MCMAHON KUBLICK, P.C.

ATTORNEYS & COUNSELORS

580 SOUTH SALINA STREET, THIRD FLOOR
SYRACUSE, NEW YORK 13202
JAN S. KUBLICK JOSEPH F. DAVOLI (1941-1995)
TIMOTHY J. McMAHON mklawsyracuse.com
DANIEL G. McMAHON (316) 424-1105 DANIEL A. MCMAHON
W. ROBERT TAYLOR FAX (315) 424-3793 MICHAEL A. PRICE
OF COUNSEL
TULLY OFFICE
5 CLINTON STREET
(315) 696-8315

August 12, 2020

VIA EMAIL AND FAX TRANSMISSION

Hon. Jeffrey Smith, Mayor and Council Members

City of Watertown ·
City Hall
245 Washington Street, Room 302A
Watertown, NY 13601

RE: Proposed parking lot in Thompson Park

Dear Mayor Smith and Council Members:

As you know, I represent Prime L.L.C. and ives Hill Country Club, Inc. I have reviewed
the City's recent approval of a parking lot to be established on public land directly adjacent to the
Watertown Golf Club,
parking. · · ·- ··
on
land that Waterto\.vn Golf Club members and guests have used for
·· · · · ·

On July 30, 2020 I wrote a letter to my client expressing my concerns including that
approval by-the City would violate SEQR, in part because it would represent an impermissible
. "segmentation" ofthe necessary environmental review. ! enclose a copy of that letter.

My concerns about SEQR were consistent with advice given to the City less than a year
ago by Michael Lumbis in a November 26, 2019 memo to the City Manager, Richard Finn, a -
copy of which I have included. · ·
. . . . ' .

. I also note that City Attorney Robert Slye advised then Mayor Butler and the Council at-
its November I_ 8, 2019 meeting that a proposed parking lot in Thompson Park would require
consideration at a public hearing, consistent with the requirements for the Residential A zoning
district. _I enclose a transcript of the relevant portion of the meeting. Please note page_3. '

. This advice was given to the Council and Mayor Butler before your term began. It
appears the August 3rd action by the Council was taken either in ignorance of the advice, or in
deliberate disregard of it. I wanted to provide them for review by you and the Council. ·
Hon. Jeffrey Smith and Council Members
8-12-20
Re: Proposed parking lot in Thompson park
Page 2

I have advised my client that the Council's action on August 3rd could be challenged in a lawsuit
on these grounds, among others. My client asked me to share this information with you and the
Council so that litigation could be avoided by the Council rescinding its prior approval for the
Parking Lot at its upcoming meeting.

Very truly yours,

McMAHON KUBLICK, P.C.

~S~c
Jan S. Kublick
JSK/mbp
Encls.

cc: .Ives Hill Country Club, Inc.

 November 26, 2019

To: Richard M. Finn, City Manager

From: Michael A. Lumbis, Planning and Community Development Director

Subject: Proposed Thompson Park Public Parking Lot

As you are aware, Michael Lundy of the Watertown Golf Club, has
proposed the construction of a 70-space public parking lot in Thompson Park located
along the West Entrance Drive across from the North Down (Kite Hi11) and adjacent to
the Wate1town Golf Club. As noted in my most recent report to you on the subject, the
· project is subject to review under the State Environmental Quality Review Act (SEQRA).

The parking lot project as a standalone project would be considered an

Unlisted Action under SEQ RA based on its location, size and number of spaces. An
Unlisted Action would require the completion of Part I of a Short Environmental
Assessment Form (EAF) and the City Council would be the Lead Agency and would
complete Part II and Part III of the Short EAF.

However, after researching SEQRA Law and the NYS Depaitment of

Environmental Conservation's guiding literature, it is my recommendation that the
Council treat the project as a Type 1 Action under SEQRA. A Type I Action requires the
applicant to complete Patt I of a Full EAF and the City to initiate a coordinated review
with any other involved agencies.

As noted above, the parking lot project itself is not large enough in scope
to be a Type I Action. However, in order to avoid segmentation of the SEQRA review,
the Council must consider the parking lot project along with other planned nearby,
· interrelated projects. Proposals or parts of proposals that are related to each other closely
enough to be, in effect, a single course of action should be evaluated as one whole action.
Mr. Lundy's other known proposals that are in very close geographic proximity and are
closely related to this proposal include constructing a 3,510 square foot golf cart storage
building, a 3,200 square foot event tent, a 4,000 - 5,000 +/- square foot clubhouse, a force
main and gravity sewer along with other minor site improvements.

Although there is different ownership of the parcels involved and the

various projects may occur in different phases or at different times, the most appropriate
action is to perform one SEQRA review that considers the entire impact of the whole
action.

