Judge rules against proposed Swampscott development

SWAMPSCOTT – A land court judge ruled in favor of neighbors of 71 Greenwood Ave. in a recent decision that determined the proposed 41-unit condominium project unlawful because of “spot zoning.”The case went to Massachusetts Land Court when neighbors of the former middle school sued the town for accepting Groom Construction?s plan to turn the property into a condominium complex, claiming it was unlawful spot zoning. Attorney Ken Shutzer, who represented the neighbors from Greenwood Terrace, Greenwood Avenue and King Street during municipal proceedings, reported that the land court judge ruled about 10 days ago in favor of the neighbors, returning the zoning of the property to the original R2 residential zoningShutzer said the premise of the decision was that “if the sole purpose of rezoning is for the financial advantage of the town, it doesn?t meet the standards.”Town Administrator Thomas Younger spoke on behalf of Swampscott Wednesday. “Obviously we were disappointed in the decision of the judge. We felt we had strong case.”Younger said the Board of Selectmen will hold an executive session at its next meeting to “discuss strategy going forward regarding the matter with town counsel,” with the option of an appeal on the table. Younger said the town should know what direction it will be heading in by the end of March.Younger reported in the spring of 2013 that the town had spent about $90,000 between 2012 and 2013 on the Greenwood Avenue proceedings.Shutzer?s colleague, Carl Goodman, who represented the neighbors during litigation, said in January 2013 that it could take “days or months” to make a decision. Shutzer said Wednesday, “from the time it went to trial, it was about a year for the judge to make a decision.”He added that he thought the judge would “make a decision right away.”Goodman could not be reached Wednesday for comment.Shutzer said he and Goodman were “initially advised that we were wasting our time.”?I always felt it was spot zoning,” said Shutzer, adding that personally he thought “the court made the right decision.”Shutzer said that he heard the neighbors “were thrilled” with the decision.