JEREMIAH SILBERT and CYNTHIA SILBERT v. ENID STARR, JESSIE GELLER, ROBERT DEVRIES, MURRAY SHOCKET, KATHYRN R. HAM, ANNA CHRISTINA WOLFE, JONATHAN BOOK, and MARK ALLEN, as they are members of the TOWN OF BROOKLINE BOARD OF APPEALS

This case arises out of Plaintiffs’ Jeremiah and Cynthia Silbert (“the Silberts”) appeal from the decision of the Defendants, Town of Brookline Board of Appeals (“the Town”), denying their application for Special Permits to validate the existing floor area ratio of their single family residence located at 106 Spooner Road. Alternatively, Plaintiffs seek declaratory relief to determine whether the current floor area ratio of their property conforms to the Town of Brookline Zoning Bylaws (the “Bylaws”), specifically, whether past attic and/or basement renovations that resulted in an increase in gross habitable area were permissible as-of-right.

The Silberts filed their complaint on December 28, 2007. The Town filed a Motion for Summary Judgment on February 16, 2010, along with a supporting brief, a statement of material facts and an appendix. The Silberts filed their Opposition to Motion for Summary Judgment on April 12, 2010 with a supporting memorandum and the affidavit of Jeremiah Silbert. The Town filed their Reply on May 7, 2010, along with a Motion to Strike Portions of the Affidavit of Jeremiah Silbert, the Affidavit of Building Commissioner Michael Shepard, and supporting exhibits . Defendants’ Motion for Summary Judgment was argued and taken under advisement on May 18, 2010.

After a careful consideration of all the evidence, the Court issued a decision today upholding the decision of the Town of Brookline Board of Appeals, denying the Plaintiffs petition for relief. Summary Judgment must be granted for the Defendants.

In accordance with that Decision, it is hereby

ADJUDGED and ORDERED that the Defendant’s Motion for Summary Judgment is ALLOWED;

ADJUDGED and ORDERED that the decision of the Town of Brookline Board of Appeals is AFFIRMED.

By the Court (Trombly, J.)