WPCNR COMMON COUNCIL CHRONICLE EXAMINER. By John F. Bailey. April 3, 2006 UPDATED 2:00 A.M. E.D.T. April 4, 2006, UPDATED April 5, 2006: The Common Council after listening to two hours of protest and pleadings from supporters of preserving the properties on Railside Avenue as open space and rejecting sale of the eight lots, ignored them and voted 5-2 to approve the sale of the Railside 8  for $2,912,000.

Council Chambers swelled by Supporters of Keeping Railside Properties Forever Woods. Hopes were dashed by the Common Council Monday evening. Photo, Courtesy Don Hughes.

Asleep at the Wheel: The Common Council was dragging along about midnight last night at city hall, in the longest meeting since 11:30 P.M. was set as the council curfew three years ago, and moved off the Comprehensive Plan Review hearing until May 1, after condemning Railside Avenue to development.  Photo, WPCNR News.

The new, improved Avalon Bay Apart-O-Plex was presented. Hearing was held open until May 1. Photo, WPCNR News.

Benjamin Boykin, Glen Hockley, Robert Greer, Arnold Bernstein and Mayor Delfino voted for, and Rita Malmud and Thomas Roach voted against to carry through the sale.

Councilman Benjamin Boykin said the proposal to put an easement on Lot 1 and resell it has been modified to withdraw Lot 1 (the property withdrawn from the sale sometime prior to the opening of the bids on the properties last Wednesday), saying it will not be reoffered for sale,and will be kept as a buffer on Ridgeway Avenue. Boykin also noted the 20 foot conservation easement on the sold lots 2 through 9 preserved 46% of the 8 remaining properties.

Glen  Hockley said he had to think of all the residents of the city when he cast his vote in favor of selling Railside Avenue lots. Arnold Bernstein said he could not condemn the city to a 20 to 25% tax increase, and therefore he was voting for the Railside sale, too. Robert Greer through his daughter reading his position speech, said the properties had always been thought of by the city as eventually to be returned to the tax roll and he was sticking to his guns.

Benjamin Boykin said he hoped that the new owner of five of the properties, (Joseph S. Petrillo, an attorney and President of All New York Title Agency in White Plains, www.allnewyorktitle.com)  would get together with the neighbors to discuss his plans for the five properties he was successful bidder (Lots 2,3,6,7,8). Boykin said he hoped the other three winning bidders for  Lot 9 (HCG Drywall of Scarsdale), Lot 4 (S & J & J Holding of White Plains), and Lot 5 (Ricardo Tedesco and Frank D'Ambrosio) would also interact with the neighbors and discuss their intentions  for their lots. No winning bidder appeared to be present at the public speakout on Railside Avenue.

In other matters,

The 5 foot setback proposed for The Pinnacle project from Ginsburg Development could not be voted upon because Robert Greer the Council left the council meeting at approximately 10:15 P.M. after the Railside vote took place.

The council then took up the 25,000 square foot air rights transfer matter from 221 Main to The Pinnacle (in order that Mr. Ginsburg could build developer Louis Cappelli's affordable units he owes the city on the 221 Main project). The council at first thought they could not vote on the transfer, but Corporation Counsel, Edward Dunphy dashed to the rescue striding up the aisle saying the 25,000 square foot is a minor amendment to the ordinance, so the Council could vote on it without Mr. Greer's presence, which they proceeded to execute unanimously. The 5 foot setback benefit, according Corporation Counsel Dunphy was also passed Monday night. It was simply not clear at the time.

The Avalon Bay public hearing convened and the changes in the 13-14 story rental project were presented in an exhaustive slide show that rivaled Louis Cappelli in its slickness. Residents following the presentation called for the site to be turned into a park. Tim Sheehan, a resident of Park Circle suggested the town houses on the north end of the site should be lowered from their 6 story height to present a better site line. Thomas Whayatt an attorney for the holdout home owner owning a home on Barker that occupies a niche on the Avalon Bay site, said he would push for his client to have special permits for the swimming pool which is adjacent the home with possibly more setbacks from the pool to the homeowner's property.

With the Common Council falling asleep in their chairs at 12:15 A.M., and the Comprehensive Plan Review Hearing the last item on the agenda, Mayor Delfino asked Robert Levine, representing the Citizens Plan Commitee, there to speak,  what he(Levine) wanted to do at such a late hour, and Levine said he would prefer in view of the hour to postpone to May 1 if the hearing could be first on the agenda. The Mayor agreed. Neither Mary Cavellero, nor John Martin, Co-Chairs of the Comprehensive Plan Review Committee were present for the hearing.