03/12/2014 ZONING BOARD OF APPEALS Decision

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that the legal interests of light, air and privacy protected by the By-Late have not been abridged by the ZBA Decision. Generally;concerns about the impact that a structure has on views is not sufficient to confer standing. Martin v. Com. of Presiding Bishop of Church of Jesus Christ of Latter-Day Saints, 434 Mass. 141, 146 (2001). Additionally, view protection is not a stated purpose of the By-Law. As a result, I find that Plaintiffs stated harm of interference of view is not sufficient to confer standing. Diminution in value is not a protected harm unless the diminution is tied into some other harm protected by the By-Law.Kenner v. Zoning Bd.of Appeals of Chatham,459 Mass. 115, 123 (2011). See Standerwick v.Zoning Bd.of Appeals als of Andover,447 Mass.20,31-2(2006);Central St.,LLC v. Zoning_Bd, of Appeals of Hudson, 69 Mass.App.Ct, 487, 492 (2007). Additionally, "[zoning legislation] is not designed for the preservation of the economic value of property, except in so far as that end is served by making the community a safe and healthy place in which to live."Tranfaglia v. B1dCorn'r of Winchester, 306 Mass.495, 503-04, (1940). Plaintiff has failed to provide direct facts, .beyond his speculative personal opinion set forth in the Catanzaro Affidavit, that the construction of the New House, pool and pool house will lead to a diminution in the value of the Plaintiff Property. Thus, I find that Plaintiff has failed to assert standing on the basis of diminution in property value. However, as Plaintiff points out,the New House will have more than three times the.current living area as the Original House,'which raises issues of density because the New House,including the pool and pool house,has more l of coverage than the Bylaw allows.If a by-law regulates density 6 The ZBA Decision stated that the lot coverage of the Original House was roughly 2,000 square feet.The lot coverage of the New House is approximately 6,000 square feet,as discussed,supra.Both parties agree that the New House is larger than the Original House. 7