The Land Use Law Center’s 17th Annual
Alfred B. Delbello Land Use and Sustainable Development Conference
Sustainable Development as a Market Driver December 6, 2018
THANK YOU TO OUR CONFERENCE SPONSORS BREAKING GROUND SPONSORS
WELL GROUNDED SPONSORS
GAINING GROUND SPONSORS
The Land Use Law Center’s 17th Annual Alfred B. Delbello Land Use and Sustainable Development Conference
Sustainable Development as a Market Driver WELCOME The 17th 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 conference theme is Sustainable Development as a Market Driver. As in previous years, the Center has worked with its Conference Board of Advisors—comprising local and national leaders in the field—to develop a conference program that will showcase innovative best practices in land use and sustainable development. This year’s conference will focus on comprehensive and area planning, zoning for downtown redevelopment, sign regulations, SEQRA, and so much more. The conference will be filled with endless learning opportunities. 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 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.
CONTINUING EDUCATION SPONSORS
8:00 – 10:00 am Registration and
Continental Breakfast
McCarthy Fingar LLP
SPONSORED BY
Counselors at Law
8:30 – 10:00 am
Land Use Workshops
Session 1 – Ottinger Hall-101 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 Bonnie Von Ohlsen, AICP, RLA, LEED Green Associate, Kimley-Horn of New York, P.C.
Session 2 – Ottinger Hall-G-02 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.
Victoria L. Polidoro, Esq., Rodenhausen Chale LLP Steven M. Silverberg, Esq., Partner, Silverberg Zalantis LLP
10:00 – 10:15 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
10:15 – 10:45 am
Plenary Session
JI- Lecture Hall
Walkable Urbanism is the Future of the Suburbs; Identifying Winners and Losers of this Trend For the past two decades, there has been a reversal of the mid to late 20th century trend toward drivable suburban development. This reversal has included the redevelopment of American center cities, but often overlooked is the urbanization of the suburbs. Research has shown that upwards of 50% of the growth of walkable urban development has been in the suburbs. This means there are winners, such as downtown White Plains, Jersey City and Princeton, but there are also losers as poverty is now growing much faster in the suburbs than the center city. This speech will focus on how to prepare for walkable urbanism in the suburbs and point out the downsides of this trend, what the speaker referred to as “The Next Slum” in The Atlantic.
Christopher B. Leinberger, Professor, George Washington University, Chair, Center for Real Estate and Urban Analysis, Partner, Arcadia Land Company
SPONSORED BY
10:45 – 11:00 am
Morning Break
SPONSORED BY
11:00–12:20 pm
Breakout Sessions
Session 1 – Ottinger Hall - G-02 Capturing Smart Growth: The Planning Net Great efforts and shared ideas continue to facilitate sustainable, healthy downtowns for our communities: smart growth, complete streets and adaptive reuse initiatives are leading the way. Ensuring these ideas are comprehensively captured through planning is a pivotal contribution to a sustainable future.
Jessica A. Bacher, Esq., Executive Director, Land Use Law Center, Elisabeth Haub School of Law Sabrina D. Charney Hull, AICP, Director of Planning, Town of New Castle Kevin A. Kain, PP, AICP, Director of Planning & Sustainability, City of New Rochelle Ashley Ley, AICP, Senior Technical Director, AKRF, Inc. Valerie Monastra, AICP, Director of Planning, VHB Matt Robbie, Senior Associate, Skeo Solutions, Inc. MODERATOR: William V.
Services
Cuddy, Jr., Executive Vice President, CBRE Advisory & Transaction
SPONSORED BY
Session 2 – JI-Lecture Hall The New (and Old) Secrets About SEQRA If you work in land use, development projects, or are a practicing environmental attorney in NY State, come learn about the recent and upcoming changes to SEQRA from land use attorneys, planners, and State DEC employees. Learn how to streamline the SEQRA process and use it as a tool to balance protecting environmental resources while achieving economic development goals.
