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Housing‑appeals hearing turns on whether local nitrogen risk justifies costly septic condition in Hingham 40B case
Summary
The Town of Hingham’s zoning board and a developer clashed at oral argument over whether a local condition requiring an advanced septic system to treat excess nitrogen was justified by evidence that onsite nitrogen would reach neighboring potable wells; the appeals committee found only a possibility of contamination and struck the condition.
The Appeals Court heard arguments in a de novo review of a Housing Appeals Committee decision in a Chapter 40B matter where the Town of Hingham’s Zoning Board of Appeals imposed a condition requiring an advanced septic system to treat excess nitrogen. The appeals committee removed that condition; the town asked the court to reinstate it.
Counsel for Hingham told the panel the town made a legitimate public‑health showing that excess nitrogen from the proposed…
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