2022 Land Use Conference Agenda

The Land Use Law Center’s 21st Annual

Alfred

B.

DelBello Land Use and Sustainable Development Conference

Land Use Under Siege: Revisiting Well Grounded

Welcome

On behalf of the Land Use Law Center, we welcome you to the 21st Annual Alfred B. DelBello Land Use & Sustainable Development Conference. The Annual Conference is a significant educational event in the region, with more than 200 attorneys, business professionals, and local leaders learning about national, regional, and local innovations, challenges, and best practices.

At the Annual Conference this year, we will look at the state of land use law and policy. Twenty years ago, land use was well grounded. Local leaders were able to make steady progress to further environmental protection, sustainable development and the revitalization of cities and urban villages. Through optimistic publications to problem solving, using innovative land use laws, Professor John Nolon championed these efforts. Since then, localities have been challenged to address fair housing, a pandemic, shocking revelations of our racist history, threats of preemption of local power, and the ravages of climate change. The challenges today are much greater than in 2001 when Well Grounded: Using Local Land Use Authority to Achieve Smart Growth was first published. A new approach to properly using local land use power is needed. The conference is dedicated to furthering this exploration and celebrating the prolific body of work of Professor John Nolon. Thank you for joining us for this exciting event!

PRE-CONFERENCE FOUNDER’S AWARD DINNER

Wednesday, December 7, 2022 at 6:00 pm Tudor Room at Elisabeth Haub School of Law

ALFRED B. DELBELLO LAND USE & SUSTAINABLE DEVELOPMENT CONFERENCE

Land Use Under Siege: Revisiting Well Grounded

Thursday, December 8, 2022 at 8:00 am NYS Judicial Institute at Elisabeth Haub School of Law

ABOUT THE LAND USE LAW CENTER

Established in 1993, the Land Use Law Center at Pace University is dedicated to fostering the development of sustainable communities through the promotion of innovative land use strategies and collaborative decision-making techniques, as well as leadership training, research, education, and technical assistance.

Through its many programs, the Center offers municipalities, land use leaders, citizens, advocates, planners, attorneys, real estate industry leaders, and other land use professionals assistance that enables them to achieve their development and conservation goals at the local and regional levels. Its activities provide opportunities for Pace students to gain in depth, practical experience that allows them to become practice-ready attorneys serving private, public, and non-governmental clients.

The Land Use Law Center offers extensive research and consulting services; conferences, seminars, and clinics; law school courses; practitioner and citizen-leader training programs; continuing legal education programs; multimedia resources; and frequent publications on sustainable land use and community development.

Honoring

Professor John R. Nolon, Esq. Land Use Law Center, Elisabeth Haub School of Law, Pace University

Founder’s Award Recipient

Taylor M. Palmer, Esq. Cuddy & Feder LLP Distinguished Young Attorney Award Recipient

Bailey Andree

JD Candidate, Elisabeth Haub School

Law, Pace University Professor John R. Nolon Student Achievement Award Recipient

Wednesday, December 7, 2022 Tudor Room at Elisabeth Haub School of Law, Pace University supported by

of

6:00 – 6:30 pm Registration

6:30 – 7:30 pm

Welcome

Awards Presentation

Jessica Bacher, Esq., Executive Director, Land Use Law Center

Awards Presentation

Paul Beyer, State Director of Smart Growth, NYS Department of State

Noam Bramson, Mayor, City of New Rochelle

Jessica A. Bacher, Executive Director, Land Use Law Center

Tiffany Zezula, Deputy Director, Land Use Law Center

Acceptance of Awards

Distinguished Young Attorney Award

Taylor M. Palmer, Esq., Partner, Cuddy & Feder LLP

The Distinguished Young Attorney Award is presented to a Pace Law graduate who worked closely with the Land Use Law Center and has, since graduation, demonstrated excellent service and commitment to land use law. The award was created on the Center’s 25th anniversary in 2018.

We are pleased to add Taylor to our list of recipients:

2019 — Victoria L. Polidoro, Rodenhausen Chale & Polidoro LLP

2018 — Noelle C. Wolfson, Hocherman Tortorella & Wekstein, LLP

Founder’s Award

John R. Nolon, Esq., Distinguished Professor of Law Emeritus and Co-Counsel, Land Use Law Center

The Founder’s Award was created in the name of Theodore W. Kheel, the great American attorney and labor mediator—renowned for his ability to build consensus and resolve conflicts—who was a major supporter of the Land Use Law Center. The Center bestows this annual award upon an individual or municipality that has worked collaboratively with a community and reinvented democracy to make change happen.

