Construction begins on protected farm ahead of Superior Court case

SHARON — Paley Farm’s new owners have begun to develop a multi-million-dollar home on the property despite pending resolution of an injunction request to block construction.

In March 2022, a couple from New York purchased 187.33 acres of protected farmland at 135 Millerton Rd. Since then, the owners, David and Liza Bainbridge of Rye, have received approvals to construct a residence on the historic farm.

The land known as Paley Farm was owned by the Paley family going back to 1939. In 1982, the Paleys moved to the location of the current Paley Farm Market and sold the original farm on Millerton Road.

In the early 1980s, farmland in the state was being swallowed up by developers. Morris Paley set out to protect his family’s farm with the help of the Connecticut Department of Agriculture (DOA) and American Farmland Trusts.

The team succeeded in conveying the development rights of three parcels totaling 187.33 acres to the DOA, thus conserving the land for farming. In total, the state paid more than $300,000 for the conveyance. The New York Times reported on this effort under the headline, “Trust Acts to Save a Farm in Sharon.”

With development rights now in the hands of the state, Paley sold the property to Timothy and Patricia Parry. The land changed hands twice more in the 1990s and made it to 2022 when the Bainbridges bought the farm in its protected state. Land sale records show the purchase price in 2022 was $1,475,000.

The land is still used as a farm today, specifically for hay production. The hay is harvested by a nearby dairy operation that requested to remain unnamed.

After purchasing the plot, the Bainbridges applied to DOA for building approval in November 2022. The application proposed a two-story home with a two-car attached garage, pool, outdoor spa, septic system/leach field, well, electricity installation including buried utility lines and three utility vaults, back-up generator with transformer and wood-clad fence, driveway, driveway court, and garage court.

Sharon Land Trust (SLT) and a group of concerned citizens took steps to intervene in late 2022 and early 2023. When lobbying efforts to DOA, state legislators and the Council of Enviornmental Quality yielded no results, the group offered to buy the farm from the Bainbridges.

By summer of 2023 a verbal agreement to purchase the land had been reached at a cost of $1.5 million, set to close on or before Aug. 31 of that year. On Aug. 17, 2023, DOA approved the Bainbridges’ application to build, and the land sale agreement was abandoned.

In its decision, DOA stated, “the Department has determined that the proposed residence does not materially decrease the acreage and productivity of arable land for crops and that due consideration was given to the impact of any decrease in acreage or productivity of arable land upon the total farm operation.”

The Bainbridges have continued to seek building permits in 2024. Most recently, on July 15, a building application was approved by Sharon Land Use Administrator Jamie Casey, who reported that the applicants met all planning and zoning requirements. The application was not put before the Planning and Zoning Commission since dwelling construction is considered a by-right activity of landowners and does not require a special permit.

Permits were issued to the Bainbridges to construct a foundation, valued at $371,000, and a wood-framed home valued above $3 million. More than $30,000 in permit fees were issued to the Town of Sharon by the Bainbridges.

Before the permit approval, on July 5 legal proceedings were filed by SLT and Carol Flaton (concerned citizen) with Torrington Superior Court. SLT and Flaton are represented by Cohen & Wolf P.C. of Danbury and the Bainbridges are represented by Halloran & Sage LLP of Hartford.

The plaintiffs claim DOA “misconstrued the 1984 conveyance and applicable statutes” in its decision to approve construction.
The filing states the Connecticut regulatory definitions have changed over time and DOA must consider the language in place at the time of conservation (1984). A statute in the regulations allows for “other improvements” that are directly incidental to agricultural enterprise, but the language of this statute has been modified since the conveyance went into place.

“Thus, whether the residence materially decreases land for crops is irrelevant — the only relevant consideration is whether a proposed residence is ‘directly incidental to farm operation’,” the filing states. “Neither Morris Paley nor the Department of Agriculture in 1984 intended to allow for large weekend homes in the middle of prime farmland.”

SLT requested a court-ordered injunction take effect to prevent construction on the property while court proceedings are ongoing. On Aug. 9, Torrington Superior Court requested accompanying documents for the injunction. The Bainbridges received a summons to appear in court Sept. 26 for an opportunity to dispute the injunction. The plaintiffs expect to learn if the group has standing to bring the case at the Sept. 26 hearing.

In the interim, Judge Walter A. Menjivar permitted the defendants to begin driveway construction. Development of Paley Farm began Aug. 12.

When contacted, David Bainbridge offered no comment. Ken Slater of Halloran & Sage LLP confirmed he was representing the Bainbridges but declined to comment on the ongoing case.

State Rep. Maria Horn (D-64) described the situation as “very disappointing.” She noted that the conveyance of development rights at Paley Farm was among the first such easements in the state. In conversations with DOA, she gathered that the department “felt like it didn’t have the authority to enforce it the way they wanted to.”

Sharon Land Trust Treasurer Allen Reiser worried about the precedent this sets. He said there are several other properties in Sharon protected by 1980s conveyances that could be developed if DOA allows.

“As a land trust obviously we’d love for as much land as possible to be preserved. But this is a property the State of Connecticut paid, in today’s dollars, a million dollars to be conserved and they’re not enforcing the easement properly,” said Reiser. “It rubs me the wrong way as a taxpayer and it rubs me the wrong way as a Sharon Land Trust member. That being said, we recognize and support the ability of property owners to build and modify residences to whatever extent is allowed by local zoning rules.”