Village of Otisville
Zoning Board of Appeals
Meeting Minutes
March 10, 2021
Meeting Called to Order by: Maureen Coppola, Chairwoman, 7:04pm
Present: Chairwoman: Maureen Coppola, Board Members: Joe Fornera, and Angelo
Pagano
Present Remotely: Board Member, Mary Ann McDonough, and Kathy Coppola
Guests: Mr.Ken Pinkela and Mr.Todd Boniface representatives of FOTOS, Inc
New Business: Chairwoman Coppola introduces the members present from FOTOS
Inc. Mr. Ken Pinkela and Mr. Todd Boniface who came informally before the board
seeking information on requesting an amendment to FOTOS’ use variance issued in
May 2018.
Chairwoman Coppola asked if Mr.Pinkela wished to read the email he submitted to the
ZBA. Mr.Pinkela stated that he did not think that was necessary as a copy had been
provided to the members of the board. FOTOS is coming before the board because, in
their attempt to move forward with phase one of their project, they have come before
the planning board where they were given comments by the Village’s engineer. The
engineer states that The ZBA approval was for a “community center with necessary and
appropriate accessory uses, but not for commercial or industrial uses.” This wording
within the variance creates a conflict with the phase one opening of the Community
center, as one of the uses listed in their strategic vision plan is for a daycare or pre-K
center, which in the opinion of the engineering office is a commercial use. For this
reason the planning board suggested that FOTOS appear before the ZBA and apply for
an amendment to the variance. Mr.Pinkela feels that there was an issue in the precision
of language used where the variance states that there is no allowance for commercial
use. In his research he has found a term of “light commercial” that he feels is more
suitable use in the variance to use as a definition of allowable commercial enterprise
such as a daycare. He informed the board that the ZBA and Planning Board attorney,
Mr.Glen Plotsky was present at the planning board meeting and proposed that FOTOS
could apply for an amended resolution to the variance in an attempt to have a more
precise language that would allow for the use of a daycare, if the ZBA saw fit to make
the amendment. Without an amended resolution FOTOS would be unable to rent the
space out to a daycare, which is one of their sought after uses by members of the
public. FOTOS is looking to move this process along as fast as they are able as it’s their
interest to have the Old School Community Center open for the Village’s Centennial.
Board member MaryAnn McDonough states it’s the ZBA’s job to protect the people’s
interest against those entities that do not fit. The ZBA must seek legal counsel before
they are able to move forward. Mr.Pinkela urges the board to remember the language in
the deed of the property that protects, as a double protection against certain groups or
entities to ever purchase the property. He feels that it would have been accidental that
the ZBA would create a position that would not allow FOTOS to be able to rent out the
space to light commercial enterprises, such as a daycare. That it was unintentional that
they would become limited in such a way. Board member McDonough states that she
does not think it was accidental, but was purposeful to not allow commercial use. She
asks that the members of the board look at the deed for the property and review the
findings of fact from May 2018. She feels it was done purposely to protect the village
and its community. She states that the ZBA was unable to list allowable commercial
enterprise at the time the variance was issued as FOTOS did not have tenants lined up
at that time to use the space. Since the space’s use was vague at the time when the
variance was issued the variance was worded in such a way to allow for that protection.
Mr.Pinkela asked what services may fall under light commercial and asked that the
members of the board read FOTOS’ strategic plan so they can better understand what
those services could be. He is to provide the board with a copy of the plan for their
review. Board member McDonough asked also that any minutes pertaining to the time
period of the variance be pulled for review. In Summary Mr.Pinkela states that he feels
that this process should go rather smoothly as the planning board and the ZBA share an
attorney in Mr.Plotsky, and he should be able to help the ZBA in the decision making
process, and seems optimistic at working with the ZBA to overcome this obstacle.
Board member McDonough clarified that Mr.Plotsky does not make the decision for the
board but merely provides legal counsel to the board. She reminded Mr.Pinkela that it is
the decision of the board as to whether an amended resolution will be issued or not.
Board member, Mr. Angelo Pagano adds that the board would have to look at the
language to appropriately fit it’s uses. Chairwoman Coppola reminds everyone present
that it's the board's job to protect everyone, and the building both for now and in the
future, as when a variance is issued, it’s issued to the property and not the applicant.
Board member McDonough left the meeting at 7:27pm
Mr. Pinkela and Mr.Boniface left the meeting at 7:30 pm
Old Business: None
Chairwoman Coppola asked if all members reviewed the minutes from the February
meeting.
A motion was made:
Joe Fornera made a motion to approve the minutes from the February 10th meeting
Kathy Coppola 2nd the motion
All in Favor, Aye- None opposed
Chairwoman Coppola distributed the voucher for the training stipend to the members of
the board. She asked that they all complete the form and return it to her for submission.
Correspondence:
Email from FOTOS to meet informally before the board to discuss an amended to use
variance.
Email from UNISON Projects LLC to return their escrow funds to them.
A motion is made:
Kathy Coppla makes a motion to close the Escrow account for UNISON Projects, LLC
for their project at 36 Seybolt Ave.
Angelo Pagano 2nd the motion.
All in favor, Aye- None opposed
As a final comment, board member Joe Fornera states, he thinks it’s important to keep
the essence of the community center for the community, and not for people who are
looking to make a gross profit, where the services are no longer attainable to the
members of the community.
A motion is made:
Joe Fornera makes a motion to adjourn the meeting
Angelo Pagano 2nd the motion
All in favor, Aye, none opposed.
Meeting Adjourned 7:55pm
The next meeting is April 6th, 7pm
Respectfully Submitted:
Dawn Howell, ZBA Secretary
CC: Village Board, Building Inspector, ZBA Liaison, Planning Board, ZBA Attorney, File
