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Home My WebLink About2025-12-08 SB-minSELECT BOARD MEETING Monday, December 8, 2025 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, December 8, 2025, via a hybrid meeting platform. Ms. Hair, Chair; Mr. Lucente, Mr. Pato, and Mr. Sandeen were present, as well as Mr. Bartha, Town Manager; Deputy Town Manager, Ms. Axtell; and Executive Clerk, Ms. Katzenback. PUBLIC COMMENTS Dawn McKenna, 9 Hancock Street, stated that there was a scary accident at the rotary in front of her house about two weeks ago. Cars started going backwards around the rotary prior to the police arriving. She asked for an evaluation of the rotary. She noted that there is technology underground the rotary that tracks things traveling above it and she was never informed of this. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Mr. Lucente requested a future agenda item regarding the vote today. DOCUMENTS: 12082025_Select Board Announcements and Liaison Reports 2. Lexington High School Project Update to Select Board Nothing additional to report at this time. TOWN MANAGER REPORT 1. Town Manager Weekly Update Nothing additional to report at this time. CONSENT AGENDA 1. Approve: Battle Green Use Request - Lexington History Museums Historical Reenactment of Lexington Tea Party - Saturday, December 13, 2025 To approve the request of the Lexington History Museums, in collaboration with Lexington Minute Men, to use the Battle Green on Saturday, December 13, 2025 from 12:00pm to 1:30pm for the Lexington Minute Men to perform a musket drill, as well as perform marching and other demonstrations on the Common. DOCUMENTS: Tea Burning Diagram 2. Accept: Select Board Committee Resignation Housing Partnership Board - Charles Hornig Transportation Advisory Committee - Nisahnth Veeragandham Vision for Lexington - Daniel Joyner To accept the resignation of Charles Hornig from the Hanscom Area Town Committee & the Housing Partnership Board, effective immediately. To accept the resignation of Nisahnth Veeragandham from the Transportation Advisory Committee & Daniel Joyner from the Vision for Lexington Committee, effective immediately. DOCUMENTS: 2025.11.21 Charles Hornig - Hanscom Area Towns Committee; 2025.11.21 Charles Hornig - Housing Partnership Board; 2025.12.02 Daniel Joyner - Vision for Lexington; 2025.11.13 Nisahnth Veeragandham - Transportation Advisory Committee 3. Approve: Select Board Committee Appointments Housing Partnership Board - Sandra Hackman Housing Partnership Board - Michael Schanbacher To appoint Sandra Hackman to the Housing Partnership Board to fill a term ending on September 30, 2028, effective immediately. To appoint Michael Schanbacher to the Housing Partnership Board to fill the term ending on September 30, 2027, effective immediately. DOCUMENTS: HPB Feedback – Hackman; COA Nomination – Hackman; Planning Board Recommendation - M. Schanbacher 4. Approve: Town Manager Committee Appointment Conservation Commission - Thomas Oliver To confirm the Town Manager's appointment of Thomas Oliver to the Conservation Commission with a term set to expire March 31, 2028. DOCUMENTS: T. Oliver 5. Approve: 2026 Common Victualler License Renewals To approve the 2026 Annual Common Victualler License Renewals for the following businesses: Akame Nigiri and Sake - 1707 Massachusetts Avenue #2 Alexander's Pizza - 180 Bedford Street Aloft Hotel - 727 Marrett Road Beijing Chinese Dining - 1709 Massachusetts Ave Bruegger's Bagels - 413 Waltham Street Clay Oven Indian Restaurant - 1666 Massachusetts Avenue Coco Fresh Tea and Juice - 1764 Massachusetts Avenue Craft Food Hall - 10 Maguire Road Dunkin Donuts -10 Woburn Street Dunkin Donuts - 141 Massachusetts Avenue Dunkin Donuts - 277 Bedford Street Element Hotel - 727 Marrett Road Fiorella's Trattoria - 25 Waltham Street il Casale - 1727 Massachusetts Avenue Inn at Hastings Park - 2013-2027 Massachusetts Avenue Inspire Bowl n Tea - 1686 Massachusetts Avenue Fruitee Yogurt - 1707 Massachusetts Avenue Lexington Golf Club - 55 Hill Street Love at First Bite Thai Kitchen - 1710 Massachusetts Avenue Mario's Italian Restaurant - 1733 Massachusetts Avenue McDonald's - 690 Marrett Road Pine Meadows Golf Club - 255 Cedar Street Post 1917 - 27 Waltham Street 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 Royal India Bistro - 7 Meriam Street Starbucks #7553 - 60 Bedford Street Taipei Gourmet - 211 Massachusetts Avenue Tatte Bakery & Cake - 1777 Massachusetts Avenue The Hangar (Chef Louie's) - 103 Hartwell Ave The Upper Crust - 41 Waltham Street The Vintage Tea and Cake Company - 21 Muzzey Street Wicked Bagel - 171 Massachusetts Avenue 6. Approve: 2026 Entertainment License Renewals To approve the 2026 Annual Entertainment License Renewals for the following businesses: Aloft Hotel - 727 Marrett Road Beijing Chinese Dining - 1709 Massachusetts Avenue Clay Oven Indian Restaurant - 1666 Massachusetts Avenue Element Hotel - 727 Marrett Road Il Casale - 1727 Massachusetts Avenue Inn at Hastings Park - 2013-2027 Massachusetts Avenue Love at First Bite Thai Kitchen - 1710 Massachusetts Avenue Post 1917 - 27 Waltham Street Revolution Hall - 3 Maguire Road Spirit of India - 321 Marrett Road Starbucks #7553 - 60 Bedford Street Thai Room - 182 Bedford Street The Upper Crust - 