Nantucket ZBA hears dispute over Surfside Crossing waivers; orders hydrogeologic update, sets Feb. 19 continuation

The Nantucket Zoning Board of Appeals on Tuesday continued public hearings on Surfside Crossing LLC’s revised 156‑unit development and focused the session on the applicant’s requested zoning waivers, competing expert claims about stormwater and groundwater impacts in the public wellhead recharge area, and design and parking concerns.

Board members heard opposing technical testimony from the applicant’s counsel and consultants and from the Nantucket Land and Water Council, Tipping Point and residents. After discussion the board voted to ask town administration to seek an updated 2018 Bristol Engineering hydrogeologic report and agreed to continue the public hearing to Feb. 19. The board also approved a separate, board-initiated request that town council seek an extension from the Housing Appeals Committee of the statutory deadlines for this matter.

Why it matters: The waivers under review would lift or alter local dimensional and procedural rules for a project sited partly in the town’s public wellhead recharge area (Zone 2). Opponents told the board they have submitted consultant testimony alleging the project would increase pollutant loads and cannot meet the Zone 2 standard that, if exercised, requires recharge of 95% of precipitation and no degradation of groundwater quality. The applicant says its stormwater system complies with state and local stormwater standards.

Most important points first:

- Stormwater and wellhead concerns dominated public comment. Janice Murphy of the Nantucket Land and Water Council told the board the applicant has not shown it can achieve 95% recharge or avoid groundwater degradation and pointed to expert testimony that the project’s proposed impervious cover (the plans show 52% impervious) will increase pollutant loads. “I don't see any data, any response” addressing the 95% recharge standard, Murphy said. (Janice Murphy, Nantucket Land and Water Council.)

- Applicant counsel Paul Haverty said the developer’s consultants find the proposed stormwater management system meets state and local standards and that the requested waivers are procedural in some cases; he said the team will respond to Weston & Sampson’s letter at the next hearing. “My client's consultants are informing them that the…