MINUTES OF A SPECIAL MEETING OF THE CORNWALL
ZONING BOARD OF APPEALS HELD ON DECEMBER 14, 2009
CORNWALL CONSIDATED SCHOOL
Presiding chairman Joanne Wojtusiak called a special meeting of the Cornwall Zoning Board of Appeals to order at 7:32 PM on Monday, December 14, 2009 in the Cornwall Consolidated School
Present were: Presiding chairman Joanne Wojtusiak, regular members Nancy Calhoun, Priscilla Miller, Ann Schillinger and Betty Spence, and alternate members Don Bardot and James Levy. Also present were Land Use administrator Karen Griswold Nelson and legal counsel for the board, Attorney Perley Grimes.
CONTINUED PUBLIC HEARINGS:
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.
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.
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.
The entire proceedings were recorded on audio digital recorders and are available in Town Hall.
The legal notice for the continued public hearing(s) for Appeals #318, 319 and 320, as published in the Waterbury Republican on Thursday, December 3rd and December 10th, 2009 was included in the record.
Chairman Wojtusiak read a list of written correspondence, numbered 17-20 and received by the Land Use office between November 24th and December 14th and stated that the written correspondence as listed and all of the exhibits for the three appeals were available for review in Cornwall Town Hall for commission members and the public. After outlining procedures for the evening’s business, the floor was opened for comments by the appellants, the appealers and the public.
Attorney Robert Alessi, legal counsel for Kathleen and Peter O’Flinn spoke in opposition to the issuance of the permit. Mr. Alessi submitted supporting information and a rebuttal statement for the record and included the record of the June 22, 2009 Appeal.
Mrs. Lois Redington, 327 Cream Hill Road, made a statement in opposition to the issuance of the permit.
The floor was opened to those members of the public speaking in opposition and in support of the issuance of the permit.
Karen Tansey, 365 Cream Hill Road) spoke in opposition (copy of letter submitted for the record.)
Graham Underwood, Dibble Hill Road, spoke in support.
James Longwell, spoke in support. (Letter submitted for the record)
Will Calhoun, Everest Hill Road, spoke in support. (Letter submitted for the record)
Ginni Block, Furnace Brook Road, spoke in support.
Wynne Kavanaugh, 26 River Road, spoke in support. (Letter submitted for the record)
Amy Cady, Pine Street, read excerpts from a letter of support from James and Wendy Kennedy
Ann Gold, read a letter of support from Loren Bevans and Bill McClane (Letter previously submitted for the record.).
Barbara Gold, read a letter of support from Nancy Van Doren and Jack Zetkulic. (Letter previously submitted for the record.)
Matthew Freund, North Canaan, spoke in support. (Letter submitted for the record)
David Jacquier, Canaan, spoke in support.
Donald Bachman, Lower River Road, spoke in support. (Letter submitted for the record)
George Werner, Harwinton, raised concerns regarding traffic.
Lawrence Van Valkenburgh, 148 Cream Hill Road, responded to Mr. Werner’s statements.
Joseph Algrant, 163 Cream Hill Road, referencing a letter of opposition previously submitted, clarified his current stand.
Toby Cole, Cream Hill Road, spoke in opposition
Jennifer Dakin, Reed Brook Road, referencing a letter of opposition previously submitted, raised questions and clarified her current stand.
The floor was opened to the commission for questions.
In response to questions from chairman Joanne Wojtusiak as to the reasons behind her decision to issue Zoning Permit #793, ZEO Karen Griswold Nelson stated that she had two reasons:
Sweet Peet is an agricultural and farming activity that complies with Cornwall zoning regulations;
Sweet Peet is an accessory use to farming activity.
Questions were also directed to Messr.’s Alessi and Gold.
Closing statements for the evening’s continued hearing were made by Mr. Charles Gold. He presented a summary of his closing observations, letters and other correspondence dated December 14, 2009, including December 14, 2009 correspondence from Herbst and Herbst.
Closing statements for the evening’s continued hearing were made by Attorney Robert Alessi,
By action of the chairman, the continued public hearings were closed at 9:32PM
REGULAR MEETING.
Presiding chairman Joanne Wojtusiak called the regular part of the Cornwall Zoning Board of Appeals meeting to order at 9:33 PM. Regular member Virginia. Potter and alternate member Fred Scoville joined the proceedings of the regular meeting.
NEW BUSINESS. None.
PENDING APPLICATIONS.
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.
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.
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.
Based on the amount of information submitted during the continued public hearing, deliberations were stated to open at the regular December 28, 2009 meeting. It was further agreed among all parties that because of holiday and vacation activities, that if the ZBA did make a determination at their December 28th meeting, that the legal notice would not be published before January 4, 2010 to allow either party the full 15 days to appeal if they so choose.
APPROVAL OF MINUTES.
Motion made by Mrs. Miller, seconded by Mrs. Schillinger, to approve the minutes of the November 23rd meeting with corrections: approved Mmes. Calhoun, Miller, Schillinger, Spence and Wojtusiak and Messrs. Levy and Bardot:; Mr. Scoville and Mrs. Potter abstained. (The amended minutes will be filed in the Cornwall Land Records in their entirety.)
ALL OTHER BUSINESS TO COME BEFORE THE BOARD.
Set meeting dates for the year 2010.
Motion made by Mrs. Calhoun, seconded by Ms Miller to approve the meeting dates of January 25, (Tuesday), February 23, March 22, April 26, May 24, June 28, July 26, August 23, September 27, October 25, November 22 and December 27, all meeting to take place in Town Hall, meetings for the months of April through and including September to commence at 8:00PM and meetings for the months of October through March to commence at 7:30PM; motion unanimously approved.
ADJOURN.
Motion made by Mrs. Schillinger, seconded by Mrs. Calhoun to adjourn at 9:53Pm; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson