Riley Klein
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Photo by Taylor Plett
SHARON — Construction is underway on two protected agricultural properties after the Connecticut Department of Agriculture (DOA) approved the owners’ plans to build multimillion-dollar homes in August of last year.
The properties were placed under farmland preservation restrictions in the mid-1980s, making them two of the earliest protected properties of their kind in the country. These restrictions work by placing agricultural land under easement when landowners sell their development rights to the state, barring subdivision and requiring that the land remain available for farming.
The DOA, which is the sole authority on the interpretation of the easements, found homes, garages, and pool houses to be permissible according to the language of the original deeds — an interpretation that has spurred pushback from local residents and lawmakers.
“The development is absolutely contrary to the heart and the spirit of what the easements were put in place for,” said State Senator Stephen Harding (R-30). That intention, in Harding’s view, was “protecting this land as agriculture and open space.”
One of the properties, known as Paley Farm, is at the center of a Superior Court Case brought by Sharon Land Trust (SLT) and Carol Flaton when they filed an injunction request against the residential construction in July.
Paley Farm was put under a farmland protection easement in 1984 by retired farmer Morris Paley, who told a New York Times reporter in a 1982 interview that he wanted the land to remain a working farm.
The other property, 39 Sharon Mountain Road, was put under easement by farmer Walter “Pete” Turkiewicz in 1986. It was purchased by Rokeby Farm, LLC and signed for by James Reddoch of Rye, New York in December 2021, three months before David and Liza Bainbridge, also of Rye, purchased Paley Farm. Reddoch and the Bainbridges filed applications to construct within three months of each other, and both applications were approved by the DOA in August 2023.
Attempts at contact with Reddoch and the Bainbridges were unsuccessful.
Interpreting easements
According to DOA Director of Communications Rebecca Eddy, the DOA’s decision-making process regarding such applications is “guided by the language contained in the particular recorded deed at issue.”
Eddy explained that amendments made to the development rights program in 1988 and 1996 tightened the bounds of permissible residence construction, but those amendments don’t work retroactively. As the DOA construction approval letters for both properties state, “It is likely that this house would not be permitted under our current statutes and deed requirements.” The original language, however, is all that applies.
That language, per the Turkiewicz property deed, retains the right to construct “residences for persons directly incidental to farm operation [...] as long as the acreage and productivity of arable land for crops is not materially decreased and due consideration is given to the impact of any decrease in acreage or productivity of such arable land upon the total farm operation.”
In the applications submitted by both Reddoch and the Bainbridges, the owners described their planned construction as “farm residences.” Reddoch stated that he sought to build the residence “to enable farm operations.”
According to building permits provided by the Town of Sharon Building Department, Reddoch’s construction plans include an approximately $4.6 million home, $980,000 pool house and $350,000 garage.
Both Reddoch and the Bainbridges stated in correspondence with the DOA that they plan to allow their land to be farmed, though Reddoch did not specify who would be farming the land or the timeline for beginning farm operations.
According to Eddy, farmland preservation deeds do not “force the property owners to engage in farming practices,” but require that land remains “available for farming.”
“Available for farming means that we haven’t plopped houses all over the place, we haven’t stripped the topsoil off, we haven’t negatively impacted the ability of that land to continue to be used for farming other than the footprint of the house,” said Joan Nichols, executive director of the Connecticut Farm Bureau Association, a private membership-based nonprofit that advises the DOA on the preservation program.
Nichols explained that in its early stages, Connecticut’s farmland preservation program was aimed at combating the intense development pressures that came along with the 1980s’ “boom of the subdivision movement.”
Preserving farmland
While the program bars multi-home and commercial development, State Representative Maria Horn (D-64) argued that its requirements aren’t specific enough to preserve farmland in effect.
“Is it active agriculture? When does it start? Is it just somebody who mows their field once a year and calls it agriculture?” she said, referencing the ‘available for agriculture’ language. “It allows a little too much play in my view.”
Horn has been working alongside Harding to engage the DOA, Attorney General’s office, land trusts, and local constituents on the issue of the DOA’s interpretation of the Paley easement.
Both lawmakers contend that the DOA’s decision to approve construction ran afoul of the original intent of the easement, which Horn emphasized was at the expense of constituents’ tax dollars.
According to SLT Treasurer Allen Reiser, the state paid today’s equivalent of about a million dollars to purchase Paley’s development rights. Likewise, the state paid about $300,000 to purchase Turkiewicz’s development rights in 1986, equating to over $800,000 today.
“Included in that calculation of the value of these easements is, what kinds of activities is it stopping?” said Horn. “And if this is all it meant, I think the government overpaid for these easements.”
Horn emphasized that the easement interpretation debate is especially pertinent as the state recently dedicated nearly $10 million to the DOA to purchase additional agricultural easements.
Beyond taxpayer interests, Nichols noted that farmland protection measures are of particular concern for local farmers as farmland prices continue to soar in Connecticut. The more attractive protected farmland is to non-farming buyers, the more local farmers must struggle to compete for the same land, she explained.
