AMENDED MINUTES OF A REGULAR MEETING OF THE CORNWALL

ZONING BOARD OF APPEALS HELD ON NOVEMBER 23, 2009

Presiding chairman Joanne Wojtusiak called the Regular Meeting of the Cornwall Zoning Board of Appeals to order at 7:32 PM on Monday, November 23, 2009 in the Cornwall Town Hall.

Due to the number of persons in attendance as relating to the capacity of the Town Hall meeting room, presiding chairman Wojtusiak adjourned the meeting at 7:33PM to reconvene at 7:55PM in the gymnasium of the Cornwall Consolidated School.

Presiding chairman Joanne Wojtusiak reconvened the meeting at 7:58 PM in the gymnasium of the Cornwall Consolidated School. Present were: Presiding chairman Joanne Wojtusiak, regular members Nancy Calhoun, Priscilla Miller, Ann Schillinger, Betty Spence, Virginia Potter and alternate members Don Bardot, James Levy and Fred Scoville. Also present were Land Use administrator Karen Griswold Nelson and legal counsel for the board, Attorney Perley Grimes.

PUBLIC HEARINGS:

The entire proceedings were recorded on audio digital recorders and are available in Town Hall.

The legal notice for the public hearing(s) for Appeals #318 and 319, as published in the Waterbury Republican on Thursday, November 12 and November 19^th, 2009 was read into the record.

Regular member Virginia Potter and alternate member Fred Scoville recused themselves from the proceedings for Appeals #318 and #319.

Chairman Wojtusiak read a list of written correspondence, numbered 1- 16 and received by the Land Use office between November 19^th and November 23^rd and stated that the written correspondence and the record of the Zoning Enforcement Officer were available for review in Cornwall Town Hall.

Attorney Perley Grimes stated that Appeals #318, 319 and new application #320 were being heard concurrently in the public hearing forum that evening, as agreed upon between the legal representatives for all of the parties involved.

1. Appeal #318 – Notice of Appeal of Kathleen and Peter O’Flinn from the issuance of Zoning Permit #793 to conduct a composting operation issued to Sweet Peet of CT LLC and Cream Hill Farm LLC by the Cornwall Zoning Enforcement Officer on October 8, 2009 on property owned by Cream Hill Farm, Cream Hill Road located on parcel shown on Cornwall Assessors map E-11-04-02.

2. Appeal #319 - Notice of Appeal of Lois Redington from the issuance of Zoning Permit #793 to conduct a composting operation issued to Sweet Peet of CT LLC and Cream Hill Farm LLC by the Cornwall Zoning Enforcement Officer on October 8, 2009 on property owned by Cream Hill Farm, Cream Hill Road located on parcel shown on Cornwall Assessors map E-11-04-02

3. Appeal #320 - Notice of Appeal of Michael O’Flinn from the issuance of Zoning Permit #793 to conduct a composting operation issued to Sweet Peet of CT LLC and Cream Hill Farm LLC by the Cornwall Zoning Enforcement Officer on October 8, 2009 on property owned by Cream Hill Farm, Cream Hill

Mr. Peter O’Flinn made a presentation in opposition to the issuance of the permit.

The following information was made part of the record by the applicant’s legal counsel, Robert Alessi:

• October 22, 2009 correspondence from Jeffrey A. Creque, PHD and principal, of Land Stewardship Consultation, Petaluma, CA. with attached resume of Mr. Creque.

• November 17, 2009 correspondence from Bruce Hillson, PE from Traffic Engineering Solutions, PC, Glastonbury, CT with supporting attachments and resume of Mr. Hillson.

• Photographs (used as part of the presentation) and information of various sized vehicles referenced by Mr. O’Flinn as part of the presentation.

• Copy of August 23, 2009 newspaper article entitled “Manure-to-mulch plan proposed” as appearing in the Sunday “Republican American” on August 23, 2009.

Mr. Alessi asked if all ZBA members had received the October 23, 2009 Notice of Appeal from Mr. and Mrs. O’Flinn consisting of 47 pages. He was advised that each member had a copy as that was Exhibit #24 in the Record made by the ZEO. The accompanying exhibits for #24 will be received at the continuation of the public hearing on December 14, 2009.

Mrs. Lois Redington, 327 Cream Hill Road, made a presentation in opposition to the issuance of the permit.

Information made part of the record:

• Copy of “Equine flu Q and A/horetalk.co.nz – pages 1 to 4 from the web.

• Copy of definition of “Equine influenza” from Wikipedia, pages 1-4

The floor was opened to those members of the public speaking in opposition to the issuance of the permit.

Tom Brashares, 384 Cream Hill Road, spoke in opposition.

Torrey Estern Jadow, spoke in opposition, reading excerpts from letters submitted from the following persons. Letters submitted as listed and made part of the record.

1. John Zabriskie, 285 Cream Hill Road.

2. Joseph Algrant, 163 Cream Hill Road.

3. Ann Estern, 432 Cream Hill Road.

4. Jennifer Dakin, Reed Brook Road.

5. Markus Kraebber, Cream Hill Road.

6. Virginia Kindred.

7. Michael O’Flinn, 344 Cream Hill Road.

8. Susie and Pablo Taboada, Reed Brook Road.

9. James Fishman, 59 Cream Hill Road.

Karen Tansey, 365 Cream Hill Road) spoke in opposition (copy of letter submitted for the record.)

