Betts family asked to share property plans

NORTH CANAAN — The extensive clearing of a 19-plus acre property has elicited complaints and a cease-and-desist order from the Inland Wetlands Commission.At a March 28 meeting, members discussed comments they had received from residents, and read into the record a letter from a local resident and attorney regarding 54 Sodom Road. The property is on the southeast corner of an area known as Clayton Corners, at the intersection of Sodom, Clayton, Old Turnpike North and Canaan Southfield roads, at the Massachusetts border.It has a 2,512-square-foot Colonial-style home, built in 1820, situated close to the corner. The property extends to frontage on Sodom and Old Turnpike North roads, and straddles the Konkapot River.Most of the property is to the east of the river, on the side opposite the homesite. It was recently purchased from Harvey and Vivian Kimmelman of Great Barrington, Mass., by Thomas Bernstein, Jessica Betts and Margaret Betts, co-trustees of the Betts Family Trust in New York City.Two contractors at the scene the day after the meeting were making minor renovations to the house. They said they were not involved in the landscaping and could not comment on what was going on in that regard. Two small excavators were on site, but it appeared most if not all of planned clearing was already done. A small copse of trees remained opposite the driveway at the back of the home off Sodom Road. A few saplings had been planted along the driveway as it circles around to Old Turnpike North Road. The remainder of land between the house and river is barren. Some clearing was also done close to the shore on the other side.The workers referred to Roland Betts as the owner. He has a home on the northeast corner of the intersection. His office, at Chelsea Piers in New York City, where he is an owner, did not return a call placed there on March 29. As of the meeting, Inland Wetlands members Matthew Freund and Barry Brown have gone to the property twice without finding anyone to speak to.They do not believe there have been wetlands-related issues. Freund said that trees were cut at the base for several hundred feet along the river and underbrush that was thick along the riverbank was removed. However, there appeared to be no digging, erosion or work in the river itself.Extensive brush burning was reportedly conducted along the riverbank, but burn permits were issued and no burned materials were left on site.The problem is, no one sought the go-ahead from the commission. Any such work needs to either be issued a permit or given confirmation that the activities are not regulated. “If they had sought our approval first, it probably wouldn’t be an issue,” Freund said.They reviewed their regulations, which state that before commencing any activities the agency must be notified and sufficient information must be provided to determine if the activity is permitted or not.Freund said the typical procedure is for property owners to meet with him and point out their property on a town map that shows watercourses and wetland soils. It is not always as easy as it sounds. The old map is confusing and, currently, most people are sent to his East Canaan farm. That process may have become easier for potential applicants with a brand new map, one that is multicolored and far easier to read. There also was discussion of arranging for the determination of regulated activities to be made by someone in Town Hall.“It is frustrating in this day and age that there is complete and utter disregard for compliance with the commission’s regulation,” said member Michael O’Connor.Chairman Gregory Polanski said a letter from Gerry Wendrovsky to the commission was copied to the Housatonic Valley Association. The Konkapot is a tributary of the Housatonic, converging with the larger river in Ashley Falls, Mass.Wendrovsky is an attorney in New York City. He did not identify himself as a property owner here, but he also owns a home at 25 Moses Mead Road in North Canaan. In February 2012, the Betts Family Trust purchased a home at 70 Moses Mead Road. Wendrovksy was a vocal opponent of Betts’ attempt to develop Yale Farm Golf Club on 780 acres in Canaan Valley and Norfolk. That plan was withdrawn in early 2009 after seven years of seeking approvals by commissions in both towns.In his letter, written on his law firm’s letterhead, Wendrovsky described the site work as “wanton destruction.” He called for the maximum penalties to be applied.The five Inland Wetlands commissioners present voted unanimously to send a certified letter advising the property owners to stop all activities on the site and to come to the April 25 meeting prepared to present plans for the property.