SWAMPSCOTT – After more than two years of delays and litigation, a proposed 40B development has been given the green light by the state Housing Appeals Committee.The Housing Appeals Committee has issued a decision ordering the town to give a local developer the permits necessary to proceed with a 40B project at the corner of Burrill Street and Rock Avenue.Dan Dandreo proposed the development on the site of an abandoned church more than two years ago but the Zoning Board of Appeals would not issue the necessary permits so Dandreo appealed the ZBA decision. The fate of the project has been languishing in the Housing Appeals Committee for a couple of years. The June 9 ruling orders the town to issue a comprehensive permit for the development, which would consist of 12 units, three of which must be affordable housing.According to the ruling, the town has 30 days to appeal the decision in Superior Court.”A decision has not been made on whether to file in Superior Court,” Town Administrator Andrew Maylor said. “We have spent a fair amount of money trying to defend the neighborhood and have no regrets we chose to do so because it was the right thing to do.”Maylor said the town has already spent in excess of $50,000 fighting the proposed 40B development.”A difficult hurdle in deciding whether to file in Superior Court is the cost,” he said. “We may be at a point where the neighbors (opposing the project) have to decide if they want to hire lawyers and pursue this.”The town cited parking, emergency access and density as reasons for opposing the project but the HAC ruled the development conforms to generally recognized standards in regards to building mass in relation to the surrounding neighborhood. The decision stated the town did not present sufficient credible evidence of density that outweighs the regional need for affordable housing.According to a traffic consultant hired by the town, illegal parking along Burrill Street would pose a safety hazard for cars exiting the proposed condominium. But according to the HAC, there was not sufficient evidence to prove it would create a hazard great enough to outweigh the need for affordable housing.Another issue raised by the town was fire safety and whether the proposed development allowed adequate access to the building for firefighting purposes. The HAC found there would be ground access to all sides of the building and aerial access from Rock Avenue for firefighting.Dandreo said he is glad the HAC has reached a decision.”I’m glad it’s over,” he said. “I’d like to know why the town tried to block such a good project. I knew the town didn’t have a legal leg to stand on. I also know the people of this town would not have wanted to throw money out the window on such a frivolous case.”Dandreo said the site was cleaned up recently and he has a complete set of working drawings.”I would like to break ground this fall,” he said. “We’ve waited more than two years to get this project started.”