NLWC News

2024 Special Town Meeting – NLWC Recommendations

Anna Day • September 6, 2024

2024 Special Town Meeting – Tuesday, September 17th at 5:00 PM
Nantucket High School Auditorium

Nantucket’s community depends on the vitality of its sustainable natural resources.


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The Nantucket Land & Water Council’s (NLWC) mission is to preserve the health of Nantucket’s environment and community through the protection of our land and water resources. The NLWC has reviewed the Warrant for the September 17th, 2024 Special Town Meeting and offers the following comments on articles which could affect the island’s unique and valuable natural resources.


ARTICLE 1: NO Zoning Bylaw Amendment – Regulating Nantucket Vacation Rentals


The Short-Term Rental industry (in particular investor-owned commercial STRs) contributes to more intensive use and (re)development of properties on Nantucket. This places increasing and measurable pressure on the island’s natural resources and infrastructure, from the health of our aquifer, ponds, and harbors to solid waste management, water and sewer. We support the promulgation of restrictions and regulations that address the Short-Term Rental industry in a balanced way that is consistent with Nantucket’s local traditions while protecting against unfavorable depletion of our Island’s natural resources that we all want to prevent.


The NLWC does not support Article 1 as drafted. We do support the proposed limit of one STR per person and the new owner restrictions and agree with the changes made by the Planning Board in their motion. However, Article 1 still does not go far enough to limit existing and disincentivize new investor owned STRs. This use of STRs as an investment leads to the continued unsustainable type of development and use that will negatively impact the long-term health of Nantucket’s environment.


ARTICLE 2: YES Zoning Bylaw Amendment – Regulating Short Term Rental Use


The NLWC supports Article 2 as drafted. This is the only article that upholds STR use to a traditional Accessory Use as currently defined in the Zoning Bylaw. This article allows for all Nantucket residents to rent their homes but requires that use of a dwelling as a STR be less than the dwelling’s principal use as a residence. As such it limits existing and disincentivizes new investors from purchasing property to be rented out purely as a business.


Article 3: NO Zoning Bylaw Amendment – Regulating Short Term Rental Use The NLWC does not support this article. It does not meaningfully limit STRs for new or existing owners and does not acknowledge the community’s clear desire for increased regulation that protects our environment. It does not limit existing and disincentivize new investor-owned STRs.


Article 4: NO Zoning Bylaw Amendment – Regulating Short Term Rental Use


The NLWC does not support this article as drafted. We support the requirement for residing on Nantucket, the limit of one STR per person, and the new owner restrictions. However, Article 4 does not go far enough to limit existing and disincentivize new investor owned STRs which lead to the continued unsustainable type of development and use that will negatively impact the longterm health of Nantucket’s environment.


Article 5: YES General Bylaw Amendment – Short Term Rentals The NLWC supports this article to clarify restrictions against corporate ownership of Short Term Rentals. This will help to further limit existing and disincentivize new corporate ownership of STRs.


Article 8: YES Zoning Bylaw Amendment – Issuance of Building and Use Permits – Demolition Delay The NLWC supports this article to extend the period of time allocated for owners to implement repurposing and reuse of buildings on Nantucket. The recycling and reuse of materials will not only help to preserve our historic structures but will help reduce construction and demolition waste which fills our landfill and poses challenge for Nantucket’s solid waste management.


Article 9: NO Zoning Bylaw Amendment – Apartment Community The NLWC supports the Planning Board’s motion to take no action on this article. This proposed amendment would greatly increase the potential ground cover, density and number of dwelling units allowed in all residential districts across the island. There has been no evaluation of the implications of this article on island buildout or infrastructure.


Article 11: NO Zoning Map Change – LUG 2 to R5 – 44 Skyline Drive The NLWC supports the Planning Board’s motion not to adopt this Article. This proposal to change minimum lot size from 80,000 sf to 5,000 sf would allow for an increase in density 16 times what is allowed under current zoning.


Article 12: NO Zoning Map Change – LUG 2 to R5 and R20 to R5 – 13 and 13A Woodland Ave The NLWC supports the Planning Board’s motion not to adopt this article. This proposal to change minimum lot size on these lots from 80,000 sf and 20,000 sf respectively to 5,000 sf would allow for an increase in density close to 16 times what is allowed under current zoning.


Article 13: NO Bylaw Amendment – Sewer District Map Change – 44 Skyline Drive The NLWC supports the Finance Committee’s motion not to adopt this article. The Sewer Commissioners also voted not to add this parcel to the Town Sewer District.


Article 14: NO Bylaw Amendment – Sewer District Map Change – 13 and 13A Woodland Ave The NLWC supports the Finance Committee’s motion not to adopt this article. The Sewer Commissioners also voted not to add these parcels to the Town Sewer District.


