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Nantucket Board of Health adopts temporary moratorium on nitrogen-loading variances

January 03, 2025 | Nantucket County, Massachusetts


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Nantucket Board of Health adopts temporary moratorium on nitrogen-loading variances
The Nantucket Board of Health on June 12 voted to adopt a temporary moratorium on new variance applications that would allow additional bedrooms by relying on innovative/alternative (IA) septic systems, setting the moratorium to expire at the board’s Sept. 18 meeting.

Board member Malcolm moved the moratorium, saying the pause would let the board review recent developments in IA system technology and new scientific research and hear presentations from outside experts, including staff from Barnstable County. "I therefore move that the board vote to adopt a temporary moratorium ... to September 18," he told the board before members debated the length of the pause.

The motion was discussed at length. Supporters said the moratorium will give the board time to gather evidence and expert presentations so future variance decisions can be better informed. One board member voiced concern about potential strain on local services and the aquifer if bedroom counts continue to increase unchecked; another urged that a short, defined pause was fair to applicants awaiting decisions. A community member, Christie Ferrante, asked whether the moratorium would apply immediately to pending applications; the board discussed legal deadlines for applications already submitted and how to treat applications filed before adoption of the moratorium.

The board amended the original 90-day proposal to specify an end date — the board's September 18 meeting — and approved the moratorium. The board recorded that the moratorium excludes applications to replace or upgrade failed systems so long as no increase in flow is proposed, and it does not apply to applications that do not require variances.

Board members said Barnstable County officials had offered to present findings to the board and that other experts would be invited. Several board members and staff emphasized that the moratorium is intended to be a limited, information-gathering pause rather than a long-term policy change.

The motion passed by roll call; the board announced the moratorium approved and that it would revisit scientific and regulatory evidence at future meetings leading up to the September 18 date.

What happens next: staff and board members said they will invite Barnstable County and other experts to present at a future meeting; the moratorium allows the board time to gather data and does not permanently alter past approvals.

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