MICHAEL SWEENEY and MARILYN SWEENEY vs. JAMES FAULKNER, EDUARDO PONTORIERO, OWEN NEVILLE, JOHN MARKIEWICZ, and NANCY FILLMORE, as members of the BOXBOROUGH PLANNING BOARD, FLAGG HILL ROAD, LLC, DOUGLAS V. TREFRY, and HARVEY W. TREFRY.

Plaintiffs Michael Sweeney (“Michael”) and Marilyn Sweeney (together, “Plaintiffs”) filed their unverified Complaint (the “Complaint”) on October 15, 2013, pursuant to G. L. c. 40A, § 17, appealing a decision (the “Planning Board Decision”) of Defendant Boxborough Planning Board (the “Planning Board”) which approved a Common Driveway Special Permit (the “Special Permit”) with respect to a common driveway to serve three proposed single family house lots (the “Project”) relative to property owned by Defendants Douglas V. Trefry and Harvey W. Trefry (the “Trefrys”) and located at 480 Flagg Hill Road, Boxborough, Massachusetts (“Locus”). Defendants Planning Board, the Trefrys, and Flagg Hill Road, LLC (“Flagg Hill”) (together, “Defendants”) filed a Joint Motion to Dismiss, together with supporting memorandum, Statement of Facts, and Affidavit of Elizabeth Markiewicz, on October 23, 2013. A case management conference was held on November 18, 2013. Plaintiffs filed their Opposition to Motion to Dismiss on December 3, 2013, together with supporting memorandum, Statement of Additional Facts, and Affidavits of Michael Sweeney and Keith L. Miller. [Note 1] A hearing was held on the Motion to Dismiss on January 8, 2014, and the matter was taken under advisement. A decision of today’s date has been issued (the “Decision”). In accordance with the Decision, it is hereby:

ORDERED and ADJUDGED that the notice of the filing of the Complaint (the “Notice”) was not timely filed with the office of the Boxborough Town Clerk, and that there is no evidence that the Town Clerk was timely aware of the filing of the Complaint.

ORDERED and ADJUDGED that Defendants’ Joint Motion to Dismiss is ALLOWED.