Public hearing for the Residences at Hawthorne closes

With the hearing now closed on the 138-unit Chapter 40B project that would be located at 970 Tucker Road, Zoning Board of Appeals members now have 40 days to decide on whether to approve or deny the project.

Jason Talerman, one of the lawyers representing the owner Paul Cusson, stated they would be willing to give the Board of Appeals an extra week or two on their decision. 

Chapter 40B of Massachusetts state statute is to promote affordable housing. This allows developers to bypass certain zoning laws to build more affordable housing.  

The Zoning Board can place restrictions on construction, but the Massachusetts Housing Appeals Committee can override Zoning Board vetoes and approve a project.

The Housing Appeals Committee, after a hearing, could allow the project to be built without any conditions.

Approving a project with a long list of conditions gives the Zoning Board more control over how the project is constructed within town. However, developers could also bring the Zoning Board before the Housing Appeals Committee to overturn conditions.

There will be 35 affordable units, equally dispersed throughout the property. At this time, the number of one bedroom, two bedroom and three bedroom houses is unknown, Talerman. 

The units will be mostly stand-alone houses with lawns, with 13 duplexes. 

During the April 13 meeting, the Zoning Board and representatives of the Residences at Hawthorne reviewed some of the conditions that the Hawthorne representatives wanted edited. 

There were a number of conditions that the developers asked to be amended. 

The building plans show a bus stop on the property, but the school committee has stated the school buses will not enter private roadways. The condition states the developers must build a wider sidewalk outside the property to act as a bus stop, but Talerman asked this not be included so they can try and negotiate with the school committee. 

They asked to not have to provide construction fencing around all of the abutting properties. Talerman stated they would rather be able to negotiate this with the Board of Public Works. 

Under the stormwater section of conditions, the Zoning Board required that the developers have a geotechnical engineer test where the groundwater is, so they do not cut into the seasonal high. Engineer Christopher Farland stated he would rather conduct this testing himself, as a licensed design engineer. 

They also asked to follow closer to state regulations for groundwater rather than Dartmouth standards, which are stricter. The state allows basements to be built directly on groundwater if they have a sump pump, but the town requires two feet between.

Talerman requested that the 35 affordable units be exempt from the water mitigation fee of $12 per gallon per day.

Lastly, they asked that irrigation systems not be outright banned in the conditions, but allow residents to build them if they are under the maximum 53,000 gallons a day. This current estimate of 53,000 gallons a day includes domestic and clubhouse use, not outdoor use. 

This upset many residents in the audience, who pointed out the town is already buying water from New Bedford, and this would further raise costs. 

“At what point do we scratch our heads and go ‘We need some type of common sense here to make sure that we have enough water in place’ because we are one drought away from having more significant issues than we already have,” said resident Ed Pacheco. 

A major issue raised by residents is whether the developer can claim Fairway Drive as the  means of emergency egress, which homeowners on Fairway Drive object to. 

Chuck Reservic, who is on the Board of Condos, informed the Zoning Board the Board of Condos will be going to court on April 14 to discuss the litigation of land corps. 

The meeting ended with an enthusiastic agreement on closing the public heating on the Hawthorne, with a unanimous “Aye!” from the Zoning Board and one audience member.