Norton ZBA declines to sign Island Brook MassHousing regulatory agreement now, will revisit after counsel review

The Norton Zoning Board of Appeals declined to sign a MassHousing regulatory agreement for the Island Brook 40B project at tonight’s meeting and agreed to take up the document at its next meeting after consultation with town counsel.

Salem Kadura, counsel for Island Brook and contractor Stonebridge Homes, told the board MassHousing requires an answer about whether the zoning board will sign the template regulatory agreement before it will process final approval. "They won't process the final approval until there's an answer either way," Kadura said. Board members, however, said signing is not historically routine, that the draft was not in the meeting file, and that they preferred time to review the full agreement and attachments with town counsel.

After discussion about process and timing, a board member moved to decline to sign the regulatory agreement at this meeting but to take it up at the next hearing if MassHousing or the applicant requires signatures; the motion passed with recorded yes votes from Mr. Tenore, Mr. Ferguson and Mr. Noel. The board noted that declining to sign now would not prevent Island Brook from continuing to seek MassHousing final approval, according to the applicant’s counsel, but the state will record whether the local body signs or declines.

The board directed staff to consult town counsel and to place the regulatory agreement on the next meeting agenda (May meeting) so members can decide whether to sign when they have the full document and legal guidance.