SWAMPSCOTT – After almost two years of delays, a proposed restaurant is going to have its day in court.Attorney Kenneth Shutzer, who represents Woodstone, said he expects a pre-trial hearing would be held sometime in January.”We’ll get an assigned trial date at the hearing,” he said. “My impression is the court is mindful of all the delays and will give us a speedy trial date.”Swampscott native Joseph Leone, who owns the Black Cow Tap & Grill in Newburyport and Hamilton, wants to build a new restaurant on the site of the former Papa John’s. It’s a plan that has been in the works for almost two years. In July 2006, the Planning Board approved site plans for the Woodstone Restaurant, a pizza and grill type establishment. In September 2006, the Zoning Board of Appeals approved a special permit for the establishment, then residents of Chaisson’s Cove Condominiums filed suit against Leone, the project and the ZBA.Despite the lengthy delays and expenses involved with having the project on hold for a couple of years, Shutzer said his client is still committed to bringing Woodstone to Swampscott.”He has no intention of walking away at this time,” he said. “This project is still very much alive and we’re just waiting for our day in court.”Attorney William DiMento, who represents the abutters opposed to the project, said his clients are looking for some mitigation to ease the impact the proposed establishment would have on their property.”My clients want soundproofing,” he said. “They also want the entrance to face Humphrey Street, not their property among other things. My clients are not opposed to Woodstone but they are concerned about noise, parking and other quality of life issues. The neighbors are opposed to lack of regulations governing the permit.”Leone, who has been in business for more than 15 years, said he understands any project takes time.”I’m in it for the long haul. Whatever it takes,” he said. “We’re very much moving forward. When it’s done it’ll be a very nice project and a first class operation. Once we secure permitting we’ll raze the building and rebuild. I expect the demolition and construction to take six months.”
