HomeMy WebLinkAbout2024-12-09 SB-min
SELECT BOARD MEETING
December 9, 2024
A work session of the Lexington Select Board was called to order at 6:31p.m. on Monday, December 9,
2024, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Barry, and Ms. Hai, were present,
as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback,
Executive Clerk.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Announcements and Liaison Reports
Mr. Lucente welcomed Abe Fofanah, the new Management Fellow.
TOWN MANAGER REPORT
1. Town Manager Weekly Update
Mr. Bartha gave kudos to Ms. Barrett for the forum today regarding transit challenges outside of the
Boston core, including the looming fiscal cliff for the MBTA.
DOCUMENTS: Weekly Update 12/6/24
PUBLIC COMMENTS
Olga Guttag, 273 Emerson Road, asked why renewing the High School campus was not explored further.
She asked how the School Building Committee could spend two years and hundreds of hours of meetings
without asking the architects to design to a budget. She suggested that tax dollars be spent on teachers and
not a showcase building. She asked the Board to demand a viable plan for the project. A community
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conversation on this topic will be held on December 18 from 6pm-9pm at the Police Station.
Lana Panasyuk, 28 Saddle Club Road, stated that MBTA rezoning will likely lead to 1,000 units in the
next two years in Town, instead of numbers previously given. The Town is not ready to properly absorb
these units. She asked how the Board will acknowledge this information. Two years ago, an Article 97
working group concluded that no Lexington High School building should be positioned on the fields.
However, now the plan is to build on the fields. Many people were misled through this process.
CONSENT AGENDA
1. Designate Acting Town Manager
Move to approve the designation of Kelly Axtell, Deputy Town Manager as Acting Town Manager in the
Town Manager's absence and Carolyn Kosnoff, Assistant Town Manager for Finance, as Acting Town
Manager in the Town Manager's and Ms. Axtell's absence.
DOCUMENTS: Memo
2. Approve Tax Bill Insert – Senior Tax Deferral Program
Move to approve the tax bill insert as proposed.
DOCUMENTS: FY2025TaxDeferralInsertforQ3TaxBills
3. 2025 Automatic Amusement Device License Renewals
To approve the 2025 Annual Automatic Amusement Device License Renewals for the following
business:
AUTOMATIC AMUSEMENT DEVICES
Lexington-Lodge #2204 B.P.O.E. (Golden Tee Golf) - 959 Waltham Street
Lexington Lodge #2204 B.P.O.E. (Jukebox) - 959 Waltham Street
4. 2025 Class I/II License Renewals
To approve the 2025 Annual Class I/II License Renewals for the following businesses:
CLASS I
Lexington Toyota - 409 Massachusetts Avenue
CLASS II
A to Z Auto Wholesale - 20 Vine Street Mabuchi Motorcars - 401 Lowell Street
5. 2025 Common Victualler License Renewals
To approve the 2025 Annual Common Victualler License Renewals for the following businesses:
COMMON VICTUALLER
Aloft Hotel - 727 Marrett Road
Beijing Chinese Dining - 1709 Massachusetts Ave
Bruegger's Bagels - 413 Waltham Street
Clay Oven Indian Restaurant - 1666 Massachusetts Ave
Craft Food Hall - 10 Maguire Road
Craft Food Hall - 1050 Waltham Street
Daikanyama Japanese Cuisine - 43 Waltham Street
Dunkin Donuts - 323 Marrett Road
Dunkin Donuts -10 Woburn Street
Dunkin Donuts - 141 Massachusetts Ave
Dunkin Donuts - 277 Bedford Street
Element Hotel - 727 Marrett Road
Fiorella's Trattoria - 25 Waltham Street
Fruitee Yogurt - 1707 Massachusetts Avenue
Galaray House - 1720 Massachusetts Avenue
il Casale - 1727 Massachusetts Avenue
Inspire Bowl n Tea - 1686 Massachusetts Ave