Toby Cole, Cream Hill Road, spoke in opposition.

Mr. Charles Gold and Mr. Ralph Gold made a presentation in support of the issuance of the permit.

The floor was opened to those members of the public speaking in support of the issuance of the permit.

Huntington Williams, 248 Cream Hill Road, spoke in support. (Letter submitted for the record.)

Lawrence Van Valkenburgh, 148 Cream Hill Road, spoke in support. (Letter submitted for the record)

Jean Bouteillier, Town Street, spoke in support. (Letter previously submitted for the record.)

Celia Senzer, 37 Cogswell Road spoke in support. (Letter submitted for the record)

Kathy and Phil West, 114 Cream Hill Road spoke in support. (Letter submitted for the record)

Brenda Underwood, 225 Dibble Hill Road spoke in support. (Letter submitted for the record)

Carl Hermann (visual identification as no name stated) spoke in support. (Letter previously submitted for the record.)

John Miller, 186 Warren Hill Road spoke in support. (Letter submitted for the record)

Joan Thitchener, 315 Cream Hill Road, spoke in support. (Letter submitted for the record)

John Dutton, 108 Town Street spoke in support. (Letter submitted for the record)

Larry Stevens, 176 Cream Hill Road spoke in support. (Letter submitted for the record)

Virginia Potter, 337 Town Street spoke in support. (Letter previously submitted for the record.)

Bethany Berry, 22 Yelping Hill Road spoke in support. (Letter submitted for the record)

Tracy Gray, 15 Rattlesnake Road spoke in support. (Letter previously submitted for the record.)

Skip Kosciusko, EMS captain/firefighter of the Cornwall Volunteer Fire Department, spoke to safety issues of truck traffic, fire suppression ability and water supply (for fire protection) in Cornwall and other matters and spoke in support.

John Scott, 52 Cream Hill Road, spoke in support. (Letter submitted for the record.)

Ann Gold, read correspondence from Ralph and Elizabeth Brown, Town Street and excerpts from correspondence from Margaret Cooley, Cherry Hill Road into the record.

Jim Terrell, Cornwall Plains, spoke in support.

Barbara Gold, 6 Rexford Road, read excerpts from correspondence from Erica and Hector Prud’homme, Leland and Frances Taliaferro, Town Street, Dick and Suzanne Frank (entered into the record with packet submitted by Mr.’s Gold.)

Jeremy Brecher, Cream Hill Road, spoke in support.

Closing statements for the evening’s hearings were made by Mr. Charles Gold. He presented a submission of documents dated November 23, 2009 information from Cream Hill Farm (with exhibits 1-23 & 25) for the record.

Chairman Wojtusiak addressed the continuation of the public hearing to December 14^th.

With note made that Mr. O’Flinn could not be in attendance on December 14^th, Attorney Alessi asked that consideration of procedures for the continuation be discussed. The Chairman and Counsel will discuss and inform counsel prior to the December 14^th continued public hearing

Chairman Joanne Wojtusiak adjourned the public hearings at 10:45PM, stating that the public hearings for the 3 appeals were being continued to Monday, December 14, 2009, to commence at 7:30PM in the gymnasium of the Cornwall Consolidated School.

REGULAR MEETING

1. NEW BUSINESS.

   1. Appeal #320 - Notice of Appeal of Michael O’Flinn from the issuance of Zoning Permit #793 to conduct a composting operation issued to Sweet Peet of CT LLC and Cream Hill Farm LLC by the Cornwall Zoning Enforcement Officer on October 8, 2009 on property owned by Cream Hill Farm, Cream Hill.

See public hearings.

2. PENDING APPLICATIONS.

   1. Appeal #318 – Notice of Appeal of Kathleen and Peter O’Flinn from the issuance of Zoning Permit #793 to conduct a composting operation issued to Sweet Peet of CT LLC and Cream Hill Farm LLC by the Cornwall Zoning Enforcement Officer on October 8, 2009 on property owned by Cream Hill Farm, Cream Hill Road located on parcel shown on Cornwall Assessors map E-11-04-02.

   2. Appeal #319 - Notice of Appeal of Lois Redington from the issuance of Zoning Permit #793 to conduct a composting operation issued to Sweet Peet of CT LLC and Cream Hill Farm LLC by the Cornwall Zoning Enforcement Officer on October 8, 2009 on property owned by Cream Hill Farm, Cream Hill Road located on parcel shown on Cornwall Assessors map E-11-04-02.

3. APPROVAL OF MINUTES.

Motion made by Mrs. Calhoun, seconded by Ms. Miller to approve the minutes of the October 23, 2009 meeting as presented: unanimously approved.

4. ALL OTHER BUSINESS TO COME BEFORE THE BOARD.

   1. Set meeting dates for the year 2010. Deferred until the December 14^th meeting.

5. ADJOURN.

Motion by action of the chairman to adjourn at 10:50PM; unanimously approved.

Respectfully submitted,

Karen Griswold Nelson

Clerk for the Zoning Board of Appeals