Select Board warns The Woods’ lease may be ended

The Select Board is again threatening to terminate the lease for the proposed Woods restaurant at the Josiah Smith Tavern.

In an Oct. 8 letter, the Board issued its second ultimatum of the year to restaurateur Brian Piccini and the Friends of the Josiah Smith Tavern. 

The Board said because the restaurant is not open and they were not paying rent a year after the liquor license had been issued, the Friends and Piccini are in breach of the master lease agreement. The Board added that the new agreement had to be signed by Oct. 15 to continue lease negotiations or it might enforce the current agreement, including seeking monies due and terminating the lease.

Chair John McDonald said while the Board is prepared to step away from The Woods altogether, he believes it is still possible to come to an agreement.

Jay Valenta, president of the Friends, said the group did not sign the agreement and instead outlined what changes needed to be made for Piccini and the Friends to move forward. The Board’s demands include the creation of a $1 million escrow fund within 30 days of signature and an agreement that if deadlines are not met, the town will be able to seek an immediate termination of the contract, according to the letter.

Valenta said the demands, which include setting up the escrow account before the sublease is amended, were unreasonable and the way they were presented is getting in the way of the project’s progress.

“I think what we’re seeing is an attempt to address things. I think they want to go forward, but what’s happening right now is not effective and is not productive,” Valenta said. “I think there is a majority of the Select Board who wants this to happen.”

The main concern that Piccini and Valenta have with the proposal is the timing. Piccini agreed to fund the escrow account, but he and Valenta took issue with the requirement that this be done before a new lease is signed. Valenta also said he was uncomfortable with the proposed disbursement process, which would require the town’s building inspector to verify construction progress and spending instead of a third party.

McDonald said the Oct. 8 agreement’s main focus was to ensure the town’s assets are protected by guaranteeing Piccini has the money for the project.

“As you can see from the letter, they are in breach of the lease, and we’re offering them an opportunity to agree to the things in that proposal, in which case then we can move ahead,” McDonald said. “That is all to protect the interests of the town.”

Weston has been trying to fill the space at the Josiah Smith Tavern for over a decade. The project began with an extensive exterior rehabilitation in 2009, according to documents on the town website. A restaurant was first suggested in 2012. The Select Board chose the Friends to manage the project in 2016, and Piccini’s bid was accepted in 2023.

This is the second ultimatum that the Select Board has presented to the group this year. In June, it demanded a number of items, including an updated timeline and construction documents. Piccini responded with updated information that the Board deemed adequate. He also asked to amend the sublease agreement with his limited liability company, BUWest, to extend the period of free rent that was first granted to help balance the financial volatility of a restaurant.

The original lease, which was signed in March 2024, said Piccini would need to begin paying rent a year after the liquor license was issued that same month. In the Oct. 8 letter, the Select Board offered up to nine months of free rent, starting once the agreement was executed.

After three months of free rent were granted, another three would be guaranteed if construction had begun. A final three months would be granted if the project completed half of its construction – based on a schedule created by Piccini and approved by the building inspector.

Even if the project milestones were set by Piccini, Valenta said unexpected delays, such as weather, could happen and the agreement should include a grace period instead of allowing the town to immediately withdraw.

“There’s no concern or fear [about not meeting milestones], but it’s a typical provision that would be around the lease,” Valenta said. 

Since the beginning of June, the Select Board has met six times to discuss the tavern in executive session, which the public cannot attend and to which neither Piccini nor the Friends have been privy. McDonald said this is the norm.

Despite the project’s length and disagreements with the town, Piccini said he is still eager to move forward with The Woods.

“I think there’s a lot of semantics to go through, but we’ve gotten earlier approvals and we’re ready to go,” he said. “I can appreciate everybody’s attention to detail. I see the town trying to protect their historic asset, which I respect…I’m chomping at the bit like a horse at a race.”