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HomeMy WebLinkAbout2025-12-15 SB-minSELECT BOARD MEETING Monday, December 15, 2025 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, December 15, 2025, via a hybrid meeting platform. Ms. Hair, Chair; Mr. Lucente, Mr. Pato, Ms. Kumar, and Mr. Sandeen were present, as well as Mr. Bartha, Town Manager; Deputy Town Manager, Ms. Axtell; and Executive Clerk, Ms. Katzenback. CONSENT AGENDA 1.Approve: 2026 Common Victualler License Renewals To approve the 2026 Annual Common Victualler License Renewals for the following businesses: Avenue Deli - 1806 Massachusetts Avenue Daikanyama Japanese Cuisine - 43 Waltham Street Galaray House - 1720 Massachusetts Avenue Ixtapa Cantina - 177 Massachusetts Avenue Knights of Columbus Members Association Inc - 177 Bedford Street Lexington Elks Club #2204 - 959 Waltham Street Lexington House of Pizza - 399 Lowell Street Mike & Patty’s Breakfast & Sandwiches - 317 Woburn Street Nick's Restaurant of Lexington Inc. - 197 Massachusetts Avenue Peet's Coffee & Tea - 1749 Massachusetts A venue Spirit of India - 321 Marrett Road 2.Approve: 2026 Automatic Amusement Devise License Renewals To approve the 2026 Annual Automatic Amusement Device License Renewals for the following businesses: Lexington- Lodge #2204 (Golden Tee Golf) - 959 Waltham Street Lexington- Lodge #2204 (Jukebox) - 959 Waltham Street 3. Approve: 2026 Class II License Renewal To approve the 2026 Annual Class II License Renewal for the following business: Lexington Auto Sales - 542 Massachusetts Avenue 4. Approve: 2026 Liquor License Renewal Package Store To approve 2026 Liquor License Renewal for the following: Nick's Wine and Spirits - 1666 Massachusetts Avenue, Unit H 5. Approve: Town Manager Committee Appointment Conservation Commission Associate Member - Thomas Olivier To confirm the Town Manager's appointment of Thomas Olivier as an Associate Member to the Conservation Commission with a term set to expire March 31, 2028. DOCUMENTS: Application 6. Approve: Water & Sewer Commitments To approve the consent. DOCUMENTS: SB Meeting WS items 7. Approve: Select Board and Town Manager Goals for FY2026-27 To confirm the Select Board FY2026 - FY2027 Goals and publish to the Select Board webpage. DOCUMENTS: FY 2026-2027 Goals 8. Approve Application: Liquor License Change of Manager Amendment – Beijing Cuisine To approve the application from Gl Gourmet Group Inc d/b/a Beijing Cuisine for a Change of Manager and, once approved by the ABCC, issue an updated All Alcohol Common Victualler Liquor License to Gl Gourmet Group Inc d/b/a Beijing Cuisine for a Change of Manager, with Xiaofeng Cheng named as Manager. DOCUMENTS: Application - Beijing Change of Manager VOTE: Upon motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the Consent Agenda, as presented. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Civic Academy Graduation Abe Fofanah, Management Fellow reviewed the Lexington Civic Academy, now in its 16th session. At Lexington Civic Academy, residents met for 12 weeks to learn about local government, specifically, the role each department plays in serving the public. The goal of the program is citizen engagement, and the program is designed to connect residents with the Select Board and Town staff, as well as encouraging participation on Town committees/boards and as Town Meeting Members. Sinan Bruce spoke on behalf of the Civic Academy graduates. 1. Kseniya Ausiaikova 2. Jim Baldwin 3. Sinan Bruce 4. Sophia De Freitas 5. Sandra Galejs 6. Anagha Kelkar 7. Meghana Khanolkar 8. Dya Levitt 9. Rositza Rachev 10. Kala Ramachandra 11. Stephanie Repaci 12. Eileen Schneider 13. Seth Werfel 14. Catherine Yan DOCUMENTS: Civic Academy December 2025 Participant List 2. Presentations: Proposed 2026 Annual Town Meeting Articles Commission on Disabilities - Universal Design Resolution Victoria Buckley, Commission on Disabilities, presented the Universal Design Resolution for the Board's consideration for inclusion on the 2026 Annual Town Meeting warrant. She explained that Universal Design is an inclusive design philosophy aiming to create products, services and environments accessible and usable by as many people as possible, regardless of their age, ability or status in life. This approach seeks to create solutions that meet the needs of people with diverse abilities, and it advocates for the inclusions of these considerations in the earliest stages of design. Mr. Sandeen asked about next steps if this Resolution were to pass. Ms. Buckley explained that the group has been discussing with the Building Commissioner ideas to encourage builders to come in and get more points by including a Universal Design. This will be particularly important for aging in place. The Board was supportive of moving this item to the Warrant. Vision for Lexington Funding for RFP for Town - Wide Survey Sara del Nido Budish and Tom Lin, Vision for Lexington, presented their Town-wide survey Article for the Board's consideration for inclusion on the 2026 Annual Town Meeting warrant. Mr. Lucente asked about the scope changes in this survey from the last iteration. Ms. del Nido Budish stated that consistency in some of the questions is valued. There will likely be some modifications made to some recent changes in Town. Suggested scope changes are welcome. Mr. Lucente asked about the resources for this