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FORM-BASED CODE ADVISORY COMMITTEE (CD-5, CD-6, CD-6T)
Minutes of 4/11/24 Meeting
Time and Place: 6:00 P.M., Port Chester Senior Center, 222 Grace Church St, Port
Chester, NY
Attendees: Greg Cutler (Planning Director), Curt Lavalla (Assistant Planning Director),
Tony Cerreta, Adrienne Conca, Michael De Vittorio, Richard Falanka, Frank Ferrara,
Monica Fonseca, Ruth Hiensch, Dan Paniccia, Ralph Rossi, Paul Zaccagnino.
Absent: Dan Brakewood, Kevin McFadden
Meeting opened at 6:05pm with motion by Richard Falanka, seconded by Frank
Ferrara.
Meeting minutes from March 7, 2024 were approved by a motion from Richard Falanka,
and seconded by Frank Ferrara
The Committee agreed to go through each page of draft report to determine potential
edits, and vote on changes for final draft.
Page 1: Introduction
Committee agreed to including in the final report an appendix of all public and written
comments from the January 10, 2024 public input session. Committee agreed to
change wording to include that all meetings were open to the public.
Page 2: Zoning Districts 1.1 Existing Conditions 1.1.1
Committee agreed to amend the verbiage to include “as written in the current Form
Based Code” in the section describing existing conditions.
Capitalization of thoroughfares was questioned and it was explained that the definitions
were taken directly as written from the existing Form Based Code.
Special Note regarding CD-5W Urban-Center Waterfront Character District
The Committee agree not to include verbiage regarding two distinct zones in the
CD-5W, but instead to recommend another committee be created to review the CD-5W
and make their own determination.
Page 3: Committee Recommendations 1.1.2
One member asked the Committee to read and understand the paragraph that talks
about how our recommendations are not aimed to impact development momentum in
the Village.
Page 4: Building Heights 1.1.2.1
One member thinks we should keep the maximum height in CD-6 at 12 stories.
Another member asked if someone disagreed with one part will there be a dissenting
opinion prepared for the BoT. Curt Lavalla explained that when this goes on the BoT’s

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agenda, all members will be allowed to attend, be encouraged to comment, and include
their own personal written comments, separate from the Committee’s final report. That
will be the opportunity to give dissenting input, but the final report is based on majority
vote by the Committee.
One member asked if we would be voting on each section or on the whole document.
Several Committee members expressed in past meetings that they wanted to vote on
the final product and not on individual items. The Committee agreed to vote on each
individual change.
Building Heights Recommended Changes 1.1.2.2
CD-5: 11 yeses in favor of recommendations
CD-6: 7 yeses in favor of recommendations and 4 no (Ferrara, Rossi, Cerreta, Paniccia)
CD 6T: 9 yeses in favor of recommendations and 2 no (Ferrara, Dan Paniccia)
Page 4 Lot Width 1.1.2.3
Maximum width is only listed on CD-6T which may have been an oversight in the
document. Should there be a maximum lot width? Greg Cutler believes this was a
clerical error/editing issue.
11 yeses in favor of recommendation.
Page 5 & 6 Setbacks 1.1.2.4
CD-5: Long discussion was had on corner setback, which is included in the front
setback section of recommended changes. It is felt that the changes should apply to
corner lots specifically, for reasons of line of site on corners. Committee was in favor of
removing the delineation of setbacks for larger heights as well, and feels the setbacks
should exist regardless of building heights. Committee agrees to have staff determine
particular verbiage on Front Setbacks and to have staff consult with the Board of
Trustees on particulars of setbacks recommendation. 11 yeses in favor of change.
Side setback: 11 yeses in favor of removing side setback recommendations.
Rear setback: Should be changed to10 ft min or 15ft from center line of Rear Alley
11 yeses in favor of change.
CD6: Same as above
CD 6T: Same as above
Page 6 Step-backs 1.1.2.5
The Committee was in favor of revising the recommendation to start after the 4th story.
CD 5: Should be changed to 10ft
CD 6 & CD6T should stay at 15ft
The Committee is open to changes and is in favor of including a more generic
recommendation in the notes as well with regard to the BoT conferring with staff on

