The Land Use Law Center’s 15th Annual
Alfred B. Delbello Land Use and Sustainable Development Conference
The Economics and Equity of Sustainable Development December 8, 2016
THANK YOU TO OUR CONFERENCE SPONSORS BREAKING GROUND SPONSORS
WELL GROUNDED SPONSORS
GAINING GROUND SPONSORS
McCarthy Fingar LLP
Counselors at Law
NEW GROUND SPONSORS
LUNCHEON SPONSORS
RECEPTION SPONSORS
MORNING BREAK SPONSOR
The Land Use Law Center’s 15th Annual Alfred B. Delbello Land Use and Sustainable Development Conference
The Economics and Equity of Sustainable Development WELCOME The 15th annual Alfred B. DelBello Land Use & Sustainable Development Conference is a significant educational event in the region, with more than 250 attorneys, business professionals, and local leaders learning about national, regional, and local innovations, challenges, and best practices. This year’s theme of the conference is The Economics and Equity of Sustainable Development. The Conference will discuss transformative land use, zoning, and sustainable development laws and policies that are shaping communities in the Tri-State Region, as they respond to current challenges, focusing on the importance of recognizing all three legs of the sustainable development stool: the economy, the environment, and equity. Sessions will explore the trends and innovations—like demographic shifts, climate change, resiliency, equity and economic forces—that are likely to affect the future of the region. The Conference will bring together national, regional, and local land use experts to highlight the best practices and tools needed for the future Thank you for joining us for this exciting event!
ABOUT THE LAND USE LAW CENTER Established in 1993, the Land Use Law Center at Pace Law School 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 students of Pace Law School 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.
CONTINUING EDUCATION SPONSORS
8:00 – 10:00 am Registration and
Continental Breakfast JI-Rotunda
8:30 – 10:00 am
Land Use Ethics Workshops
Session 1 – JI-Omni Room Planning Ethics in Sustainable Development—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, Senior Project Manager, VHB Valerie Monastra, AICP, Director of Planning, VHB Bonnie Von Ohlsen, AICP, RLA, LEED Green Assoc., Director of Environmental Planning, JMC Planning Engineering Landscape Architecture & Land Surveying, PLLC
Session 2 – Ottinger Hall-101 Ethics in Land Use: Guiding Principles for Attorneys and Land Use Board Members This program for attorneys and land use board members will focus on how to recognize and resolve ethical issues and avoid conflicts of interest in the land use context.
Steven M. Silverberg, Esq., Partner, Silverberg Zalantis LLP Lester D. Steinman, Esq., Partner, McCarthy Fingar LLP
10:00 – 10:10 am
Opening Remarks
JI-Lecture Hall
Jessica A. Bacher, Esq., Executive Director, Land Use Law Center Tiffany B. Zezula, Esq., Deputy Director, Land Use Law Center
10:10 – 10:40 am
Plenary Session
JI-Lecture Hall
Displacement and Fear of Displacement from Gentrification While the relationship between gentrification and displacement is complex and not as well understood as we need it to be, people from all around the City are worried about the possibility of displacement. Commissioner Been will discuss how displacement and fears of displacement are affecting public debate about development, review what the City is doing to prevent displacement, and talk through some of the challenges in designing and implementing effective solutions.
Vicki L. Been, Esq., Commissioner, NYC Housing Preservation & Development
10:40 – 11:00 am
Break
11:00–12:30 pm
Breakout Sessions
Session 1 – JI-Lecture Hall The Practicalities of Form-Based Codes Want to get past the jargon and into the realities of form-based zoning? This session will highlight the practicalities of a successful form-based code, including the opportunities and challenges it can present for municipalities. Participants will gain insight into selecting appropriate areas for form-based coding, the crucial need for strong planning in those areas, and how to integrate form-based zoning tools into an existing regulatory framework. Examples discussed will draw on the speakers’ experience from throughout the country, as well as an exciting hybrid (form and traditional) Unified Sustainable Development Ordinance now being developed for Albany, New York. Panelists will discuss how form-based codes have been used to revitalize downtowns and walkable urban neighborhoods, lessons learned, and pitfalls to avoid in drafting and administering a form-based code.
