Create an Account - Increase your productivity, customize your experience, and engage in information you care about.
Show All Answers
Any Board of Health Agent, which includes Health Department Inspectors may enforce the Order. For the purposes of this order, the BOH also designated the Nantucket Police Department as an enforcement agent. The penalty, per MGL c. 111 §122, is a fine of up to $1,000. The Board of Health agents as well as the Building Commissioner or Local Inspector have the authority to suspend work performed with or without a building permit.
Under Massachusetts General Law (MGL) Chapter 111, Section 6, the Board of Health is authorized to enact an order(s) to address a public health emergency – such as the COVID19 pandemic. This order may be stricter (but not less strict) than a Governor’s Order intended to address a public health emergency. Specifically, while certain types of construction projects and landscaping services are considered “Essential” in the Governor’s current Stay at Home Order, the local Board of Health has the authority to enact its own Order, because locally, the municipality must be satisfied that a project can be conducted safely. If the Town cannot guarantee that construction and landscaping projects are conducted safely, it is able to employ its authority under the local Board of Health to halt these projects.
There are several ways in which the Town of Nantucket cannot guarantee the safety of construction or landscaping projects:
given reliance on ferry and carpools for transportation to and from work sites, workers travel together, work together, eat together, go on errands together (gas station, grocery/convenience store, etc), often live together, share tools and porta-potties and other activities that are not utilizing adequate physical separation needed to contain the virus – the Town does not have the personnel available to track, monitor or enforce the necessary guidelines that should be in place to ensure that the proper guidelines are being maintained; given the limited capacity of the Nantucket Cottage Hospital to handle a Surge of COVID cases, it is critical that the community and Town adhere strictly to Stay at Home Orders, and to attend to Essential Services only – working at construction and/or landscaping services (in the vast majority of instances) is not Essential to the public health and safety of the community.
Nantucket’s state Senator Julian Cyr, Town Counsel, and the Governor’s legal staff have confirmed the Nantucket Board of Health’s authority to issue its own temporary moratorium on construction and landscaping projects because of the reasons noted above (Supplemental Order 3/30/20) – without conflicting with the Governor’s Executive Order.
Yes, essential services will still be operational including, but not limited to:
Yes, restaurants are open at their discretion. To further curb the potential of viral spread, all permitted food service establishments are to limit contact with the public as much as possible.
As Town sees a spread of this outbreak, more and more restrictions may be put into place.
Yes but practice social distancing.
Yes you can fish but practice social distancing.
Work on recreational boats is allowed as is recreational boating all while maintaining social distancing and safety measures recommended by CDC.
Mooring installation does not appeared to be permitted. The Town Pier is closed for repairs and the Town doesn’t have staff to insure the safety of the mariners using the facility. They are staying home obeying the Federal, State and Local “Stay at Home” orders. Cooperation and understanding will go a long way to helping this community get through this major disaster faster.
Yes, the Governor’s Office issued this guidance for boaters and marine activities on April 27, 2020.
No, non-essential businesses are not allowed to open however as of May 4, 2020 the Governor announced additional guidance regarding essential and non-essential work.