Sherborn board approves temporary variance so Frosty's can open while ADA bathroom is installed

The Sherborn Board of Health voted to approve a 2026 food‑establishment permit for the Kaye Brothers doing business as CNL Frosties and attached a temporary variance to plumbing/ADA requirements through May 2026.

During a detailed presentation, Elias Tembelopoulos and Kenneth, representing the applicant, outlined a revised design that locates the ADA customer bathroom inside the dining room adjacent to an existing mechanical room. Elias said the interior location avoids extensive exterior excavation and “customers would no longer have to leave the building to actually access the bathroom.” Board members pressed the applicants on egress and on whether construction could proceed while the business operated; applicants said they would provide plans and check with the plumbing and building inspectors.

Chair moved to approve the food‑establishment and frozen‑dessert permits with a variance to the relevant food/plumbing code through May 31, 2026. The motion included several conditions: applicants must submit a construction mitigation plan (dust and pest control) before work proceeds if they operate during construction; owners must provide progress updates timed to the board’s March, April and May meeting cycles; and the variance is non‑transferable and requires the applicant to return for an extension if the deadline is not met. The motion passed by roll call: Daryl Beardsley, Steve Constantine, Julie Dreyfus and Diana Hook voted aye; Rebecca Honeywell abstained.

The board’s decision allows Frosty’s to open on schedule while keeping regulatory leverage to ensure timely completion of the required ADA accommodations. Staff will post the variance conditions and follow the monthly update schedule.