Seth M. Mandelbaum, Esq., Partner, McCullough, Goldberger & Staudt, LLP David B. Schiff, AICP, PP, Senior Project Manager, Kimley-Horn of New York, P.C. Nicholas M. Ward-Willis, Esq., Member, Keane & Beane, P.C. Lawrence H. Weintraub, Esq., Office of General Counsel, New York State Department of Environmental Conservation MODERATOR: Jennifer
L. Gray, Esq., Member, Keane & Beane, P.C.
SPONSORED BY
Session 3 – Ottinger Hall-101 Pipes, Pumps & Plants: Developing Infrastructure to Grow Communities
no cle for this session
The development of mixed-use smart growth communities is a challenge for those without the proper infrastructure to support it. Developing and maintaining water and sewer infrastructure to support expanding populations takes innovative planning, tailored regulations, and funding! This panel will discuss the strategies that can be employed by local governments to develop, design, support, and finance infrastructure in new and existing dense development.
John Benvegna, PG (NY), CPG, WSP USA (formerly Leggette Brashears & Graham Inc.) Mary Beth Bianconi, Delaware Engineering, D.P.C. Michèle R. Greig, AICP, Four Corners Planning Kenneth Kearney, President, The Kearney Realty & Development Group MODERATOR: Gerhard
M. Schwalbe, P.E., Divney Tung Schwalbe, LLP
12:20 – 2:00 pm Lunch –
Keynote and Award Presentation JI-Omni Room
SPONSORED BY
Luncheon Keynote Address and Award Presentation No One at the Wheel Autonomous vehicles will be the most disruptive technology to hit society worldwide. In NO ONE AT THE WHEEL: Driverless Cars and the Road of the Future, Sam Schwartz’s latest book, he lays out the future– good, bad and ugly. While we will see some major benefits—fewer crashes, less parking, and greater productivity while motoring—we also need to be aware of the big concerns. Autonomous vehicles (AVs) will affect family and work life, business, politics, ethics, the environment, travel, and health. City planning will change significantly as AVs will dominate transportation over the next generation. The streetscape, as we know it today, may be dramatically altered. NO ONE AT THE WHEEL will provide a roadmap for how to respond to the inevitable changes that autonomous vehicles will bring. Stakeholders and citizens will need to work together with government to maximize the benefits of this technology while minimizing its downsides.
Samuel I. Schwartz, P.E., President, Chief Executive Officer + Founder, Sam Schwartz Transportation Consultants
2:00 – 3:20 pm
Breakout Sessions
Session 1 – Ottinger Hall - G-02 The Local Role in State Climate Goals Local government action is a critical component of New York State’s economic, clean energy, transportation and sustainable land use policies. In this session you will learn about available resources and guidelines for local implementation of NY-SUN, Climate Smart Communities, Clean Energy Communities and Downtown Revitalization Initiative, and Model Resiliency Laws programs. Experts from the State will discuss how communities can help accelerate economic development, increase the availability of renewable energy sources, promote environmental sustainability of transportation infrastructure and mitigate the impact of climate change on their residents through reducing GHG emissions and increasing resilience of the built and natural environment.
Jessica A. Bacher, Esq., Executive Director, Land Use Law Center, Elisabeth Haub School of Law Sarah Stern Crowell, AICP, Director, Office of Planning, Development & Community Infrastructure, NYS Department of State Mark D. Lowery, Climate Policy Analyst, Office of Climate Change, NYS DEC Houtan Moaveni, Senior Advisor to the President for Strategy and Clean Energy Siting, New York State Interconnection Ombudsman, NYSERDA Brad Tito, Program Manager, Communities & Local Governments, NYSERDA MODERATOR: Meghan
A. Taylor, Regional Director, Mid-Hudson, Empire State Development
Session 2 – Ottinger Hall-101 A Sign (Code) of the Times A community’s aesthetic character is frequently driven in substantial part by signage: how much, where it is located, and what it looks like. But regulating signs is fraught with legal issues because signs are a form of speech protected by the First Amendment. This session will review First Amendment issues in sign regulation, and will also cover practical aspects of sign regulation today, touching on matters such as electronic signs, vehicle signs, building wraps, and other new technologies.
