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May 27, 1998 <br /> Page 2 <br /> It is important to note that the conditional uses in the RE1 district include rental of residential <br /> buildings to someone other than an employee/employer caretaker on the premises. The building height <br /> limitation allows construction of residential dwellings of 2V2 stories or 35 feet in height. It is <br /> conceivable that something like a time share condominium could be constructed and rented. I believe <br /> that it would be prudent for the town to request that any rezoning of the 14-acre parcel be accompanied <br /> by suitable restrictions defining the specific purposes for which the rezoning will be used. <br /> Addressing the broad concems that are identified in the letter sent to mdlb, I believe that the <br /> memoranda of understanding which have been executed between the Town and Tyrol Basin are <br /> insufficient to protect the long-term interests of the town and its residents. I do not question the good <br /> faith of Tyrol Basin. However, as I already noted. the memoranda of understanding are essentially <br /> unenforceable, in that they are not covenants that run with the land. l <br /> Tyrol Basin may not be a problem today. But it would not take much time for new owners <br /> with aggressive business plans to turn it into something that woul ve a major impact upon <br /> neighbors and indeed, the character of the Town itself. Therefore I recommend that the Town of <br /> Vermont request that Tyrol Basin Corporation enter into a binding set of deed covenants and <br /> restrictions applicable to the entire property, which would have the effect of memorializing the <br /> memoranda of understanding into formal deed covenants that would be enforceable by the To j The <br /> covenants should be phrased in a manner which allows them to be released solely by the Town, and not <br /> by the County over the objections of the Town. <br /> In order to achieve this result, the board needs to decide to pursue my recommended course of <br /> action. After doing so, the Town should contact Tyrol Basin and request that negotiations commence <br /> concerning adoption, execution and recording of suitable covenants. With those covenants finalized <br /> and recorded, we will have some predictability for the future. <br /> Please let me know if you would like me to attend a future meeting of the town board to <br /> discuss this matter with you at greater length. <br /> Very truly yours, <br /> BELL, GIERHART & MOORE, S.C. <br /> / <br /> • <br /> Mark B. Hazelbaker <br /> 045/ta7 <br /> • <br /> cc: Ms. Lori Thein Brody <br />