item. Mr. Bartha stated that this could be worked into the financing plan. The Board was supportive of moving this item to the Warrant. DOCUMENTS: Universal Design ATM, Town -wide survey. Vision for Lexington article, Vision for Lexington slidedeck, 2022 Town Wide Survey Report 3. Discussion: Town Manager Performance Evaluation The Select Board conducted its annual review of the Town Manager Steve Bartha's performance. Individual Board member evaluations have been collected and consolidated into a summarized report for discussion. The Board reviewed the consolidated evaluation, discussed key performance themes, and considered areas for refinement or clarification. It was noted that Ms. Kumar’s comments would be added to the review for approval during the Consent Agenda of January 5th. DOCUMENTS: Draft Town Manager Performance Evaluation 4. Discussion: Generate List of Decision Points for Non-Residential Development Surcharge for Affordable Housing Ms. Hai stated that, at its December 8, 2025 meeting, the Select Board received a presentation on the Non-Residential Development Nexus Study for affordable housing. Following the presentation, the Board agreed that it would be useful to compile a list of decision points that will be required. The Board will now identify, refine, and expand the full set of decision points that will guide future consideration of whether and how to implement a non-residential development surcharge to support affordable housing. Mr. Lucente stated that he would like to discuss when the surcharge begins to apply and what happens with projects that are already in the pipeline. Also,the calculation for excess gross floor area is somewhat discretionary. Some type of an appeal process may need to be considered further. He suggested indicating the funding mechanism for the reporting of this item. An additional item would be a guidepost on the frequency of revisiting this item. Mr. Pato requested timelines for when the rate will be reset. Also, a statement of intent should be contained within the policy and regulation. Mr. Sandeen noted that it is important for all of the draft bullet points to be aligned with the legislation. Mr. Bartha stated that staff would work to draft something based on the comments heard this evening. 5. Vote: Article 97 Filing for High School Project Ms. Hail 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. On December 8, Lexingtonians then voted in favor of the LHS debt exclusion with 62% support. 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, Town Counsel is recommending that the November 3rd vote be reaffirmed tonight as a standalone item not connected to a Town Meeting article in order to make clear the Town's intent as the process moves forward. VOTE: Upon motion duly made and seconded, the Select Board voted by roll call 5-0 that the Board affirm its desire, as expressed at the November 3, 2025, Special Town Meeting, to petition the General Court to enact special legislation pursuant to Article 97 of the Massachusetts Constitution, in substantially the form authorized by Town Meeting, to authorize the transfer of the Center Athletic Field Parcels currently under the care, custody, management and control of the Select Board to the School Committee for school purposes and to authorize the Legislature to make changes to the text of such legislation as is consistent, subject to approval of such changes by the Town Manager. DOCUMENTS: Select Board Statement from STM on Art. 97, Memo on Status of Article 97 (from 12.8 LSB Mtg) 6. Approve: Reversal of Liquor License and Adjust Liquor License Renewal – Whiskey and Wine, 55 Bedford Street Ms. Hai explained that the previously submitted application to transfer the All-Alcohol Package Store License at 55 Bedford Street, can no longer proceed. The parties to the Purchase and Sale (P&S) Agreement have not completed the transaction, requiring the seller to retain the existing license and request withdrawal of the pending transfer application. As required by the ABCC, a letter signed by both the seller and buyer, has been submitted stating that the P&S agreement has been terminated and both parties request that the transfer application be withdrawn and the license be reverted to the original owner. VOTE: Upon motion duly made and seconded, the Select Board voted by roll call 5-0 to 1. Authorize withdrawal of the transfer application with the ABCC 2. Revert the All-Alcohol Package Store License at 55 Bedford Street to the original owner, d/b/a Whiskey and Wine, due to the non-completion of the P&S agreement and 3. Approve the 2026 liquor license renewal in the original owner's name, d/b/a Whiskey and Wine, as part of this reversion DOCUMENTS: Signed Letter of request for reversal of Liquor License 55 Bedford Street, Internal Memo to Board - Situation Overview Mr. Pato reflected on the recent passing of Narain Bhatia, a very dedicated pillar of the community and a staunch advocate for the Indian American community in Lexington. There will be a community celebration of life on Saturday the 20th from 1pm-3pm at First Parish Church. There is an open invitation to all who feel the opportunity to come and recognize his wonderful contributions. ADJOURN VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted by roll call 5-0 to adjourn at 7:39 p.m. A true record; Attest: Kristan Patenaude Recording Secretary