New twist on turbine plan: Whose land was clear cut?

FALLS VILLAGE  — The state Department of Environmental Protection(DEP)  is investigating what appears to be an encroachment on Housatonic State Forest land.

Specifically, it involves a more than 2-acre clear cut at the top of Canaan Mountain to allow a meteorological test tower for a potential wind turbine site.

Site development is proposed by BNE Energy Inc. on Freund’s Farm in East Canaan. The tower, which would monitor things like wind velocity and sustained speeds, has not yet been built.

Chris Martin, director of forestry at the DEP, said his agency is investigating, but no final determination will be made until a comprehensive ground survey can be done there. That probably won’t happen until the snow melts in the spring.

“We had a crew go up with GPS units and take readings,� Martin said. “The readings were transferred onto our map. The clear cut appears to be on state property, but it’s very close to the property line. We don’t have enough faith in the accuracy of our GPS system to make a definite call at this point.�

The matter is further complicated by unclear marking of numerous property lines there, which include boundaries between North Canaan, Falls Village, Housatonic State Forest and Centennial Watershed State Forest. The latter is former Norfolk Water Company land, which was transferred to Bridgeport Hydraulic Co., then Aquarion Water Co. It is now jointly managed by the DEP, Aquarion and The Nature Conservancy.

Martin said the Housatonic section is a piece that the DEP has paid little attention to, describing it as a “satellite piece,� a 96-acre forest addition whose boundaries were never marked.

It was farm owner Matthew Freund who directed BNE to the site, which needed to be as close to the top of the ridgeline as possible. The farm regularly cuts timber on the mountainside. Freund reportedly used a monument, a manmade marker, to determine the property line. If that marker is accurate, the clear cut was made on farm property.

“We’re not sure that monument marks that property line,� Martin said. “It could be a town line marker.�

Such markers are only properly installed by a licensed surveyor. It is another aspect of the matter that needs to be investigated.

Encroachment on state land is a situation that is, unfortunately, not unusual, according to Martin.

“People have built tennis courts, garages and portions of houses on state land.�

If it turns out the clearing was indeed done on state property, a penalty will have to be levied.

“The land is held in public trust. There would have to be some sort of retribution. It would be the responsibility of the farm,� Martin said, “although I don’t know what sort of agreement they have with the energy company.�

A stump count and tree diameter measurements would be made to determine the value of the cut timber, providing the basis for a fine. Replanting would not be done.

“We would also look for negative impacts on species that might live there. It’s pretty rocky ground, and I don’t think there is much to worry about in that respect. We clear cut on state land on a regular basis to create habitats to benefit wildlife.�

BNE is hoping to build a wind turbine first on the same ridgeline, on adjoining Lone Oak Campsites property. A zoning application was recently denied because North Canaan does not have regulations governing turbines. The Planning and Zoning Commission has since begun working on those regulations.