WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. October 4, 2008 UPDATED 10:35 A.M. EDT: The Common Council resolved its dispute with Cappelli Enterprises over occupancy of the Ritz-Carlton second condominium tower before affordable housing owed on the project was completed by voting 7-0 Friday afternoon to accept a compromise.

In the agreement approved, 4 of the 24 completed units  built in the City Center garage will be "allocated and credited" to the City Center project, and 20 affordable units allocated and credited to the 221 Main project.

To complete Mr. Cappelli's obligation remaining from the City Center project, the council has allowed him to rent  13 similar apartments across the city, in apartment complexes such as Avalon, Bank Street Commons and elsewhere, thus resolving the dispute.

The upshot is that Mr. Cappelli can now receive certificates of occupancy without impediments as he opens the second condominium tower.

Commissioner of Planning Susan Habel advised the media after the vote that the Cappelli organization still owes 13 units to fulfill its obligation of affordable units connected to the City Center project. The organization had owed 16 previously.

By assigning 20 of the 24 units built in the City Center garage to the Ritz affordable housing requirement, 4 units were subtracted from what Mr. Cappelli owes from the City Center project, leaving 12 units to go to fulfill the City Center requirement. She said Cappelli has agreed to build one more, leaving 13 units he must provide. Until those units are built, she said, Mr. Cappelli has agreed to rent comparable amenitied apartments within the city.

Ms. Habel in post vote statement said that the council acted Friday, rather than at Monday evening's scheduled Council meeting, because the Planning Department wanted to begin renting the 24 units now complete in the City Center garage to the waiting list of 400 persons. She advised that persons interested in applying for affordable apartments should contact the White Plains Planning Department, because all renters of the apartments were subject to approval by landlords based on review of their financial qualifications. It became necessary, Ms. Habel, said to allocate the affordable units.

Under questioning by Keith Eddings of the Journal News, as to why the issue had been negotiated in executive sessions, Paul Wood, City Executive officer, said that  the issue of litigation came up in negotiations over the issue.

The agreement approved Friday evening, perpetuates the affordable housing units should the Cappelli organization eventually sell the City Center garage apartments.

Commissioner Habel said where the 13 units would eventually be built by the Cappelli organization within the city was not known. Asked where the 240 Main Street project stood, where it was presumed previously that the Cappelli organization would build theaffordable housing, Ms. Habel said the possibility of the building ever being constructed has been complicated by a bankruptcy of the Rotundi organization which is in dispute with Ginsburg Development Corporation, its former partner, and the litigation continues, blocking construction until that is resolved.