In this case, brought pursuant to G. L. c. 40A, § 17, Plaintiff challenges a decision of the Town of Chilmarks Zoning Board of Appeals (Board), in which it upheld an action of the Chilmark Building Inspector. The dispute began when Jacqueline Carlin requested that the Building Inspector enforce a provision of the Chilmark Zoning Bylaw (Bylaw) against Edwin C. Cohen, the then-owner of property at 125 East Lane in Chilmark (Defendants Property). In her request to the Building Inspector, Ms. Carlin alleged that Defendants Property was in violation of the frontage requirement of the Bylaw and requested that the Building Inspector revoke the building permit issued for Defendants Property, permitting Mr. Cohen to build a single-family residence. The Building Inspector failed to act on the request and Ms. Carlin appealed to the Board.
A decision of todays date has issued holding that, in accordance with Gallivan v. Zoning Bd. of Appeals of Wellesley, 71 Mass. App. Ct. 850 (2008), Plaintiff is barred from pursuing this appeal since Ms. Carlin had constructive notice of the issuance of the Building Permit and failed to timely appeal. In accordance with that decision it hereby is
ADJUDGED and ORDERED that Plaintiffs complaint hereby is dismissed.
By the court. (Scheier, C.J.)
[Note 1] John W. Richardson, Trustee, has been substituted for Jacqueline Carlin.
[Note 2] Fools High Tide LLC, has been substituted for Edwin C. Cohen