MINUTES OF A REGULAR MEETING OF THE CORNWALL

ZONING BOARD OF APPEALS HELD ON JULY 27, 2009


Presiding chairman Joanne Wojtusiak called the Regular Meeting of the Cornwall Zoning Board of Appeals to order at 8:00 PM on Monday, July 27, 2009 in the Cornwall Town Hall. Present were: Presiding chairman Joanne Wojtusiak, regular members Nancy Calhoun, Hanna Grossman, Priscilla Miller, Ann Schillinger and Virginia Potter and alternate members James Levy and Fred Scoville. Also present were Land Use administrator Karen Griswold Nelson and legal counsel for the board, Attorney Perley Grimes.


  1. NEW BUSINESS:

    1. Notice of Appeal of Kathleen O’Flynn to the Cornwall Zoning Board of Appeals in the matter of Sweet Peet/Watertown, Connecticut and Cream Hill Farm LLC.

The entire proceedings were recorded on audio tape and are available in the Town Hall.

Attorney Perley Grimes, legal counsel for the board, addressed the board regarding the “Notice of Appeal”. (Copy of Mr. Grimes’s remarks are attached.).

All regular members were seated for action on the matter.

Based on Mr. Grimes’s advice, Mrs. Wojtusiak asked for a motion, specifically, as read:

Regarding the Notice of Appeal of Kathleen O’Flinn dated June 22, 2009, the Cornwall Zoning Board of Appeals declines to schedule a public hearing on that Notice of Appeal because there had been no action taken by the Planning and Zoning Commission or the Zoning Enforcement Officer that is appealable to the ZBA pursuant to Connecticut Statutes or the Cornwall Zoning Regulations and because an application for a zoning permit for composting is pending.

Motion made by Mrs. Grossman, second by Mrs. Schillinger: Regarding the Notice of Appeal of Kathleen O’Flinn dated June 22, 2009, the Cornwall Zoning Board of Appeals declines to schedule a public hearing on that Notice of Appeal because there had been no action taken by the Planning and Zoning Commission or the Zoning Enforcement Officer that is appealable to the ZBA pursuant to Connecticut Statutes or the Cornwall Zoning Regulations and because an application for a zoning permit for composting is pending.

The floor was opened to the board for any questions prior to final action.

Mrs. Miller asked Mr. Grimes for clarification on the timing of appeals and in particular, this appeal.

With no other questions or concerns from the board, the foregoing motion was called by chairman Wojtusiak. Board members in favor, with a show of hands, were Nancy Calhoun, Hanna Grossman, Priscilla Miller, Ann Schillinger, Virginia Potter and Joanne Wojtusiak.

Mrs. Wojtusiak declared that the motion as read, was adopted by unanimous vote of the regular members.


  1. PENDING APPLICATIONS:

    1. None.


  1. APPROVAL OF MINUTES – April regular meeting.

Motion made by Mrs. Calhoun, seconded by Mrs. Potter, to approve the minutes of the April meeting with the correction of Miller as a regular member: approved Mmes. Calhoun, Grossman, Miller, Potter and Wojtusiak. Messrs. Levy and Scoville abstained due to non-attendance.


  1. ALL OTHER BUSINESS PROPER TO COME BEFORE THE BOARD.



The commission discussed the fees currently being charged for ZBA application and other Land Use applications and the correlation of the cost of processing applications including statutory noticing and the fees being collected. The matter was to be revisited with Mrs. Grossman


  1. ADJOURNMENT.

Motion made by Mrs. Miller, seconded by Mrs. Grossman to adjourn at 8:35PM; unanimously approved.


Respectfully submitted


Karen Griswold Nelson