Knights of Columbus Members Association Inc - 177 Bedford Street
Lexington Golf Club - 55 Hill Street
Lexington Elks Club #2204 - 959 Waltham Street
Mario's Italian Restaurant - 1733 Massachusetts Avenue
Qdoba Mexican Eats - 46 Bedford Street
Rancatore's Ice Cream and Yogurt - 1752 Massachusetts Avenue
Revival Café + Kitchen - 1729 Massachusetts Avenue
Revolution Hall - 3 Maguire Road
Starbucks #7553 - 60 Bedford Street
The Upper Crust - 41 Waltham Street
The Vintage Tea and Cake Company - 21 Muzzey Street
Via Lago - 1845 Massachusetts Avenue
6. 2025 Entertainment License Renewals
To approve the 2025 Annual Entertainment License Renewals for the following businesses:
ENTERTAINMENT
Aloft Hotel - 727 Marrett Road
Beijing Chinese Dining - 1709 Massachusetts Ave
Clay Oven Indian Restaurant - 1666 Massachusetts Ave
Element Hotel - 727 Marrett Road
il Casale - 1727 Massachusetts Avenue
Love at First Bite - 1710 Massachusetts Avenue
Revolution Hall - 3 Maguire Road
Starbucks #7553 - 60 Bedford Street
The Upper Crust - 41 Waltham Street
Via Lago - 1845 Massachusetts Avenue
7. 2025 Liquor License Renewals
To approve the following 2025 Annual Liquor License Renewals:
ALL ALCOHOL/ RESTAURANTS
Clay Oven - 1666 Massachusetts Avenue
Il Casale - 1727 Massachusetts Avenue
Love at First Bite - 1710 Massachusetts Avenue
Revolution Hall - 3 Maguire Road
Royal India - 7 Meriam Street
Via Lago - 1845 Massachusetts Avenue
WINE/MALT RESTAURANTS
Daikanyama - 43 Waltham Street
Akame Nigiri & Sake - 1707 Mass Ave Unit 2
Fiorellas - 25 Waltham Street
Marios - 1733 Massachusetts Avenue
Taipei Gourmet - 211 Massachusetts Avenue
Upper Crust - 41 Waltham Street
Vintage Tea and Cake - 21 Muzzey Street
PACKAGE STORES
Berman’s - 55 Massachusetts Ave
Lexington Wine & Spirits - 186 Bedford Street
Lexington Liquors - 7 Depot Square
Liberty Wine and Spirits - 335 Woburn Street
Vinebrook Bottle - 131 Massachusetts Ave
Whiskey & Wine - 55 Bedford Street
CLUBS
Lex. Golf Club - 55 Hill Street
Lexington Lodge #2204 B.P.O.E. - 959 Waltham Street
8. Approve Select Board Minutes
To approve and release the following minutes:
October 25, Select Board
November 8, Select Board
November 13, Select Board
DOCUMENTS: DRAFT 10252024 Select Board, DRAFT 11082024 Sleect Board, DRAFT11132024
Select Board
9. Approve One Day Liquor License – Munroe Center for the Arts – 1403 Massachusetts Ave
Annual End of Year Party - Thursday, December 12, 2024, from 6:00pm - 8:00pm
To approve a One-Day Liquor License for the Monroe Center for the Arts, 1403 Massachusetts Avenue,
to serve wine from 6:00 pm to 8:00 pm on Thursday, December 12, 2024.
DOCUMENTS: Monroe Event Diagram
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the
Consent Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Update on Senior Tax Relief Programs
Dana Bickelman, Director of Human Services, gave a brief update on the Senior Tax Relief Programs.
She noted that the Department is working to expand opportunities for additional placements and will be
meeting with senior managers of other departments to learn about their needs. Ultimately, the intention
would be to create a job bank that would be available for senior residents. Also, currently the maximum
credit per household in Lexington is $1,755. It was noted that the State recently approved an increase of
up to $2,000. Ms. Hai noted she thought Lexington should adopt that same maximum if we haven’t
already. Finally, Ms. Bickelman said the Lexington Human Services Department provides trained tax
advisors during the tax filing season to help with seniors to receive the circuit breaker tax credit on their
Massachusetts State income tax return.