Brian J. Connolly, Esq., Otten Johnson Robinson Neff + Ragonetti PC Donald L. Elliott, Esq., FAICP, Director, Clarion Associates, LLC Victoria L. Polidoro, Esq., Rodenhausen Chale LLP Natalie Quinn, Senior Planner, City of Poughkeepsie
Session 3 – JI-Lecture Hall Capturing Smart Growth: The Regulatory Net Great efforts and shared ideas continue to facilitate sustainable, healthy downtowns for our communities: smart growth, complete streets and adaptive reuse initiatives are leading the way. Ensuring these ideas are comprehensively captured through zoning is a pivotal contribution to a sustainable future. This session will continue the dialogue from the morning planning session.
Patrick Cleary, AICP, CEP, PP, LEED AP, CNU-A, Principal, Cleary Consulting: Planning & Environmental Services Anthony B. Gioffre, III, Esq., Partner, Cuddy & Feder LLP David B. Smith, Principal, Planning & Development Advisors Andrew M. Spatz, Esq., Andrew M. Spatz, PLLC John A. Verni, Esq., Verco Properties LLC MODERATOR: Michael
Curti, Senior Counsel, Harris Beach PLLC
SPONSORED BY
3:20 – 3:30 pm
Afternoon Break
SPONSORED BY
3:30 – 5:00 pm Case Law
Update Session
JI-Lecture Hall
Recent Developments in Land Use Law This section will discuss the implications of recent decisions in land use law with perspectives ranging from local New York issues to national land use issues decided by the Supreme Court. The panel is composed of national legal experts who will discuss the holdings and implications of the past year’s decisions in Land Use law.
Donald L. Elliott, Esq., FAICP, Director, Clarion Associates, LLC Dwight H. Merriam, Esq., FAICP, Partner, Robinson & Cole LLP John R. Nolon, Esq., Counsel, Land Use Law Center & Professor of Law, Elisabeth Haub School of Law Michael Allan Wolf, Esq., Professor of Law & Richard E. Nelson Chair in Local Government Law, University of Florida Levin College of Law MODERATOR: Michael
5:00 – 7:00 pm
SPONSORED BY
D. Zarin, Esq., Partner, Zarin & Steinmetz
25th Anniversary Land Use Law Center Wine & Cheese Reception
GROUNDBREAKER’S AWARD RECIPIENTS Councilwoman Emily Svenson and Planning Board Chairman Michael Dupree Town of Hyde Park The Land Use Law Center is happy to announce that this year’s recipients of the Groundbreaker’s Award are Emily Svenson and Michael Dupree from the Town of Hyde Park. The Groundbreaker’s Award is given to a graduate or a group of graduates of the Center’s Land Use Leadership Alliance (LULA) Training Program
who have done exemplary work in a community or a region using the types of land use and decision-making tools and techniques taught in the LULA program. Councilwoman Svenson and Mr. Dupree were selected from a prestigious group of other past LULA graduates nominated for this award.
Councilwoman Emily Svenson Emily Svenson is serving her fourth term on the Hyde Park Town Board, after getting her start on the Town’s Conservation Advisory Council. A believer in infill development as both an economic and environmental strategy, Svenson worked with Supervisor Aileen Rohr to launch the Hyde Park Downtown Initiative. As councilwoman, she has striven to bring collaborative problem solving to issues ranging from neighborhood flooding to remediating an abandoned gas station. She is currently active as the Town’s representative to the new Hudson River Drinking Water Intermunicipal Council. After beginning her career in the conservation field, Councilwoman Svenson graduated from the Elisabeth Haub School of Law at Pace University in May 2018. She works as a law clerk at the Law Office of David K. Gordon in Poughkeepsie, New York, which focuses on land use and environmental law. She also recently joined the Board of Directors of the Hudson River Watershed Alliance.