“We need to protect not just the interests of the land, but the interests of the farmer,” said Nichols, calling for further discourse among farmland protection stakeholders. “How do you make sure land stays in production and doesn’t turn into someone’s 60-acre lawn? That’s the question we haven’t answered yet.”
Jennifer Dillon, SLT board president, underscored the Trust’s hope in the Paley Farm court case decision to pave the way for more restrictive easement interpretations in the future.
“We’re doing this because of the precedent as much as because of this individual case,” Dillon said.
According to Horn, there’s a high likelihood that as land under historic easements changes hands in the coming years, wealthy buyers will be looking to develop more homes using the same pathway as Reddoch and the Bainbridges.
“These are spectacular properties in a very desirable area,” said Horn. “We better be prepared.”
Read more in our previous coverage of these proceedings here:
Paley Farm owners build ‘at their own risk’
Construction begins on protected farm ahead of Superior Court case
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Photo by Jennifer Almquist
More than 50 Connecticut school districts have been affected by “death threats” made on social media since the beginning of the school year. Public schools were evacuated and locked down in Winchester, Bristol, Bridgeport, Ansonia, Westport, Meriden, Norwalk, Waterbury, Fairfield, Uniondale, West Babylon, and Torrington as school officials erred on the side of caution. As of Oct. 25, 20 juveniles have been arrested.
Commissioner Charlene Russell-Tucker of the Connecticut Department of Education sent out a letter on Oct. 22 addressed to parents and guardians. The letter, also signed by Governor Ned Lamont (D) and Commissioner Ronnell Higgens of Emergency Services and Public Protection, serves to address parents’ fears and asks them to support safe schools.
“Plans focus on prevention, protection, mitigation, response, and recovery. Safety and security begin at home. We encourage parents and caregivers to help us with this.”
In a recent discussion concerning the “dangers of technology,” Governor Lamont highlighted “Kids Online Safety Act” (KOSA) introduced by U.S. Senator Richard Blumenthal (D-CT) and U.S. Senator Marsha Blackburn (R-TN) (which passed the Senate on July 30, 2024), and Blumenthal was asked about statewide online school threats.
KOSA, according to Blumenthal, “Creates a duty for online platforms to prevent and mitigate specific dangers to minors.”
“Social media is an accelerant, like in a fire,” said Blumenthal. “It can spread and deepen harmful comments, threats and bullying.” Blumenthal continued, “I think effective law enforcement, as we’ve seen in Connecticut, as well as disapproval from contemporaries, peers and fellow students, can have an enormous effect.”
“Police are being very careful to see which is a serious threat and which is maybe some lark. Or somebody thinking it’s a mischievous prank,” said Lamont. Blumenthal added, “This is no joke.”
According to The Children’s Defense Fund: “Gun violence remains the number one cause of death for children ages one to 19, with the gun death rate for children at almost five in every 100,000 in 2020. Babies born the year of the watershed Columbine massacre are now 24 years old. No youth today knows a world without the threat of sudden deadly gun violence.”
The Lakeville Journal interviewed Winchester Chief of Police Christopher Ciuci following recent threats and school closings affected Winsted.
Almquist: Chief Ciuci, when did you begin working with the Winchester Police Department?
Ciuci: I’ve been in Winsted for a year and a half, after just shy of 29 years in Berlin. I grew up in Fairfield County and now I’m learning Litchfield County.
JA: Parents on social media said they were afraid to take their kids to Pearson School in Winsted (elementary school serving 300 children grades 3 to 6) recently. There was talk of a boy threatening with a gun on their school bus. There seemed to be a lot of confusion — parents concerned about what’s real and what isn’t. There was also a lot of criticism of the response from various authorities, including school administrators and police. After school shootings like the recent one in Georgia, there is usually an uptick in copycats on social media, but this seemed different. The threats were more prevalent — more national and widespread. Do these threats seem different to you?
CC: There was a contagious effect throughout Connecticut. What exacerbated that really was the social media. Once it got out there, it just kind of spiraled. It is hard dealing with all these different social media platforms. Getting out the proper message — there is a lot of misinformation. We have dealt with things like this in the past, so there are plans in place. We have a good relationship with the schools, and Emergency Management in Winsted. When you’re talking about school safety, it’s really that partnership between all of us — the parents, the community, the town, the Police department, the Fire department, and Emergency and Emergency Management — everybody. There are plans in place at the school required by state law — school safety plans, lockdown drills.
JA: Was the school’s response adequate?
CC: I thought the principal over at Pearson School did a good job. They were dealing with a child that is only 9 years old. In Connecticut you can’t even charge a child under 10 with a crime. To be honest with you, we don’t even want to get involved with a child so young. With juveniles, our first default mechanism is to divert from the criminal justice system. Especially with a child that age. We have diversion programs; a juvenile review board here, but in this situation, nothing really fit that criterion, because of the age of the child. The school had procedures in place. They met with their social workers, and threat assessment team. They did what they were supposed to do and made an assessment.
JA: Why were parents so critical of the response?
