Public hearings for Residences at Hawthorne set to close

The developers for the Residences at Hawthorne, a proposed 138-unit affordable housing at 970 Tucker Road, have informed the Zoning Board of Appeals in an emailed letter that they will not be allowing more public hearings after Friday, March 27. 

“There are a lot of things that haven't been spoken on. There are a lot of things that still haven't been addressed,” Zoning Board Chair Michael Medeiros previously said.

The Zoning Board asked for more time as the plans are only at 90% completion, and they were not comfortable approving an incomplete plan. Developer Paul Cusson, has stated that under state law 90% is more than acceptable.

“In fact, this level of detail provided exceeds what the Housing Appeals Committee has consistently deemed sufficient,” Cusson wrote in the letter. “The regulations require preliminary but adequate detailed plans that allow the Board to understand the nature and scope of the project — not final engineering.”

Chapter 40B allows developers to bypass certain local zoning laws to encourage the building of affordable housing. Under 40B at least 25% of the units are required to be affordable. Affordable units cost under 80% of the area minimum income, which in Dartmouth is $95,960 for a four person household.

Chapter 40B only applies if less than 10% of a town’s housing options are affordable housing units.Dartmouth is currently at 7.81% affordable units. To meet 10%, the town needs 275 more affordable housing options.

Twenty-five percent, or 35 units, will fall under affordable housing at the Residences at Hawthorne.

Typically, the Zoning Board will have six months after the application is turned in to have public hearings on the project. 

The Zoning Board first heard the Hawthorne on Aug. 27, 2025, giving them until Feb. 27, 2026 to finish the public hearings. They received a one-month extension during a meeting held on Jan. 9.

During the January meeting, Cusson was unwilling to give an extension, but due to his own availability agreed to. 

He only agreed after the board argued that they would be more willing to approve his project with more information given during public hearings, and less willing if they weren’t granted the extension.

Once the Zoning Board of Appeals closes the public hearing on the Residences at Hawthorne, they will not learn any new information surrounding the development. All information must be discussed in public so that residents are fully informed on the project logistics. 

Once the hearing closes, the Zoning Board has 40 days to decide whether to approve the original development plans, approve with conditions or deny their application. 

If they deny the application or approve it with conditions, the developer can bring the application to MassHousing to challenge the Zoning Board’s decision and allow the development to be built without any conditions. 

“Such a requirement effectively shifts the burden of full design and engineering onto the applicant before a permit is granted, creating an unnecessary barrier to the production of affordable housing,” said Cusson. 

One of the main arguments between the Zoning Board and the developers is over an emergency access point. The developers want to utilize Fairway Drive, a privately owned road, for their emergency access. 

Attorney Susan Murphy, who advises the Zoning Board, pointed out that while emergency vehicles can use the road when necessary, the Residences at Hawthorne cannot claim the road as its only emergency access. They must build a road on their own property to use. 

Cusson continued to point out that legally, emergency vehicles can access this road. 

Daniel Perry, a lawyer, agreed with the Zoning Board and advised they deny the permit if Cusson cannot provide a plan for an emergency road.

The last Zoning Board meeting on this project will be held on Monday, March 23 at 6 p.m. at the Town Hall. Town Hall is located at 400 Slocum Road.