MINUTES OF A REGULAR MEETING OF THE CORNWALL

ZONING BOARD OF APPEALS HELD ON DECEMBER 28, 2009

CORNWALL TOWN HALL


Presiding chairman Joanne Wojtusiak called the Regular meeting of the Cornwall Zoning Board of Appeals to order at 7:30 PM on Monday, December 28, 2009 in Cornwall Town Hall.

Present were: Presiding chairman Joanne Wojtusiak, regular members Nancy Calhoun, Priscilla Miller, Virginia Potter, Ann Schillinger and Betty Spence, and alternate members Don Bardot, James Levy and Fred Scoville (in 7:31PM) . Also present were Land Use administrator Karen Griswold Nelson and legal counsel for the board, Attorney Perley Grimes.


  1. NEW BUSINESS.

      1. App# 321- Jeremy Brecher applicant/owner - Variance from Section IV “Minimum Lot and Dimension Requirements” from the 40 foot side yard (of varying dimensions) for the placement of an addition – 36 Yelping Hill Road.

Motion made by action of Chairman Wojtusiak that Land Use staff set App #321 for public hearing at the January 25, 2010 regular meeting and to instruct the property owner to stake out the boundaries of the proposed addition for Board member review.


  1. 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. 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.

Direction was given by Chairman Wojtusiak and Attorney Grimes that all three Appeals, Appeal #318 – Notice of Appeal of Kathleen and Peter O’Flinn, Appeal #319 - Notice of Appeal of Lois Redington and Appeal #320 - Notice of Appeal of Michael O’Flinn were being discussed and acted upon concurrently.

Mrs. Potter and Mr. Scoville recused themselves from the proceedings of the three appeals as listed.

In response to Chairman Wojtusiak’s question as to whether all Board members had visited the site, as required by the Board’s bylaws, all Board members stated yes.

Chairman Wojtusiak stated that the main issue of the deliberations was whether the zoning permit was properly issued and that therefore, the Board must determine whether the Sweet Peet composting operation is a farming activity according to Cornwall’s zoning regulations.

Chairman Wojtusiak opened the floor to Board members for discussion and deliberation

Discussion ensued with Chairman Wojtusiak, board members Don Bardot, James Levy, Nancy Calhoun, Ann Schillinger, Betty Spence and Pricilla Miller, providing their views on the matter. Several questions were directed to and responses received from legal representative for the Board, Attorney Perley Grimes.

After discussion and hearing no other questions or comments, Chairman Wojtusiak seated regular Board members Nancy Calhoun, Priscilla Miller, Ann Schillinger and Betty Spence, alternate James Levy and herself for action on the following 3 appeals:

Appeal #318 – Notice of Appeal of Kathleen and Peter O’Flinn, Appeal #319 - Notice of Appeal of Lois Redington and Appeal #320 - Notice of Appeal of Michael O’Flinn


In the matter of the three appeals, Appeal #318 – Notice of Appeal of Kathleen and Peter O’Flinn, Appeal #319 - Notice of Appeal of Lois Redington and Appeal #320 - Notice of Appeal of Michael O’Flinn

Motion made by Mrs. Calhoun, seconded by Mrs. Schillinger, (and amended to read) to Affirm and to Approve 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. The chairman polled the individual members, Mr. Levy, Ms. Miller, Ms. Spence, Mrs. Schillinger, Mrs. Calhoun and Mrs. Wojtusiak, voted in the affirmative by stating “I approve” and clarified that they all vote “yes” on the motions.

Chairman Wojtusiak announced the outcome of the vote to be 6 votes in the affirmative and she declared the motion on all three appeals passed unanimously.


Chairman Wojtusiak advised the Board that the Board should state the reasons for its decision on the three appeals as listed, Appeal #318 – Notice of Appeal of Kathleen and Peter O’Flinn, Appeal #319 - Notice of Appeal of Lois Redington and Appeal #320 - Notice of Appeal of Michael O’Flinn

After discussion and input from all voting members, it was agreed that the collective reasons of the Board were as follows:

A- The activity falls within Cornwall’s definition of “farming”

  1. Cornwall’s own Zoning Regulations specifically Section 16 definition of “farming” includes a reference to “handling, processing or delivering to market or direct sale of commodities” which we see as including Sweet Peet composting operation.

