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Board approves two nitrogen-reduction variances amid wider concern over cumulative impacts
Summary
The Nantucket Board of Health approved variances allowing two properties to install enhanced nitrogen-reducing septic systems so owners can add bedrooms. Board members and staff raised repeated concerns about the cumulative environmental and infrastructure impacts of repeated variances and requested a future policy discussion.
The Nantucket Board of Health on March 20 approved variances allowing two properties to install enhanced nitrogen-reducing septic systems that would permit each house to expand from three to four bedrooms.
The variances apply to a property in the Hammock Pond watershed at 57 Madaket Road and a property on Lovers Lane in the Wellhead Protection District. Board members voted to accept the 57 Madaket Road variance 4–1 and approved the Lovers Lane variance by voice vote.
Board members said the microFAST-style enhanced systems reduce nitrogen loading compared with conventional systems and therefore produce a net benefit at the individual site, but several members warned that approving such requests “one variance at a time” can have cumulative environmental consequences for the island.
Ryan Maxwell, an engineer with Bracken Engineering, said the 57 Madaket Road lot is almost 31,000 square feet and the owner seeks to replace a conventional three-bedroom septic system with a four-bedroom system that incorporates a microFAST tank. "The microFAST system would provide a reduction in nitrogen loading — almost 50% of what a conventional system would provide," Maxwell said, adding that the change would allow the owner to add a bedroom.
Health department staff told the board the property lies within the Hammock Pond watershed and noted the town has approved similar variances in the past where enhanced treatment was provided. A department speaker said the application did not show a failed system and that a recent Title 5 inspection status was not in the record.
Board member Carrie pressed the broader point: "Little by little we're going to make the island uninhabitable one variance at a time," she said, urging the board to assemble a cross-departmental policy review on when and whether variances should be allowed.
At Lovers Lane, Dan Malloy — appearing for the applicant — described a new-construction home on a lot of just under 30,000 square feet that would use an enhanced treatment (IEA/EIA) system to support a four-bedroom design. He said town water is available and the application is before the board because the site lies in the Wellhead Protection District.
Board members again raised the cumulative-impact question. "It's not just about nitrogen," one member said, noting increased water use, energy and wastewater demands when more bedrooms are added across the island. Several members asked staff to prepare data so the board can take up a broader regulatory review at a future meeting.
On procedural points, staff reported the existing 57 Madaket Road conventional system was installed in 1996 and is older but not shown to have failed; portions of the 57 Madaket parcel include wetlands. For Lovers Lane, the applicant characterized the request as new construction and said the IEA system would be installed to allow the four-bedroom design.
The board approved both variances but recorded growing concern that the practice be revisited as part of a deliberate policy discussion. The chairman asked staff to prepare materials and bring the topic back for a full agenda item in the coming months.
Votes at a glance: 57 Madaket Road — variance to allow a four-bedroom system with enhanced treatment approved (board voice vote recorded as 4–1). Lovers Lane — variance to allow IEA-enhanced treatment for four-bedroom new construction approved (voice vote; board recorded in favor).
