paying invoices from prior years: Article Five
Article Five requires a nine-tenths vote by residents to pay previous years’ invoices tallying $6,127.37 total: 2023 Department of Public Works invoices ($1,853.19); 2022 Water and Sewer Department invoices of $400 for geolocation fees; 2021 Fire/EMS fees ($3,677.18) to Stryker for equipment; and 2021 and 2023 invoices ($197) for drug testing for the Council on Aging, Police Department, and Department of Public Works. A town vote is needed when the invoices aren’t from the current fiscal year, with the fees unpaid due to pandemic staffing shortfalls.
These first five articles are recommended for approval by the Lee Finance Committee.
Making final voter registration day easier: Article Six
Article Six allows the town to hold its final voter registration day—that would have fallen on a weekend—on a weekday when the Lee Town Hall is open.
Changing accessory dwelling unit regulations, adding short term rental bylaws: Articles Seven, Eight, and Nine
The last three articles reflect Planning Board recommendations and concern changes to the existing laws governing accessory dwelling units (ADUs) while adding regulations establishing short-term rentals (STRs) to the town’s bylaws.
The abundance of internet sites touting STRs—the rental of a room or unit for typically less than 30 days—in Lee prompted the draft of Article Seven, with the town currently lacking any bylaws governing such rentals, Brittain’s November 9 warrant summary states. Although the draft article allows for STRs within Lee’s borders, the designation isn’t available for “affordable housing” units, and STR owners are required to collect tax on the properties as well as register their unit at Lee’s Town Hall. This last requirement ensures that local officials can keep track of the number of STRs in existence and enforce town bylaws. The regulation proposed limits the number of occupants in the STR, disallows tents or commercial use in the STR, imposes a minimum renting age, restricts the unit’s level of amplified noise, and requires the naming of a property manager, among other provisions.
The STR registration fee is proposed at $100, and fines imposed for violating the provisions governing STRs could potentially run $300 daily, with the revocation of an STR permit as a possibility.
Articles Eight and Nine would allow an ADU—a standalone living space—to be built that wouldn’t need to be attached to the home, or main dwelling, on the lot. An ADU could be rented to provide income to the homeowner as well as add to the availability of housing in town. Currently, Lee bylaws only allow ADUs that are physically attached to the main unit.
However, the ADU proposal contains limitations: An owner must get a special permit from the Planning Board before building the ADU structure; only one ADU is allowed per lot, with that lot sized at least 15,000 square feet; the ADU must be 400 to 900 square feet; the ADU must be fully independent (i.e., have bathroom and kitchen facilities); and the ADU must have at least three off-street parking spots. Finally, the ADU can’t be used as a short-term rental.