  2. Cornwall’s own Zoning Regulations that state they also include C.G.S.  Section 1-1(q) that specifically cites maple sugaring or any other agricultural activity as a permitted activity and which we find similar to the Sweet Peet composting operation.

  3. C.G.S. Section 1-1(q) also permits “handling…processing, storing or delivering…to market any agricultural or horticultural commodity” which we see as also consistent with the Sweet Peet production of compost.

  4. Cornwall’s own Zoning Regulations which describe “farming” as “including activities incidental to ordinary farming” which we see as descriptive of the wood shavings and manure used in Sweet Peet’s production of compost.

  5. The materials used in the Sweet Peet composting process are common in farming and the process results in an agricultural or horticultural product.

  6. In Cornwall’s zoning regulations, farming uses are permitted by Section 3.1.1a in any Zone as long as they comply with stated set-backs which this activity does.

  7. Section 2.9.5 of The Plan of Conservation & Development requests the Town Agricultural Advisory Committee to make recommendations that will “both save farmland and encourage the continuation of farming in Cornwall” and that Commission by its Resolution of September 2009 has, on the record, supported the Sweet Peet composting operation.

  8. The minutes of the Cornwall P&Z April 14, 2009 regular meeting show that the Cornwall P&Z determined that Sweet Peet was an agricultural activity and did not need a special permit.

B. in the alternative, it is an accessory use to the farming at Cream Hill Farm because:

  1. It occupies only a small portion (3 acres) out of the 700 acre Cream Hill Farm

  2. The operation is limited, by permit, to the processing of 5,000 cubic yards per year.

  3. Other farms in the area do composting, to varying degrees, e.g. Freund and Elm Knoll Farms in North Canaan

  4. Activities at Cream Hill Farm include: “managing 500+/- acres of woodland for the timber, growing 150+/- acres of grass for feeding cows, growing Christmas trees, stabling horses, and growing veal and beef” as stated in December 14th summary submitted by Charles Gold/Cream Hill Farms..

Motion made by Mrs. Calhoun, seconded by Ms. Spence, to approve the reasons as stated (and listed above) by the Chairman in the matter of the three appeals, Appeal #318 – Notice of Appeal of Kathleen and Peter O’Flinn, Appeal #319 - Notice of Appeal of Lois Redington and Appeal #320 - Notice of Appeal of Michael O’Flinn: A vote was taken and the reasons were approved by Mmes. Calhoun, Miller, Schillinger, Spence and Wojtusiak and Mr. Levy. The Chairman announced that the reasons were unanimously adopted.


Upon discussion, it was agreed that as agreed upon at the December 14 special meeting that the legal notice would not be published before January 4, 2010 to allow a full 15 days for consideration of an appeal.

Mrs. Potter and Mr. Scoville returned to the proceedings.


  1. APPROVAL OF MINUTES.

Motion made by Ms. Miller, seconded by Mr. Levy to approve the minutes of the December 14, 2009 special meeting with the following corrections:

  1. Page 1 – “by the appellants, the appealers and the public” to “by the appellants, the appellees and the public”.

  2. Page 2 – “Joseph Algrant, 163 Cream Hill Road, referencing a letter of opposition previously submitted, clarified his current stand” to “Joseph Algrant, 163 Cream Hill Road, retracted his previous letter submitted in opposition and clarified his current position as wanting monitoring of the operation”

  3. Page 2 – “Mr. Charles Gold. He presented a summary of his closing observations, letters and other correspondence” to “Mr. Charles Gold. He submitted for the record a summary, letters and other correspondence”.

Motion approved by Mmes. Calhoun, Miller, Schillinger, Spence and Wojtusiak and Messrs. Levy and Bardot; Mr. Scoville and Mrs. Potter abstained.


  1. ALL OTHER BUSINESS TO COME BEFORE THE BOARD. NONE.


  1. ADJOURN.

Motion by action of Chairman Wojtusiak to adjourn at 8:18PM.


Respectfully submitted


Karen Griswold Nelson



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