Swampscott condo project on hold until judge returns zoning decision

SWAMPSCOTT – With the trial part of the Greenwood Avenue lawsuit over, both the Town of Swampscott and the property?s neighbors could be left in limbo for months while they wait for the judge?s decision.The case went to Massachusetts Land Court when neighbors of the former middle school at 71 Greenwood Ave. sued the town for accepting Groom Construction?s plan to turn the property into a 41-unit condominium complex, claiming it was unlawful spot zoning.?It went very well,” said the plaintiff?s attorney, Carl Goodman, of last week?s two-day trial. “The plaintiffs were very pleased with the trial.”Once the plaintiff and defendant?s attorneys receive the court transcripts, they will have 30 days to file briefs based on the facts of the case, according to Goodman. From there, the judge could take days or even months to reach a decision.If the judge rules with the neighbors to decide that the town?s zoning change of 71 Greenwood Ave. that allowed it to be a 41-unit condominium complex was based on a need for revenue and was in fact unlawful, Goodman said it would result in the zoning “returning to an A2 zoning district in which it is located, and the development would be zoned the same as any other parcel in the district.”He added that the condo development project, called Fisherman?s Watch, “won?t go forward unless the zoning is upheld.”For now, the purchase agreement for the property will be extended another six months while awaiting a decision, said Town Administrator Thomas Younger. The town has already used one of its three six-month extensions and can extend it two more times before a decision to sell the property must be made by a deadline of Dec. 31, 2013.Younger said that will allow enough time to receive a decision from the judge and wait for any appeals that either party may make.?When we went into this, the town made a decision to sell the property,” said Younger. “We are very hopeful the judge will see the decision in the town?s behalf, favoring the community and the project.”Kait Taylor can be reached at [email protected].