CC: I know where things got carried away because instead of the parents dealing directly with the school, or dealing directly with us, they just started putting stuff out on social media. Then that triggers and creates alarms, and that is what we want to try to avoid. After any incident like this it’s important to sit down, look at how it was handled, and determine what can we do better next time.
JA: It was reported that recently in Ansonia, a 13-year-old girl confessed that she made a threatening school post. She was charged with first-degree threatening and second-degree breach of the peace. In Florida, Sheriff Mike Chitwood perp walked an eleven-year-old suspect into custody, and a video of the child being arrested was shown to the public. The authorities said they wanted to publicly shame the parents and their child. How do you respond to that approach?
CC: It is hard to determine a lot of these threats that that are circulating now, because the technology allows them to know they’re anonymous. We don’t know where they’re coming in. They are disguising the numbers, disguising emails, disguising the social media posts. So, it’s difficult to track that back to the source and pursue it criminally. Make no mistake, if we can identify them, we really have a zero-tolerance policy at this department when it comes to threats. If a child was of age to be criminally charged, we would still follow through with that referral process, but we would divert them to the juvenile review board. But if there was a crime committed by someone of age, the message we want to send the child is that we’re going to pursue criminal charges.
JA: How do you determine a real threat?
CC: It is a multi-layered problem when the threat is real — you have the actual perpetrator, you have an actual crime that’s going to be committed. I think probably the hardest thing is determining whether a threat is real or not. We’re a small department without enough staffing. When you talk about school safety it takes a town-wide commitment. Not just supporting the people involved in public safety, but financially supporting them as well. Providing public safety is not cheap. But it’s in between handling calls for service such as dealing with school incidents which pulls everybody away from everything else.
The Children’s Defense Fund states: “Our nation’s young people deserve the chance to have a childhood free from violence and a country with leaders who ensure that they are safe in their schools, neighborhoods, and communities.”
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Falls Village: Autumn delights
Oct 23, 2024
Lans Christensen
The spacious and inviting Falls Village Recreational Center was site of the Fall Festival on Saturday, Oct. 19.
A truly gorgeous day welcomed visitors to the afternoon gathering surrounded by fall foliage. The Recreation Department and David M. Hunt Library put together the festival and offered games, music, and food for all ages.
Kids could paint pumpkins or, if they chose, could have their faces painted. Music was provided by John Stey and Rachel Gall, who laughingly said, “ I’m also known as the Falls Village Fiddler.”
The premier draw was definitely the “Pie Contests. Open to all, “baked from scratch” pies filled the judging table and there were 14 mouthwatering entries.
Apple and pumpkin were the majority of entries, with a strawberry rhubarb in the mix as well. Four judges eagerly sampled the pies and made detailed notes on taste, originality, and presentation.
Judge Denny Jacobs said he was “amazed at the variety and differences in just the apple pies” and added, “All the pies tasted great but there were a couple of outstanding ones.”
Results were tabulated and Emily Peterson, Falls Village Recreation Director announced the winners: Piper Peterson’s pumpkin pie took third, Tamara Polk’s pumpkin took second, and the grand prize went to Eileen Kinsella and her apple pie.
The eager public was then offered a tasting and loved every entry and gave the “Peoples Choice” award to Katlyn Kinsella.
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Fall fun in North Canaan
Oct 23, 2024
Alec Linden
The North Canaan Pumpkin Fest occupied the expanse of Lawrence Field with spectacular weather on Saturday, Oct. 19.
While sporting a new name, North Canaan Events Committee Chair Jenn Crane assured that this year’s festival was a continuation of previous autumn celebrations organized by the Committee. It was the first year the event has been located at Lawrence Field, which Crane said was a welcomed change from the more restrictive sites of previous iterations.
“This is really about collaboration,” Crane said, highlighting the many partnerships that enabled the festival to go forward. The Committee joined with many local nonprofits and businesses to bring the action to Lawrence Field, including the Housatonic Valley FFA Chapter, the Scouts, Saint Martin of Tours church, The Music Lab, and the Cranford Club. Local farms also joined in, with Freund’s, Ford and Carlwood farms contributing to the festivities.
Vendor tents lined the field selling various crafts and trinkets, while activities for families included pumpkin painting, regular painting, face painting, kids karaoke and a petting zoo. The festival ran an emergency relief drive for communities in the Southeast impacted by Hurricane Helene, which was continued at town hall on Sunday.
Alpacas bask in the autumn sun at Pumpkin Fest.Alec Linden
The petting zoo was operated by the Housatonic Valley FFA and included two alpacas and several pint-sized goats in a small pen. Chris Crane, president of the chapter at Housatonic Valley Regional High School, said they’re “just trying to get outreach to the community” about opportunities with the FFA.
Other features included Heather Matthews’ “mobile classroom and book bus,” where she gives away donated children’s books. Based in Sharon, it was her first time bringing the book bus to North Canaan, and the day had been fruitful. “My goal is to give away as many books as possible,” and she had donated several hundred at the festival, Matthews said.
Another popular booth was run by national art honor society students from Mount Everett Regional School, providing face painting, painting lessons, and even caricatures for participants. Some 25-30 kids had stopped by, the students said, “and some adults too.”
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