Three 40B developments proposed in 2025

In 2025, three Chapter 40B housing projects were brought before the Zoning Board of Appeals; The Residence at Hawthorne, Sherbrooke Farms and the Hathaway. 

To meet the 10% affordable housing requirement, Dartmouth needs 275 more affordable housing options. The town is currently at 7.81%.

Chapter 40B of Massachusetts state statute was established to promote affordable housing. Units are considered “affordable” if someone making 80% or less than the town’s average income can afford to live in that housing. In Dartmouth, the average income is $95,960 for a four person household. 

For a project to be 40B eligible, at least 20-25% of units must be classified as affordable. This gives developers the opportunity to override local zoning laws and allows them to appeal to the Massachusetts Housing Appeals Committee if the town denies the project.

If the Zoning Board approves a project with a list of conditions and the developer accepts them, it would give the town more control over how the project is constructed. However, if the Zoning Board denies the project or the developers dislike the conditions, they can appeal to the Housing Appeals Committee to bypass the Zoning Board’s decision.

The Housing Appeals Committee could then approve the project as submitted by the developer  and take the Zoning Board’s conditions out of the equation.

While the Zoning Board can attempt to place restrictions on construction, the town cannot deny a 40B project for reasons that wouldn’t stop a smaller project, such as a business or household. For example, if the board is granting applications that use town water, they cannot deny a 40B application for planning to use town water.   

These three proposed projects, which were all brought before the Zoning Board of Appeals in 2025, are The Residences at Hawthorne, Sherbrooke Farms and The Hathaway.  

Once a 40B project goes to the Zoning Board, the board has six months to hold public hearings and discuss the details publicly. After this, they can request extensions from the developers. Once the hearing closes, the Zoning Board has 40 days to issue a decision. They cannot discuss details with the developer or the public after the hearing closes.

On Monday, April 13, the public hearing for the Residences at Hawthorne closed, giving the Zoning Board until the end of May to either approve or deny the project.

Another 40B project, The Preserve at Dartmouth, was approved on March 10, 2021 and is currently under construction. This project would have 32 buildings; 256 apartment units split between 16 buildings and 32 duplex apartments split between another 16 buildings. 72 of these would be affordable. This is proposed to be located across from Cask and Pig on State Road. 

The four projects would add 744 affordable units toward the needed 10%, and a total of 1,032 units if all four are approved. This would bring Dartmouth over the 10% affordable housing requirement, making Dartmouth a Safe Harbor, meaning 40B laws would no longer be applicable in town.

The 40B project does not count toward the 10% until the units are built and functioning. 

The Residences at Hawthorne was first heard by the Zoning Board on Wednesday, Aug. 27. This project would have 147 housing units on 56.3 acres, and would be built at 970 Tucker Road. Of these, 37 of the units would be affordable.There would be 30 duplexes and 117 single family homes.

Sherbrooke Farms was first heard by the Zoning Board on Wednesday, Aug. 27. This project would have 152 apartments or 264 bedrooms split between four buildings on about 11 of the 90 acres, to be built at 498 Old Westport Road. Of these, 38 of the units would be affordable.

The Hathaway was first heard by the Zoning Board on Thursday, Jan. 9. The project would have 300 apartments split between 6 buildings on 16 of the property's 113 acres at 112 Hathaway Road. Of the 300 apartments, 75 would be affordable.