John C. Cappello

Mr. Cappello is a partner with the firm and his primary areas of practice have been land use and municipal law since 1988. Mr. Cappello has represented private developers in multi-phase and large-scale commercial, residential, educational and mixed-use land use applications. He has also served as attorney for planning boards and zoning boards of appeals throughout Orange and Ulster counties. John is the lead partner in Jacobowitz and Gubits’ “Green Team,” which focuses on advising a wide array of clients (municipalities, developers, manufacturers and businesses both small and large) on the opportunities available in this emerging field of law. Mr. Cappello has presented programs in the Hudson Valley focused on steps local governments can take to encourage “green development” and create “green jobs.” John has also made a number of presentations on zoning and land use issues throughout the state, focusing on providing workforce housing, encouraging transportation orientated development, overcoming obstacles in the land use approval process, and the impacts of the Landmaster v. Town of Montgomery Appellate Court exclusionary zoning decision successfully litigated by Jacobowitz and Gubits on land use practice in New York State.

Active in several charitable and civic organizations, Mr. Cappello is President of Orange County’s Regional Economic Community Action Program, Inc. (RECAP) and Trustee for the Josephine Louise Public Library. John also has served as vice-president of Mid-Hudson Habitat for Humanity. John also completed a marathon for the Leukemia Society Team. John also serves on the Pattern for Progress Affordable Housing Committee. John is an award recipient of the 2015 Orange County Human Rights Commission.

Representative Cases

• Matter of Feldman v. Planning Bd. Of the Town of Rochester, 2012 NY Slip Op 07180 (Appellate 3rd Dept. 2012)

• Landmaster I, LLC v. Town of Montgomery, 54 AD 3d 408 (Appellate 2nd Dept. 2008)

• In the Matter of Owens Road Associates v. Town of Goshen, 50 AD 3d 908 (Appellate 2nd Dept. 2008)

Classes/Seminars

• Simple Hints To Help Navigate Local Land Use Process for the NYSCAR Hudson Valley Chapter Meeting, October, 2017

• Update on the Latest, Greatest Land Use Cases and Statutes, PACE Land Use Law Center’s Eleventh Annual Land Use and Sustainable Development Conference, 2012

• Addressing Workforce Housing, NYS Bar-Municipal & NYS Assoc. of Towns, 2004

• Prospering in a Green Economy, Orange County Citizens Foundation, 2009PACEing Ourselves Using the Property Assessed Clean Energy Program to Fund Energy Efficiency, 2010

• Integrating Green Provisions into Comprehensive Plans and Zoning Laws in New York State. New York State Bar Association Environmental Law and Municipal Law Section Joint Fall Meeting: October 2009

• Integrating Green Provisions into Comprehensive Plans and Zoning Laws in New York State, The Kheel Center on the Resolution of Environmental Interest Disputes, Pace University School of Law. Changing Times-Changing Practices Effective Legal Strategies to Resolve New Environmental Disputes, November 2009

• Best Local Planning Practices and Tool Available For Reducing Sprawl by Developing Walkable Communities around Transportation Hub, Climate Change and Land Use Conference, 2008

• Addressing Affordable Housing-Cases & Practical Solutions, 2006

• Pitfalls in Planning and Zoning Administration, Orange County Association of Towns, Villages & Cities, 2002

Published Works

• Court Strikes Blow for Affordable Housing, Municipal Lawyer, Spring, 2009

• Removing Legal Barriers to Create Creative , Diverse and Sustainable Communities. Click here to view John’s TedX Long Dock presentation.

• My View article published 3/28/17 on nonprofit organizations in jeopardy of losing funding including RECAP

Presentations and Lectures:

• Our Green Team has recently researched and made these presentations. They can be downloaded from our Green Page under Resources.

• “Shining Light on Solar Development in New York” – Pace Land Use & Sustainable Development Conference, December, 2016

• “Solar Land Leases 101”, Presented by John Cappello and Borrego Solar, June 2016

• “Planning and Zoning for Solar“, Presented by John Cappello, Orange County Partnership/Alliance for Balanced Growth, May 2016

• “Integrating Green Provisions into Zoning Law in New York State,” Presented by John Cappello, New York State Bar Association Municipal and Environmental Section Joint Fall Meeting

• “How Do We Plan for, Compete and Prosper in a Green Economy: Economical and Environmental Benefits of Green Development,” Presented by John Cappello, April 2009

• “Best Local Planning Practices and Tools Available for Reducing Sprawl by Developing Walkable Communities Around Transportation Hub,” Presented by John Cappello, May 2008

Pro Bono Activities

• Regional Economic Community Action Program (RECAP), President, 2014 – Present

• Regional Economic Community Action Program, 1st VP, 2011 – 2014

• Regional Economic Community Action Program, Board of Directors, 2007 – Present

• Josephine-Louise Public Library Board of Trustees, 2009 – Present

• O+, Board of Directors, 207-Present

• Patterns for Progress, Affordable Housing Committee

• Orange County Citizens Foundation, Land Use Committee

• Walden Rotary Club, former Member

Professional Associations and Memberships

• New York State Municipal Bar Association

• Hudson Valley Pattern for Progress, The Fellows Program, Class of 2009 – 2010