The Westchester Borough Planning Commission on Thursday revisited a package of zoning tools aimed at keeping new development close to the street and preserving pedestrian character, including a proposed return to a 0-foot "build-to" setback in the town center and clarifying when developers may avoid on-site recreation by paying a fee-in-lieu.
The commission said the questions matter because recent larger multifamily projects have tilted toward pulled-back facades and surface parking that weaken sidewalks, street trees and pedestrian activity — outcomes the build-to rule is intended to prevent.
Commissioner Alan Burke, who led the discussion, said the build-to line is meant "to reinforce the street, give a priority to pedestrians, to trees, to the walking individuals" and that the commission has considered a 0-foot setback to encourage storefronts and small recessed entries rather than large parking lots at the street. He gave 330 Market Street (Newby's Cafe) as an example of the opposite outcome: a building set back with parking in front.
Other commissioners urged caution. Commissioner Matt Platt said the commission has already amended parking and height rules and that the group should let those changes play out before changing setback rules again: "Let's see how that works before we change another." Platt also recommended clearer language for the undefined term "adjacent," which he said had caused confusion about whether adjacent means adjoining parcels, the same block, or properties across the street.
The commission also discussed how to treat recreation space required under local regulations and the Pennsylvania Municipal Planning Code. Staff and commissioners noted a legal ambiguity when developments provide elevated or private courtyards: state guidance requires recreation space be accessible to the residents of a development, but it does not plainly require the space to be open to the public. Planning staff and Commissioner Tom Esty (staff, referenced in discussion) advised waiting for the borough parks-and-rec comprehensive plan before finalizing local rules on whether rooftop courtyards count and, if they do, whether they should receive partial credit against a fee-in-lieu requirement.
Commissioners agreed to a narrow immediate action: remove a photograph and caption in the design guidelines that currently labels a rooftop courtyard as "public" space, because that example conflicts with the state rules and local intent. Alan Burke said he would draft a motion next week to "eliminate the photo and caption and to eliminate 97a1919" (a short appendix paragraph referenced in the design guidelines) so the guideline no longer implies rooftop courtyards are public open space. That action is procedural and was described as preparatory for a fuller policy decision once the parks-and-rec plan is finished.
Discussion-only: commissioners split between pursuing an immediate rewrite to build-to setbacks and waiting to observe results of recent ordinance changes. Direction/next steps: Alan Burke to draft the motion removing the photo and paragraph; the commission will continue discussion of setbacks and a potential 0-foot build-to line after the borough parks-and-rec comprehensive plan is available. No formal vote was taken at the work session.
Ending: Commissioners asked staff to return further analysis that clarifies "adjacent" definitions and to coordinate with the smart-growth committee and borough council when crafting any ordinance language.