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Home My WebLink About06-18 8 Coffin RoadTOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $450.00 ANTUCKET I CL E: -1K 2010 FE -0 -06 P1i 3: 18 File No. -18 Owner's name(s): Steven E. Phillip and Carrie A- Phillip Mailing address: c/o Reade, Guilicksen, Hanley & Gifford, LLP 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584 Phone Number: 508-228-3128 I-Lviai : airVreadelaw.com Applicant's name(s): Same Mailing Address: Same Phone Number: Same E -Mail: Locus Address: 8 Coffin Road (part) Land Court Plan: 5004-106, Lot 1027 Same Assessor's Map/Parcel: 91-9.5 (part) Certificate of Title: 25299 Zoning District Limited Use General -3 (LUG -3) Uses on Lot- Commercial: None Yes (describe) Residential: Number of dweiiings vacant at present Dupiex Apartments Date of Structure(s): all pre -date 7/72 or Building Permit Numbers: Previous Zoning Board Application Numbers: 18-17 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile F:\WP0PQ\PRILLIP\8 Coffin Road\ZM application for 3-2018.do— State below or attach a separate addendum of specific special permits or variance relief applying for: The applicants appeal from a determination by the Zoning Enforcement Officer dated January 29, 2018, which ruled that the maximum permissible ground cover upon locus -would be 3% of lot area, or 1,063 square feet. As determined and ratified by the Board of Appeals in File No. 18-17, locus was created as a separate lot by the action by the Town of Nantucket, acting through its Planning Board, in requiring the improvement of Coffin Road as a subdivision roadway serving a different property. At the time of endorsement of the plan showing locus as a separate lot, August 14, 2017, locus was accordingly not held in common ownership with adjacent land (based upon the definitions of "street" and "lot" as set forth and discussed in the decision in File No. 18-17, and the status of locus as a separate buildable lot was specifically determined by the Board of Appeals in that decision. Accordingly, the provisions of Zoning By-law §139- 33.E(1)(b) are applicable and locus, which contains about 39,855 square feet in area, is allowed up to 1,500 Square feet of ground cover. In the alternative, the applicants request relief by Variance under Zoning By-law §139-32 from the provisions of §139-16 which limit ground cover in the LUG -3 district to 3% of lot area, in order to establish permissible ground cover upon locus as being up to 1,500 square feet. I certify that the iri Ormation contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Steven , PhiLffp2nd Carrie A. Phillip Owners* By:/ / 7 SIGNATURE: � � � � (i �'Attorney/'.i �'agent Arthur I. Reade, Jr. OFFICE USE ONLY Application received on:—/—/— By: Complete: Need Copies: Filed with Town Clerk:—/—/_ Planning Board: Building Building Dept.:_/_/_ By: Fee deposited with Town Treasurer:_/_/_ By:_ Waiver requested: Granted:—/—/— Hearing notice posted with Town Clerk:—/—/— Mailed:—/—L I&1V1_/=/_ &_/_/_ Hearing(s) held on:—/—/— Opened on :_/_/_ Continued to:—/—/ _ Withdrawn:_/_/_ Decision Due By:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile F:\Wp0PQ\PBILLIP\6 Coffin Road\2BA application fox 3-2018.do From: Marcus Silverstein [mailto:MSilverstein@nantucket-ma.gov] Sent: Monday, January 29, 2018 2:54 PM To: Stephen Theroux<steve�aanantucketarchitecture.com> Subject: 8 Coffin Rd. (Lot B/#1027) Steve, Your request for work at 8 Coffin Rd. (Map# 91, Parcel# 9.5 (part)) cannot be processed at this time for the following reason(s): The proposed structure exceeds the maximum allowable ground coverage for the property. Said property is located within the Limited Use General -3 zoning district, which allows a maximum ground coverage of three (3%) percent of the lot area. At 35,447 square feet (s.f.) of lot area, the property is allowed 1,063 s.f. of ground cover, though 1,495 s.f. is proposed. If any person is aggrieved by the denial, an appeal may be filed with the Zoning Board of Appeals within thirty (30) days of the date of this notice. Respectfully, Marcus Silverstein Zoning Enforcement Officer Town of Nantucket -r..