SWAMPSCOTT-The state Housing Appeals Committee issued a preliminary decision in favor of the town with respect to a proposed 40B project.Local developer Dan Dandreo wants to raze a dilapidated vacant church at the corner of Burrill Street and Rock Avenue and build 12 condominiums, four of which would have been affordable housing.ZBA Chairman Daniel Doherty said a copy of the preliminary decision was issued last week.?The preliminary decision invited both parties to submit written comments and objections to the preliminary decision,” he said. “The ZBA is pleased the preliminary ruling upheld our decision to not to allow the project.”ZBA member Harry Pass also said he is pleased with the court ruling.?We’re pleased the Housing Appeals Committee affirmed the decision of the ZBA,” he said. “This is very unusual. In 40B appeals, the court usually sides with the developer. This shows just how strong our case was.When the ZBA denied the permit, some of the concerns it raised were mass and density.”Dandreo dismissed the preliminary ruling because it was the recommendation of only one member of the five-member panel.?It’s just another working legal document,” he said. “It’s not a final decision. This process has been going on for several years and there have been eight or nine motions the town lost. Nothing will be decided until a final decision is issued in April.”Pass said the court cited the same issues the ZBA had raised.?This project is too big for the site,” he said. He (Dandreo) wouldn’t listen to the neighbors or ZBA when he was asked to scale it back.”Dandreo denied refusing to scale back the project, insisting he offered to downsize the project so it was only two stories high and would house eight condominiums.?One of the neighbors was opposed to eight units,” he said. “The neighbors wouldn’t agree to putting anything there. I worked pretty amicably with (Town Administrator Andrew) Maylor but the neighbors were in opposition.”Dandreo said if the final decision goes in favor of the town that he would appeal.?This is far from over,” he said. “I will go all the way to the Supreme Court if I have to.”