Planning Board Chairman Michael Dupree Celebrating his 13th year as the Chairman of the Planning Board for the Town of Hyde Park, Michael Dupree has dedicated his career to guiding the community to function more efficiently and sustainably. Through his leadership of the “Hyde Park Walks” committee, the Town produced a pedestrian plan that enabled it to capture numerous sidewalk grants. With genuine care for the town and its people, Michael works tenaciously to integrate developers’ interests with the community’s needs to ensure new architecture contributes to a sense of place for residents. Thanks to his constant efforts, Hyde Park is in the process of reviewing multiple solar farms to produce green energy, and the town has continuously been attracting businesses from around the globe. An active volunteer, Dupree also serves on the Dutchess County Planning Board and the Board of Trustees of Dutchess Community College.
Under the leadership of Supervisor Aileen Rohr, the Town of Hyde Park launched the “Hyde Park Downtown Initiative” (www.hpdowntown.com), aimed at redevelopment of the town center from a corridor of strip malls to a modern main street. They recently completed an intensive planning process, which integrated market analysis, community visioning, zoning updates, and infrastructure design. The Town has secured approximately $3 million in grants for
sidewalks, with construction steadily underway. The Town is currently working toward bringing a much-needed sewer system to the commercial district as well, with $5.3 million in grants already committed to construction. The Town Board recently adopted a solar law, which has resulted in several solar farm projects, as well as a food and beverage manufacturing law that supports a new Japanese sake distillery coming to town.
FOUNDER’S AWARD RECIPIENT
Richard L. O’Rourke, Esq. The Land Use Law Center is pleased to honor Richard L. O’Rourke with the 2018 Founder’s Award to recognize his work as a land use attorney who has negotiated diverse and varied interests to achieve approval for complex projects without the need for litigation. Throughout his career, Rick has exemplified the type of collaboration and spirit that this award, given in the name of Theodore Kheel, celebrates. For many years, he has served as the attorney for a diverse group of clients throughout Westchester, Putnam, Rockland, Dutchess, and Ulster Counties. Rick has counseled his clients to accommodate the interests of local land use officials who represent the full range of interests implicated in land development. Recently, without litigation, he obtained all approvals in Dutchess County for a $1.675 billion electric manufacturing facility using natural gas that will generate 1,000 megawatts of electricity, These recent accomplishments are only the latest in a series of campaigns led or significantly supported by Rick that have benefitted the people, economy, and quality of life of communities in our region. He has successfully challenged
and defended decisions of municipal boards in zoning and land use matters, including procedural compliance and substantive determinations of zoning boards of appeal, planning boards, and legislative bodies. On behalf of Keane & Beane, from 1986 to 1989, Rick served as the Town Attorney of the Town of Southeast, New York. He was also a member and Chairman of the Zoning Board of Appeals for the Town of Southeast from 1985 to 1986. He is currently the Village Justice for the Village of Brewster New York, an elected position he has held since 1992. Rick is a member of the New York State Bar Association’s Special Task Force on Eminent Domain, the New York State Magistrates Association, the Putnam County Bar Association, the Putnam County Magistrates Association where he previously served as President and Secretary/ Treasurer, the Westchester County Bar Association where he was an Articles Editor for the association’s Journal, the Westchester Bar Foundation where is also the current Treasurer. He is also a member of the Pace Law School Board of Visitors and on the Executive Committee as Secretary of the Board of Directors of Pattern for Progress.
Keane & Beane P.C. was established in 1980 by Edward Beane and Thomas Keane after splitting from Keane & Butler, of which Keane was also a founding member. Since its founding, it has grown to be one of the largest law firms in Westchester County. Keane & Beane, P.C. opened an
office in Fishkill. New York in 2008 and an office in New York City in 2017. With roots going back more than 60 years, the firm ranks as one of the region’s leading land use and zoning, litigation, environmental, municipal, real estate, education, and labor and employment law firms.
