Land Use – The Comprehensive Plan: What, Why and How Can it Address our Changed World

Agenda

12:00 p.m. – 12:05 p.m.

Welcome and Introduction

Introduction from NYSBA Environmental and Energy Law Section

Nicholas Ward-Willis, Esq.

Keane & Beane P.C.

White Plains, NY

Program Introduction

John Kirkpatrick, Esq.

Kirkpatrick Law, LLC 

White Plains, NY

12:05 p.m. – 1:25 p.m.

Panel Discussion:

The distinguished panel, comprised of a planner, an environmental advocate, and land use lawyers, will discuss legal requirements pertaining to Comprehensive Plans and using them to guide the future of communities. Topics to be discussed include:

1. Legal Foundation for Comprehensive Plans

• Procedural requirements under Town, Village and General City Law
• Need for a written plan
• Requirements for consistency with plans
• Caselaw
• Spot Zoning
• Interplay with SEQRA

2. Using Comprehensive Plans to Guide the Future

• What is a Comprehensive Plan?
  • Is it a land use plan, a set of principles, a broad vision, or just a vision?
  • Using comprehensive planning to address issues arising from the pandemic:
  • adaptive reuse of closed or underutilized facilities, including retail and offices
  • evaluating housing requirements in response to migration from cities
  • addressing needs for distribution centers
  • easing requirements for home occupations
  • overall protection from zoonotic diseases
• Changing demographics
• Encouraging affordable housing
• State Smart Growth Public Infrastructure Policy Act (ECL Article 6)
• Excluding solid waste facilities and other locally undesirable land uses

3. Environmental Perspective 

• Using Comprehensive Plans to achieve environmental objectives:
  • Sustainability and renewable energy
  • Executive Law 94-c preempting local control
  • Mitigating climate change effects
  • Mixed housing and diversity
  • Minimizing sprawl
  • Brownfield redevelopment

4. Effectiveness of Comprehensive Plans 

• Success of plans in spurring community development consistent with the plan
• Failure to recognize private funding and requirements of developers

5. Developer Perspective

• Rezoning petitions
  • Conforming to Comprehensive Plan
• Changing the Comprehensive Plan
• Addressing the Plan in the SEQRA review process
• Consideration of the Plan in zoning approvals
• Reverse spot zoning
• Takings claims

1:25 p.m. – 1:30 p.m.

Wrap-Up/Questions and Answers 

Moderator: Alan J. Knauf, Esq.

Knauf Shaw LLP

Rochester, NY

Panel:

Timothy Lewis, Esq.

Town Attorney, Town of Greenburgh

Greenburgh, NY

Christopher Gomez, AICP

Commissioner, Department of Planning, City of White Plains

White Plains, NY

Audrey Friedrichsen, Esq.

Land Use and Environmental Advocacy Attorney

Scenic Hudson

Poughkeepsie, NY

Linda Margolin, Esq.

Margolin Besunder

Islandia, NY

Ashley Champion, Esq.

Nixon Peabody LLP

Rochester, NY