Swampscott oceanfront property spat over

SWAMPSCOTT – A nearly four-year long dispute between neighbors and a property owner over a proposed oceanfront mansion on Tupelo Road may finally be over after a neighbors’ lawsuit was dismissed in Land Court.”Neighbors have decided to not continue fighting against it,” said attorney Carl Goodman, who represented the neighbors in the matter. “The same case cannot be brought again.”The case was dismissed with prejudice, according to documents dated Nov. 17 and signed by attorneys representing neighbors, the town’s Zoning Board of Appeals and 60 Tupelo Realty Trust, which owns the property. Michael G. Lynch is trustee of the trust.The ruling ends a controversial and litigious design process for a proposed home at 60 Tupelo Road that one set of plans said would be 15,650 square feet when built.An abandoned stucco and tile-roofed mansion constructed circa 1920 sits on the property now.The trust bought the property and an adjacent undeveloped lot in 2007 for $3.15 million, according to property records.Attorneys for the trust applied for zoning relief in December 2007 for the plans to demolish and replace the existing home – which does not conform to zoning requirements that require 125-foot minimum frontage – and replace it with a modern home constructed of mainly glass with metal and masonry supports, according to town records.The plan generated opposition from some neighbors and concerns from town boards.Architectural plans, requests for meeting minutes, legal filings and appeals are contained in a roughly 10 inch-by-12 inch storage box labeled “60 Tupelo Road only” in Town Hall.Representatives of the property owner have appeared before the Planning Board, the Building Inspector, the Zoning Board of Appeals, Massachusetts Land Court and several other town boards.The Zoning Board of Appeals twice rejected the proposal before the board approved a site plan special permit for the home in July 2010.The latest set of plans call for an approximately 8,700 square-foot home that replaces the metal panels and masonry veneer with stucco similar to those on the existing home and others in the neighborhood.Lights that had been proposed for a tennis court will be removed and the proposed chain-link fence will be replaced with “vegetative screening” and landscaping.”The proposed stucco design is compatible with the existing character of the neighborhood,” a July 7, 2010 letter containing proposed findings that was sent to the board and signed by the trust’s attorney, Peter J. Feuerbach, reads. “The home’s size would be more consistent with the range of building sizes in the neighborhood, such that the gross floor area of the building would be reduced by approximately 1,590 square feet,” the letter states.Neither Feuerbach nor Thomas V. Kostinden, whose name is listed as a contact for the trust, returned calls for comment.It was this decision that a group of neighbors appealed to Land Court in August 2010, arguing that the board of appeals violated zoning bylaws and exceeded its authority by approving the special permit.But Goodman said that the neighbors decided against continuing the lawsuit the week prior to Thanksgiving.Goodman said he was unable to discuss his clients’ reasoning, and calls to neighbors Kenneth and Mary Jane Carpi were not returned.Meanwhile, the house has been uninhabited since it was purchased, and neighbors Kenneth Carpi and Roger Leach both noted in affidavits that the home’s back door has been left open at various times.Neighbor Bob Vernick said he’s glad the issue has been resolved.”It’s an eyesore now,” said Vernick.But Vernick didn’t fault the property’s owner, but the town boards who must approve the project.”They take these things too far,” he said. “The guy bought the house legitimately and he has the right to do with it what he wants.”View Larger MapCyrus Moulton can be reached at [email protected].