WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. August 8, 2006: The Common Council as expected last night voted to table a proposed new local law which would license owners of air guns, and subject nonlicensed gun holders to fines.

The council also approved on the consent agenda  the Ginsburg Development Corporation proposal to raise the height of The Pinnacle project to 27 stories (28, including the mechanicals), while reserving decision, according to Councilman Benjamin Boykin, on the affordable housing arrangement Mr. Ginsburg has to build his 52 units of affordable housing.

Boykin said the Council is giving Ginsburg time to work out his financing with the county, otherwise, Boykin said the affordable housing that the Ginsburg project will be building for fellow developer Louis Cappelli would revert to being Mr. Cappelli's responsibility.

Boykin said on the Council television cablecast,  that Ginsburg is attempting to obtain  financing but that "time was of the essence," that the council was giving the developer time. Ginsburg, according to the Westchester County Business Journal is seeking performance bond financing from the Westchester County Industrial Development Agency. The performance bonds would guarantee his building the affordable housing piece (52 units), and allow the Common Council to waive the restriction that the affordable housing Louis Cappelli owed as part of his 221 Main Ritz Carlton project approval had to be opened before Cappelli received a certificate of occupancy for the posh hotel, the first tower of which is looming over Main Street.

Cibelli: County Holding up Pinnacle for Senior Housing Approval

Earlier, during the Citizens to be Heard segment of the monthly Common Council meeting, Cass Cibelli, the Republican candidate for the remaining one year term in the deceased Robert Greer's term ( Cibelli is opposing Dennis Power, the interium appointee to Greer's seat), spoke out accusing Westchester County of holding up IDA performance bonds for the Martin Ginsburg project as the price for White Plains agreeing to the County senior housing project on the former post office parking lot. In an interview with WPCNR, Cibelli said: "It's just not right. I propose that the county has put pressure on Ginsburg in order to get the city to the table concerning the old post office site.  Something's going on and I don't like it."

WPCNR asked him how he thought the county was pressuring Ginsburg, Cibelli said, "I'm not quite sure. Their IDA not seeing through the Pinnacle proposal, the senior housing,  and leaving it up to the city and the urban renewal agency to get it off the ground doesn't make sense to me. Here they (the IDA)  had the opportunity to support Ginsburg, to have the affordable housing built  where it was needed -- whether they applied pressure I don't know."

WPCNR asked if Cibelli thought the county was holding up approval of the Ginsburg performance bonds because of the position the city has taken opposing the county rental of the Grand Avenue Post Office lot to a private developer to build senior housing. Cibelli said, "It goes back to the (Rob) Astorino campaign and the Mayor (Delfino) lightly supporting changing the county policy towards the drop-in shelter at the airport. I think this is retribution. This is all vindictive policy and it's wrong."

Cibelli told WPCNR the IDA should approve performance bonding for Mr. Ginsburg, and also said "We (White Plains) should have our own IDA and we shouldn't have the county meddling in the affairs of the city."

Cibelli also said Dennis Power "cannot be in service of two masters. He must make a decison (between continued employment with the county and being a White Plains Common Councilman.)

Wyndham Close 5, North Street Community, 1 (at this time)

In the main event, the hearing on the senior condominium-office complex-assisted living facility proposed for the St. Agens Property by North Street Community,  residents of Wyndham Close overwhelmed supporters of the project with repeated objections to the project's height (7 stories), location of the residences, and the density of the project.

Despite professing support for senior housing in White Plains, the Wyndham Close residents wanted the project cut back in size drastically, without saying what size would be acceptable. A handful of speakers supported the project because the developer has promised to keep the Carvel Rehabilitation Center for disabled children on the site.

Another issue raised was the precedent the creation of a senior citizen zone would set. Marc Pollitzer, the tireless defender of city zoning, said other developers were watching the council on the creation of this zone, saying that Burke Hospital and New York Presbyterian Hospital would move to create just such a special zone for their own advantage.

Council is Suddenly Concerned.

The onslaught of opposition succeeded in producing a groundswell of objections and reservations by five members of the Common Council. Benjamin Boykin said, "the project is too high, too dense, and it needs to be scaled back." Boykin also said he was surprised to learn North Street Community had applied for a "tax cert." Rita Malmud said she liked the project for the site but made a number of vague objections on height, age eligibility of potential condo owners.

Glen Hockley was more circumspect, saying the project needs to be looked at and discussed but said to Wyndham Close residents that they had been heard.  Arnold Bernstein said he felt there was a veiled threat by the developer within the DEIS statement that the Carvel Rehabilitation Center might not survive if the project were to change. New Councilman Dennis Power went into a lengthy criticism of the project size, and the traffic it would create.

Councilman Thomas Roach, brought the council back to reality by pointing out the council was there simply to close the DEIS hearing tonight, not vote on the project. He voiced concerns about the density, but stressed it was important the council consider the impact on all the city, not just the neighborhood immediately adjacent the St. Agnes property (Wyndham Close).

It was not a good night for C. J. Follini, the North Street Community partner, who asked the council to approve the project as submitted, noting most of all it would put the property back on the tax rolls, and serve the growing need for senior housing.  He was staring five perfectly clear "No" votes in the face. It is most unusual for the council to voice its opinion one way or the other on a project at the closure of the DEIS hearing. This was the first time in the year that the nature of the project has been known, with its site plan shown to the council numerous times,  that the council has stated fierce opposition to the scope of the project. Follini has said all along that the size of the project was necessary for its viability.

The Commissioner of Planning detailed the process that was next. The DEIS (Draft Environmetal Impact Statement) hearing tonight would be closed, which the Council promptly did after the councilpersons noted their feelings on the project as outlined above. The Commissioner of Planning said there would be a 10 day written comment period, then the developer would prepare a Final Environmental Impact Statement and the council would with help of staff prepare a Findings Statement prior to final decision on the project. The Commissioner said the process would take about three months.