Article 15: NO Bylaw Amendment – Sewer District Map Change – 42 Monohansett Road The NLWC supports the Finance Committee’s motion not to adopt this article. The Sewer Commissioners also voted not to add this parcel to the Town Sewer District. The NLWC does not support this article as drafted. We support the requirement for residing on Nantucket, the limit of one STR per person, and the new owner restrictions. However, Article 4 does not go far enough to limit existing and disincentivize new investor owned STRs which lead to the continued unsustainable type of development and use that will negatively impact the longterm health of Nantucket’s environment.

Surfside Crossing Appeal Hearing Completed - NLWC Defending Clean Water for Nantucket!!

By Anna Day • October 2, 2025
Last week, the appeal hearing for the Surfside Crossing 40B development was conducted remotely by the state’s Housing Appeals Committee (HAC). The NLWC participated as an intervening party to defend clean drinking water for Nantucket. The proposed 156 condo unit development on 13.6 acres known as Surfside Crossing (SSX) off of South Shore Rd is of inappropriate density (13 x the local zoning) and would compromise our drinking water supply. Following the comprehensive permit review by the Zoning Board of Appeals (ZBA) that took place throughout last fall and winter, the application for SSX was unanimously denied by the ZBA. This denial was subsequently appealed to the state by the developers, Jamie Feeley and Josh Posner, in April of this year. During the comprehensive permit review last year by the ZBA, the NLWC hired an engineering expert and water quality specialist to review the project’s stormwater management plans. The review and testimony of these experts revealed that the stormwater infrastructure proposed for the Surfside Crossing development does not meet the specific state and local standards for projects within the Nantucket Wellhead Protection District (the area where groundwater contributes to the public water supply wells), or for projects that meet the state’s criteria as a Land Use of Higher Potential Pollutant Load (LUHPPL). Given recent public well contamination by elevated PFAS levels, it has become abundantly clear that these standards are incredibly important to uphold, especially for a project of this scale within our public water supply recharge area. The local ZBA agreed with the importance of protecting clean water , and asked the developers to address the stormwater management design to ensure that it meets state and local standards and protects not only the residents and direct abutters of the development, but the public water supply that we all share. Unfortunately, the developers refused to make any changes to their proposed design, in part because it would require a reduction in the number of units to make the necessary changes, and in part because they have already installed their stormwater infrastructure, “at risk”, without the benefit of a permit, and without a water quality certificate issued by the Water Commission as required in Nantucket’s Zoning Bylaw. They simply do not want to have to take it back out of the ground. Based on concerns for the health of the community’s drinking water, as well as other concerns relative to public safety and traffic, and considering the developers’ refusal to consider any changes whatsoever to their proposal, the ZBA unanimously denied the project. As an intervening party in the developers’ appeal of the ZBA’s decision, he NLWC has been working closely with the counsel for the Town of Nantucket’s ZBA, and the residents group, Tipping Point, to file written testimony from the NLWC’s engineer, the ZBA’s engineer, and several water quality and PFAS subject matter experts. During the HAC hearing last week, the developers’ counsel chose not to cross-examine any of these witnesses, and so their written testimony stands unchallenged, leaving the hearing office no basis to question their expert opinions. This hearing on the Surfside Crossing matter follows a similar appeal by developers in the Town of Walpole for a Chapter 40B development that was also denied by the Town’s ZBA due to similar concerns over improperly designed stormwater infrastructure, and the degradation of the Town of Walpole’s public water supply. As we await a decision from the HAC, we are grateful to Nantucket’s ZBA for their due diligence during the public hearing process, and for the opportunity to prepare for the appeal hearing in partnership with Town Counsel for the ZBA, as well as the residents’ group Tipping Point.  Stay Tuned for Updates!

MA DEP Visits Geotube Expansion Site in Sconset

By Anna Day • July 31, 2025
In April 2025, the Nantucket Land & Water Council (NLWC) joined over a dozen Nantucket residents —including members of the Nantucket Coastal Conservancy, property owners in Quidnet, and the Greenhill family—in filing a Request for a Superseding Order of Conditions (SOC) with the Massachusetts Department of Environmental Protection (MassDEP). This action was taken in response to the positive Order of Conditions issued by the Nantucket Conservation Commission on March 20, 2025, which approved a three fold expansion of the ’Sconset Bluff Geotube project.

Protecting Your Tap: Choosing the Right PFAS Water Filter for Your Home

By Anna Day • July 30, 2025
If you're concerned about PFAS (per- and polyfluoroalkyl substances) in your drinking water, filtering your water is an easy step you can take to reduce exposure. There are effective filtration options that can significantly reduce PFAS levels in your tap water.  Below, we've outlined a few types of filters that are known to reduce PFAS, along with the certification to look out for, to help you choose the right one for your needs and budget.
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