~ ..Ar~..°.-,^.--._.-^ ... DING WIZIIG�� Go cie 1" 268 ft Property Information Property ID 919.5 Location 8 COFFIN RD MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no claims and no warranties, expressed or implied, concerNng the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2014 Properties updated 02JG6/2018 -G- u4wYUN 1D5,S: ,30.0.00 SAF. u:au,1u E)BK,L J5 R- f DETNL Ii \ "p��7 X.i.S. _\ \ GaJU/N0� JR n. uz m-nl'•'�ur w � a Rf)ERENCE idM C£ NANiUCRET Z—O BttAYS Cn.119-eRC) n ,Qwmw w '° -_ •�� f�o+ ._z �_ ,.fly R9.-, � �•� \8'v� I ma -5 ry Ma 07/17/17 M OJ/1�9/17 SISDU \ -once (R) -- - _ -- - -- / - T N 07/t7/T7 5,yp0'M R B4. s. i e B IR> V� once / 7R,h tscc oEru�e1�)! / I \.ya SYE \ e's• c1�5ti'�, 11515 3,4; \ / ' �wC/[�OZT_ILnK B0.220Lw low M 07/17/17 tutu /3130' �� 79A.8 552 S.F. '•o'7G: / ue�a wec I f\ 1 sRsie•I<'E II// W.) •\ \ \ _ •- ,... ... m. uL::au3 mAc, acmm rx CBL e(wR) . 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RE 125209 SUBP'N90N 500{-]E, LOT %t 1 ASSCSZOR YAP 91, PMCE1 9.5 THE PLANNING BOARD DETERMINES THAT R X.wnlz w.r (I.)�LO (S) 10Tb-]Om _00 NOi carrtuN /V+FwS sUfliECF i0 PRmERION OMER LWO NATION un5WNU5ERswETWVO.. PY`1LL'Id: A^ RNKN Mi REOU:FEfi WDI.1E1 L STONE , 0 BE EtCLU0E0 {AEM LO,.'IRG UNOFA ME NANNCNFf 20NING BY -.1 sa1w A SONE BIR 511LL WY BE SVyIECl-1p PROIEC,Id: UNDER SiA1E AN0 LOLL WDO CERT aF IIRE (2%Ol BY -IVIS. OETFAMAIpx OF APPDCCBil11T wv BF OBLXNEO MgOUGN —C.: 500~)6. LOT %3 Af�-Iq. A014 B/Sr rPPI9CAT tN 10 1lIE'CON5FA9A1R1N COuu6Si0u.A—uAP n. PAa[Q B.I I. uMtuz wLY DATE SGNED FILE ( R CRAPFIIC SCALE BEING A SUBDIVISION OF LOTS 9ya i 903 8MOWN On LC.C. 5006-)6 BLACKWELL &ASSOCIATES, Inc. PLAN OF LAND PROFESSIONAL LAND SURVEYORS y CIVIL ENGINEERS In N—Wck� , NAA 20 TEASRU CIRCLE pmpn sd for • - w IWRUCKET, k"swNUSERi 02551 (5m) 226 -vols PHILLIP d STONE L.\uR,t I +9e r ..\9wnmuN.9vs-c uw°.z u9/SRn .: www.bl kaellsu rny.com SXEET 1 UP 7 Aa9,e.•a w . i—Ino' B7943 Town of Nantucket Zoning Board of Appeals L/051 LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY ONNWER........ . Steven E Phillip and Carrie A Phillip A2AILING ADDRESS.....c/o Reade, Gullicksen,- Hanl7.,& Gifford, LLP PROPERTY LOCATION..... , , 8 Coffi. Road. , . , , ...... ............... ASSESSOR A4r'ZP(PARCEL..... Map 91, Parcel 9.5 ............... ............. I..................... SUBMITTED BY......... Re.ad.e,..Gullicksen, Hanley. & Gifford, LLP SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B (2)• DATE ASSESSOR'S OF ICE TOWN OF NANTUCKET ❑ ❑ :7 (7 C7 C7 U' a s z z z z z N N O U V ❑❑❑❑ O a a a E. E` a Q 4¢¢ '>> N 3 3 3 3 a 3 W w w w W a 2 Z W N r- N N N Z � fi .] E E E E- > > D D D D D w S S S S x ££ w U V U U W U Z 'Z 0 0Z a aa a W a 4 a Z E F a a a a o a>> a a a c z z O N ££ E£ U£ N 3 2 3 3 3 m Q� v O T v lv C r r Yl ifl �D M N \O q V l0 m M M N �O m 0 ti N N N r O M N M1 N N r T O N N N X F Y 4 Q Q ££££ z 2 fr. £ z E£ F u Z££ E N C7 Z x a a F a G F F E w G E❑ F S N W F a W W N JL a W 0 w :J N w O JL �' z Z a F O JL WY m 0 0 0 .7 0 N V 31 U 3 E+ O U z S D D U O Y W D W U D E- Z U O O FF F N U D F .7 Z E 6 w Z N F F D Z z 4 2 3 d z G Z Y rat a Q Q z z N �.] z F z g 0 Z CUc cal 0a V' N Z m 01 .y N W a Je > ❑ N m a a a > ❑ > i> .W.1 wV' w �G' w W a D a a > ❑ > z w o w a ❑ > m> a a o s a m w Q a z E. 0 ❑ M �O W X U x E N X� O X M Z O O g O O w O z N O O a m 0 E m m a a m 0 m a o m m£ M O m U y 0 0 m O F I N a E ❑ a w h z z o a ❑ W 4 F O O a H z .] a 4 O D N U F Q a x E w F a tEn Q h W E a V G 4 w] Qa F Z E- > F wz m •a a Q h twit z a a 4 7 Z a a V V .7 Y a> W O x w w U a> Z L W W a a ❑ x S£ U F> a m m E. > W F a U U w Mw m O a 4 F m w - N a E a Z D Y X 4 X U a D D E W w W N 4 Z O Z .7 w E c- a OF D a z h 0 .] w£ S w c� Z a .