We are pleased to add John to our list of recipients:

2019 — Lester D. Steinman, McCarthy Fingar, LLP

2018 — Richard L. O’Rourke, Keane & Beane P.C.

2017 — Frank S. McCullough, Jr., McCullough, Goldberger & Staudt, LLP

2016 — Robert Feder, Cuddy & Feder, LLP

2015 — Alfred B. DelBello, DelBello Donnellan Weingarten Wise & Wiederkehr, LLP

2014 — John Saccardi, VHB

2013 — Rose Noonan, Housing Action Council

2012 — City of Newburgh – Land Bank/Revitalization Effort Team

2011 — Town of Clarkstown – Comprehensive Plan team

2010 — Andy Revkin, NY Times

2009 — Pamela R. Esterman, Sive, Paget & Riesel P.C. and Rachel E. Deming , Barry University School of Law

Prof. John R. Nolon Student Achievement Award

Bailey Andree, JD Candidate, Elisabeth Haub School of Law, Pace University

The Student Achievement Award was created in the name of Professor John R. Nolon and is presented to a Pace Law graduating student who has excelled in contributing to the mission of the Land Use Law Center.

7:30 – 9:00 pm

Reception & Networking Continue the celebration with Savory Stations and Dessert

John R. Nolon is Distinguished Professor of Law Emeritus at the Elisabeth Haub School of Law at Pace University where he supervises student research and publications regarding land use, sustainable development, climate change, housing insecurity, racial inequity, and the coronavirus pandemic. He is Co-counsel to the Law School’s Land Use Law Center, which he founded in 1993. He served as Adjunct Professor of land use law and policy at the Yale School of the Environment from 2001-2016.

In 2009, he was presented the National Leadership Award for a Planning Advocate by the American Planning Association. The International City/County Management Association presented its Honorary Membership Award to Professor Nolon in 2014, its highest award to a person outside the city management profession for exemplary service to local government. The NY Planning Federation presented him its Lifetime Achievement Award in 2018. The Haub School of Law recognizes him in two ways: the John R. Nolon Land Use Student Achievement award is presented each year at the land use conference and at graduation, and the Pace Environmental Law Review awards the annual Professor John R. Nolon Student Writing Competition to the top three submissions by law students from law schools throughout the nation.

Professor Nolon received his J.D. degree from the University of Michigan Law School where he was a member of the Barrister’s Academic Honor Society. His undergraduate degree is from the University of Nebraska, where he was President of the Senior Honor Society. Before he joined the law school faculty, he founded and directed the Housing Action Counsel to foster the development of affordable housing. He served as a consultant to President Carter’s Council on Development Choices for the 1980’s, President Clinton’s Council on Sustainable Development, New York Governor George Pataki’s Transition Team, and Governor Elliot Spitzer’s Transition Team.

Professor Nolon was named one of two Distinguished Professors in 2014 by Pace University. Previously, he served as the James D. Hopkins Professor from 2009-2011 and the Charles A. Frueauff Research Professor of Law during the 1991-92, 1997-98, 1999-2000, and 2000-01 academic years. He received the Richard L. Ottinger Faculty Achievement Award in 1999, won the Goettel Prize for faculty scholarship in 2006, and was named Outstanding Teacher of the Year in 2016-2017. He is co-author of the nation’s oldest casebook on land use law: Land Use and Sustainable Development Law: Cases and Materials, currently in its ninth edition.

Professor Nolon’s article entitled “The Advent of Local Environmental Law,” published in the Harvard Environmental Law Review, was selected by ThompsonWest’s Land Use and Environmental Law Review as one of the ten best articles on environmental and land use law published in 2002. His article on the origins of smart growth, published in The Urban Lawyer, was also selected as one of the top ten articles in the nation on the topics of environmental and land use law in 2003.