41 Waltham Street 7. Approve: 2026 Class I/II/III License Renewals To approve the 2026 Annual Class I/II/III License Renewals for the following businesses: Class I: Lexington Toyota - 409 Massachusetts Avenue Class II: A to Z Auto Wholesale - 20 Vine Street Auto and Diesel Sales - 75 Westview Street Auto Engineering - 436 Marrett Road Lexington Auto Center, Inc. - 1095 Massachusetts Avenue Lexington Auto Service, Inc. - 39 Bedford Street Mabuchi Motorcars - 401 Lowell Street Minutemen Auto Haus - 6 Fulton Road Class III: John P. Carroll Company Inc. - 700 Waltham Street 8. Approve: 2026 Common Carrier License Renewal Boston Hidden Gems, Inc - 21 Cawfield Street, Boston MA To approve the 2026 Annual Common Carrier License Renewals for Boston Hidden Gems, Inc to provide bus tours through Lexington. 9. Approve: 2026 Innholder License Renewals To approve the 2025 Annual Innholder License Renewals for the following businesses: Aloft Lexington - 727 Marrett Road A Element Lexington - 727 Marrett Road B Inn at Hastings Park - 2013-2027 Massachusetts Avenue 10. Approve: 2026 Liquor License Renewals To approve 2026 Liquor License Renewals for the following: All Alcohol Restaurants Beijing Cuisine - 1709 Massachusetts Avenue Clay Oven - 1666 Massachusetts Avenue Il Casale - 1727 Massachusetts Avenue Ixtapa Cantina - 177 Massachusetts Avenue Love at First Bite - 1710 Massachusetts Avenue Post 1917 - 27 Waltham Street Revolution Hall - 3 Maguire Road Royal India - 7 Meriam Street All Alcohol Innholder Aloft Hotel - 727 Marrett Road – A Element Hotel - 727 Marrett Road – B Inn at Hastings Park - 2013-2027 Massachusetts Avenue Wine/Malt Restaurants Akame Nigiri & Sake - 1707 Mass Ave Unit 2 Daikanyama - 43 Waltham Street Fiorellas - 25 Waltham Street Marios 1733 Mass Ave Taipei Gourmet - 211 Mass Ave Upper Crust - 41 Waltham Street The Vintage Tea and Cake Company - 21 Muzzey Street Package Stores Berman’s - 55 Massachusetts Ave Lexington Wine & Spirits - 186 Bedford Street, unit Liberty Wine and Spirits - 335 Woburn Street Vinebrook Bottle - 131 Massachusetts Ave Neillio's - 55 Bedford Street Clubs Lexington Golf Club - 55 Hill Street Lexington Elks - 959 Waltham Street Knights of Columbus - 177 Bedford Street 11. Approve: Tax Bill Insert - Senior Tax Deferral Program To approve the attached Senior Tax Deferral information slip and add to the FY2026 third quarter tax bill mailing. DOCUMENTS: FY 2026 Tax Deferral Insert VOTE: Upon motion duly made and seconded, the Select Board voted 4-0 to approve the Consent Agenda, as presented. The Board recognized Ms. Kowalski. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Presentation: Nexus Study Non-Residential Development Surcharge for Affordable Housing Ms. Hai explained that on December 30, 2024, the State legislature enacted the Town's petition to impose a surcharge on commercial development activities over 30,000 s.f. for the purpose of funding community housing. This is pursuant to Article 36 of the 2021 Annual Town Meeting vote. As part of that a Nexus Study was required within 12 months of passage, in order to set the surcharge fee. Karl Seidman, Seidman Consulting, made a presentation on the Nexus Study. He explained that Lexington has approximately 2.3 million s.f. of office space, about 14% of which is vacant. This has declined over the last decade or so. There is an inventory of lab space in Town of approximately 2.8 million s.f., and this has increased by over 1.2 million s.f. in the last decade. There is a large amount of available space, approximately 638,000 s.f. A big part of that is due to the new economic growth development on Bedford Street. The projected development for the next ten years is approximately 486,000 s.f. of new space. This assumes that the market picks up and the existing space gets absorbed. The study reviewed how much demand for affordable housing the employment growth would generate. The demand was calculated to 131 new units of housing. For 131 units, the total development costs were estimated at $652,855. Given current market conditions and the difficult development environment, Lexington is unlikely to see new non-residential development and revenue from a new housing contribution for some time. Consequently, it should consider deferring implementation of a housing contribution, either by approving the fee and deferring its application or taking no action and reconsidering establishing a fee when market conditions improve. If and when Lexington establishes a housing contribution, a rate between $4.50 and $9.50 is recommended, which is unlikely to deter new non-residential development. Other policies and administrative recommendations for a housing contribution are: Set the project size threshold at 30,000 SF; Apply the housing contribution to all non-residential uses without an exemption; Establish a uniform fee across uses and for all areas within Lexington; Require payment of the one-time fee collected in two installments with the first (50%) payment at the time of the certificate of occupancy and the balance paid at its one-year anniversary; Adjust the fee annually based on either the Boston CPI or a construction cost index; and Review and reset the fee every 5 to 7 years based on changes in market conditions and the expected level and type