The Board requested future discussion on more specific ways to enhance the current programs, and also
for potential home rule petitions or other advocacy at the State level.
DOCUMENTS: Senior TaxRelief presentation, Tax Relief Programs, FY25PropertyTaxReliefBrochure
2. Review and Approve Transportation Safety Group Recommendations for Amendments to §192
Traffic Rules and Orders
Meghan McNamara, Assistant Planning Director, explained that the Traffic Safety Group (TSG) is
recommending the installation of four stops signs and lines at the following locations: Rangeway at
Volunteer Way, Coach Road at Volunteer Way, Hickory Street eastbound at Augustus Road, and Hickory
Street westbound at Augustus Road. TSG is also recommending a parking prohibition on Ledgelawn
Avenue to prohibit parking near the intersection of Bedford Street.
Lisa Newton, 15 Ledgelawn Avenue, stated that she and her fellow residents did not specifically request
the parking prohibition on Ledgelawn , but agrees with it in response to the potential passing of the 231
Bedford Street development.
Julia Braza, 18 Augustus Road, stated that she brought forth the request for the stop signs on Hickory
Street and expressed appreciation for the Board’s consideration.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 that in
accordance with the provisions of Chapter 689 of 1986 of the General Laws, the Traffic Rules and Orders
of Lexington, adopted by the Board of Selectmen on November 13, 1967, now Chapter 192 of the Code
of Lexington are hereby amended by adding the following to:
§ 192-10 Schedule 7: Stop Signs and Yield Signs
o Rangeway at Volunteer Way – Stop
o Coach Road at Volunteer Way – Stop
o Hickory Street eastbound at Augustus Road – Stop
o Hickory Street westbound at Augustus Road – Stop
Also, that in accordance with the provisions of Chapter 689 of 1986 of the General Laws, the Traffic
Rules and Orders of Lexington, adopted by the Board of Selectmen on November 13, 1967, now Chapter
192 of the Code of Lexington are hereby amended by adding the following to:
Chapter 192-18 Schedule 1 "Parking Prohibited or Restricted"
o Ledgelawn Avenue- South side from Bedford Street to approximately 120 feet east
between the properties of 3 and 5 Ledgelawn Avenue – “No Parking”; and
o Ledgelawn Avenue – North side from Bedford Street to approximately 120 feet east
between the properties of 253 Bedford Street and 2 Ledgelawn Avenue – “No
Parking”
DOCUMENTS: Memo to Town Manager, Code Amendment-Hickory, Parking Code Amendment-
Ledgewood, Presentation
3. Amend Committee Charges: Youth Commission, Semiquincentennial Commission, and Design
Advisory Committee
Mr. Lucente explained that the Board is being asked to approve the following changes to the Youth
Commission charge as outlined in the attached document showing the proposed charges:
Update the description to emphasize empowering Lexington’s youth through community service,
educational initiatives, and leadership opportunities.
Establish a Youth Advisory Committee open to Lexington residents entering grades 9 through 12,
with a defined application process.
Update criteria for membership to require skills in working with teenagers and the ability to pass
a CORI background check.
The Board reviewed and suggested changes to the charge.
The Board is also being asked to review and approve the following changes to the Design Advisory
Committee's charge as outlined in the attached redlined version:
Changing the number of associate members to 0.
Extending the term to be 3 years in length on a rolling basis.
Update criteria for membership to not require residency and change wording to be "Most of" the
members needing to be architects, planners, environmental engineers or other design
professionals to allow more flexibility with recruiting.
Update their purpose to be giving recommendations to the Select Board, Zoning Board of
Appeals and Planning Board as needed.
The Board reviewed and suggested changes to the Design Advisory Committee's charge. There was
agreement to place this item on a future Consent Agenda in order to review a clean, updated copy.
