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12/12/2001 ZONING BOARD OF APPEALS Decisions
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12/12/2001 ZONING BOARD OF APPEALS Decisions
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� f } <br /> I <br /> Section 17 only if he has suffered or will suffer tangible injuryto his property as a result of the <br /> zoning decision. Tsagronis v. Board of Appeals of Wareham, 33 Mass. App. Ct. 55, 58 (1992). <br /> Abutters (the status of the present plaintiff) enjoy a presumption of aggrieved person . <br /> i <br /> status, but that status is rebuttable. Barvenik, at 131. Once a defendant in a Chapter 40A, section <br /> I III , <br /> 17 appeal challenges the plaintiff's standing, the presumption in favor of standing is destroyed, F <br /> ii <br /> and the plaintiff bears the burden of proof on the issue of standing. Id. accord, Marashlian, 421 <br /> I � <br /> Mass. at 721. <br /> i <br /> To avoid dismissal for lack of standing, the plaintiff must offer evidence of a plausible <br /> I <br /> claim of a definite violation of a private right, a private property interest, or a private legal <br /> interest." Bell, 529 Mass. at 554 (citing Harvard Square Defense Fund. Inc. v. Planning Board of <br /> Cambridge, 27 Mass. App. Ct. 491, 493 (1989). Additionally, the plaintiff must show that his <br /> injury is"special and different from the concerns of the rest of the community," Bell, 429 Mass. at t <br /> i <br /> 554 (Citing Barvenik, supra, 33 Mass. App. Ct. at 132). Moreover, proof of harm must be shown <br /> by"direct facts and not by speculative opinion", Barvenik, at 554. <br /> Additionally, where, as here, the Plaintiff is making the same use of her own parcel as the li <br /> Defendant wishes to make of hers, the proposed use in and of itself cannot cause tangible injury to <br /> the Plaintiff. See Circle Lounge, 431 Mass. at 431-32. Moreover, "[s] ubjective and unspecific <br /> fears about ...loss of open or natural space are all considered insufficient bases for <br /> aggrievement..." Barvenik, 33 Mass. App. Ct. 129, 131 (1992). <br /> Nothing in the Complaint suggests any harm which the plaintiff will suffer as a result of <br /> the Decision. Because the Plaintiff will not suffer any tangible injury from the Decision of the y <br /> Mashpee Zoning Board of Appeals, she lacks standing to prosecute this appeal. The appeal must <br /> „I <br /> therefore be dismissed. <br /> � I <br /> I; i <br />
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