Land use conference agenda 2017

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The Land Use Law Center’s 16th Annual

Alfred B. Delbello Land Use and Sustainable Development Conference

Reimagining the Role of Local Governments December 7, 2017





McCarthy Fingar LLP



Counselors at Law



The Land Use Law Center’s 16th Annual Alfred B. Delbello Land Use and Sustainable Development Conference

Reimagining the Role of Local Governments WELCOME The 16th 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 Reimagining the Role of Local Governments. 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 the ways in which local governments are overcoming challenges and finding solutions that target new ways to plan, regulate, and design communities. 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.


8:00 – 10:00 am Registration and

Continental Breakfast JI-Rotunda

8:30 – 10:00 am

Land Use Workshops

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, Senior Project Manager, VHB Valerie Monastra, AICP, Director of Planning, VHB Bonnie Von Ohlsen, RLA, AICP, LEED Green Associate, Senior Planner/Landscape Architect, Kimley-Horn of New York, P.C.

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.

Deborah A. Scalise, Esq., Partner, Scalise Hamilton & Sheridan, LLP Steven M. Silverberg, Esq., Partner, Silverberg Zalantis 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

Placemaking: The New Recipe for Economic Development How markets and demographics are changing the landscape and what local governments can do to stay competitive.

Geoffrey Anderson, President and CEO, Smart Growth America

10:40 – 11:00 am


11:00–12:20 pm

Breakout Sessions

Session 1 – JI-Lecture Hall The Practicalities of Form Based Codes: Lessons from our Region Want to get past the jargon and into the realities of form-based zoning? This session will follow-up on last year’s hit session on the practicalities of a successful formbased code and will feature recent winners of the Westchester Municipal Planning Federation’s annual Planning Achievement Awards. Participants will gain insight from municipalities in the Hudson Valley and Long Island that are in various stages of developing or implementing their form based code. Panelists will discuss selecting appropriate areas for form-based coding, the crucial need for strong planning in those areas, and administration of the form-based code at the local level. They will further discuss how to integrate the form-based zoning tool into an existing regulatory framework. Examples discussed will draw on the speakers’ experience, including discussing 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.

Patrick Cleary, AICP, CEP, PP, LEED AP, CNU-A, Principal, Cleary Consulting: Planning & Environmental Services Lee J. Elman, Planning Director, City of Yonkers Amy Pfeiffer, Director, Office of Downtown Revitalization, Town of Babylon Bonnie Von Ohlsen, RLA, AICP, LEED Green Associate, Senior Planner/Landscape Architect, Kimley-Horn of New York, P.C.

Session 2 – Ottinger Hall-201 The Future of Mobility Breakthroughs in self-driving cars, electric vehicles, and new shared mobility are only the beginning. The entire way we travel from point A to point B is changing, creating a new system of personal mobility, and affecting future planning and zoning decisions. Panelists will discuss the future of transportation: trends impacting transportation planning; how municipalities are responding; and what all this means for the way people travel. The session will touch on demographic factors and changing attitudes towards mobility, the role of emerging transit modes, new improvements in fixed route modes (bus rapid transit and rail), shared mobility (uber, lyft), bike share, and street design. So hit the brakes and join this session to hear more about the changes in transportation.

Donald L. Elliott, Esq., FAICP, Director, Clarion Associates, LLC Michael T. Flyn, AICP, Director of City Strategies, Sam Schwartz Transportation Consultants Amina Hassen, Planner, W X Y architecture + urban design Naomi Klein, Director of Planning, Westchester County Kate Slevin, Vice President, State Programs & Advocacy, Regional Plan Association

Session 3 – Ottinger Hall-101 Finance in Land Use: Guiding Principles Sometimes all the planning in the world doesn’t get you to where you want to be, particularly if the economics of the project simply don’t work. The truth is that planning can only take you so far. For developers, the reality is in the bottom line and local plans and zoning need to be effective in recognizing that fact. This session will help attendees gain an understanding of the costs and challenges that developers face in building a new project. Experts will walk you through the process of how real estate developments—simple and complex—are financed, using both private and public sources of funding. Topics will include what elements influence where and how a project will be developed; options for public and private financing; and considerations involved in putting a deal together and making the vision a reality.