Victor Dover, FAICP, LEED-AP, CNU-Accredited, Principal, Dover, Kohl & Partners Don Elliott, Esq., FAICP, Director, Clarion Associates
Session 2 – Ottinger Hall-101 Affordable Housing, Opportunity and CommunityBuilding: Challenges of Meeting Lower Income Housing Needs and Rebuilding Distressed Communities in the Hudson Valley How and where to create affordable housing, and for whom, is a constant challenge, especially in the Hudson Valley where it is in particularly short supply. Questions of whether to prioritize areas of opportunity or revitalization of distressed communities, how to further fair housing goals in light of recent federal policies, and which populations to serve, are being asked across the region. In light of the concentration of affordable housing in distressed cities like Newburgh or Poughkeepsie, should future housing be directed toward areas of opportunity or toward goals of revitalization? Should affordable housing be targeted toward workforce housing, or housing for very low income households? This session will explore these and other questions critical to building future affordable housing strategies in the Hudson Valley.
William G. Balter, President, Wilder Balter Partners, Inc. Alan Mallach, FAICP, Senior Fellow, Center for Community Progress Rose Noonan, Esq., Executive Director, Housing Action Council
Session 3 – Ottinger Hall-201 Shining Light on Solar Development in New York Panelists will discuss recent changes in New York State solar policy and the impacts on local solar development, including the solar market and incentives, tax exemption, Model Solar Zoning Law, and shared solar developments. Case studies will be presented that illustrate the key issues associated with siting from the developer and the municipal perspective.
John Cappello, Esq., Partner, Jacobowitz and Gubits, LLP Jonathan L. Feinstein, Senior Vice President, Energy, VHB Jeff Irish, PE, President, Hudson Solar William Oberkehr, NYS Solar Ombudsman, Sustainable CUNY – CUNY Solar Team
12:30 – 2:00 pm Lunch –
Keynote and Award Presentation
JI-Omni Room
Luncheon Keynote Address Sustainable Nation: Patterns to Ignite Equity in our Democracy Doug Farr, FAIA, LEED AP, President, Farr Associates
2:00 – 3:30 pm
Breakout Sessions
Session 1 – Ottinger Hall-101 Sustaining Places Hear about Westchester communities that are taking seriously the call to elevate and solve human settlement issues related to sustainability—how places can be sustained and how they sustain life and communities. This session will feature recent winners of the Westchester Municipal Planning Federation’s annual Planning Achievement Awards: The Town of Cortlandt’s 2016 Sustainable Comprehensive Plan and The Prelude at Brookfield Commons affordable housing project in the City of White Plains.
Linda D. Puglisi, Town Supervisor, Town of Cortlandt Thomas M. Roach, Mayor, City of White Plains Michelle Robbins, AICP, Senior Planner, Town of Cortlandt Andrew V. Tung, ASLA, Esq., LEED AP, Partner, Divney Tung Schwalbe, LLP
Session 2 – JI-Lecture Hall Development “Chiropractics”: Adjusting to the New Downtown This panel will discuss flexible design concepts in suburban and urban contexts, addressing current economic trends and the realization of planning theory into a successful development for your downtown.
Nanette Bourne, Esq., Senior Vice President, AKRF, Inc. William V. Cuddy, Jr., Executive Vice President, CBRE, Advisory & Transaction Services Anthony B. Gioffre, III, Esq., Partner, Cuddy & Feder LLP Christopher N. Gomez, AICP, Commissioner of Planning, City of White Plains William S. Null, Esq., Partner, Cuddy & Feder LLP Lucy Wildrick, Partner, Political Process, Street-Works
Session 3 – Ottinger Hall-201 Rising Tides: Preparing Our Coastlines Panelists will discuss national best practices and resources for coastal planning and resiliency. Attendees will learn directly from state representatives about current policies and programs that all local leaders need to know. Practical local plans and strategies will be showcased.
James T. DeWeese, Esq., Fellow, Harrison Institute for Public Law, Georgetown University Law Center David M. Kooris, AICP, Director, Rebuild by Design and National Disaster Resilience, State of Connecticut Department of Housing Nina S. Peek, AICP, Vice President, AKRF, Inc. Kris Van Orsdel, Managing Director, Infrastructure & Local Government Programs, NY Governor’s Office of Storm Recovery
3:30 – 3:45 pm
Break
3:45 – 5:15 pm Case Law
Update Session
JI-Lecture Hall
Judicial Challenges to Land Use Decisions In this session, national legal experts will discuss several recent land use cases, including the legality of mandatory affordable housing requirements, the vulnerability of existing zoning to discrimination challenges under the Fair Housing Act, shifting judicial standards for determining what is a regulatory taking, and preemption issues. Also discussed will be judicial standards in New York governing the conduct of local land use boards.
