Construction begins on protected farm ahead of Superior Court case

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

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.”

Latest News

Crescendo’s upcoming tribute to Wanda Landowska

Kenneth Weiss (above) will play a solo recital performance in honor of Wanda Landowska, a harpischord virtuoso, who lived in Lakeville for many years.

Provided

On Sept. 14, Crescendo, the award-winning music program based in Lakeville, will present a harpsichord solo recital by Kenneth Weiss in honor of world-renowned harpsichordist Wanda Landowska. Landowska lived in Lakeville from 1941 to 1959. Weiss is a professor at the Paris Conservatoire and has taught at Julliard. Born in New York, he now resides in Europe.

Weiss will play selections from “A Treasury of Harpsichord Music.” It includes works by Baroque composers such as Bach, Mozart, and Handel. It was recorded by Landowska at her Lakeville home, at 63 Millerton Road, which overlooks Lakeville Lake. Weiss said, “I am honored and excited to play in Lakeville, where Wanda Landowska lived.”

Keep ReadingShow less
Silent cinema, live magic

The live audience at Music Mountain takes in a silent film Sept. 7.

Natalia Zukerman

On Saturday, Sept. 7, Gordon Hall at Music Mountain was transformed into a time machine, transporting the audience for a 1920’s spectacular of silent films and live music. Featuring internationally acclaimed silent film musicians Donald Sosin and Joanna Seaton, the evening began with a singalong of songs by Gershwin, Irving Berlin and more. Lyrics for favorites like “Ain’t We Got Fun,” “Yes Sir That’s My Baby,” and “Ain’t Misbehavin’” were projected on the screen and Sosin and Seaton lead the crowd with an easeful joy. The couple then retreated to the side of the stage where they provided the live and improvised score for Buster Keaton’s 1922 short, “Cops,” and his 1924 comedy, “Sherlock Jr.”

Joanna Seaton and Donald Sosin, a husband-and-wife duo, have crafted a singular career, captivating audiences at some of the world’s most prestigious film festivals—New York, TriBeCa, San Francisco, Seattle, Denver, Telluride, and Yorkshire among them. Their performances have graced venerable institutions like MoMA, Film at Lincoln Center, the AFI Silver Theatre, and Moscow’s celebrated Lumière Gallery. Their melodic journey has taken them to far-flung locales such as the Thailand Silent Film Festival and the Jecheon International Music and Film Festival in South Korea. Notably, Seaton and Sosin have become a fixture at Italy’s renowned silent film festivals in Bologna and Pordenone, where they perform annually.

Keep ReadingShow less
Desperately seeking Susan Seidelman

The cover art for Seidelman's memoir "Desperately Seeking Something."

Provided

On Thursday, Sept. 19 at 6 p.m., Haystack Book Talks will present a special evening with director Susan Seidelman, author of “Desperately Seeking Something: A Memoir About Movies, Mothers, and Material Girls.” Part of the Haystack Book Festival run by Michael Selleck, the event will take place at the Norfolk Library, featuring a conversation with Mark Erder after a screening of the 1984 classic, “Desperately Seeking Susan.”

Susan Seidelman’s fearless debut film, “Smithereens,” premiered in 1982 and was the first American indie film to ever compete at Cannes. Then came “Desperately Seeking Susan,” a smash hit that not only solidified her place in Hollywood but helped launch Madonna’s career. Her films, blending classic Hollywood storytelling with New York’s downtown energy, feature unconventional women navigating unique lives. Seidelman continued to shape pop culture into the ’90s, directing the pilot for “Sex and the City.” Four decades later, Seidelman’s stories are still as sharp, funny, and insightful as ever.

Keep ReadingShow less
Annual Tritle organ concert at Smithfield

Kent Tritle at the organ of the Cathedral of St. John the Divine in NYC.

Joshua Smitth

An anticipated fall favorite event at The Smithfield Church is the now-annual virtuoso organ performance by Kent Tritle, organist for the New York Philharmonic, this year to be joined by Arthur Fiacco, Jr. on Cello. The concert will be held on Saturday, Sept. 14, at 3:30 p.m. Proceeds will benefit the Oratorio Society of New York where Tritle serves as Music Director.

For the past ten years, Tritle has performed an annual concert on the Smithfield Church’s historic tracker organ, a favorite of his. The program will include a variety of selections, from classical to modern, along with Tritle’s incomparable commentary on each. Selections will include organ solos and duets with cello, interpreting the works of Bach, Vivaldi and Mendelssohn, with two works by modern composers.

Keep ReadingShow less