Finally, regarding the Semiquincentennial Commission Charge, Suzie Barry's term as Select Board
Member will officially be completed by March 2025. She currently holds a Select Board Member seat on
the Semiquincentennial Commission. Ms. Barry has offered to stay on the Semiquincentennial
Commission to see the work through. The Board agreed to update the charge to reflect that a current or
former Select Board member can sit on the Commission. This would allow Ms. Barry to continue on the
Commission. The Board thanked her for her willingness to sit on the Semiquincentennial Commission to
assist in the work.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the
amended Youth Commission charge as proposed in the packet, with the additional edit of changing the
“Youth Advisory Committee” to “Youth Advisory Group;” and to add to the current Semiquincentennial
charge, the word “current” or “former” with the Select Board appointment.
DOCUMENTS: YouthCommission-Originalchargeandproposedrevisedcharge, Design Advisory
Committee Proposed Charge Revision 10.16.24, Semiquincentennial Commission (Lex250) Charge -
Dated 11272023, S.Barry_Semiquincentennial Email_Redacted
4. Liquor License Amendment - Change of Manager- Aloft
Mr. Lucente explained that the Lixi Hospitality Lexington FB MGT, Inc., d/b/a Aloft Lexington has
submitted all the necessary paperwork needed to request a change of manager to be Jonathan Mehlmann
on their All Alcohol InnHolder Liquor License. The proposed manager, Jonathan Mehlmann, has
submitted a current Alcohol Awareness Training Certificate and the required CORI check has been
completed.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the
application from Lixi Hospitality Lexington FB MGT, Inc., d/b/a Aloft Lexington for a Change of
Manager and, once approved by the ABCC, issue the updated All Alcohol InnHolder Liquor License to
Lixi Hospitality Lexington FB MGT, Inc., d/b/a Aloft Lexington with Jonathan Mehlman named as
Manager.
DOCUMENTS: Change of Manger Application - Aloft
5. Review and Approve 5th Edition of the Tree Management Manual
Nancy Sofen, Lexington Tree Committee, explained that the Tree Committee seeks approval from the
Board for the Lexington Tree Management Manual (TMM) 5th Edition. The current manual has been
updated to reflect amendments to the Tree Bylaw and the creation of rules and regulations that support the
bylaw.
The following is a general summary of the proposed edits:
p. iv, Preface: in the second to last paragraph, describes what changes are made in this edition.
7: Figure 1 updated to accurately reflect wording of bylaw and current practice regarding how
front setback is measured
17-19: Large Shade Tree list for 4x mitigation credit updated
20: Small Tree list for planting under wires expanded
22: Invasive Tree list exempt from mitigation and prohibited from mitigation planting
p. 20 (old), 23(new) bottom, section D., corrects reference to where the Lexington Tree Inventory
can be found on the town website
36, 38-42: Updated section VIII Tree Protection During Construction
p. 63 (old), 67(new), updates Tree Committee membership to members at the time the committee
voted to approve the changes
The following items are proposed to the Tree Bylaw because of cumbersome editing issues and the Rules
and Regulations, which is an entirely new section, to facilitate reading.
64-69: Lexington Tree Bylaw updated to include 2021, 2022, 2023 and 2024 amendments.
100-116: Added Appendix XIV Lexington Tree Bylaw Rules and Regulations, including
supporting figures and documents, some of which are intentionally redundant both internally and
with the TMM edits above. This appendix is intended to be distributed as a stand-alone set of
plain-language rules pertaining to the Tree Bylaw. This section contains hyperlinks to figures and
tables within the document and to the Town website.
The Table of Contents will be amended with corrected page numbers after edits are accepted and
new page numbers are assigned.
The Tree Bylaw Rules and Regulations were developed over the past several months and have been
approved by a unanimous vote of the Tree Committee. They were sent for review to the DPW Director
and Tree Warden, Town Counsel, Building Inspector, Bylaw Enforcement Working Group, IT Director,
Planning Staff and Planning Board, Conservation Staff and Conservation Commission, Sustainability
Director and Sustainable Lexington Committee, Recreation Director and Recreation Committee.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the
5th Edition of the Tree Management Manual as proposed.
