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PZC Meeting Minutes 03/19/2013
Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
March 19, 2013 – 7:30 PM
Meeting Minutes


Roll Call

Members Present:
Andrew Marco – Chairman
Phil Nevers
John Sullivan
Walter Parsell
Edward Standish
Doug Roberts

Members Absent:
Thomas Murphy – Secretary
James Poole

Also Present:
Martha Fraenkel – Interim Zoning Agent

Chairman Marco called the meeting to order at 7:30.  D. Roberts was seated for T. Murphy.

New Business

PZC2013-3 Application for Zone Change from R80 zone to Design Commercial (DC) zone at 00 Polster Road & 3 Polster Road & 00 Polster Road (Map 46 Lots 16 & 17) Owner: Joseph & Frank Malack Applicant: Love’s Travel Stops & Country Stores (Received February 19, 2013 Public Hearing April 16, 2013 Decision within 65 days after close of P.H.)

The Public Hearing has been set for April 16, 2013.

PZC2013-4 Application for Special Permit for motor vehicle fuel sales, tire repair and replacement, retail trade and two restaurants (Travel Stop) at 00 Polster Road & 3 Polster Road (Map 46 Lots 16 & 17) Owner: Joseph & Frank Malack Applicant: Love’s Travel Stops & Country Stores (Received February 19, 2013 Public Hearing April 16, 2013 Decision within 65 days after close of P.H.)

The Public Hearing has been set for April 16, 2013.

Wayne Kasacek to discuss plan to modify boundaries of existing deeds that comprise the estate of Louis Kasacek property located at 247 Willington Hill Road.

Richard Mihok was present on behalf of Wayne Kasacek.  Mr. Kasacek is the Executor of his father’s estate and needs to distribute the land among the family.  Mr. Mihok said the land started out as three separate parcels and presented the history of the parcels and the proposed lot line revisions.  He said the original tract consisted of 76 acres with the first cut in 1974 and a separate tract which was created by the New London Railroad in 1866.  The applicant is proposing to convey 46 acres to Emily Kasacek’s daughter, and to enlarge the Emily and Paul Kasacek House lot and combine the New London Railroad parcel with the remaining acreage; they are doing a lot line modification.  

Mr. Kasacek said the original track was 76 acres.  A discussion was held on the lot line revisions proposed.  Mr. Kasacek said the size of the two larger lots will be 32 acres and 47 acres.  He said it’s all staying in the family; they just want to adjust the lines.  E. Standish said the application still falls under the same subdivision regulations if the applicant divides the lots in the future.  Mr. Kasacek said they came before the Commission two years ago, in 2010, and the application was remanded to staff.  W. Parsell questioned what happened at this time and A. Marco said he believes they were waiting for a parcel history map.  A discussion was held on the lots and the revisions proposed.

The applicant is looking to settle the estate at this time.  Further discussion was held on the lot line and the consensus was it is not subdivision plan; it is a lot line revision plan.  

M. Fraenkel referred to the minutes of 2010 with S. Yorgensen raising a question on agricultural restrictions.  The applicant said all land is in public act 490.  

Chairman Marco asked if the lots need to be numbered and M. Fraenkel said they need dimensions but are not numbered because it is not a subdivision.  The Commission had no further questions.  

E. Standish motioned to remand to staff the plan to modify boundaries of existing deeds that comprise the estate of Louis Kasacek property located at 247 Willington Hill Road as previously done as a lot line revision.  W. Parsell seconded the motion.  All in favor.  Motion carried

PZC2013-8 Application for Special Permit for Rear Lot at Tolland Turnpike (Map 29 Lot 7 Zone R80) Owner/Applicant: Mark Marquis (Received March 19, 2013 Public Hearing by May 21, 2013 Decision within 65 days after close of P.H.)

Richard Mihok was present for the applicant.  He said all the wetlands have been located and soil testing has been done.  They are waiting for a Letter from Jody Schmidt; she is still reviewing the site and the applicant expects a letter back within the week.  

Mr. Mihok said the lot was originally created in 1991 as a free cut.  The applicant said the lot shares a portion of Old Johnson Road which runs along the northern boundary which is abandoned.  He said they physically own 25 feet but have the right to use Old Johnson Road.  Mr. Marquis was present; he would like to own his own driveway and a discussion was held on Johnson Road and the proposed driveway.

A discussion was held on the proposed site line and the applicant said the proposed leech field meets the offsets and the rear lot meets the requirement of 25 feet of frontage.  

M. Fraenkel said the application has not yet been reviewed by Jacobson & Associates.  The Commission reviewed the regulations and the applicant is in compliance with the rear lot regulation.  A discussion was held on the Public Hearing.  The Commission would like the applicant to contact the Department of Transportation and also submit the report from Jody Schmidt.  The Commission will submit the application to their engineer for review.  The Commission recommended the applicant also contact the Fire Marshal.  

E. Standish motioned to set the Public Hearing for April 16, 2013.  D. Roberts seconded the motioned.  All in favor.  The Public Hearing has been set for April 16, 2013 and the Commission would like this Public Hearing first on the agenda.  

A discussion was held on notifying the abutters which requires two weeks’ notice of the Public Hearing.  The applicant asked if the notices have to be certified mail, return receipt requested and M. Fraenkel said she believes so but would get a definitive answer for the applicant.  

Minutes

P. Nevers motioned to approve the minutes of March 5, 2013.  W. Parsell was excused which was not noted in the minutes.  A discussion was held on the members abstaining due to their absence.  Minutes were tabled as the Commission had a Quorum to approve the minutes.  

Correspondence

No correspondence at this time.

Discussion and Public Comment

Ralph Tulis questioned the Commission’s workshops and as to why the minutes were not posted.  A discussion was held.  The Commission will work with Staff on how best to handle the workshops.  

Meeting Adjourned at 8:35.

Respectfully Submitted,

Michele Manas
Recording Secretary