DISTINGUISHED YOUNG ATTORNEY AWARD
Noelle C. Wolfson, Esq. The Land Use Law Center is pleased to bestow its first Distinguished Young Attorney award on Noelle C. Wolfson, an Associate Attorney at the firm of Hocherman Tortorella & Wekstein, LLP in White Plains, a graduate of Pace Law, and a former Land Use Law Center Honors Fellow. Through her work, Noelle has demonstrated the type of service and commitment to the industry, region, and people that the Land Use Law Center celebrates. In her practice, Noelle represents both private and municipal clients in land use matters and related litigation, and purchasers and sellers in real estate transactions. She has published numerous articles in the New York Zoning Law and Practice Report and The Municipal Lawyer, a publication of the Local and State Government Law Section of the New York State Bar Association. Noelle is a long-time resident of
Westchester County and a 2006 graduate of Pace Law School, where she was a Research and Writing Editor for the Pace Environmental Law Review. As a student associate and Honors Fellow with the Land Use Law Center, Noelle, among other things, contributed to the Gaining Ground Database and served as an editor of the practice guide Reinventing Redevelopment Law. Noelle is a member of the Executive Committee of the United Way of Westchester/Putnam Emerging Leader’s Alliance (ELA) and Co- Chair of the ELA’s Volunteer Committee. This year she was a recipient of the Westchester/Putnam United Way’s 2018 “Rock Star” award. She is also a member of the Westchester Women’s Bar Association’s Real Estate Committee and the New York State Bar Association’s Local and State Government Law and Real Estate Law Sections.
With more than 70 years of combined experience in Westchester, the Hudson Valley and Long Island, the lawyers at HTW offer high-quality personalized counsel and pragmatic solutions to corporate, not-for-profit and private clients in all aspects of zoning, land use and entitlement matters, real property transactions and
litigation. HTW’s approach in representing its clients is solution-oriented, but the firm has extensive experience with Article 78 Proceedings and other types of litigation and, when necessary, litigates to protect its clients’ rights and interests.
CONFERENCE ADVISORS Paul Beyer, Esq. NYS Department of State Division of Local Government Kenneth W. Bond, Esq. Squire Patton Boggs (US) LLP Judith Breselor, AICP New York Planning Federation Bennett Brooks Consensus Building Institute David L. Callies, Esq. University of Hawai‘i at Mānoa William S. Richardson School of Law Jean Carroon, FAIA, LEED AP Goody Clancy & Associates, Inc. Jason J. Czarnezki, Esq. Elizabeth Haub School of Law Pace University John Dalzell, AIA, LEED AP+BD&C, ND Boston Redevelopment Authority Nestor M. Davidson, Esq. Fordham Law School John C. Dernbach, Esq. Widener Law - Harrisburg Campus Victor Dover, FAICP, LEED-AP, CNUAccredited Dover, Kohl & Partners Donna Drewes, PP/AICP National Network of Statewide-Local Sustainability Organizations (N2S2O)
Kevin Dwarka, J.D., Ph.D. Kevin Dwarka LLC Don Elliott, FAICP Clarion Associates Michael B. Gerrard, Esq. Columbia Law School Christopher Jones Regional Plan Association Peter Kasabach New Jersey Future David Kay Cornell University David M. Kooris, AICP Connecticut Department Economic and Community Development Alan Mallach, FAICP Center for Community Progress Jennifer T. Manierre, CEM, LEED AP ND NYSERDA Dwight H. Merriam, Esq., FAICP Of the Hartford Bar Stephen R. Miller, Esq. University of Idaho College of Law - Boise Jessica Cogan Millman, LEED AP ND The Elsa and Peter Soderberg Charitable Foundation
Arthur C. Nelson, Ph.D., M.ASCE, FAICP University of Arizona Lois A. New New York State Department of Environmental Conservation Office of Climate Change Richard L. Oram Fund for the Environment & Urban Life The Oram Foundation, Inc. Hari M. Osofsky, Esq. Pennsylvania State University, Penn State Law Uma Outka, Esq. University of Kansas School of Law Andrew C. Revkin The New York Times Pace Academy for Applied Environmental Studies Patricia E. Salkin, Esq. Touro College Joseph M. Schilling Virginia Tech School of Public and International Affairs Randall E. Solomon Sustainability Institute, The College of NJ Prof. Michael Allan Wolf, Esq. University of Florida Levin College of Law
Learn more about the Land Use Law Center at www.law.pace.edu/landuse or connect with us on our social media pages. See Center updates, photos, videos, event information, and more. Look for us on Facebook or follow us on Twitter @LandUseLC.
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