+ 0 z a O Z rl t+ x N 0> z W W> L- W 4 a F a D x O W a O W W x ii N N 12 Q m CD .i O N r r m m rn m rn m m m rn m c� rn m m m 76 LEDOUX BRUCE J II & LINDA J 6 ANGELICA DRIVE SOUTHBOROGH, MA 01772 76 NANTUCKET CONSERVATION FOUND I PO BOX 13 NANTUCKET. MA 02554 91 BRAUMAN RICHARD TRST ETAL WRIGHTS LANDNG HOMEOWNERS 2 GREGLEN AVE PMB # 292 NANTUCKET. MA 02554 91 TOOLE MICHAEL L PO BOX 369 SIASCONSET, MA 02564 91 STONE MICHAEL L ETAL 61 ANTHONY BOULEVARD LINCOLN PARK. NJ 07035 91 SANJENIS MICHAEL & JULIE 1107 5TH AVE NEW YORK, NY 10128 91 WULLSCHLEGER JEANNE S 11872 SE VILLAGE DRIVE TEQUESTA. FL 33469 91 PHILLIP STEVEN E & CARRIE A PO BOX 3085 NANTUCKET, MA 02584 91 COHEN STEVEN L TRST C/O HAASE RANDALL 37 MOUNTAIN AVE MAPLEWOOD, NJ 07040 91 DESMOND MARCIA C TRST MC DESMOND LIVINIG TRUST AGRMNT 333 RICCIUTI DRIVE # 1404 QUINCY, MA 02169 91 BROWN KIMBALL C P0BOX 3100 NANTUCKET, MA 02584 91 LOVELL ROBERT C & CLARA JANE PO BOX 158 EGYPT, TX 77436 91 RENZ JONATHAN H & BARBARA G 79 CIRCLE DRIVE GREENWICH. CT 06830 91 FEENEY DAVID L & KATHLEEN A TRST 7 SEMINARY LANE GRANITE SPRINGS, NY 10527 91 W HEATLEY NANCY 3 P 0 BOX 873 SIASCONSET. MA 02564 9i RAVITZ MICHAEL D & AMY S P 0 BOX 2068 NANTUCKET. MA 02584 91 INF REALTY REVOCABLE TRUST 16 BRIMMER ST APT 2 BOSTON. MA 02108 156133 ifll�ilIlilllililll!Ill;illi►illi'1116111lillilllil!i�llilillll►l�l< 17 00156133 Cert: 25299 Doc: VAR Rnyipcared: 09/07/2017 03:15 PM NAKTUO'K` ;,r._TO`!M, CLERK 2011 AUG I 1 PM i= 58 TOWN QE NANTUCKET BOA" OFAPPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August 10, 2017 To: Parties in Interest and Others concerned with the Deeis-on of The BOARD OF APPEALS in the Application of the following: Application No.: 18-17 Owner/Applicant: STEVEN E. PHILLIIP and CARRIE A. PHILLIP Property Description: 8 Coffin Road 91/9.5 Enclosed is the Decision of the BOARD 6F A PLALS which has tris day been filed with the office of the Nantucket Torn Clerk. An Appeal from this Decision may be raker. pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action, appealing the Decision must be brought by filing a complaint in Nantucket Superior Court or Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clark so as to be received within such TWENTY (20) days. Eleanor W. Antcnietti, Zoning Administrator cc: Town Clerk pla_nn4 -g Beard $ilildin6 Commissioner/.7 c..�. Enforcement Officer r �y PLEASE NOTE: H+ ST SPECIAL PERMITS AND VARIANCES HAVE A T=SS L111IT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTIICKBT ZONING BY-LAW SECTION 135-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-325-7587. 156133 NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 9 i, Parcel 9.5 8 Coffin Road Limited Use General -3 DECISION: Land Court Pian 5004-76 Lot 964 Certificate of Title No. 25299 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July 13. 2017, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of STEVEN E. PHILLIP and CA.RRIE A. PHILLIP, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 19-17: 2. The applicants are requesting relief by Variance under Nantucket Zoning By-law § 139- 32 from the Intensity Regulations under By-law § 139-16, in order to confirm and validate the division of locus, consisting of Lot 964 on Land Court Plan 5004-76, into separate lots as defined in By -taw § 139-2 by virtue of action of the Town of Nantucket in connection with the approval of a subdivision plan of adjacent property and improvement of Coffin Road across locus as a condition of such approval. Locus consists of two lots, as shown upon the plan by Blackwell & Associates, Inc., dated June 