Commission wrestles with HO60 overlay: repeal, narrow or tighten design controls?

At the April 6 work session, Planning Commission members spent extended time debating whether to amend or eliminate the borough’s HO60 height overlay district. Thomas Derty proposed removing HO60 outside the retail overlay (and potentially eliminating it entirely) to discourage large, non‑mixed‑use apartment blocks that commissioners said do not contribute active ground‑floor retail.

Derty argued repeal would curb “huge apartment buildings” that dominate adjacent residential areas and said interim steps — such as limiting lot consolidation, requiring stepbacks, or keeping HO60 only where retail overlay protections exist — could be used if full repeal raised legal concerns. Jim Cherry and other members cautioned that a blanket repeal without an alternative framework could invite aggressive redevelopment; several members favored narrower, staged changes (for example, removing HO60 only outside the retail overlay and adding a mandatory stepback in the retail‑allowed areas).

Why it matters: HO60 determines where buildings may exceed baseline height limits, which affects the scale, massing and potential demolition of existing neighborhood fabric. Commissioners said the overlay’s original purpose (to attract redevelopment after past vacancies) may no longer reflect the borough’s current development dynamics.

Next steps: Commissioners agreed staff should draft specific language for the next meeting reflecting a narrow approach (remove or limit HO60 outside the retail overlay while preserving it where ground‑floor retail requirements exist) and to develop a set of stepback/architectural protections that could be applied where higher height is retained. No vote was taken on April 6.