Village of Baldwinsville Zoning Board of Appeals
Monday, January 10, 2022 @ 7:00 P.M.-Training Session
      Via Zoom
                                                             Approved March 14, 2022
PRESENT: Jim Zuccolotto, Chairman
                   Jon Ream
                  Matthew Fox
                   Peg Halleron
                   Eric Reinagel
ALSO PRESENT: Mr. Bob Baldwin, Attorney
Greg Sgromo, Village Engineer
                              Gregg Humphrey, Code Enforcement Officer
Mary Augustus, Secretary

Jim started the meeting by explaining this was a training session for the Board members.  There were no new applications presented but Jim felt it is necessary to review procedures and protocols.
Bob Baldwin, Village attorney stated that training session such as this should have the Minutes approved.
Jim officially opened the meeting at 7:03pm and asked if the Minutes from the last training session dated November 8, 2021 were reviewed by the Board?
Motion by Ms. Halleron was made to approve the Minutes from November 8, 2021 as written, second by Mr. Ream
                                      Carried 5:0
Jim Zuccolotto welcomed, Greg Sgromo from Dunn & Sgromo Engineering Firm.  Dunn & Sgromo is the Village’s a new engineering firm.  They are located in East Syracuse and are the Engineers for other Municipalities such as Liverpool and Geddes. Greg introduced himself and gave a background on his Firm.  His firm has employees 14, with both Engineers and Landscape and Greg assured the Board that he and his staff would be helpfully with any projects, questions, and applications the Zoning Board will need.  Gregg Humphrey felt it would be necessary to have Greg Sgromo involved when a project requires SEQRA.  A review of an application can determines if the engineering firm is needed. Bob Baldwin added the Firm would be helpful in a situation when imposing conditions for a variance. Greg Sgromo left the decision up to the Board if his firm will be needed.  Jim thanked Greg for join the meeting this evening.
The next item that the Board discussed is amending the current Code for handicap ramps installed in a residential area.  Current protocol is a person needing a handicap ramp is to fill out an applicantion which in turn is presented to the Zoning Board for review, approval, or denial.
Gregg, Code Enforcement Office together with the Board agrees that this process should be modified.  Bob Baldwin has provided the Board with a draft of wording that may fit to amend the Code.  Jim suggested the Code’s Officer take charge of making the decision after an application is presented to him.  After some discussion by the Board, Bob & Gregg it was determined the applicant needing the ramp could just apply for a building permit and eliminate the Boards review.  This would be for a standard situation, if there was further issue the application would have to go in front of the Board. They felt they wanted to lessen the burden of the applicant requiring a handicap ramp.  Bob recalled the prior cases being minor and did not present any issues.  Bob will construct an amended Code to present to the Zoning Board at the next meeting for a Resolution and vote to carry.  This will be than given to the Village Town Board for finial approval and made into law if approved. 
Jim asked Bob to review procedures and protocol of the Zoning Board of Appeals.  As Bob explained the main purpose of the ZBA is to acts on appeals of denials presented by the Code’s Officer or in some cases, it can be a granted permit in which a neighbor disagrees with the granting of that permit.  The Zone Board can act as a body that renders interpretation of the Code.  The Board receives its cases after the Code Enforcement Officer denies the applicant’s application because it does not meet our Village Code.  Bob explained the applicants do not understand the process of acquiring a variance, they must show they are entitled to it.  The applicant is required to show facts and the Board must determine those facts.  Bob continued to say the Board cannot legislate, for example, the Board cannot re-zone a large parcel of land because the owner is not yielding a profit on this (investment) property.  The applicant is asking for a mixed USE variance or a Plan Development District.  Bob explained when an application is submitted, a Public Notice is required, all though our Village Code doesn’t require a mailing to property owners affected by the variance request, we have always notified residences.  Bob reviewed the process of a Type 11 Action & SEQRA.  The Zoning Board is referred to a Quasi-Judicial Body, which means your like a court, but you’re not, the Board makes findings.  Appeals can be taken from these findings. Appeals are made to the Supreme Court. It is so important to have detailed records.  The Finding of Fact is the bases for which the Board makes their decision on granting or denying a variance.  The Board cannot make a decision without the truth, so, the facts are the truth.  
Eric Reinagel was named Deputy for the Zoning Board in the absence of Jim Zuccolotto.  Mary reminded Jim that the Board still needs an alternate member.  
Motion by Mr. Reinagel to adjourn the meeting at 8:23pm, second by Ms. Halleron
                                         Carried 5:0

 Respectfully Submitted,
 Mary E. Augustus
     Mary Augustus, ZBA Secretary