White Plains CitizeNetReporter - Council Grants Garage Underground/Air Development Rights to Cappelli for $2.4MM

In a special meeting of the Common Council Tuesday night, the Council passed unanimously a resolution agreeing to transfer subterranean rights to the third underground level of the new City Center Parking garage to Louis Cappelli for $400,000. They also entered into agreement with him to sell air development rights to him for an additional $2 million over 5 years.

The resolution cleared the way for Frederick Bland’s new parking plan and design for the Martine and Conroy residential tower presented last week. The design for the new apartment towers is scheduled to go before the council for approval December 3.

Foul! Cry Neighboring Owners and Developers-to-Be

The $2.4 million city windfall was opposed by Paul Bergens, legal counsel for Bart Goldberg, owner of the Broadmar building adjacent to the garage, (at Martine and South Broadway). Goldberg complained he knew nothing about this transfer of rights until almost the eleventh hour. Goldberg bitterly opposed acceding underground and air development rights to Cappelli, saying that the council was setting a dangerous precedent, and he urged a closer study of the implications.

He said the resolution denied Broadmar the ability to develop its property without Cappelli approval, charging Cappelli with attempting to control development in the area. Mayor Delfino pointed out that Broadmar had been at the location for sixty years and had not sought to advance plans to develop its property.

City Met Responsibility to Inform

Edward Dunphy, City Corporation Counsel, assured Council President Rita Malmud that Mr. Goldberg need not have been notified personally, because the city was required in any Special Meeting, to simply run an advertisement three days before the meeting regarding any resolutions they were considering at such a meeting. He told Ms. Malmud this was done.

Malmud Curious About Cappelli Motivation

Ms. Malmud questioned Mr. Cappelli on why he was willing to pay up to $2 million, suggesting that Mr. Cappelli had plans to build on top of the garage.

Cappelli cited his need to control what he called “view rights,” and said as part of the resolution, he was agreeing not to build on top of the garage.

William Null, representing Ridgemour Meyer Properties, interested in developing the Main Street A&P parcel of land into a condominium (property adjacent to the Cappelli City Center across Conroy Drive), stated his client’s interest in developing the property next to the garage that Cappelli would own air development rights on. His protest was not as vehement as the Bergens-Goldberg objection.

Null also told WPCNR in the City Hall rotunda that Ridgemour had simply been acquiring properties this fall and was indeed still in the hunt in developing the Main Street former A&P property. He also denied what Susan Habel had told us last week that Ridgemour did not have the financing for their condo tower. Null told the Council his client anticipated presenting plans for their development in January.

Feathered Fan Protests Clear Glass Construction

In a bizarre protest, a bird fancier, Doris Simon, urged the Council to require Mr. Cappelli to install windows with ridged or smoked surfaces that would prevent birds from flying into the towers.

She envisioned massive bird kills from flights of migrating birds flying into the clear class of the towers and dropping dead to the parapets and sidewalks below. She painted a dire picture of anticipated featheredfanticide if Cappelli’s design did not include glass that birds would perceive as a solid, which they would, she said, avoid. She presented documents reporting the evidence of substantial bird kills at the former World Trade Center Towers as evidence for her concern.

The Money Deal

The resolution the council approved has Mr. Cappelli acquiring underground rights to the third lower level of his new garage for $400,000, with him paying $500,000 for air/development rights over the garage the first year.

In the second year, he would pay an additional $500,000 for the air/development rights, with payments of $334,000 in each of the third, fourth and fifth years of the contract.

Levine seems favorable toward present City Center design

Robert Levine, the architect who induced Frederick Bland to contribute his talents to the design of the City Center apartments project at the eleventh hour last September, along with William Rose and Robert Stackpole, was optimistic about the Bland/Cappelli collaboration.

Levine was observed huddling with Mr. Cappelli and discussing the new portfolio of City Center designs with the Super Developer during a break.

When WPCNR asked him what he thought about the newly designed project, Levine told us, "I think we are going to be fine," but when asked to comment further on what he was talking about with Mr. Cappelli, Mr. Levine declined to comment.


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