This case is a G.L. c. 40A, § 17 appeal from a decision by defendant Weston Zoning Board of Appeals (the board) denying as untimely plaintiff Eugene Rezniks appeal of the Weston building inspectors refusal of his request to enforce the Town of Westons Zoning By-law §§ V.B.1.a and V.B.2.d concerning the residential gross floor area of a recently constructed house at 144 Beaver Road owned by defendants MJN Construction LLC (MJN) and/or Jonathan White as trustee of the 144 Beaver Road Trust (the trust). [Note 1] All parties have cross-moved for a judgment on the pleadings. The essential facts are undisputed.
For the reasons set forth in the courts Memorandum and Order on the Parties Cross-Motions for Judgment on the Pleadings of this date, I find and rule that the plaintiff failed to timely appeal the building inspectors denial. Accordingly, the plaintiffs appeal from the March 10, 2008 decision of the board is DISMISSED in its entirety, with prejudice, and the boards decision is AFFIRMED.
By the court (Long, J.)
[Note 1] The trust is the owner of the property. MJN, as agent for the trust, was the building permit applicant.