Professor Nolon received a Fulbright Scholarship to develop a framework law for sustainable development in Argentina where he worked from 1994 through 1996. A collection of articles produced as a result of this work appeared in a symposium edition of the Pace Environmental Law Review and was published in Argentina in Spanish. He published nearly 50 articles in the New York Law Journal and over 60 law review articles on various aspects of land use and sustainable development law. An anthology of seven of his articles was published in 2006 as a special issue of the Pace Environmental Law Review. He has produced six books published by the Environmental Law Institute on the topics of land use law, open space protection, local environmental law, managing climate change, and the mitigation of damage caused by natural disasters. His current research focusses on the management of climate change through a strategy known as Climate Resilient Development on which he is working with over 40 Haub land use students.

Distinguished Young Attorney Award 2022 Recipient

The Land Use Law Center is pleased honor Taylor M. Palmer with the 2022 Distinguished Young Attorney Award for his work as a land use and zoning attorney who has demonstrated excellent service and commitment to land use, zoning, and sustainable development law in the Hudson Valley region. As a Partner at the law firm of Cuddy & Feder LLP, Taylor is located out of the firm’s White Plains and Fishkill, New York offices, where he practices in land use and real estate development, zoning, environmental law and related areas. Taylor regularly represents developers, retailers, non-profit entities, religious institutions and individual clients in municipalities throughout the Hudson Valley, including major projects in Westchester, Dutchess, Orange, Putnam, Rockland, Columbia, Ulster and Greene Counties. Taylor is a graduate of Pace Lace School, where he was the Research Assistant at the Land Use Law Center for this year’s Founder’s award and Groundbreaker’s award winner, Professor John R. Nolon. Prior to joining Cuddy &

Feder LLP, Taylor was a District Representative & Grants/ Appropriations Coordinator for U.S. Congresswoman Nita M. Lowey. Taylor was recently selected as a “40 Under 40” 2021 Rising Star by the Business Council of Westchester, and has repeatedly been selected to the list of Metro New York Super Lawyers as a Rising Star (2017-2022) and was recently selected by his peers for inclusion in the Best Lawyers in America: Ones to Watch for the third year in a row (2021-2023).

Cuddy & Feder LLP proudly serves clients in the areas of real estate; public and private finance (including tax-exempt and taxable bond financing); litigation & appellate practice; land use, zoning & development; telecommunications; cannabis law; energy & environmental; non-profit organizations; and trusts, estates & elder law. For over 50 years, we have established ourselves as the leading law firm serving a vast region that includes Westchester, New York City, Connecticut and the Hudson River Valley. Our foundation is local, and we enjoy enduring relationships with leaders, institutions and decision-makers in the communities we serve.

Prof. John R. Nolon Student Achievement Award 2022 Recipient

This award is given at the annual land use conference to a graduating student who has excelled in contributing to the mission of the Land Use Law Center. This year’s recipient – Bailey Andree – is our first awardee and sets a high bar for measuring future student achievement. She has worked with the Center throughout her law school career and is our Senior Land Use Scholar of Housing. She coauthored an article with Professor Shelby Green for the ABA’s Journal on Probate and Property, “The Aerial View of Land Use: Preempting The Locals for Improved Housing Access.”

Bailey serves as Professor Nolon’s Research Assistant where she has supervised the work of over 20 students for the Center’s Land Use, Human Health, and Equity project.

Under her supervision, these students published 40 blogs on land use law solutions to housing inequity, climate change, systemic racism, and the coronavirus pandemic. She was the Director of Land Use and Sustainable Development for Pace’s Environmental Law Society and was recently appointed as a Student Member of the Land Use Planning and Zoning Committee for the New York City Bar Association. She contributed to and edited Professor Nolon’s Vermont Law Review article, “Pandemics and Housing Insecurity: A Blueprint for Land Use Law Reform.”

Bailey is Managing Editor of the Pace International Law Review, which is publishing her note, “The Future of Pandemics: Land Use Controls as Means of Preventing Zoonotic Disease.” She worked for Ernst & Young as a Sustainability Tax Intern and Paul Weiss as an ESG Intern in its Sustainability & ESG Advisory Practice. She is a graduate of the University of Georgia with a Bachelors of Ecology and Minors in Spanish and Environmental Law.