12, 2017, a reduced copy of which is attached hereto (the "Blackwell Plan"; Lot A on the Blackwell Plan contains 164,026+- square feet and has road frontage in excess of 200 feet, while Lot B on the Blackwell Plan contains 35,447± square feet and has frontage of 137.53 feet on Coffin Road. Minimum lot area in this Limited Use General ("LUG - 3") zoning district is 120,000 square feet, and minimum frontage is 200 feet. Locus is situated at 8 COFFIN ROAD, and is approximately shown on Nantucket Assessor's Map 91 as Parcel 9.5; title is held by the applicants under Certificate of Title No. 25299 at Nantucket Registry District. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation. Several letters in opposition were received by the Board of Appeals in advance of the public hearing; one neighbor, and counsel to another, presented opposition at the public hearing. 4, As presented by tl;e^^1:c�'.t:te trv�,:S :s shQ,R- Ma f nt , on Lar Court Plan 5004-76 and is traversed by "Coffin Road" as shown with dashed lines upon that plan and prior plans of record. (Coffin Road was originally shown with a solid line separating it from the land on each side on earlier Land Court Plans.) 5. Prior to the approval of the Wright's Landing subdivision (as shown on Land Court Plan 5004-84) by the Nantucket Planning Board, and the improvement of Coffin Road as a paved 156133 access road to the subdivision from Tom Nevers Road to the south, required by the Planning Board as a condition of approval, Collin Road was an unimproved private way (erTectively, a `Taper street), which did not constitute a`Street'within the definition set forth in By-law § 139-2, which reads in relevant portion as follows: STREET... (2) A way shown on a plan approved and endorsed by the Nantucket Planning Board in accordance with the Massachusetts Subdivision Control Law and which has been improved and constructed in accordance with the requirements of such approval. As a way improved in accordance with the conditions of subdivision approval, Coffin Road became a"=eet'within the By-law definition, between Tom Nevers Road and the entrance to the Wrighfs Landing subdivision roadway within locus. 6. The effect of Coffin Roads becoming a roadway, as a result of Town of Nantucket action through approval of the subdivision plan requiring its improvement, was that locus was divided into two lots, because of the definition of'IVL under By-law § 2, as follows: LOT A tract of land in common ownership, including land under water. not divided by a street, which may include multiple parcels of adjacent land in common ownership to the extent necessary to eliminate or minimize zoning nonconformities. Effectively, this Town of Nantucket action constituted a taking of a portion of locus, since the part lying to the west of Coffin Road between the southerly boundary of locus and the entrance to the Wrghfs Landing roadway could no longer be a part of the same lot as the remainder of locus. (The portion of Coffin Road between the Wrights Landing roadway and the northerly boundary of locus has not been improved and thus does not constitute a"Street' within the By-law definition.) 7. Based upon this history, it is clear that locus, although now shown as a single lot on Land Court Plan 5004-76, consists of two "Lots' for zoning purposes. The applicants seek relief by Variance from the intensity regulations contained in By-law § 139-16.A, as set forth above, in order to ratify and confirm this division of locus into two separate lots, for zoning purposes, by operation of iaie By 'y ' FC.'�t •' tC ��tP!^.'L^_P the crah,c of T nt B as a cPn3rate -aa'r'v rG"viSivi".S, ?.:... SyeC: .