Plaintiff, Angelo P. Catanzaro, Trustee of the 140 Popponesset Island Road Realty Trust, filed his unverified Complaint on April 3, 2014, pursuant to G. L. c. 40A, § 17, appealing a decision (the ZBA Decision) of Defendant Town of Mashpee Zoning Board of Appeals (the ZBA) which allowed Defendant Jay J. Derenzo and Elizabeth A. Derenzo, Trustees of the 134 Popponesset Island Road Realty Trust (the Trustees), a continuance, extension or alteration of a pre-existing, non- conforming structure so as to allow the razing of an existing single family dwelling and the construction of a new single family dwelling. The Trustees filed their Answer on April 25, 2014. A case management conference was held on May 29, 2014. On March 17, 2015, the Trustees filed their Motion for Summary Judgment, together with supporting memorandum, Affidavits of Timothy Luff (the Trustees building designer) (the Luff Affidavit), Thomas Bunker (land surveyor and civil engineer) (the Bunker Affidavit), Joseph Clancy(appraiser) (the Clancy Affidavit), John Vaccaro (environmental consultant) (the Vaccaro Affidavit) and Jay Derenzo (Trustee), and Opposition to Plaintiffs Cross-Motion for Summary Judgment. On the same day, Plaintiff filed his Opposition to the Trustees Motion for Summary Judgment and his Cross-Motion for Summary Judgment, together with supporting memorandum and Affidavit of Angelo P. Catanzaro (Trustee) (the Catanzaro Affidavit). A hearing was held on both motions on March 19, 2015, and at that time the matter was taken under advisement.
The court has issued a decision (the Decision) as of todays date. In accordance with the Decision, it is hereby:
ORDERED and ADJUDGED that Plaintiffs legalinterests in light, air and privacyprotected by the Mashpee Zoning By-Law have not been abridged by the ZBA Decision; and,
ORDERED and ADJUDGED that Plaintiffs stated harm of interference of view is not sufficient to confer standing; and,
ORDERED and ADJUDGED that Plaintiff has failed to assert standing on the basis of diminution in property value; and,
ORDERED and ADJUDGED that Plaintiff has produced evidence that he has suffered a particularized injury, and has a plausible claim that his legal interest in preventing further non- conformity based on the density and dimensions of the New House [Note 1] has been violated by the ZBA Decision; and,
ORDERED and ADJUDGED that Plaintiff has standing to pursue his claim; and,
ORDERED and ADJUDGED that the ZBA Decision is not based on a legally untenable ground, and is not unreasonable, whimsical, capricious or arbitrary; and,
ORDERED and ADJUDGED that Plaintiffs Cross-Motion for Summary Judgment is DENIED; and,
ORDERED and ADJUDGED that the Trustees Motion for Summary Judgment is ALLOWED.
By the court.
[Note 1] The New House is the proposed new two story, five bedroom, residential structure with a lot coverage of approximately 6,000 square feet.