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Alternative Land Use Regulations

 

Gain an understanding of the various types of alternative land use regulations.

This topic will review a variety of alternative forms of land use regulations, i.e., regulations that seek to achieve policy goals through other than the traditional zoning means of use and bulk regulations. It will begin with a discussion of restrictive declarations, both as used historically and as currently relevant. It will review various zoning bonus mechanisms, including those directed at subsidizing public improvement projects and landmark and natural resource preservation. It will discuss particular regulations applicable to waterfront areas and various means used to ensure public access. It will discuss landmarks designation as type of land use regulation and it will discuss the particular types of programs and issues surrounding zoning incentives and requirements to achieve affordable housing goals. There will be a focus on including the private sector as a way of achieving public policy goals and on the outer, i.e., constitutional, boundaries on these alternative types of regulations.

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Alternative Land Use Regulations

Agenda

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Alternative Land Use Regulations

Faculty

James P. Power

James P. Power

Kramer Levin Naftalis & Frankel LLP

  • Partner at Kramer Levin Naftalis & Frankel LLP, which has the largest land use practice in NYC
  • Practice involves representing private developers and cultural, educational and health care institutions with respect to New York City real estate development issues; in that capacity, he advises clients on municipal law issues, the development potential of sites, and the land use and environmental review processes and practices before various New York City land use agencies
  • He also advises on inclusionary housing and 421-a benefits issues
  • Recent projects include advising the development of a new primarily residential tower that would rise 1,066 feet in height and be the tallest building in Brooklyn; representation of a major New York City developer in obtaining a text amendment and City Planning Commission special permits for a new residential development in the West Clinton area; representation of a prominent design-build developer in obtaining a variance for a new residential project at a prominent site in Tribeca; and represented a major hotel investment firm on a series of development projects involving complex site assemblages and in the midst of regulatory changes
  • Jim has lectured on land use and zoning at education programs sponsored by continuing legal educational organizations such as Lorman Education Services, and professional and industry groups such as the Appraisal Institute
  • Has published and quoted on a range of land use topics, including COVID-19-related impacts on land use, residential conversions, air rights transactions, the Mandatory Inclusionary Housing and 421-a tax abatement programs, the floor area bonus structure in the Special West Chelsea District, and the recent restrictions on hotel use in M1 manufacturing districts; articles and quotes have been published in the New York Law Journal, Real Estate Weekly, the Commercial Observer, Law360 and New York Construction Magazine (quoted as “industry leader”)
  • J.D. degree, New York University School of Law; B.A. degree, Williams College
  • Can be contacted at 212-715-7839 or [email protected]
Sheila Pozon

Sheila Pozon

Kramer Levin Naftalis & Frankel LLP

  • Special Counsel at Kramer Levin Naftalis & Frankel LLP, which has the largest land use practice in NYC
  • Practice involves representing private developers, private property owners, and cultural and educational institutions, lenders and investors with respect to New York City real estate development issues
  • Advises clients on municipal law issues, the development potential of sites, and the land use and environmental review processes and practices before various New York City land use agencies including the New York City Board of Standards and Appeals, the New York City Department of Buildings, the New York City Department of Finance, the Landmarks Preservation Commission and the City Planning Commission
  • Has extensive experience representing developers, sellers, investors and lenders in zoning lot mergers for the purchase and sale of development rights and has successfully closed over 100 development rights transactions over the course of her career
  • Has lectured on zoning lot mergers and development rights transfers at education programs sponsored by the New York City Bar
  • Recent projects include negotiating the purchase and sale of over 250,000 square feet of development rights for transfer to 215 West 57th Street (the Nordstrom Tower) the tallest residential building in the western hemisphere; representation of private developers in drafting and negotiating subway stair easement agreements with the New York City Transit Authority; representation of a religious institution in obtaining approval from the Board of Standards and Appeals for a bulk variance based on institutional hardship; and representation of a private homeowner in securing approvals from the Landmarks Preservation Commission and the City Planning Commission to convert a building located in a historic district from commercial to residential use
  • J.D. degree, Boston University; B.A. degree, Columbia College, Columbia University
  • Can be contacted at 212-715-9123 or [email protected]
Samuel Brill

Samuel Brill

Kramer Levin Naftalis & Frankel LLP

  • Associate at Kramer Levin Naftalis & Frankel LLP, which has the largest land use practice in NYC
  • Practice involves representing private developers and cultural, educational and health care institutions with respect to New York City land use issues; in that capacity, he advises clients on municipal law issues, the development potential of sites, and the land use and environmental review processes and practices before various New York City land use agencies
  • Recent projects include advising a major real estate investment manager on construction loans for mixed-use, commercial, and industrial developments in Manhattan, Brooklyn, and Queens; representation of a developer in obtaining approval from the Board of Standards and Appeals for a transfer of development rights; and representation of developers in obtaining City Planning Commission Chair certification for floor area bonuses
  • Has published on selected land use topics, including COVID-19-related impacts on land use; the Citywide “mechanical voids” text amendments to the Zoning Resolution; and special permit requirements for hotel development in manufacturing zoning districts
  • J.D. degree, Yale Law School; B.A. degree, Yale University
  • Can be contacted at 212-715-9317 or [email protected]
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Alternative Land Use Regulations

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