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BOA 10/22/92 Minutes Page 3 3). That there be filed with the Zoning Department a certificate of compliance by a licensed engineer at the completion of the project. 4). Permit valid for 60 days from approval. FINDING OF FACT: 1). Material is proposed to remove 2 spoil piles out of shoreland zoning district. 2). Project is in conjunction with proposed road construction for future development. 3). Engineering to be submitted prior to any earth moving activity. 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 - 3-0. Appeals from regular scheduled public hearing: #2276. Appeal by Hung Nguyen for a variance from required sideyard as provided by Section 10.07(7) to permit construction of residential garage at 380 Munn Road in the NW 1/4 SE 1/4 Section 36, Town of Madison. Cr' No appearances - no action. #2311. Appeal by Dennis Klopping for a variance from required setback from road as provided by Section 10.17(5) to permit single family residence as constructed at 5869 Lochinvars Trail being Lot #7, Skyline Terrace - Section 9, Town of Medina. No appearances - no ation. #2312. Appeal by Everett De Groff for a variance from required setback from road as provided by Sections 10.17(4) and 10.16(5)(b) to permit upper level deck addition to existing residence at 300 Powers Avenue being Lot #9, Block #7, 1st Addition to Elisha L. Gallagher Plat - Section 5, Town of Blooming Grove. IN FAVOR: P & E DeGroff OPPOSED: --- COMMUNICATION: -- Gaskill/Lynch to grant with condition variance of 4.1 feet from required setback from Worthington Avenue to permit 4 x 12 stoop/deck. 1-2. Lynch and Dreps, no. Motion failed. Dreps/Lynch to grant, with condition, 6 x 12 stoop/deck as requested by applicant. Motion carried - 2-1. Gaskill, no. CONDITION: 1). Grant is subject to applicant obtaining a certificate of compliance regarding 2 family use of residence. FINDING OF FACT: 1). Second story deck to serve as roof, to retard ice and snow build-up for first level entry. 2). First level stoop/entry extends up to, even into right-of-way of (WA. Worthington Avenue.