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Development has begun at 135 Millerton Rd., Sharon. As seen from the Sharon Land Trust nature trail across the street, construction of a long, winding driveway on the farm has begun.
Photo by Riley Klein
Development has begun at 135 Millerton Rd., Sharon. As seen from the Sharon Land Trust nature trail across the street, construction of a long, winding driveway on the farm has begun.
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.”
FALLS VILLAGE — Housatonic Valley Regional High School girls basketball won 52-29 against Shepaug Valley High School in round one of the Berkshire League playoff tournament Feb. 19.
The Mountaineers established a lead early in the game and maintained a double-digit buffer throughout all four quarters. Housatonic's relentless defense completely stalled Shepaug, forcing numerous turnovers that paved the way for victory.
Olivia Brooks plays point guard for HVRHS.Photo by Riley Klein
HVRHS seniors Kylie Leonard and Daniela Brennan each posted five steals in the game. Leonard led the team in scoring with 13 points and Brennan added a double-double with 11 points and 11 rebounds.
Shepaug battled until the end, but the young Spartan squad struggled to build momentum. Sophomore Eliana Ostrosky scored a team-high 10 points. Emma O'Dwyer scored eight points.
Elian Ostrosky, right, led Shepaug Valley in scoring with 10 points. Photo by Riley Klein
Housatonic advanced to the semifinals to play the reigning champs, Northwestern Regional High School. On the other side of the bracket, top-ranked Gilbret School will play Thomaston High School.
Berkshire League girls semifinals games will be played Friday, Feb. 21 on neutral ground at Nonnewaug High School. HVRHS and Northwestern play first at 5 p.m. and the Gilbert versus Thomaston will follow immediately after.
The BL girls basketball championship game is scheduled for Wednesday, Feb. 26 at 7 p.m. at Nonnewaug.
The home section of the bleachers looks on with anticipation as a three-pointer by Olivia Brooks finds the hoop.Photo by Riley Klein
The Lakeville Journal and Millerton News are seeking young journalists for an educational internship program.
The six week program provides training in the everyday operations of a community weekly. Interns will learn the news-gatheringprocess from pitch to print through regular workshops with industry professionals on topics such as photography, libel and copy-editing.
Interns will also work closely with the papers’ staff. Editors will collaborate with interns to develop stories and provide feedback throughout the program. The papers’ reporters will take interns into the field for shadowing opportunities, teaching interviewing and photography in action.
By the end of the program, interns should be capable of reporting and writing a hard news story or feature fit for print, and should have an article clip and a photograph to start a reporting portfolio. Interns should finish the six-week program with an understanding of current community journalism best practices, interviewing techniques and news-writing skills.
Interested students can find the application online at lakevillejournal.com/education-internship-programs or on our social media accounts.
WOODBURY — Housatonic Valley Regional High School boys basketball was eliminated from the Berkshire League tournament Feb. 18 after a 76-62 loss to reigning champion Nonnewaug High School.
Nonnewaug's triple-threat offense found success both in the paint and on the perimeter against Housatonic. Lincoln Nichols, Brady Herman and Matt Shupenis combined for 64 of the Chiefs' points in the quarterfinal game.
Housatonic's Jesse Bonhotel, left, sets up a play against Nonnewaug.Photo by Riley Klein
After falling behind early, the Mountaineers refused to go down without a fight. HVRHS cut a double-digit lead to seven points in the third quarter before foul trouble stalled offensive momentum.
HVRHS juniors Anthony Foley and Wesley Allyn each had season-high scoring nights with 21 and 16 points respectively. Defensively, Owen Riemer forced repeated turnovers through steals and swatted shots.
Anthony Foley scored 21 points for HVRHS Feb. 18.Photo by Riley Klein
After the game, Housatonic coach Kurt Johnson reflected on the season, calling it an "improvement but we didn't hit our ceiling." He described graduating seniors Jesse Bonhotel, Mason O'Niel, Sam and Jacob Marcus as "the toughness of the team, so that's the challenge that the young guys will have to figure out" next year.
Nonnewaug advanced to the semifinal round Feb. 20 against Thomaston High School. On the other side of the Berkshire League bracket, undefeated Shepaug Valley High School got matched against Lakeview High School. Both games will be played at Northwestern High School back-to-back beginning at 5:15 p.m.
Housatonic coach Kurt Johnson.Photo by Riley Klein