14 appointed to continue study of Port Chester form-based code

Restraints on committee raise red flags

September 7, 2023 at 12:33 a.m.

Cover of Port Chester’s form-based zoning code adopted by the Village Board of Trustees on May 20, 2020. A newly-appointed committee will study the zoning code over the next four months, focusing on three character districts, and suggest changes to the Village Board.

Since the form-based zoning code was approved by the Port Chester Board of Trustees in May 2020, both the Planning Commission and Village Board have found faults with it—as have many residents who have spoken out at meetings or written their thoughts on social media.

At the behest of Trustee Bart Didden, backed up by the rest of the Village Board, a committee to study and make recommendations for changes to the CD-4 zone (the largest character district in the form-based zoning code) was formed. The Board of Trustees reviewed their recommended changes, adopted many of them and made additional modifications of their own. At the time the board said they would be forming another committee to look further at other zones for possible modifications.

During the summer, the board asked for volunteers to serve on this new committee and appointed 14 members at their agenda-setting meeting on Aug. 30. According to an ad in the Westmore News, letters of interest were due to Village Clerk Janusz Richards by July 7.

Appointees include a former mayor, two former trustees, two former fire chiefs, a contractor, an engineer, a Planning Commission member, a commercial property owner and a handful of involved residents, the majority of whom have been outspoken about the direction development has been going in the village since the form-based code was adopted.

According to the document appointing this committee, dubbed an Advisory Form-Based Code Study Committee, they will undertake further review of the village’s form-based zoning code, to include, but not be limited to, the CD-5 (Urban Center Character District), CD-6 (Urban Core Character District) and CD-6T character districts. The latter is in the vicinity of the train station and is the only section of the village where 15-story buildings are allowed.

The focus of the committee will be to review, comment and recommend proposed changes to the code including building heights, parking ratios, shared parking, green and park space, fees in lieu of parkland, lot lines/setbacks and the design and appearance of buildings. They will serve in a strictly advisory capacity to the village board.

The members are to individually acknowledge that they will serve fairly, honestly and impartially, without regard to personal employment or financial gain, their own social or political position or beliefs and without regard to their own personal and familial benefit.

Language raises red flags

The document approved by the board further states that “each member shall not appear at a public meeting or provide public comments, as a member of the committee or as a citizen, to at any time criticize, question, comment or provide insight about the Board as to its actions on any matter related to the charge of the Committee, unless directed by the Board.”

This paragraph raised red flags for at least one appointee, former Trustee Dan Brakewood. When asked if he had any problem with the wording of the resolution, he responded via email: “Is someone a little paranoid? The fifth resolve,” meaning this paragraph, “seems a bit aggressive.”

Paul Wolff, president of the New York Coalition For Open Government, was concerned about the language in the paragraph cited above, calling it “unusual.”

“There should never be an effort by government officials to muzzle the ability of citizens to question, criticize or comment regarding any issue,” Wolff wrote in an email. “People have a First Amendment right to speak and this important right should not be restricted because one is willing to dedicate their time as a member of a village committee. People are rightfully passionate about zoning issues, and it is important that all voices and opinions be heard, including the members serving on the Form-Based Code Study Committee.”

Wolff added that this paragraph “imposes an improper gag order on committee members” and suggested that a new resolution be passed with the referenced language removed.

Westmore News Publisher Richard Abel brought this troublesome wording to the Village Board’s attention during public comment at their Tuesday, Sept. 5 meeting and received no response from the board.

How the committee will work 

As with the Housing Task Force appointed Aug. 7 by the Board of Trustees, this group is to elect one of its members to be chair, another to be vice-chair to serve in the absence of the chair and a third to be secretary.

Their meetings will be held at Village Hall, be publicly noticed, and minutes of each meeting shall be provided to the village clerk. This was not the case with the CD-4 Committee.

The new zoning code advisory committee is to engage the public for comment as soon as possible.

Wolff praised the Board of Trustees for this aspect of their work in setting up the advisory committee.

“I applaud the Port Chester Board of Trustees for conducting their Form-Based Code Study Committee meetings with public notice, in public, with meeting minutes and their interest in receiving public comment. Too many local governments conduct advisory committee meetings behind closed doors, without public notice and without the taking of meeting minutes.”

To aid their review, the group will be provided the benefit of outside planning consulting services for professional assistance and guidance, as was the case for the CD-4 Committee. Answering the village’s request for proposals, Cameron Engineering was approved by the Board of Trustees for this function at their Aug. 7 meeting, the same firm that guided the CD-4 Committee.

The study group is to finish its work and provide a written report with recommended zoning changes within 120 days from when the members were appointed on Aug. 30—that is, by the end of the year—unless the Board of Trustees elects to extend the deadline.

No initial meeting of this new advisory group had been scheduled as of press time.