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.

Latest News

Robert J. Pallone

NORFOLK — Robert J. Pallone, 69, of Perkins St. passed away April 12, 2024, at St. Vincent Medical Center. He was a loving, eccentric CPA. He was kind and compassionate. If you ever needed anything, Bob would be right there. He touched many lives and even saved one.

Bob was born Feb. 5, 1955 in Torrington, the son of the late Joesph and Elizabeth Pallone.

Keep ReadingShow less
The artistic life of Joelle Sander

"Flowers" by the late artist and writer Joelle Sander.

Cornwall Library

The Cornwall Library unveiled its latest art exhibition, “Live It Up!,” showcasing the work of the late West Cornwall resident Joelle Sander on Saturday, April 13. The twenty works on canvas on display were curated in partnership with the library with the help of her son, Jason Sander, from the collection of paintings she left behind to him. Clearly enamored with nature in all its seasons, Sander, who split time between her home in New York City and her country house in Litchfield County, took inspiration from the distinctive white bark trunks of the area’s many birch trees, the swirling snow of Connecticut’s wintery woods, and even the scenic view of the Audubon in Sharon. The sole painting to depict fauna is a melancholy near-abstract outline of a cow, rootless in a miasma haze of plum and Persian blue paint. Her most prominently displayed painting, “Flowers,” effectively builds up layers of paint so that her flurry of petals takes on a three-dimensional texture in their rough application, reminiscent of another Cornwall artist, Don Bracken.

Keep ReadingShow less
A Seder to savor in Sheffield

Rabbi Zach Fredman

Zivar Amrami

On April 23, Race Brook Lodge in Sheffield will host “Feast of Mystics,” a Passover Seder that promises to provide ecstasy for the senses.

“’The Feast of Mystics’ was a title we used for events back when I was running The New Shul,” said Rabbi Zach Fredman of his time at the independent creative community in the West Village in New York City.

Keep ReadingShow less