COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss.
ZONING BOARD OF APPEALS
ARLINGTON, MASSACHUSETTS
IN THE MATTER OF
799-801 Mass. Ave.
Arlington, Massachusetts
DOCKET NO. 3188
WinLake II, Inc. d/b/a Curves for Women
Petitioner
HEARING ON SPECIAL PERMIT: October 8, 2002
DECISION: October 25, 2002
DECISION OF THE BOARD
Members present:
Joseph Tulimieri, chairperson
Patrick D. Dignan
Susan M. McShane, Esquire
OPINION OF BOARD
The petitioner, WinLake II, Inc. d/b/a Curves for Women, accompanied by Joseph M. Fahey, Esquire, requested a special permit granted under Section 5.04, Paragraph 4.10 of the Zoning By-Law for the Town of Arlington on October 8, 2002. The special permit requested a change of conditions to allow use at the premises at 799-80 1 Massachusetts Avenue as a health club.
Statutory notice was given and a hearing was held on October 8, 2002. The Board considered the following:
1) Petitioner’s original petition;
2) Petitioner’s testimony;
3) Petitioner’s plan; and photographs, and
4) The report of the Department of Planning and Community Development. Other than the petitioner, no testimony was presented.
FINDINGS OF FACT
1. The use requested is in the Table of Use Regulations and is a use which requires a special permit. The land in question is presently zoned for B 1-Business and the Table of use Regulations contained in the Zoning By Law requires a Special Permit for business and professional use under Section 5.04, Paragraph 4.10.
2. The use requested is essential or desirable to the public convenience or welfare, because business and uses including health clubs support area consumers as well as the public in general.
3. The requested use will not create undue traffic congestion, or unduly impair pedestrian safety since the majority of activity associated with the use will take place during normal business hours. The use proposed is appropriate for the location and will enhance the district.
4. The requested use will not overload any public water, drainage or sewer system or any other municipal system.
5. Article 11 does not apply.
6. The requested use will not impair the integrity or the character of the district since the proposed use is appropriate for the business district. The requested use will improve the character of the district.
7. The requested use will not by its addition to the neighborhood, cause an excess of that particular use since there are not other business uses offering similar services to the public in the immediate vicinity.
DECISION OF THE BOARD
The Board voted unanimously to grant the special permit requested. The petitioner is reminded that any building or window signage requires a signed permit issued by the Inspector of Buildings and reviewed by the Department of Planning and Community Development.
Joseph Tulimieri, chairperson
Patrick D. Dignan
Susan M. McShane, Esquire
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