NLWC News


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

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!

October 29, 2026
The NLWC is pleased to announce the launch of our PFAS Well Testing Reimbursement Program , an initiative aimed at reducing financial barriers to drinking water testing and improving accessibility to informed drinking water decisions. Made possible by the Nantucket Land & Water Council’s Water Fund, with generous support from ReMain Nantucket and the Madaket Conservation Association . PFAS (per- and polyfluoroalkyl substances) are a group of widely used synthetic chemicals found in many everyday products. Often referred to as "forever chemicals" because of their persistence in the environment, PFAS can enter groundwater and contaminate drinking water supplies . Long-term exposure to certain PFAS has been linked to a range of adverse health effects. For Nantucket residents who rely on private wells, testing is the only way to know whether PFAS are present in their drinking water . The Town of Nantucket Health and Human Services Department offers PFAS well testing through Barnstable County Laboratory, with test kits available at 131 Pleasant Street.
September 10, 2026
On August 31st, the Massachusetts Department of Environmental Protection (DEP) issued a letter rebuking the efforts of Siasconset Beach Preservation Fund (SBPF) to expand the geotube project on Sconset Beach . Nantucket Land & Water Council (NLWC) along with over a dozen Nantucket residents, including members of the Nantucket Coastal Conservancy (collectively “Appellants”), appealed the Conservation Commission’s March 2025 approval of an Order of Conditions for the geotube expansion. Now seventeen months later, DEP’s letter dated August 31, 2026, casts grave doubt on whether the expansion project will be approved by the state agency . T his setback follows the denial of a license for the project at Town Meeting last spring.
September 1, 2026
To the Editor,  This letter is about the water situation on the island. As the Nantucket Waterkeeper, I measure the water levels in our aquifer every month (a half-century tradition of the Nantucket Land & Water Council) at ten wells across the island from ’Sconset to Madaket. These wells are simply metal or pvc pipes installed just far enough below the surface to reach and measure the ups and downs of our aquifer. This data is used by the United States Geological Survey (USGS) and Mass Department of Environmental Protection (DEP). It's also available to the public on USGS’s website- The exact well used to determine if we’re in a drought or not is well #228 . You’ll notice that it continues to trend downward. With the exception of two very shallow wells in Madaket which have shown some recovery from recent rain, the other seven wells across the island continue to trend downward.
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