The Land Use Law Center’s 21st

Annual

Alfred B. DelBello Land Use and Sustainable Development Conference

Land Use Under Siege: Revisiting Well Grounded

Thursday, December 8, 2022

Judicial Institute at Pace Law, 78 North Broadway, White Plains, NY

8:00 – 10:00 am Registration and Continental Breakfast

SPONSORED BY

8:15 – 9:45 am Ethics Sessions

Session 1 – JI-Omni Room

Planning Ethics (for Professional Planners)

Join in this session and learn about the AICP Code of Ethics and how it affects planners and the planning profession. Participate in an engaging discussion as the speakers address the implications of the Code through the use of sample ethical scenarios and personal anecdotes. Examine underlying questions of ethics that frequently pose dilemmas for practicing planners in the political context in which they operate and the impacts that may have on the “public interest”.

Peter Feroe, AICP, Technical Director, Planning, AKRF, Inc.

Gina Martini, AICP, ENV SP, Senior Project Manager, VHB

Valerie Monastra, AICP, Principal Planner, Nelson, Pope & Voorhis, LLC

Session 2 – Ottinger Hall 101

Ethics in Land Use: Guiding Principles for Attorneys and Land Use Board Members

This program will focus on how to recognize and resolve ethical issues and avoid conflicts of interest in the land use context.

Steven G. Leventhal, Esq., Partner, Leventhal, Mullaney & Blinkoff, LLP

Victoria Polidoro, Esq., Partner, Rodenhausen Chale & Polidoro LLP

10:00 – 10:15 am Welcome

Jessica A. Bacher, Esq., Executive Director, Land Use Law Center

Tiffany B. Zezula, Esq., Deputy Director, Land Use Law Center

10:15 – 10:45 am Plenary

Keynote Session

Local Land Use Under Siege: Choosing to Succeed

JI-Lecture Hall

JI- Lecture Hall

In 1993, when the Land Use Law Center was created, the challenges were serious, but that the law was fairly well grounded regarding the primary role of local governments as the designers of human settlements and the arbiters of economic development and natural resource protection. That firm ground has been shaken by a stubborn public health pandemic, a housing crisis that threatens local control, the realization that serious equity disparities are endemic, and the daily evidence of worsening climate disasters. Professor Nolon will report on how these unsettling challenges are being faced throughout the country and demonstrating how we are moving to higher ground to respond to these rising crises.

John R. Nolon, Esq., Distinguished Professor of Law Emeritus and Co-Counsel, Land Use Law Center

11:00–12:20 pm Breakout Sessions

Session 1 – Ottinger Hall - 101

Losing Ground: Innovations in Disaster Mitigation and Planning

Society is grappling with extreme events occurring with increasing frequency and greater severity. Local and State Governments face the challenges of planning physical infrastructure, social networks and programmatic responses to efficiently, effectively and equitably address response to and recovery from disasters. This panel will discuss innovations in tools, systems and protocols and describe best practices and exemplary case studies.

Jessica Bacher, Esq., Executive Director, Land Use Law Center

Thomas G. Bourgeois, Director of Distributed Energy Resource (DER) Policies, Land Use Law Center and Director, U.S. DOE’s New York / New Jersey Combined Heat and Power Technical Assistance Partnership

Bomee Jung, CEO, Cadence OneFive Inc.

Jennifer Kearney, Executive Partner and Founder, Gotham 360 LLC

Session 2 – JI-Lecture Hall

Starting Ground to Shifting Ground

This session will take a look at changes in land use and related regulations since the founding of the Land Use Law Center in 1993. During this time communities have adopted a whole slew of new laws including zoning techniques and a myriad of environmental regulations to address new and emerging needs, trends and changing community values. We will review the development of these various laws and specific examples of how current zoning and land use regulations are redefining the planning paradigms of the second half of the 20th century.

