SWAMPSCOTT – An affordable housing project approved by the state three years ago has yet to break ground due to a lengthy legal battle.The project calls for razing a vacant church that is more than 100 years old and building 12 condominiums. Local developer Daniel Dandreo said the state approved financing for the project in January 2005 after an extensive review process. Despite the lengthy and extensive delays due to the town challenging the project in court, Dandreo said he would not give up.”I’m four years into this particular project,” he said. “I have spent over $130,000 in legal fees and I have been told the town has spent over $150,000 in legal fees. So far only the lawyers are getting money and it is very unfortunate. That money the town used to appeal this thing could have been used for teachers, firefighters and police officers. There was surely a better use of that money than to finance this continuing quagmire.”The case is still in Housing Appeals Court, a process Dandreo said should have taken six months.”I expect a final ruling in April,” he said. “I plan to finish this project if I have to appeal it all the way to the Supreme Court.”Town Administrator Andrew Maylor said he could not comment on the case because it is still pending.Dandreo said his proposed project would house 12 two-bedroom units that would be approximately 1,200 square-feet each and the condominium project would have a smaller footprint than the existing church and rectory and it would generate $50,000 or more a year in additional tax revenue for the town.Dandreo said if the project goes forward the three affordable housing units would be sold in a state-certified auction and the price of the nine market-rate units would be dependent upon escalating construction costs.Even opponents of 40B projects have spoken in favor of the project, including Eugene Barden, who spoke for himself and not as a chairman of the Planning Board. Barden said he is not an advocate of 40B projects because it allows developers, who include some units of affordable housing in projects, to circumvent local zoning regulations.”That church is dilapidated and an eyesore,” he said. “Even though I’m not a fan of 40B projects I think it would be a good thing in this location. His original plan was good and he offered to cut back on the number of units but the town said no. It’s still in court.”