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Building permit controversy sparks urgent call for variance

June 21, 2024 | Nantucket County, Massachusetts



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This article was created by AI summarizing key points discussed. AI makes mistakes, so for full details and context, please refer to the video of the full meeting. Please report any errors so we can fix them. Report an error »

Building permit controversy sparks urgent call for variance
In a recent government meeting, discussions centered around a shared septic system approval for three properties owned by the Turner family, highlighting a complex regulatory situation. The initial request for approval was submitted in December 2023, and after consultations, it was determined that no variance was necessary. However, as construction of a modular home at one of the properties progressed, the health department revisited the Title 5 regulations and concluded that a variance was indeed required.

The shared system is designed to replace two outdated and noncompliant septic systems with a modern solution that meets all Title 5 requirements. The new system will serve properties at 190, 192, and 194, with the construction largely complete. The meeting revealed that the health department's change in stance regarding the variance was unexpected, especially since the building permit had already been issued.

The variance request is based on three conditions outlined in the Title 5 regulations. The applicant argues that enforcing the regulations without the variance would be unjust, as the house is already built and not granting the variance would render it uninhabitable. Additionally, the applicant asserts that the new system provides equivalent environmental protection and that the failure to grant the variance would deprive the owners of beneficial use of their property.

The discussion underscored the challenges faced by property owners navigating regulatory frameworks, particularly when historical lot creation practices complicate compliance with modern standards. The board is now tasked with deciding whether to grant the variance, which would allow the shared system to be officially recognized and operational.

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