Patrick Cleary, AICP, CEP, PP, LEED AP, CNU-A, Principal, Cleary Consulting Lee J. Ellman, AICP, Deputy Commissioner, Planning & Development, City of Yonkers Christian K. Miller, AICP, City Planner, City of Rye Linda B. Whitehead, Esq., Partner, McCullough, Goldberger & Staudt, LLP

12:20 – 2:00 pm Lunch JI-Omni Room Groundbreaker’s Award Presentation JI-Lecture Hall

The Contributions of Professor John R. Nolon in a Nutshell

Patricia E. Salkin, Esq., PhD, Professor of Law and Senior VP, Academic Affairs and Provost, Graduate and Professional Divisions SPONSORED BY

2:00 – 3:20 pm Afternoon Session

Meeting Local Housing Needs

This session will focus on increasing housing production through changes to local government land use and zoning controls and highlighting local governments that are successful in these changes. Panelists will highlight success in single-family district upzoning (duplexes, triplexes, etc.), including revised policies on lot splits on substandard lots, retail district rezoning for multi-family, and newest advances in comprehensive plans and racial impact analyses, to address and incorporate historic patterns and practices of segregation.

Donald L. Elliott, Esq., FAICP, Director, Clarion Associates, LLC Christopher N. Gomez, AICP, Commissioner of Planning, City of White Plains Rhea Mallett, Esq., Mallett Law and LLM Candidate, Elisabeth Haub School of Law, Pace University

Stephen R. Miller, Esq., Professor of Law, University of Idaho College of Law William West, JD Candidate, Elisabeth Haub School of Law, Pace University

3:20 – 3:30 pm Afternoon Break

SPONSORED BY 3:30 – 4:50 pm Law Update Session

Land Use and Sustainable Development: Cases and Materials

For the conclusion of the conference day, we have the shamans of land use law, some who have wandered in from the far corners of the world, like Florida, to divine the future by inspecting entrails, reading palms, poking at tealeaves, thumbing through Tarot cards, and sometimes actually reading all those boring cases. They will tell you what happened, what they as pontificators extraordinaire think it all means (these people are big thinkers), and what you need to watch out for! To top it off, this blatant bunkum and balderdash will be more entertaining than watching some fast-food restaurant applicant seeking a sign variance completely making up bogus claims of “practical difficulty and unnecessary hardship.”

Donald L. Elliott, Esq., FAICP, Director, Clarion Associates, LLC Shelby D. Green, Esq., Co-Counsel, Land Use Law Center & Professor of Law, Elisabeth Haub School of Law Dwight H. Merriam, Esq., FAICP, Attorney at Law Michael Allan Wolf, Esq., Professor of Law & Richard E. Nelson Chair in Local Government Law, University of Florida Levin College of Law Michael D. Zarin, Esq., Partner, Zarin & Steinmetz

5:00 pm Take Me Out to the Ballgame Reception

JI-Atrium

In honor of John Nolon and his love of the Yankees, conference attendees can join Pace Land Use Law graduates and current students to toast the day and celebrate with fun ballgame food and drink.

SPONSORED BY

JI-Lecture Hall

Photo: Ashokan Rail Trail

is committed to serving the New York Metropolitan real estate community.

is the only global law firm with o ces across the New York region in Westchester, Manhattan, New Jersey, and now on Long Island.

WE THANK JOHN NOLON FOR HIS PROFOUND LEADERSHIP IN THE LAND USE ARENA ~ and ~ CONGRATULATE THE 2022 AWARD RECIPIENTS:

JOHN R. NOLON, ESQ., TAYLOR M. PALMER, ESQ. and BAILEY ANDREE

One North Broadway, Suite 400 � White Plains, New York 10601 (914) 421 1800 � www.htwlegal.com

Geraldine N. Tortorella � Adam L. Wekstein � Noelle Crisalli Wolfson

MCCULLOUGH, GOLDBERGER & STAUDT, LLP is proud to support the Founder’s Award Reception

CONGRATULATIONS TO TONIGHT’S HONOREES

Founder’s Award/Groundbreaker’s Award

John R. Nolon, Esq. Distinguished Professor of Law Emeritus and Co-Counsel, Land Use Law Center

Distinguished Young Attorney Award Taylor M. Palmer, Esq. Partner, Cuddy & Feder, LLP

Professor John R. Nolon Student Achievement Award Bailey Andree

T hanks Home boy

The Nolon Family congratulates Dad and Grandad John R. Nolon on his award and for lighting the path toward a sustainable future for us all

In recognition of JOHN R. NOLON

We’ve covered the results of his efforts for smart growth, local land use, sustainable development, climate change, housing insecurity and racial inequity as a distinguished author and professor at the Elisabeth Haub School of Law at Pace University and join in celebrating his well-deserved honor.

Dee DelBello Publisher