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Board approves multiple septic variances, orders bedroom deed restrictions and conditions for Madaket house move

January 03, 2025 | Nantucket County, Massachusetts


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Board approves multiple septic variances, orders bedroom deed restrictions and conditions for Madaket house move
The Nantucket Board of Health on June 12 approved a series of septic variances and local upgrade approvals for individual properties across the island and also approved a coordinated set of deed restrictions that reallocate bedroom allowances among three Madaket properties to permit a planned house move.

On individual system requests, the board approved a local upgrade and variances for 1 Tennessee Avenue (applicant representation by Bracken Engineering) and granted variances for 44 Arkansas Avenue and Hendricks property upgrades after hearing engineering and health-department assessments that the proposed IA or microfast systems represented feasible placements given lot constraints and well separations. A previous matter for 72 Arkansas Avenue was withdrawn by the applicant.

Madaket house move: Paul Tampros and his team described a plan to move a dwelling from 6 Ames Avenue to 339 Madaket Road because of shoreline erosion at the 6 Ames site. The proposal required reallocating bedroom design flow among three contiguous family-owned lots (6 Ames, 339 Madaket, and 337 Madaket) so the overall bedroom count in the family portfolio does not increase but shifts location. The board approved the approach with specific conditions: 337 Madaket Road will be deed-restricted to 4 bedrooms (down from an existing 5-bedroom grandfathered design) and 339 Madaket Road will be deed-restricted to 5 bedrooms contingent on issuance of an updated Disposal Works Construction Permit and required field modifications (additional chambers) to accommodate the five-bedroom design. The approvals were conditioned on recorded deed restrictions and submission of the required disposal/construction permit application before construction work proceeds.

Lovers Lane and Woodland Drive: The board approved IA-based increases from two-bedroom conventional allowances to three-bedroom IA systems for multiple Lovers Lane lots (Lot 1, Lot 2, Lot 3), with deed restrictions limiting bedroom counts to the approved totals; one larger Lovers Lane lot was approved for four bedrooms due to larger lot area. The board discussed but did not act on a larger, more complex Woodland Drive proposal seeking a 12-bedroom allocation across subdivided lots; the applicant agreed to continue that item to the July meeting to provide a more complete site layout and clarify intended uses.

Health-department staff and the board repeatedly noted the technical distinction between replacing failed systems (which may proceed without a variance if no increase in flow is proposed) and requests that change design flow or bedroom allocation. Several approvals included findings that the proposed locations met "maximum feasible compliance" given lot constraints and well-protection zones; health staff required abutter notification where property lines trigger notification. Where systems were already tied to Town Water, staff noted that well setbacks were not controlling factors. The board recorded approvals by roll call for each item and required administrative follow-up to record deed restrictions on the affected Madaket properties.

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