of non-residential development. There is interest on the Board in hearing from the Housing Partnership Board, the Affordable Housing Trust, and other stakeholders on this study before making any decisions. Mr. Sandeen stated that he would recommend going on the higher end of the range and considering an effective date of about a year from now. Mr. Pato stated that he would recommend the maximum amount for now, noting that the intention is to set a charge in the future. Mr. Lucente stated that he is not comfortable making a decision on this item this evening. He asked about the cost and funding mechanism to conduct this study process each time it is needed, every five years. It was noted that the cost was approximately $54,000. Ms. Hai suggested setting a rate this evening. She stated that additional decisions will need to be made and she would like to set a deadline to hear input from partner agencies. The rate could then be reset, if needed. Sandya Iyer, Economic Development Director, agreed that having as much clarity as possible is helpful. Elaine Tung, Affordable Housing Trust Chair, stated that the Trust is always seeking new sources of funding. The primary funding source for Massachusetts affordable housing trusts are Community Preservation or CPA funds. Aside from Town appropriations, other sources of funding would be developer negotiated fees, payments in lieu, grants, real estate transfer fees,and linkage fees. The Trust worked very hard to advocate for the passage of these particular linkage fees. The Trust has not had an opportunity to review and discuss this report. Matt Daggett, Precinct 2 Town Meeting Member, noted that there was a list of the other communities that have commercial linkage fees in the presentation. Everett established their rate in 2021 but received their home rule authority in 2016 and put off setting a rate for years and years, potentially missing out on significant amounts of housing mitigation. Bridger McGaw, Precinct 6 Town Meeting Member, stated that he helped develop and manage 850,000 s.f. of commercial and retail space in Watertown for a decade. The challenges associated with much of the budgeting and coordination with the Town are around consistency and transparency. It is helpful to set rates that are knowable sooner and knowable for a longer period of time. He suggested setting the rate to go into effect with the Town’s fiscal year. Jay Luker, Precinct 1 Town Meeting Member, stated that one thing he does not like about the Nexus Studies and commercial linkage fees, is that they treat the shortage of affordable housing as a natural phenomenon that is out of anyone’s control, instead of something that is the result of housing policies. Linkage studies are a solution to a problem that is caused by the roadblocks which are put in front of housing production. There was agreement to hold a vote on this item until January 5, 2026, in order to hear input from partnering organizations. DOCUMENTS: Nexus Study Presentation; Nexus Study Report 2. Application: Liquor License Change of Manager Amendment - Fiorella's Lexington LLC Ms. Hai stated that Fiorella’s Lexington LLC d/b/a Fiorella’s has submitted all the necessary paperwork needed to request a change of manager to be Donald Johnson on their Wine and Malt Common Victualler Liquor License. The proposed manager, Donald Johnson, 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 approve the application from Fiorella’s Lexington LLC d/b/a Fiorella’s for a Change of Manager and, once approved by the ABCC, issue an updated Wine and Malt Common Victualler Liquor License to Fiorella’s Lexington LLC d/b/a Fiorella’s for a Change of Manager, with Donald Johnson named as Manager. DOCUMENTS: Fiorellas Change of Manager Application 3. Status: Article 97 Filing for Lexington High School Project Mr. Bartha stated that, on November 3rd, prior to STM 2025-2, the Select Board voted 5-0 in favor of Article 9 (home rule legislation for Article 97), which then passed with over 90% support from Town Meeting. Although it is arguable that the November 3rd Select Board vote to authorize home rule legislation already satisfies the requirements laid out in Article 97 guidance issued by the Executive Office of Environmental Affairs (EOEA) in 1998, counsel is recommending that the November 3rd vote be reaffirmed tonight to make clear the town's intent as the process moves forward. Mr. Lucente stated that this is an important vote and one Board member is missing this evening. Ms. Hai stated that she spoke with Board Member Kumar today who voiced her acceptance with the Board affirming the vote this evening. The Board agreed to add this to the agenda for the next meeting. Dawn McKenna thanked the Board for pausing on this vote. She urged the Board to remember that the community will react to whatever vote the Board takes. Some in the community believe they have not been listened to on this project. Ms. Hai noted that the only item that will be voted on is the confirmation of a unanimous vote taken at the November 3rd Town Meeting. DOCUMENTS: Memo on Status of Article 97; Select Board Statement at STM on Article 97 ADJOURN VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to adjourn at 8:08p.m. A true record; Attest: Kristan Patenaude Recording Secretary