White Plains CitizeNetReporter - Council: Study Waller Decks. Malmud Veto Stymies McMansions, Cappelli

Midnight Special Edition Filed 2/6/02:Rita Malmud refused to agree to allow inclusion of an environmental resolution newly attached to the "McMansions" zoning ordinance, or to allow the new Cappelli site plan compromise to be considered because the paperwork had not reached her until 5:15 PM.

The Council agreed, 4-1, to spend $70,000 on a feasibility study of adding decks to the Waller & Maple Parking lot, over William King's objective.

After meeting until 20 minutes to 1 o'clock in the morning, Monday, White Plains "Short Council" reconvened Tuesday evening in the Mayor's Conference room for what they expected as the weekly routine big Cappelli Change, and to pass finally the "McMansions" new expanded FARs Zoning Ordinance for the outer neighborhoods.

It was not to be.

Paperwork to go with the McMansions ordinance and extensive resolutions executing the Cappelli site plan amendment matter were submitted late Tuesday. The documents for the Cappelli matter were created by the city Corporation Counsel, Edward Dunphy working the night early Tuesday morning and most of the day. Susan Habel came in off a sickbed Tuesday afternoon to finish the McMansions Zoning Ordinance environmental piece (when it was discovered missing), in time for the meeting so the Council could execute the agreed-on agenda from Monday.

Malmud needed time to reflect

Rita Malmud expressed her concern that she had not gotten the new paperwork for the agenda earlier, saying she had only time to review them quickly. She pointed out these were new collateral paperwork items added to the pre-agreed on agenda (which should have been there last night) extended from Monday evening.

The Mayor said he was "learning about working with these continued meetings." The second meetings are made necessary by the unfilled seat on the Common Council.

Mayor Delfino said that the legal work on the new compromise on the Cappelli request for dropping a floor off the Cappelli Center took Mr. Dunphy longer to research case law than expected, because the "parameters" of the Cappelli proposal were just presented Monday, the Mayor said.

The McMansions paperwork consisted of a letter from the Environmental Officer and an EnvironmentalFindings Resolution to be attached to the new anti-McMansions Zoning Ordinance which has been lurking on the Council agenda unchanged since September, 2001. In September, an architect who stands to lose a project in the Highlands if the McMansions ordinance is passed before the Zoning Board of Appeals approves the project, orchestrated a small group of neighbors to protest the new outer neighborhood FAR restructions. The Council, with the election campaign in full swing, tabled it.

Southend neighborhoods have been clamoring for this to be passed and really pressuring the Council to get it done. Once more on Tuesday evening, the same architect appeared. He is designing the subdivision next to Mary Ann Keenan's home in the Highlands that would not be legal under the new FAR's. Tuesday he submitted a letter protesting he needed more time to review the FAR with the environmental resolution. He is currently, at last report redesigning the placement of the garage on the property he is working on to develop, and is due next month on the Zoning Board of Appeals agenda.

The Cappelli paperwork was more extensive, and Mr. Cappelli was present for the second evening in a row to present the plan to the Council.

Ms. Malmud refused to add the new items she had not seen before 5:15 PM to the agreed-on-in-advance agenda.

Malmud is not comfortable reviewing on the spot

"Our rules and laws we're supposed to operate under, we're supposed to publish what we're doing," Malmud scolded the Mayor.

In the first confrontation of the new term between the Mayor and Ms. Malmud, Mayor Delfino quietly asked, "How would you suggest I do it better? It took that long (to create the documents). You think I wanted to give this to you Tuesday at 5:15?"

"Don't take this personally, Mr. Mayor, but when you start adding things we should have had..."

Delfino muttered slowly, speaking slowly, "Every day something changes...every day. We're trying to meet expectations."

Mrs. Malmud concluded the exchange, saying, "Process or procedure is just as important as the end."

Malmud is unyielding. Unanimous vote necessary to proceed. She vetoes

With that the role was called, and Ms. Malmud voted "no" very quietly to adding the new paperage to the agenda. Tom Roach, William King, Benjamin Boykin, Robert Greer and the Mayor voted "yes." An uncomfortable silence followed for 15 seconds, and the Mayor started to proceed, when Mr. Dunphy said, "Mr. Mayor, you need unanimous consent."

The Council requires a unanimous vote in these circumstances to add material to an agreed-on agenda, so Malmud's vote delayed action on these measures.

The Mayor then, showing aplomb and professionalism polled all councilpersons on when they could come back for the third time in the week to pass the McMansions item and finally listen to Mr. Cappelli's minor site plan compromise. The cast-aside matters were agreed on to be taken up Thursday at 5 PM in the Mayor's Conference Room.

Benjamin Boykin however will be unable to attend, so there will be only four Councilmen present plus the Mayor. Mr.Cappelli who has spent six hours in City Hall in two days cooling his heels cheerfully said he'd be there, and declined comment on his hotel romance with the Ritz-Carlton.

Work is Done.

The Council did hear an impassioned plea by Juan Camacho of United Financial Corporation of New York, a business with offices at 5 Waller Avenue. Mr. Camacho told the Council that building more parking was "a must that an expansion of some sort (of parking)" be constructed.

William King said office workers had plenty of unused space in garages at the old Macy's and the Galleria which always have space in them, that they could walk the 3 to 5 long blocks to their offices.

Mr. Camacho did not see it that way at all, saying it was very hard for him to retain $30M to $50M a year office workers if he could not offer them convenient parking. He said the city parking duration limitations forced them to move vehicles to find new parking slots elsewhere in the middle of the day which were hard to find. He also advised that he had to interrupt meetings to feed the parking meters of parked clients.

Tom Roach said he strongly supported the Waller Avenue Constructibility Study before them authorizing $70,000 to determine how many decks could be incorporated into a parking structure envisioned for the openair lot stretching from Kinkos to the Christian Science Monitor offices on the corner of Waller and Maple. "The reality is this is a suburban city, people in this area drive."

Robert Greer admitted, that he too often added to traffic by cruising for parking spaces and supported the measure.

The "Short Council" passed the study, 4-1.

Beth Roach appointed Commissioner of Common Council Commissary?

Tom Roach passed around some brownies and oatmeal cookies made by his wife, Beth, and this was the highlight of the meeting.

WPCNR reports the brownies were tastefully rich and creamy textured with balanced nut-to-cake ratios, not too heavy and not too light. The cookies were of delicate, hearty Pennsylvania Dutch crumb that reminded the consumer of warm country kitchens, counterbalancing sweetness with soul.

Edward Dunphy, Corporation Counsel, is drawing up a resolution appointing Mrs. Roach, Confectionairress to the Common Council.

Upon consultation with the Editor of Westchester County Business Journal, WPCNR has chosen to spell McMansions with one "c."


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