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4. Prior to the issuance of any zoning permits for construction or location of any structure on any condominium units with frontage onto Fish Lake, a development plan signed by a licensed surveyor shall be submitted to the Zoning Administrator. Such plan shall show the location of the current ordinary highwater mark of Fish Lake as established by the Department of Natural Resources, and shall show all applicable zoning setback lines. S. Condominium units 1 through 36 shall be deed restricted with a document acceptable to the Zoning Administrator and recorded in the Register of Deeds, that notifies condominium or land owners that the water levels of Fish Lake may continue to rise, and that their structures could become nonconforming and/or experience flooding in the future. 6. The landowner agrees to use only sand or other non-reactive material, not salt, on roads in the winter and to limit the use of aquatic and terrestrial herbicides and pesticides. 7. The landowner agrees to manage all remaining land within the Fish Lake watershed in accordance with commonly accepted forestry best management practices to protect water quality, wildlife habitat and scenic beauty. 8. The landowner agrees to continue to negotiate in good faith with the Town of Roxbury toward the goal of dedicating a public park or beach on remaining land on the shore of Fish Lake. These conditions are identical to those recommended in the supplementary staff report dated ' 9/2/98. These requirements represent the most reasonable means to effectively mitigate the most serious impacts of the proposed conversion to seasonal use. Additional conditions are not justified in this case because: • The above conditions are roughly proportional to the anticipated impact of conversion of the site from seasonal to year-round use. Additional requirements, such as deed restriction of lands outside the project area, while perhaps appropriate if part of a voluntary agreement by the landowner, might not sustain a legal challenge if mandated by the county. Information provided by the applicant's attorney, Mr. Kaufman, at the 9/17 County Board meeting indicate that the applicant would not be agreeable to such a restriction. • Because of the establishment of a new ordinary highwater mark by the state Department of Natural Resources,the imposition of conditions requiring notification to landowners of the potential hazards of changing water levels of Fish Lake and requirements for detailed development plans, reducing the total number of units allowed on the site, as suggested in a 2/13/98 staff memo, is no longer necessary. • The Summer Place on the Lake Condominium Plat is a legal document, recorded in the Register of Deeds,that fully complied with the letter of the law and all applicable county ordinances at the time it was submitted. Although ideally, such a development should meet the same standards required of a subdivision plat, including comparable densities, this failure represents a flaw in the wording of the ordinance, and is not the fault of the applicant or this particular project. Based on the county's acceptance of this condominium plat,the applicant might reasonably expect that development at the proposed densities would also be