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• BOARD OF ADJUS'l'MI,NT - Minutes November 18, 1982 Page 2 #1115. Appeal by Raymond D. Veloff for a variance from required setback from the normal high waterline as provided by Section 11.05 (d) to permit existing location of second story addition to residence at 5127 St. Cyr Road, Outlot #1, CSM 2684 and part of Government Lot #2, Section 6 (T7N- R9E) Town of Westport. IN FAVOR: R. Veloff OPPOSED: Wm. Douglas, neighbor COMMUNICATION: Letter; Westport Town Board and Planning Commission, no objection. #1116. Appeal by Jonathan B. Barry for a Special Exception Permit to dredge, fill and grade within 300 feet of a tributary of the Little Sugar River as provided by Section 11.05 (g) - to improve an existing pond at 9286 Ness Road, NE 1/4 SE 1/4 - Section 31, Town of Primrose. IN FAVOR: J. Barry OPPOSED: None COMMUNICATION: None #1117. Appeal by Bowman Farms, Inc. for a variance from required side yard as provided by Section 10.13 (6) to permit renovation of building at 3089 South Fish Hatchery Road, Part of Lot #13, Maple Lawn Heights, Section 3, Town of Fitchburg. IN FAVOR: Attorney Donald Hue, representing Bowman Farms, Inc; Duane Bowman, Jr. OPPOSED: None COMMUNICATION: Letter; Fitchburg Town Board, in favor. The public hearing was closed. Decisions were rendered as follows: #1111. Motion by Schwahn, second by Purcell to grant a variance of 8 feet, more or less, from the required setback from normal high water line. FINDING OF FACT: 1) . Existing residence is non-conforming as to setback from water. 2) . Proposed addition will be farther back from water than the existing residence. 3) . Addition/alteration to existing bathroom cannot be done without a . variance. CONCLUSION: a) . Proven case of unnecessary hardship. b) . Hardship is caused by the ordinance and is not self-imposed. Motion carried. #1112. Motion by Harvey, second by Schwahn to grant a variance of 525 square feet from maximum permitted size of an accessory building. FINDING OF FACT: 1) . Garage will replace a deteriorated building which has been utilized for storage of garden equipment, etc. , for many years, but now must be replaced. 16 2) . Provisions of ordinance prevent replacement of existing accessory building unless variance is granted. 3) . The residence lot across the street is not adequate for the acces- sory building because of the location of the residence and topography.