Swampscott ends fight against proposed development

SWAMPSCOTT – After more than three years of delays and litigation, a proposed 40B development on Burrill Street could get underway soon.Local developer Dan Dandreo proposed the development on the site of an abandoned church almost four years ago but the Zoning Board of Appeals would not issue the necessary permits so Dandreo appealed the ZBA decision.Attorney Jim Rudolph of Rudolph Friedman LLP of Boston and Marblehead has been representing Dandreo.?The time (for the town) to file an appeal on the decision has passed,” Rudolph said. “My client will be filing for permits to build on the property.”The project was given the go ahead by the state Housing Appeals Committee in June and Dandreo said he is thrilled.?This is a great, great project,” he said. “I lived on that site with my family for 13 years and it is a great location. I plan on retaining one of the units for myself for my retirement. I’m really excited we’re getting ready to go ahead and build it.”The fate of the project has been languishing in the Housing Appeals Committee for a couple of years and on June 9 the Housing Appeals Court issued a decision ordering the town to give the developer the permits necessary to proceed with a 40B project at the corner of Burrill Street and Rock Avenue.The 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 had 30 days to appeal the decision in Superior Court, which it has not done.Town Administrator Andrew Maylor said the town has decided it is not going to pursue this matter. “The HAC has made its decision regarding 100 Burrill St.,” he said. “We’re not taking any further action relevant to this property. We are not taking any additional steps to oppose the permit. We defended the ZBA decision and pursued this to its conclusion.”Maylor said the town 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 spent in excess of $50,000 fighting the proposed 40B development.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 size in relationship 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 this. It’s a good project and would bring additional tax revenue into the town. I’m glad this is resolved and we can go forward.”