R. Daniel Gladding
102 Ridge Road
Tuxedo Park, NY 10987
Office Phone 845 294-1803
Home Phone 845 351-4653
Email: dangladding@gmail.com


October 29, 2009

Elaine Laurent
Tuxedo Town Clerk
Tuxedo Town Hall
1 Temple Drive
Tuxedo, NY 10987

Re: Comments Made at October 26, 2009 Public Hearing
Tuxedo Reserve Proposed Amendments
Issues Regarding the Library

Dear Elaine:

The following is the statement that I intended to read to the Town Board at the October 26 Public Hearing. However, because a time limit of only 3 minutes was initially imposed on each speaker I only summarized these items in my comments that evening. The 3 minute time limit was increased to 5 minutes only after I completed my comments. Please place these complete comments into the record of the October 26 Public Hearing.

* * *

The original permit which was approved by the Town Board on November 15, 2004 stipulated that the Developer would give one-half acre of land in the Commons area to the Library for construction of a branch or satellite Library so long as the Library provided proof of financing within 12 years of the approval date and that construction started within one year of proof of financing. Otherwise the land would revert back to the Developer.

Since the time of the November 15, 2004 approval there have been changed circumstances at the Library. The Library is now being used at record levels. Our circulation has increased by 38 percent in the past four years. Our current facility is now barely adequate for our current population, let alone any increased customers as Tuxedo Reserve begins to be built. Another changed circumstance is that now any increase in tax funds for the Library must be approved by voters.

It is extremely unlikely that Tuxedo voters would approve the funds needed to build a second Library facility in Tuxedo Reserve until the time that the development is largely built out, the tax base has substantially increased due to the build out, and there are enough voters within Tuxedo Reserve to help gain ballot approval of the necessary building funds. That time is well out into the future.

When the makeup of the Tuxedo Reserve management team was changed several years ago Library representatives met with the new team several times. During those conversations the Tuxedo Reserve people said that their plans had changed and they now planned to pay to construct a building for the Library in the Commons area. The Tuxedo Reserve representatives also said they would transfer that building to the Library if the Library would then provide library services at that facility. At those meetings the Library representatives said that a 10,000 square foot facil-
ity would be needed and the Tuxedo Reserve representatives offered only a 5,000 square foot facility; this difference of opinion was not resolved in those meetings. This plan for Tuxedo Reserve to pay to construct a building for the Library was never put into writing.

In March of 2009 I further discussed the Library situation with Andrew Dance. He said that due to economic circumstances the Developer could no longer commit to building a Library facility although they still wanted to leave that option on the table. He said that the forthcoming proposed revised Tuxedo Reserve plans would give the Developer the option of either: 1. building the facility or 2. transferring the one-half acre to the Library for construction of a Library facility.

In that March 2009 conversation we also discussed the reasonableness of the 12 year “build it or lose it” time limit which began on November 15, 2004. I suggested that this be changed to 10 years from the date of issuance of Tuxedo Reserve’s first Certificate of Occupancy. Andrew said that this sounded reasonable for both sides and that he planned to incorporate this in the Tuxedo Reserve amendments. After our conversation I realized that I should have used a Certificate of Occupancy for a residence as a trigger point but I neglected to do this in our conversation.

Turning specifically to the Applicant’s Version of the “Amended and Restated Resolution Granting Special Permit and Preliminary Plan Approval to Tuxedo Reserve” which was posted on the Town web site a few weeks ago, I have the following comments and requested changes regarding Article XIII:

  • Regarding point A, revise the sentence to read as follows: “The Applicant may, at its option and with Site Plan approval by the Planning Board, construct a library of not less than 5,000 square feet of usable space in a building in the Commons, which shall be a branch of the Tuxedo Library.”
  • Regarding point B, the time frame for a financing commitment has not been changed from the November 15, 2004 approved permit. Five years have now passed with no signs of construction by Tuxedo Reserve. The current draft for point B now says that the financing commitment must be provided by November 16, 2016 – only seven years from now – which is now clearly impractical. The time frame for providing proof of financing in Point B should be changed to 10 years from the date of issuance of the first Certificate of Occupancy for a residence in Tuxedo Reserve.


Thank you for your consideration.


Sincerely,


Dan Gladding

CC: Library Board of Trustees

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