In my estimation, the various improvements equate to the total physical

alteration of approximately 3 acres. Since the action occurs partially within and
substantially contiguous to publicly owned parkland, the threshold for disturbance is 25%
of 10 acres or 2.5 acres. (Reference Section 617.4 (b) (10) and Section 617 (b) (6) (i) of
SEQRA). Since the proposal exceeds the 2.5-acre threshold, the Unlisted Action
converts to a Type I Action under SEQRA.
 The coordinated review of a Type I Action has specific required timelines
that cannot be accomplished prior to the December 2, 2019 City Council meeting. The
decision to reschedule the public hearing will allow Mr. Lundy time to complete Part I of
a FuU EAF and will allow Staff time to initiate a coordinated review. The public hearing
should be rescheduled once the SEQRA process is underway and the City Council is in a
position to consider Part II and III of the Full EAF.
 STATE OF NEW YORK
COUNTY OF JEFFERSON
CITY OF WATERTOWN, NEW YORK

AUDIO-RECORDED DISCUSSIONS AT THE

WATERTOWN CITY COUNCIL MEETING

COUNCIL CHAMBERS, 3RD FLOOR

245 WASHINGTON STREET
WATERTOWN, NEW YORK 13601

NOVEMBER 18, 2019

7 PM

Attendees: Joseph M. Butler, Jr., Mayor

Sarah V. Compo, Council Member
Richard "Rick" M. Finn, City Manager
Ryan J. Henry-Wilkinson, Council Member
Cody J. Horbacz, Council Member
Lisa A. L'Hullier Ruggiero, Council Member
Ann Saunders, City Clerk
Robert Slye, City Attorney

Excerpts from a video-recorded Watertown City Council meeting,

WCC111819.

Tomas R. Serrano, Transcriptionist

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P.O. Box 215, Eastwood Station
Syracuse, New York 13206-0215

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 WATERTOWN CITY COUNCIL - NOVEMBER 18, 2019
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1 (STARTING POINT: 39:25)

2 MS. SAUNDERS: Proposed law num--, local law #3 of 2019,
3 a local law imposing a temporary moratorium on the issuance of
4 sign permits for any exterior digital LED changeable copy,
5 sign, or billboard of whatever size in any of the city's

6 zoning districts, as identified as Section 310-2(a) of the

7 Code of the City of Watertown. Once this has been introduced

8 and seconded, there"ll need to be a motion for a public

9 hearing.
10 MAYOR BUTLER: I'll introduce it. Do we have a second?
11 Last chance for the second. All right. So, no second. No

12 public hearing. So, not much going on there. All right.

13 MS. SAUNDERS: That is all, Mr. Mayor.

14 MAYOR BUTLER: Okay, thank you. So, now we have two

15 staff reports and one is setting the public hearing prior to

16 adopting the comprehensive plan for the City of Watertown, and

17 we also have a scheduling of a public hearing for the proposed

18 Thompson Park Public Parking Lot.

19 MR. HORBACZ: May I move that we schedule public hearing

20 for 7:30 p.m. on Monday, December 2nd, 2019, to discuss

21 adopting the comprehensive plan for the City of Watertown?

22 MR. HENRY-WILKINSON: Second.

23 MAYOR BUTLER: All right. We got a second on that. Call

24 to question on establishing a public hearing on December 2nd,

25 regarding the comprehensive plan.

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1 MS. SAUNDERS: Council Member Compo?

2 MS. COMPO: Yes.
3 MS. SAUNDERS: Council Member Henry-Wilkinson?
4 MR. HENRY-WILKINSON: Yes.
5 MS. SAUNDERS: Council Member Horbacz?
6 MR. HORBACZ: Yes.
7 MS. SAUNDERS: Council Member Ruggiero?
8 MS. RUGGIERO: Yes.
9 MS. SAUNDERS: Mayor Butler?
10 MAYOR BUTLER: Yes. And then the next one public hearing
11 on the proposed Thompson Park Public Parking Lot. This will

12 be a public hearing for 7:30 p.m. on Monday, December 2nd.

13 MS. RUGGERIO: I have an issue with the process.

14 Wouldn't these normally go to the Planning Board first before

15 it even comes to us?