DOCUMENTS: Proposed Tree Manual 5th Edition, Proposed Tree Management Manual 5th Edition -
redlined
6. ARPA: Follow-up on Final ARPA Spending
Ms. Kosnoff explained that the Finance Department is seeking feedback and direction on the final
allocation of American Rescue Plan Act (ARPA) funds ahead of the upcoming deadline to have all funds
obligated by December 31, 2024. She noted that several bid solicitations for ARPA projects are due in the
next two weeks. A financial update and project status report will be available ahead of the Board's
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December 16 meeting and at that time staff will present a final recommendation for allocating remaining
ARPA funds based on the Board's direction from this item.
Regarding Lex250, in June 2023 the Board allocated $500,000 to the Lex250 celebration. A good amount
of the proposed expenses yet to come for Lex250 will be due to staff overtime. In order to ensure that
enough money will be available for this, a swap of ARPA funds is proposed. The request is to give the
Finance Department flexibility to move Lex250 funds between some of the buckets, to try to fully use up
the allocated $500,000.
Regarding a Zoning Impact Study, the Land Use, Housing, and Development Department has requested
$40,000 for contractual service money in order to evaluate the zoning impact of item related to the MBTA
zoning.
Finally, $396,000 for the compost pilot program needs to be absorbed into the budget and some ARPA
funds for FY26 could help to ease that impact. Also, the Town’s Health Director indicated that any
remaining ARPA funds could be used for the adult vaccine program.
Ms. Hai stated a preferred prioritization for the zoning study, the compost pilot program, and then the
vaccine program. Mr. Pato agreed.
Mr. Lucente expressed some concern with using ARPA funds toward the zoning study, as it is a newer
idea that has not yet been discussed fully. He concurs using some ARPA funding toward the compost
pilot program.
Mr. Bartha noted that the zoning study can move forward with or without the allocation from ARPA
funds. There are likely resources within the operating budget and the key is to get the funds encumbered.
Dawn McKenna, 9 Hancock Street, stated that she supports doing what needs to be done to make sure
Lex250 receives all of its allocated funds. However, the other ARPA funds should not just be used for
anything else. There are no other funds going into the Tourism Revolving Fund and this funding should
go towards the one Town organization that got hit the worst by COVID.
Bridger McGaw, Precinct 6, Vice Chair of the Economic Development Committee, and Lexington 250
Commission member stated that he believed the goal of ARPA funding was for one-off type opportunities
to improve and close down gaps in the Town’s future planning. He does not believe the proposed
composting pilot is a wise use for these funds. Encumbering the funds toward Lex250 or other travel and
tourism initiatives would be more valuable. Regarding the MBTA Communities Act, he urged the Board
to prioritize the zoning study.
Lin Jensen, Precinct 8 and member of Sustainable Lexington Committee, stated that she supports the
Lex250 initiative. She also supports the compost pilot program funding. She agrees that the zoning study
should be completed but it appears there are other funding sources that could be used. Mr. Bartha
explained that the amount of time it will take to do the study is not impacted by the funding source. The
estimated timeline to complete the work is roughly eight weeks from the time that a contract is signed.
Ms. Kosnoff stated that she would present any additional updates from the Senior Management team and
any other changes to the Board at its next meeting.
DOCUMENTS: ARPA Update_FinalAllcation_12.9
7. Acceptance of Modified Turnaround Easement for 32 Brookside Avenue (formerly 10 Stedman
Road).
Mr. Lucente explained that the modification was reviewed by Town Counsel and the proposed document
contains all suggestions made by Town Counsel.
Attorney Fred Gilgun behalf of Homes Development explained that this easement that was negotiated in
agreement by himself and Town Counsel.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to accept the
easement amendment for 32 Brookside Ave.
DOCUMENTS: Exhibit – recorded, Exhibit approved pavement, Staff memo- 32 Brookside, Exhibit-
First amendment of easement
ADJOURN
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to adjourn at
8:12pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary