Frustrated residents got a bit of good news Tuesday after the Board of Selectmen told them an occupancy permit would not be issued for a group home for the mentally ill slated to open on a cul-de-sac off of Swifts Beach Road until a legal review is completed by Town Counsel.

“As sure as I am sitting here right now... It will not be issued until then,” Board of Selectmen Chair Walter Cruz said. “This is priority number one."

Expressing anger that they have been unable to get on the Board of Selectmen’s agenda after numerous requests, seven residents rose during the "Citizens' Participation" portion of the meeting to voice their concerns about community safety and the impact the home could have on the neighborhood while nearly two dozen other neighbors in the audience stood in support.

The group home, located at 7 Lynne Road, is being renovated by Acushnet-based builder Jeff White and is being leased to Fellowship Health Resources. Fellowship was awarded a contract with the state Department of Mental Health to operate the home.

Fellowship officials say they plan to open a six-bed "therapeutic respite" program for patients with mental illnesses and disorders. Patients will live at the home for anywhere from a week to 30 days.

The Department of Mental Health said patients will be people who already live in the community or who have been cleared by medical professionals to re-enter the community. However, representatives could not guarantee the clients would not be former drug addicts or sex offenders.

Myles Burke, Director of Inspectional Services, says the town cannot stop the operation of the home since it falls under state licensure and is therefore exempt from local zoning regulations.

On Tuesday, citizen Jennifer Petersen, who has worked for the state Department of Developmental Services for 25 years, said the home is not exempt from building codes that Department of Mental Health operations do need to comply with.

“I never said they were exempt from building code,” Burke replied. “Before we issue an occupancy permit we will make sure Fellowship meets the requirements.”

Neighbors are angry that White did not get permission from the Beaver Meadows Homeowners' Association before renovating the home. They said the addition he put on the house broke the development's covenants.

Petersen also stated that by law these programs need to be designed so the home does not differ from others in the community, something she said can not be achieved after the covenants was broken.

“The [Lynne Road] home is different since it broke the covenants. All the other houses have to follow the homeowners’ association’s rules,” Petersen pointed out.

Citizens voiced concern the town is not doing enough to protect the rights of its residents.

“I am very dissatisfied with the town,” said Lynne Road resident Sean Murphy. “I fully expect the town and its employees to act on this in a timely matter.”

Town Counsel Rich Bowen said a legal review is being done.

“We are looking into it very closely,” Bowen stated. “If anyone has information for the legal review I respectfully ask for you to give it to me.”

Cruz asked Bowen to have updates prepared for the Selectmen and the residents in two days.