� r buildable and conveyable lot. 8. Based upon the history recited above, the Board of Appeals found, that Lot B was created as a lot separate from Lot A by action taken by the Town of Nantucket, through the Planning Board, by requiring the improvement of the portion of Coffin Road lying between Lots A and B on the Blackwell Plan in connection with conditions of subdivision approval of a different property. Thus, Lot B would be useless to its owner in the absence of relief, since it cannot be 156133 combined with Lot A because of the By-law definitions of 'Street' and'l-ot'. Accordingly, the Board found that variance relief was appropriate in order to confirm the status of Lot B, because owing to the shape of locus and the Towns action creating a `Street' through it, especiall} affecting locus but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the By-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such bylaw. 9. Accordingly, by a UNANIMOUS VOTE of the sitting Board, the Board grants VARIANCE relief from the intensity regulations of By-law §139-16.A as to lot area and frontage, to confine the status of Lot B as a valid building lot which may be used and conveyed separately from Lot A. Assessor's Map 91, Parcel 9.5 8 Coffin Road Limited Use General -3 Dated: 2017 156133 Land Court Plan 5004-76 Lot 964 Certificate of Title No. 25299 COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the day of ALA, 2017, before me, the undersigned notary public, personall} appeared mark W. Y I 'one of the above-named members of the Zoning Hoard of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signed the foregoing instrument voluntarily for the purposes therein expre ed. IA411 —/—I. Azro ffi ial Signature and Seal of Notarl Public DOR1S C. STRANG My commission expires: j 0 ! o9 4�0 - Notify pwic I 1 ` Nttss=chrsent ,�..,.! Commission Expires Oct 8. 2020 i CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER THE DECISION WAS FILED IN THE OFFICE OF THE TOWN CLERK, AND THAT NO APPEAL HAS BEEN MJM. MiltSIfANTTOGMM LAWS AMEC"" ATTEST: A TRUE COPY 9 NANTUCKET TOWN CLERK 156133 0 0 on ^ C4 N 4 < 4 Q ! ! p cia � O O 4 O i f� 4 / / / f / / t � s.� t It 156133 �ja�� ,n�r+f7.!:.r.•w<. .v.•..tic:.b:u.,.w�a:'r.u.:....ter.....-•.::.-..-•:.n.ww.r-•,. ...:....:....... . ....: ..... _ I C. 2 c p �Tu NANTUCKEf 0 TOINN GLER'. At�2416 APR -9 PM 3: 26 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: March 28, 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 06-18 Owner/Applicant: STEVEN E. PHILLIP and CARRIE A. PHILLIP Property Description: 8 Coffin Road (portion) Map 91, Parcel 9.5 (portion) Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Nantucket Superior Court or Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Eleanor W. Antonietti, Zoning Administrator cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-325-7587. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 91, Parcel 9.5 (part) Certificate of Title 25299 8 Coffin Road (part) Land Court Plan 5004-106 Limited Use General -3 Lot 1027 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, March 8, 2018, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of STEVEN E. PHILLIP and CARRIE A. PHILLIP, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 06-18: 2. The applicants are appealing from a determination by the Zoning Enforcement Officer dated January 29, 2018, which ruled that the maximum ground cover ratio upon locus would be 3% of lot area, or 1,063 square feet. In the alternative, the applicants request relief by Variance under Nantucket Zoning By-law § 139-32 from the maximum ground cover ratio of 3% under the Intensity Regulations in By-law § 139-16, in order to establish the maximum permissible ground cover upon locus as being up to 1,500 square feet. The Locus, an undersized lot, is situated at 8 Coffin Road (portion), is shown as portion of Tax Assessor's Map 91 as Parcel 9.5, and as Lot 1027 upon Land Court Plan No. 5004-106. Evidence of owner's title is registered as Certificate of Title No. 25299 in the Nantucket County District of the Land Court. The site is zoned Limited Use General 3 (LUG -3). 