Developer hoping court rules against Swampscott

SWAMPSCOTT – One local developer is confident the Housing Appeals Court will rule in his favor because the town has less than an adequate stock of affordable housingAccording to Dan Dandreo, the Housing Appeals Court has issued a modified proposed decision that could allow the construction of a 40B project at the corner of Burrill Street and Rock Avenue to go forward.Dandreo proposed the development on the site of an abandoned church more than two years ago, but the Zoning Board of Appeals would not give the project the green light. Dandreo appealed the ZBA decision in Housing Appeals Court and the fate of the project has been languishing in the court system for a couple of years.Dandreo said he believes the condominium project is the best use for the property and is in the best interest of the town. If the project is upheld by the court, he said he would build a 12 unit condominium project and three of the units would be affordable housing. Dandreo said the condominium complex would generate a minimum of $50,000 a year in tax revenue for the town.Earlier this year, the HAC issued a preliminary decision that appeared to be in the town’s favor and, at that time, several members of the ZBA said they were pleased the court upheld the town’s decision. But Dandreo dismissed the preliminary decision as a working document, which was created by one member of a five-member panel.On Wednesday morning, Dandreo said the latest ruling was based on fact and law, which he said the previous preliminary ruling was not.”I am confident the court will rule in my favor and this project will go forward,” he said. “I am prepared to continue with the project and will appeal all the way to the Supreme Court if necessary but I don’t think that will be necessary.”Zoning Board of Appeals member Harry Pass said he has not seen the modified preliminary decision yet so he could not comment.Daniel Doherty, who is also on the Zoning Board of Appeals, said he had not seen the decision yet either.”If it’s true, I am stunned they would come out with another decision that is the opposite of the first decision,” he said. “If it’s true, I am extremely disappointed. If the HAC rules against the town I would hope if the town has meritorious appeal it would continue to appeal this.”