03/12/2014 ZONING BOARD OF APPEALS Decision

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NOTICE: Summary decisions issued by the Appeals Court pursuant to its rule 1:28, as amended by 73 Mass. App. Ct. 1001 (2009) , are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional 'rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008) . COMMONWEALTH OF MASSACHUSETTS APPEALS COURT 15-P-1206 ANGELO P. CATANZARO, trustee, ' VS . ZONING BOARD OF APPEALS OF MASHPEE & others .2 MEMORANDUM AND ORDER PURSUANT TO RULE 1: 28 Plaintiff Angelo Catanzaro, as trustee of the 140 Popponesset Island Road Realty Trust, appeals from the entry of summary judgment in favor of defendants Jay and Elizabeth Derenzo, as trustees of the 134 Popponesset Island Road Realty Trust (defendants) , on his complaint for review of a decision by the zoning board of appeals of Mashpee (board) allowing the defendants to construct a new single-family home and pool on their property.3 We affirm. Background. The following material facts are undisputed. The plaintiff and the defendants own adjoining property on Popponesset Island Road in Mashpee. The defendants ' property is 1 Of the 140 Popponesset Island Road Realty Trust. 2 Jay J. Derenzo and Elizabeth A. Derenzo, as trustees of the 134 Popponesset Island Road Realty Trust. 3 Although the board is named as a party defendant, it did not answer the complaint and it is not a party to this appeal .