Board weighs dozens of septic variance requests; approves some, denies others amid wellhead concerns

NANTUCKET ' The Nantucket Board of Health on Tuesday considered a large group of septic-system variance requests and local upgrade approvals across the island, approving some requests for extra bedrooms tied to innovative-alternative (IA) treatment systems, denying others and continuing several items for more information.

The discussion ranged from single-house setbacks to a broader policy debate about whether IA systems should be used to allow extra bedrooms on small lots in the island's wellhead protection district.

Why it matters: many property owners seek IA systems to reduce nitrogen and other contaminants in effluent, but board members and environmental groups warned that granting bedroom credits case-by-case can increase total water use and stress the sole-source aquifer. Board members asked staff for clearer, quantitative guidance before approving many similar applications.

Key outcomes and actions

- 3 Millbrook Road: The board approved a variance with conditions. Staff engineering testimony identified a functioning well and recommended a 70-foot setback to the neighbor's well; the applicant agreed to a three-bedroom deed restriction and a staff walk-through to remove two bedrooms in the main house if required. The board recorded the outcome as "variances approved 4 to 1" and attached a deed restriction and post-work inspection requirement.

- 16 Codfish Park (septic setback; cottage addition): The applicant proposed replacing a leaching pit with a Title V system and requested variances to setbacks from a coastal dune and the house crawlspace; the applicant said the design flow would remain at 330 gallons per day. Board members agreed to require a three-bedroom deed restriction as a condition of approval and to include a final inspection requirement.

- Kendrick Street / Tom Nevers: The applicant is proposing new habitable office/garage space and needed to relocate leach trenches and the well; the board continued this item to the next meeting to allow applicant presentation and abutter notification (motion to continue carried unanimously).

- 72 Arkansas Avenue: The board continued a Title V re-inspection item to the next month after the owner reported an inspection was scheduled but not yet completed.

- 38 Lovers Lane (three lots): Several requests to convert 2-bedroom conventional approvals into 3-bedroom IA systems were considered. The board denied Lot 1 (vote recorded as 4 to 1). Lot 2 was denied (vote recorded 3 to 2). Lot 3 was also denied (vote recorded 3 to 2). Applicants and their engineers argued that IA systems reduce nitrogen far more than conventional systems; opponents cited the wellhead protection district and the cumulative effect of multiple approvals.

- Woodland Drive subdivision (multiple lots): The board approved four smaller lots (Lots 1'4) for the IA bedroom credit by a 3-to-2 vote, and continued two larger lots (Lots 5 and 6, higher bedroom counts) for further review and more detailed plans.

What the board debated: Several board members, notably Malcolm and Mary (identified only by first name in the record), expressed unease about a steady stream of bedroom-increase requests and the lack of an island-wide policy; they urged staff to secure scientific analysis comparing the environmental benefit of IA treatment versus the increased volume of wastewater. The Nantucket Land and Water Council and other environmental commenters warned of a slippery slope if the board continued to approve bedroom credits without a policy. Advocates and some applicants'including attorneys and engineers'argued IA systems produce cleaner effluent and that owners reasonably expect to pursue variances under current regulations.

Quotes from the meeting

- "An IA system a 3-bedroom IA system isn't just cleaner than a 3-bedroom conventional system. A 3-bedroom IA system is cleaner than a 2-bedroom conventional system, folks," said attorney Rick Bodette, arguing the environmental benefit of IA systems.

- "It's a sensitive area... we really have to be protecting our island," said Board Member Mary, citing the sole-source aquifer and wellhead protection district.

- "When you add an IA component... you're looking at a reduction in pollutants in terms of the water quality, anywhere from 60 to 80% above and beyond even what you'd have with 2 bedrooms," said Dan Malloy, representing applicants seeking IA credits.

Next steps: Board members asked staff to seek a short briefing from outside experts (Barnstable County or other technical consultants) on the relative net environmental impact of IA treatment versus increased flow from additional bedrooms; staff also was asked to prepare a formal agenda item next month that could include options ranging from tightened local policy to an interim moratorium on non-emergency IA-bedroom credits while the analysis is completed.

Ending: The board split votes on multiple, similar applications, approving a subset and continuing others. Members said they will pursue clearer scientific guidance and possible policy changes before presiding over more applications with identical issues.