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BOA Minutes/6/28/90 Page 3 2) . Plans and specifications submitted by professional engineer. 3) . Excess excavated material will be removed from site. 4) . Excavated materials piled around base of trees threatens life of said trees. CONCLUSION: 1) . The project as planned, with specified conditions; will not result in substantial detriment to navigable waters by erosion, sedimentation, impairment of fish or aquatic life, or safe and healthful conditions. Motion carried - 4-0. #1991. Appeal by Mertens Enterprises, agent for Daniel Debraal for a variance from required sideyard as provided by Section 10.05 (7) to permit residence as constructed at 4592 Conestoga Trail being Lot #14, West Ridge Addition to American Heritage - Section 3, Town of Cottage Grove. IN FAVOR: P. Mertens OPPOSED: --- COMMUNICATION: Town Board Rendall/Harvey to hold in abeyance until July Hearing to allow applicant opportunity to approach neighbor regarding the purchase of land to make chimney conforming. Motion carried - 4-0. #1992. Appeal by Charles and Betty Devine for a variance from required setback from road as provided by Section 10.17 (3) to permit garage addition to existing residence at 2342 Uphoff Road in the SW 1/4 SW 1/4 - Section 15, Town of Cottage Grove. IN FAVOR: B. Devine OPPOSED: --- COMMUNICATION: Town Board Quackenbush/Harvey to grant variance of 10 feet from required setback to right-of-way of Uphoff Road to permit garage addition to existing residence. FINDING OF FACT: 1) . Applicant has large lot with virtually no buildable areas other than as proposed. 2) . Adjoining property was granted similar setback variance of 15 feet. 3) . Town is unwilling to grant "access permit" elsewhere on applicant's property. CONCLUSION: 1) . Variance preserves the zoning ordinance as much as possible without injustice to applicant. 2) . Variance is necessary to provide right enjoyed by others. Motion carried - 4-0. #1993. Appeal by Larry Albrecht, agent for William Hastings for a Special Exception Permit as provided by Section 11.05 (3) to permit filling, grading, etc.,. within 300 feet of Sugar River in the SE 1/4 SE 1/4 - Section 3, Town of Montrose. IN FAVOR: L. Albrecht OPPOSED: --- COMMUNICATION: Town Board Harvey/Quackenbush to grant, with conditions, permit for fill/grade for landscape, parking area and drainage after construction of commercial building. CONDITIONS: 1) . That plans and specifications be prepared by a licensed engineer within the scope of the application, and filed with the Zoning Department before commencement of any work.