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specific footages, but wants to definitively see an architectural step-back after four
stories to alleviate the looming feel of taller buildings at street level. 11 voted yes on
these changes for the recommendation.
Page 7 & 8 Zoning District Boundary Changes 1.1.2.6
Adjustments to verbiage on lower King St were discussed. The changes need to reflect
downzoning to CD-5 on the other side of Palace (entire block, both sides of Palace, with
exception of the section on N. Pearl St) and the map will need to change as well to
reflect that. 11 voted yes on that change.
Poningo to Palace from Irving to Bush Ave/Summerfield should be down-zoned to CD-5
on verbiage and the map
11 voted yes on that change.
Page 9 William St change to CD4MU 11 voted yes on that recommendation.
Page 10 Beech St change to CD4MU 11 voted yes on that recommendation.
Zoning District Boundary Changes Add-on Request:
Richard Falanka made a motion, seconded by Frank Ferrara, to change the Northside
of Franklin St to CD4 from CD3 R.5 based on a prior meeting between Frank Ferrara,
Richard Falanka, and Mike Di Vittoria with Curt Lavalla, and discussions at 3 prior
Committee meetings. 7 votes yes to add that as a recommendation, 1 abstained and 3
voted no.
Page 11 Density Bonuses 1.1.2.7
Request was made to add option 2 for affordable housing that was discussed at the
March 7, 2024 meeting:11 voted yes to this change.
To achieve 1st density level-half the total affordable units must be at 50% AMI
To achieve 2nd density level-all affordable units must be at 50% AMI
Request was made to make the verbiage clear that these are options, and not that each
item needs to be achieved in order to achieve the density bonuses. 11 voted yes to this
change
Request was made to add to density bonus the option of paying a fee to create micro
parking. 11 voted in favor of this change.
Request was made to add verbiage to parkland option that includes a dollar figure for
additional payment in lieu fee between $35,000-$40,000 per unit to achieve a density
bonus. 11 voted in favor of this change.
Request was made to include the option of developers paying for pocket parks on
adjacent land as a density bonus option. 11 voted in favor of this change.
Miscellaneous Add-on requests not included in draft report:

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Request was made to add a Yonkers study on affordable housing percentage increases
previously sent by a Committee member via email. One member stated they did not
want this added to our report as it does not reflect the work of the Committee. It was
suggested that it be submitted as a personal public comment by the Committee member
requesting its addition to the report. 10 voted against adding this study 1 voted yes.
Request was made to add a mitigation table prepared by developer Kevin Leahy that
was submitted the day before via email by a Committee member. 10 voted against
adding this table, 1 voted yes.
Request was made to add parking ratio study by AECOM, emailed to the Committee the
day before by a Committee member. 10 voted against adding this table, 1 voted yes.
Page 11 Additional Code Recommendations 1.1.2.8
1.1.2.8.1 Spanish Translation of the Form Based Code, our final report, and all other
zoning documentation. 11 voted yes to this recommendation.
1.1.2.8.2 Architectural Review Board being reconstituted. The Committee voted in a
prior meeting and reaffirmed their vote. 11 voted yes to this recommendation.
Page 12 General Code Recommendations 1.1.2.8.3
Request was made to add nuanced phrase that once the PSC water case is resolved
the committee wants to recommend the recommended sunset clause. Committee
members voted 6 to 5 not to add this additional verbiage.
Items Requiring Further Study 1.1.2.8.4
A request was made to add bullet points to emphasize the importance of a uniform
excel sheet of mitigation fees and impact studies. 11 voted yes to this change.
Voting for absent members was discussed and it was agreed that their votes could be
registered via email, as well as final voting for changes discussed in this meeting. 11
voted in favor of this.
All other items in the draft report not discussed for edits were approved by Committee.
The Committee agreed to Greg Cutler sending the final edited report to Chairperson
Monica Fonseca and allowing her to respond on behalf of the Committee. Chairperson
Monica Fonseca has further agreed to send the final version to all Committee members,
including those not present for this meeting, for their review and approval before signing
off on the final report to be then submitted to the Board of Trustees. 11 voted yes to this
agreement.
Meeting closed at 8:03pm with motion by Frank Ferrara, seconded by Richard Falanka.