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411,:' BOA MINUTES 7/27/95 Page 8 CONCLUSIONS OF LAW: 1) . 11 . 05 (3) Dane County Ordinance requires a Special Exception Permit for construction of proposed private roadway within three hundred feet of ordinary high-water mark of navigable water and for filling and grading on all slopes, as proposed. 2) . 11 . 09 Dane County Ordinance does not permit the construction of private roadway for residential access across a wetland as defined in 11 . 01 (13) Dane County Ordinance without rezoning pursuant to 11 . 10 Dane County Ordinance and construction of roadway as proposed would violate Shoreland-Wetland district standards set forth in 11 . 06 (1) Dane County Ordinance. 3) . Even if proposed roadway is permitted across this unmapped wetland, Special Exception Permit requirements set forth in 11 . 05 (4) Dane County Ordinance have not been complied with and proposed roadway and bridge violate Shoreland District standards set forth in 11 . 02 (2) and (3) Dane County Ordinance, specifically including but not necessarily limited to: a) . Proposed roadway and bridge are a massive intrusion and bifurcation of a sensitive ecosystem which could and probably will cause: 1) . water pollution from chemicals, oils and salts through vehicular usage; 2) . Unnecessary erosion and sedimentation; 3) . An impediment to the natural surface flow and drainage of the area; 4) . Alteration of ground water recharge and storage capacity; 5) . Impairment or destruction of existing vegetation; and 6) . Impairment or destruction of existing wildlife habitat including spawning grounds, fish and aquatic life. b) . Scope of project and disturbance of area is greater than necessary and is contrary to the public interest which is to preserve a rapidly disappearing natural resource. c) . Intrusion into the Shoreland-Wetland as proposed will adversely impact on its natural beauty. d) . Access to Coray Lane would not intrude into kw Shoreland-Wetland and is preferred access to public road.