Joseph P. Carlucci, Esq., Partner, Cuddy & Feder, LLP William V. Cuddy, Jr., Executive Vice President, CBRE-Advisory & Transaction Services Kenneth Kearney, President, The Kearney Realty & Development Group Sadie McKeown, Executive Vice President, Chief Operating Officer, The Community Preservation Corporation

12:20 – 2:00 pm Lunch –

Keynote and Award Presentation

JI-Omni Room

Luncheon Keynote Address Reimagining your Role: Where sustainability begins The challenges at every governmental level require an extraordinarily high level of collaboration. What we don’t often see is how our own behavior impacts the results. Indeed, all outcomes emerge from the countless moments of engagement that either inspire or derail effective planning. Our contribution to sustainability begins with us: how we are matters. This conversation explores five trends that point to a hopeful future.

Barry Svigals, Partner Emeritus, Svigals + Partners

2:00 – 3:20 pm

Breakout Sessions

Session 1 – JI-Lecture Hall Repurposing of Obsolete & Underutilized Office Park Properties in Westchester County This session will discuss ways municipalities can revise master plans and zoning ordinances to allow for new and varied uses in existing underutilized office park developments. Case studies along the I-287 corridor in Harrison and White Plains will be discussed including highlighting examples of uses including fitness facilities, rental residential facilities, and large retail and institutional uses.

Patrick Cleary, AICP, CEP, PP, LEED AP, CNU-A, Principal, Cleary Consulting: Planning & Environmental Services Seth M. Mandelbaum, Esq., Partner, McCullough, Goldberger & Staudt, LLP Frank S. McCullough, Jr., Esq., Senior Partner, McCullough, Goldberger & Staudt, LLP Giorgios Vlamis, Partner, Chief Operating Officer, Normandy Real Estate Partners MODERATOR: Linda B. Whitehead, Esq., Partner, McCullough, Goldberger & Staudt, LLP

Session 2 – Ottinger Hall-201 Creating Healthy Communities – Tools and Tips Studies show that community design and the built environment have a direct effect on human health. Development patterns, zoning and land use impact walkability and transportation options, access to services, opportunities for physical activity and availability of healthy foods. In this session, participants will learn about collaborations between planners, built environment professionals, elected officials and public health professionals taking a proactive approach to building healthier communities. Join us to learn about tools that are available for you to do the same in your community.

Gina D’Agrosa, AICP, Project Lead, Planners4Health Munro W. Johnson, AICP, Vice President, Development, New York City Economic Development Corporation Dana Levenberg, Supervisor, Town of Ossining Jennie Nolon Blanchard, Esq. MEM, LEED AP, Senior Staff Attorney & Urban Program Specialist, Land Use Law Center

Session 3 – Ottinger Hall-101 Identifying Fair Housing Obstacles Fair Housing is the right for people to choose housing free from unlawful discrimination. Federal, State, County, and local laws help protect against housing discrimination. This session will explore the obstacles to achieving Fair Housing in Westchester County and offer strategies that can be considered and applied in all communities. Case studies and examples will be presented of how other communities and County government are tackling the challenges to Fair Housing.

Norma Drummond, Deputy Commissioner of Planning, Westchester County Gina Martini, AICP, Senior Project Manager, VHB Valerie Monastra, AICP, Director of Planning, VHB Nancy Seligson, Supervisor, Town of Mamaroneck

3:20 – 3:40 pm


3:40 – 5:00 pm Case Law

Update Session

JI-Lecture Hall

Recent Developments in Land Use Law – Two Steps Forward and One Step Back? The more things change, the more they stay the same. [Aplhonse Karr, Les Guêpes, January 1849, vi.] In this session, national legal experts will discuss decisions in the last year, some which decidedly advance the law, and others that illustrate the powerful inertia of precedent.

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 – 6:15 pm

D. Zarin, Esq., Partner, Zarin & Steinmetz

Wine & Cheese Reception


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.


Supervisor Dana Levenberg and Mayor Victoria Gearity Town and Village of Ossining The Land Use Law Center is happy to announce that this year’s recipients of the Groundbreaker’s Award are Supervisor Dana Levenberg and Mayor Victoria Gearity from the Town and Village of Ossining. The Groundbreaker’s Award is given to a graduate or group of graduates of the Center’s Land Use Leadership Alliance (LULA) Training Program that have done exemplary work in the region using the types of land use and decision-making tools and techniques taught in the LULA program. Supervisor Levenberg and Mayor Gearity were selected from a prestigious group of other past LULA graduates nominated for this award. Both leaders were selected to be the recipients of this year’s award given their service and continued collaborative work in the Village and Town. A few of the past collaborations between the Village and Town have included work together on an Urban Circulator project

and Millwood-Ossining Go plan for bike/pedestrian/ open space connectivity between the Village Downtown and the North County Trailway. Both leaders have collaborated on grant applications, including the Mayors Challenge, CFA for Urban Circulator, and the Downtown Revitalization Initiative. And finally, both communities have been supportive of creative uses of open and public space in their own jurisdictions, including the Sing-Sing Kill Greenway in the Village and an investigation of an Open Space Corridor connecting up Ryder Park in the Town with Teatown. All of these initiatives are clearly laying the groundwork for exciting future collaboration between these municipalities.

