EUGENE REZNIK v. WENDY KAPLAN ARMOUR, MARC MARGUILIES, WINIFRED LI, PETER KNIGHT, JANE CARLSON and ELIZABETH MUNRO, as they are members of the TOWN OF WESTON ZONING BOARD OF APPEALS, MJN CONSTRUCTION LLC and JONATHAN WHITE, as trustee of 144 BEAVER ROAD TRUST

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 Reznik’s appeal of the Weston building inspector’s refusal of his request to enforce the Town of Weston’s 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 court’s 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 inspector’s denial. Accordingly, the plaintiff’s appeal from the March 10, 2008 decision of the board is DISMISSED in its entirety, with prejudice, and the board’s decision is AFFIRMED.

SO ORDERED.

By the court (Long, J.)