16 MR. FINN: No. Basically, we had talked about this

17 before. There's not a requirement for anything that occurs in

18 parks, and we've got a significant precedent -- a number of

19 precedents that basically set forth that it doesn't go to the

20 Planning Commission for Site Plan and Review. The seeker is

21 required and that will be part of the process. We'll also

22 basically -- during the public hearing -- I've already taken

23 steps to have our staff make a short presentation during the

24 public hearing and answer all the questions that have been

25 identified. We'll actually have a diagram of the plan and

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1 we'll talk about it in detail there in a public hearing; so,

2 that's where we are with it right now and we have had it

3 looked into. There is no requirement to go to Planning

4 Commission for site plan review for this type of thing. We

5 haven't done it in the past and it's not required. That's

6 what I have been advised.

7 MAYOR BUTLER: So, do you want to have a public hearing?

8 MS. RUGGERIO: But it does say, but I thought it said

9 because it's residence A that there is going to be one. Is

10 that, did I not

11 MR. SLYE: I'll answer that, Mr. Mayor. Yes. Typically,

12 when the City builds a public parking lot, as this has been

13 described, there's no requirement for site plan review.

14 However, when the City proposes to build a public parking lot

15 in a residence A neighborhood, our code requires a public

16 hearing first.
17 MS. RUGGERIO: Before you even do the site plan, or

18 before you go any further.

19 MR. SLYE: Just for approval of its use as a public

20 parking lot in a residence A, not for how it's designed or

21 whatever, but apparently there're going to be some design

22 plans.
23 MS. RUGGERIO: Right, because under regular residence A

24 you, I mean, this parking lot would not be allowed, correct?

25 MR. SLYE: Under any residence A it wouldn't be allowed

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1 without a public hearing. That's correct.

2 MAYOR BUTLER: So, do you favor _a public hearing?

3 MS. RUGGERIO: What does everybody else say?

4 MR. HORBACZ: No.

5 MAYOR BUTLER: Don't have a problem with a public

6 hearing.

7 MS. COMPO: I don't have a problem with a public hearing.

8 MAYOR BUTLER: You"re seeking input.
9 MR. HENRY-WILKINSON: I don"t have a problem with that,
10 MAYOR BUTLER: You want to deny the public the

11 opportunity to show up at a public hearing?

12 . MS. RUGGERIO: No, it's not that. It's a matter of the

13 order because I'm on the County Planning Board and when we get

14 things, I mean, obviously it's different but yet it's similar,

15 but when we get things, they come to us when they've already

16 had the site plan review and everything else. We usually are

17 -- or is at the final stop -- and I just thought that this

18 should be going through the Planning Board first because they

19 haven ' t even reviewed it, they haven"t seen anything from my

20 understanding of one of the Board members.

21 MR. SLYE: This is not an issue of how it's to be built

22 or how it would be laid out as you would on a site plan. This

23 is an issue of whether this Council wishes to have a public

24 parking lot in a residence A. That's the only question.

25 MS. RUGGERIO: Right.

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1 MAYOR BUTLER: All right. Still looking for an

2 introduction on the -- establishing the public hearing.
3 MR. HENRY-WILKINSON: Mayor, I'll make a motion that City

4 coun--, or the City schedule a public hearing for 7:30 p.m. on

5 Monday, December 2nd, to discuss a proposed parking lot in

6 Thompson Park.

7 MAYOR BUTLER: All right.

8 MS. COMPO: I'll second it.

9 MAYOR BUTLER: Moved and seconded. Discussion?

10 MR. HORBACZ: I think for the -- no, just for the

11 public"s benefit, this is the public parking lot that's next

12 to the golf course, just to clear that up.

13 MAYOR BUTLER: Correct. Discussion? Call to question on

14 establishing a public hearing Monday, December 2nd, 2019, to

15 get public input on the proposed Thompson Park Public Parking

16 Lot.

17 MS. SAUNDERS: Council Member Compo?

18 MS. COMPO: Yes.

19 MS. SAUNDERS: Council Member Henry-Wilkinson?

20 MR. HENRY-WILKINSON: Yes.

21 MS. SAUNDERS: Council Member Horbacz?

22 MR. HORBACZ: No.

23 MS. SAUNDERS: Council Member Ruggerio?

24 MS. RUGGERIO: Yes.

25 MS. SAUNDERS: Council Member, oh, I'm sorry, Mayor

9
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1 Butler?
2 MAYOR BUTLER: Yes. Was that intentional? That's it for

3 staff reports. New business? Councilwoman?

4 MS. COMPO: Just had a couple quick things. I was

5 contacted by a resident on Central Street, 216 Central Street,

6 where the new sidewalks are installed and apparently there is

7 a large crack in one of them, so if we could check that out,

8 and then I was also contacted by somebody who said they did

9 not get a tax bill and as a result they are late and they have

10 never been late before. My question is, is anything ever done

11 for people who have good track record of paying all the time?

12 Have you ever waived the late fee for

13 (ENDING POINT AT 47:00)

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