Supervisor Dana Levenberg

Mayor Victoria Gearity

Since moving to Ossining 20 years ago, Dana has been an advocate for education, the environment and healthy living. In 2015 she was elected Town Supervisor of the Town of Ossining after serving as Chief of Staff for Assemblywoman Sandy Galef for 8 years concurrently with her 9 years on the Ossining Board of Education. A hallmark of Dana’s tenure as a public servant has been collaborating with municipalities and organizations to better serve communities, seeking innovative approaches to community planning, and crafting regional solutions to local problems.

Mayor Victoria Gearity has transformed the way Village residents engage with their local government. Her path to elected office was as an environmentalist, serving on the NWEAC Board and then the steering committee to establish Sustainable Westchester. Transportation is key to Ossining’s economic development goals, and partnering with the Town to explore innovative solutions is essential for connecting business and cultural hubs. Given her appreciation for a collaborative engaging local government, it’s no surprise Mayor Gearity is a two-time LULA graduate!

Throughout their service, Supervisor Levenberg & Mayor Gearity have exemplified their dedication to their communities and been true leaders in the region.


Frank S. McCullough, Jr., Esq. On Wednesday evening, December 6th, 2017, the Land Use Law Center presented this year’s Founder’s Award to Frank S. McCullough, Jr., who has distinguished himself as a land use attorney who is sensitive to and able to unite disparate parties in support of growth and conservation. This award is bestowed each year in the name of Theodore W. Kheel, the great American attorney and labor mediator, renowned for his ability to build consensus and resolve conflicts, and who was a major supporter of the Land Use Law Center. The award was presented at a Dinner and Award Ceremony at The Mansion on Broadway in White Plains. Frank S. McCullough, Jr. is a senior partner in the firm. He is admitted to the New York State Bar; U.S. District Court, Northern District of New York; U.S. District Court, Southern and Eastern Districts of New York and the U.S. Supreme Court. Mr. McCullough received his J.D. from Albany Law School of Union University and a B.A. from St. Lawrence University. Mr. McCullough has for many years been involved in major zoning and land use developments and is currently participating in an effort to repurpose and reposition commercial real estate projects along the I-287 corridor in Westchester. He has served as the attorney for many major real estate projects throughout Westchester, Putnam and Dutchess counties. He and the firm have worked on zoning matters for a diverse

group of prestigious clients, including PepsiCo, Inc., The Osborn Home, Fordham University, Manhattanville College, Heritage Hills, Hudson National Golf Club, Normandy Real Estate and Life Time Fitness, for which they are legal counsel in relation to all real estate and zoning matters in Westchester County. Mr. McCullough has served as Chairman of the New York Power Authority and as a Trustee of the Authority. He is also a past President of the Economic Power Allocation Board of the State of New York and served as a member of the Board of Trustees of the New York State Energy Research and Development Authority and as a member of the Conservation Coordination Task Force of New York State. He is a member of the New York State Bar Association and the Westchester County Bar Association, and served as a Director of the Westchester County Bar Association and as Vice President. He is also a past member of the Joint Grievance Committee of the Ninth Judicial District and has been a member of the Committee on Character and Fitness, Ninth Judicial District for many years. Mr. McCullough has also been a member of the Board of Visitors of Pace University School of Law. He also serves as Chairman of the Greenwood Union Cemetery Board and is a member of the Board of Directors of the Westchester County Association. Mr. McCullough is a resident of Rye, New York.

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 (US) LLP 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 Elizabeth Haub 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 Co-Director, 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 Senior Extension Associate Community and Regional Development Institute (CaRDI) Cornell University David M. 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, Esq., FAICP, 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., M.ASCE, FAICP Professor of Planning & Real Estate Development, College of Architecture, Planning + Landscape Architecture Professor of Geography and Development, College of Social and Behavioral Sciences University of Arizona

Lois A. New Acting Director Office of Climate Change New York State Department of Environmental Conservation Richard L. Oram Chairman Fund for the Environment & Urban Life The Oram Foundation, Inc. Hari M. Osofsky, Esq. Dean Distinguished Professor of Law Professor of International Affairs Professor of Geography Pennsylvania State University, Penn State Law 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. Provost, Graduate and Professional Divisions 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 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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