Donald L. Elliott, FAICP, Director, Clarion Associates, LLC Dwight H. Merriam, FAICP, Esq., Partner, Robinson & Cole LLP John R. Nolon, Esq., Counsel, Land Use Law Center & Professor of Law, Pace Law School Michael Allan Wolf, Esq., Professor of Law & Richard E. Nelson Chair in Local Government Law, University of Florida Levin College of Law MODERATOR: Michael
5:15 – 6:30 pm
D. Zarin, Partner, Zarin & Steinmetz
Wine & Cheese Reception
JI-Rotunda
Please join us for a reception at the conclusion of the conference. Reconnect with alumni; meet speakers, fellow attendees, and students; and unwind with a selection of California wines, artisanal cheeses, charcuterie, crackers, fruit, and crudités.
GROUNDBREAKER’S AWARD RECIPIENT
Suzanne Smith The Land Use Law Center is happy to announce that this year’s recipient of the Groundbreaker’s Award is Suzanne Smith from the Village of Hastings-on-Hudson. The Groundbreaker’s Award is given to a graduate of the Center’s Land Use Leadership Alliance (LULA) Training Program who has done exemplary work in a community or region using the types of land use and decision-making tools and techniques taught in the LULA program. Sue Smith was selected from a prestigious group of other past LULA graduates nominated for this award. Sue has been an avid community activist and community builder, exemplified by her dedication and service to the Village of Hastings-on-Hudson. Sue has lived in Hastings since 1967, raising her family within the Village. Since moving to Hastings, she has actively volunteered within her community in serving as Village Trustee from 1990 to 1996; a Board Member of the Hastings Historical Society since 1983; Hastings Farmers’ Market Founder and Chair from 1997 to 2015; and serving on the St. Johns Riverside Hospital Board from 2000 to 2013. Sue’s greatest achievement came in her service as the Hastings-on-Hudson Affordable Housing Development Fund’s (HOHAHDF) Committee Chair and President, a position she held from 1997 until 2015. As the Committee Chair and President of HOHAHDF, Sue was able to work with the Village Board to approve a revision of its zoning law which included a 15% mandatory setaside of affordable housing within the Village. In addition, the Village of Hastings is perhaps the only community with a 99-year affordable deed restriction. Since the new zoning law was enacted, HOHAHDF, with the guidance of Sue, has been able to create thirty-five
new affordable housing units in Hastings. HOHAHDF has served as developer in the creation of many of these units, including the conversion of two singlefamily ownership houses into four units of affordable housing, which included accessory apartments with Village donated land; three condominium apartments in a rehabilitated three-story building purchased from an estate; and two units of affordable housing in a new single family ownership house. HOHAHDF has also worked closely with for-profit developers in the creation of fourteen rental apartments on Village foreclosed property and twelve rental apartments as part of a larger market rate development of sixty-six units. In addition to her service within Hastings, Sue has also been an intermittent project manager for small preservation or reuse construction projects within the Rivertowns area and a frequent guest speaker in many of the Land Use Law Center’s LULA Training Programs on Fair and Affordable Housing. As a committed citizen and volunteer, Sue has been awarded several times for her outstanding services. She was named by the Hastings Chamber of Commerce as Citizen of the Year in 1989, and was the Hastings Martin Luther King Community Service Honoree in 2014. Additionally, she received the Hastings Library Community Service Award in 2016. Throughout her service, Sue has exemplified her dedication to her community by addressing the rising demand for affordable housing within Hastings-onHudson and been a true leader in the region.
FOUNDERS AWARD RECIPIENT
Robert Feder, Esq. The Kheel Center and Land Use Law Center are pleased to honor Robert Feder with the 2016 Theodore W. Kheel Founder’s Award to recognize his work in furthering sustainable planning and development in the region. During his illustrious practice, Bob has exemplified the type of collaboration and spirit that the Kheel Center celebrates. Bob is an ideal recipient of the Founder’s award. His great success in negotiating the approval of real estate projects involving complex financial, organizational, zoning, and environmental issues is widely known and a testament to his ability to bring together stakeholders with widely disparate views of land development. Behind the scenes, Bob has led many institutions that serve our region with respect to legal justice, performing arts, recreation, health care, historical values, and religious practice. Among his many institutional contributions are his chairmanship of the White Plains Hospital Board, his presidency of the Legal Aid Society, and his service as a commissioner of the White Plains Housing Authority, among others. Bob is one of the founding Partners of Cuddy & Feder. He is primarily involved in the development, financing, construction, purchase, leasing, and sale of real estate. He has extensive experience in the environmental review of large real estate projects and the complex zoning and
planning issues associated with large-scale development. He represented General Motors in their obtaining developmental permits, environmental clearance, and sale of the 97-acre former assembly plant in Sleepy Hollow, NY. He is also actively involved in commercial transactions throughout the United States and abroad. Bob has represented most of the major developers and owners of commercial real property in Westchester and surrounding counties. Bob is a former adjunct professor of law at Pace Law School and Columbia University Graduate School of Business. He is the father of four daughters and a son, and the proud grandfather of eight. The Theodore W. Kheel Center on the Resolution of Environmental Interest Disputes was launched in April 2008 to train lawyers, municipal planners, and local leaders in environmental and land use dispute resolution. The Kheel Center aims to promote the use of non-traditional forums to resolve environmental and land disputes and to assist leaders in running effective stakeholder engagement and collaborative community visioning processes. To further this mission, the Kheel Center bestows an annual Founder’s Award upon an individual or municipality that has worked collaboratively with a community and reinvented democracy to make change happen.
