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BOA MINUTES/8/23/90 Page 6 C #2026. Appeal by Mary A. Brennan for a variance from required sideyard and setback from road as provided by Sections 10.17(4), 10.07(7) and 10.16(6) to permit construction of detached residential garage also, for a Special Exception Permit as provided by Section 11.05(3) to permit filling, grading, etc. , within 300 feet of Lake Kegonsa at 2048 Barber Drive being Lot #2, Lincoln Park - Section 26, Town of Dunn. IN FAVOR: M. Brennan OPPOSED: --- COMMUNICATION: Town Board. Quackenbush/Harvey to grant, with condition, variance of 20 feet from required setback to right-of-way of Barber Drive, variance of 4 feet from required right sideyard also to grant Special Exception Permit to fill, grade and retaining wall in conjunction with construction of residential garage. CONDITION: 1). Subject to applicant vacating part of Barber Drive as per request by Town of Dunn. FINDING OF FACT: 1). Severe slope is prohibitive to locating structure elsewhere. 2). Numerous other encroaching structures in immediate area. 3). Town Board in favor with condition. 4). Filling and retaining wall needed to put garage at road grade and stabilize area for construction. CONCLUSION: 1). Variance is necessary to provide right enjoyed by others. 2). Variance is not contrary to rightsaof others or to the public interest. 3). The project'- s• planned•will not_'Spilt in substantial detriment to (11, navigable waters waterd-by-eroslan,--sedimehtiaion, impairment of fish or aquatic _ - life, or safe- and Healthful conditions. Motion carried - 4-0. . • #2027. Appeal by Glen Bestor for a Special Exception Permit as provided by Section 11.05(3) to permit filling, grading, etc. , within 300 feet of Lake Kegonsa being Lot #15, Colladays Point at 2186 Colladay Point Drive - Section 23, Town of Dunn. IN FAVOR: G. Bestor OPPOSED: --- COMMUNICATION: Town Board Quackenbush/Rendall to hold in abeyance until September Public Hearing to allow engineering data materials time to be completed. Motion carried - 4-0. Petitions from previous hearings: #1931. Ballweg - Roxbury - 12/21/89 P.H. Rendall/Harvey to deny requested Special Exception Permit to allow pond construction as completed without required permits. FINDING OF FACT: 1). Department of Natural Resources has denied permit request and is ordering restoration. 2). Applicant damned up drainage way which collects water from surrounding hillsides. 3). Applicant provided no supportive evidence as to benefit of the environment.