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There was no oral opposition to the application. Three communications from neighbors in opposition were received by the Zoning Board of Appeals in advance of the public hearing. 4. As presented by the applicants, locus is shown as Lot 1027 on Land Court Plan 5004- 106. It was created as a separate lot under the definitions of "lot" and "street" under the Nantucket Zoning By-law as a result of the improvement of Coffin Road pursuant to a decision of the Planning Board, and its validity as a separate building lot was confirmed by the decision of the Zoning Board of Appeals granting variance relief in File No. 18-17, registered as Land Court Document No. 156133. 2 5. Because locus was not in existence as a separate lot at the time that its present zoning of LUG -3 came into existence, the Zoning Enforcement Officer has denied a request by the applicants for zoning approval for improvements with ground cover of about 1,495 square feet (applicable ground cover ratio in LUG -3 is 3%, or about 1,063 square feet upon locus, which has lot area of about 35,447 square feet. Because locus was created by action of the Town, the applicants appeal from the action of the Zoning Enforcement Officer, contending that they are entitled to ground cover of up to 1,500 square feet under By-law §139-35.E(1)(b), and in the alternative request variance relief to enable them to have up to 1,500 square feet of ground cover. 6. The applicants state that they are year-round residents with a family and have designed a dwelling with ground cover of just under 1,500 square feet in order to have adequate living space, pointing out that other dwellings in the area are generally larger. 7. The Board of Appeals determined that the provisions of §139-35.E(1)(b) were inapplicable, because they only apply to lots of record not in common ownership at the time of the zoning enactment with which the locus does not comply, and by UNANIMOUS vote DENIED the applicants' APPEAL, sustaining the decision of the Zoning Enforcement Officer. 8. As to the request for variance relief, the Board of Appeals, by a MAJORITY vote of four in favor (Botticelli, Koseatac, McCarthy and Mondani) and one opposed (Thayer), made the finding that under the unusual circumstances of the creation of locus as a separate lot, as set forth in detail in the decision in File No. 18-17, relating to the shape of the locus and especially affecting it but not affecting generally the LUG -3 district, a literal enforcement of the provisions of the By-law as to ground cover ratio would involve substantial hardship to the applicants, and that desirable relief enabling the locus to have up to 1,500 square feet of ground cover might be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By-law; and, by the same vote, GRANTED the VARIANCE to establish the ground cover upon locus at a maximum of 1,500 square feet. 3 Assessor's Map 91, Parcel 9.5 (part) 8 Coffin Road (part) Limited Use General -3 Dated: March 8, 2018 Nantucket, ss. Certificate of Title 25299 Land Court Plan 5004-106 Kerim 3 V Geoff Thayer r Mondani COMMONWEALTH OF MASSACHUSETTS Lot 1027 On the 41V' day of At7r, t , 2018, before me, the pursuant signed notary public, personally appeared c5LAS I) M c ra r -b ),!� , one of the above-named members of the Zoning Board of Nantucket, Massachusett, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he/she signed the foregoing instrument voluntarily for the purposes therein expressed. DORIS C. STRANG otdry Public: Notary Public ��,,�'� Commonwaaith of Massachauft My Commission Expires: i U I 0,1 lio ZU My Commission Ezpiros octcbar 9, M