Swampscott residents suing ZBA

SWAMPSCOTT – The Zoning Board of Appeals’ approval of a special permit to reconstruct a non-conforming, single-family home on Tupelo Road has sparked a court action from seven abutters.Kenneth and Mary Jane Carpi, of 53 Tupelo Road; Kenneth J. Carpi, trustee of Bay Trust of 54 Tupelo Road; Cynthia Belhumeur, of 100 Galloupes Point Road; Roger and Janine Leach, of 106 Galloupes Point Road; and Jamali Ardeshir, of 59 Tupelo Road; filed the court litigation this week in Salem Superior Court against the Swampscott Board of Appeals and Michael G. Lynch, trustee of 60 Tupelo Realty Trust.In early July, Lynch filed an application for a permit to replace the existing stucco home at 60 Tupelo Road with a traditional stucco building.The Board of Appeals unanimously approved the special permit July 26, finding that the proposed home will be stucco and more consistent with the character of the neighborhood than the original proposed use of metal panels and masonry veneer.The home would be reduced in size and the proposed chain link fence and retaining wall at the northwest end of the tennis court would be replaced with vegetative screening and landscaping.Board members explained that the proposed house reconstruction complies with all dimensional requirements and reversed prior decisions of the building inspector regarding the property.The complaints argue the Zoning Board of Appeals members failed to find sufficient facts to sustain the approval and did so in “complete derogation” of the Zoning Bylaws of the town of Swampscott.They also maintain that the board’s decision to overturn the building inspector’s decision was “without having a public hearing.”Attorney Carl D. Goodman, who filed the court litigation on behalf of the complainants, argues that members “exceeded their authority.”Goodman is also asking the court to direct the building inspector for the town of Swampscott to refrain from issuing demolition permits and building permits for the property in question.