CONFERENCE ADVISORS Paul Beyer, Esq. Director of Smart Growth NYS Department of State Division of Local Government Kenneth W. Bond, Esq. Senior Partner Squire Patton Boggs Judith Breselor, AICP Executive Director New York Planning Federation Bennett Brooks Senior Mediator Consensus Building Institute David L. Callies, Esq. Benjamin A. Kudo Professor of Law University of Hawai‘i at Mānoa William S. Richardson School of Law Jean Carroon, FAIA, LEED AP Principal-Design, Sustainability, Preservation Goody Clancy & Associates, Inc. Jeanne Allen Carswell, LEED® AP BD+C, ND LEED® Certification Reviewer Green Building Certification Institute Jason J. Czarnezki, Esq. Gilbert and Sarah Kerlin Distinguished Professor of Environmental Law Pace University School of Law John Dalzell, AIA, LEED AP+BD&C, ND Senior Architect Boston Redevelopment Authority Nestor M. Davidson, Esq. Professor of Law Director, Urban Law Center Fordham Law School John C. Dernbach, Esq. Distinguished Professor of Law and CoDirector, Environmental Law Center Widener Law - Harrisburg Campus Victor Dover, FAICP, LEED-AP, CNUAccredited Principal Dover, Kohl & Partners Donna Drewes, PP/AICP Co-Director Sustainability Institute, The College of NJ Kevin Dwarka, J.D., Ph.D. Managing Principal Kevin Dwarka LLC
Don Elliott, FAICP Senior Consultant Clarion Associates Michael B. Gerrard, Esq. Andrew Sabin Professor of Professional Practice and Director, Center for Climate Change Law Columbia Law School Christopher Jones Vice President for Research Regional Plan Association Peter Kasabach Executive Director New Jersey Future David Kay Extension Associate Cornell Local Government Program Cornell University David Kooris, AICP Director, Rebuild by Design and National Disaster Resilience State of Connecticut Department of Housing Alan Mallach, FAICP Senior Fellow Center for Community Progress Jennifer T. Manierre, CEM, LEED AP ND Associate Project Manager, Energy Efficiency Services NYSERDA Dwight H. Merriam, FAICP, Esq. Partner Robinson & Cole, LLP Stephen R. Miller, Esq. Associate Professor of Law University of Idaho College of Law - Boise Jessica Cogan Millman, LEED AP ND Chair, Location and Planning Technical Advisory Group USGBC Arthur C. Nelson, Ph.D., FAICP Director, Metropolitan Research Center, College of Architecture + Planning University of Utah
Lois A. New Acting Director New York State Department of Environmental Conservation Office of Climate Change Richard L. Oram Chairman Fund for the Environment & Urban Life The Oram Foundation, Inc. Hari M. Osofsky, Esq. Professor Faculty Director, Energy Transition Lab Director, Joint Degree Program in Law, Science & Technology Faculty Member, Conservation Biology Graduate Program Fellow, Institute on the Environment University of Minnesota Law School Uma Outka, Esq. Associate Professor University of Kansas School of Law Andrew C. Revkin Dot Earth blogger The New York Times Senior Fellow Pace Academy for Applied Environmental Studies Patricia E. Salkin, Esq. Dean, Jacob D. Fuchsberg Law Center Touro College Joseph M. Schilling Research Assistant Professor, UAP; Director, MI Virginia Tech School of Public and International Affairs Randall E. Solomon Co-Director Sustainability Institute, The College of NJ Aaron Welch, LEED AP Senior Planner Raimi + Associates Michael Allan Wolf, Esq. Professor of Law and Richard E. Nelson Chair in Local Government Law University of Florida Levin College of Law
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