Swampscott ZBA denies special permit

SWAMPSCOTT – The Zoning Board of Appeals has denied a case that was remanded by state land court.This week the ZBA voted 5-0 to deny the application for a special permit that would have allowed the construction of a new, large home at 60 Tupelo Road. The board first denied the application six months ago.According to town records, the property was by purchased by Thomas V. Kostinden through Michael G. Lynch, who is the trustee of the 60 Tupelo Realty Trust. The property is currently valued at more than $2.5 million. The trust also applied for a demolition application for the 1920s-era, four bedroom home that currently sits on the parcel. The ZBA application is for a special permit to construct a new home on the property when and if the existing non-conforming single-family home is demolished. When the ZBA denied the application, a complaint was filed in Land Court.ZBA Chairman Peter Spellios said the board took another look at the case after it was remanded by Land Court, but the application was denied.”The board found some problems with compliance,” he said.Attorney Kenneth Shutzer, who represents the abutters opposed to the project, said if the plans were approved as initially submitted to the ZBA it would probably be the largest single-family home in town.”It would be about 15,000 square feet,” Shutzer said. “The home would be constructed entirely of metal and glass. It’s wrong for the neighborhood and the ZBA found it would be detrimental.”Attorney Peter J. Feuerbach, who is with Rubin and Rudman LLP, represents the 60 Tupelo Realty Trust. Calls to Feuerbach were not immediately returned but according to the complaint filed in state Land Court the ZBA decision was “capricious and legally untenable.”