#MIDDLEBURY
By TERRENCE S. MCAULIFFE
The Middlebury Conservation Commission (CC) at its Feb. 28 meeting voted to get a legal opinion on the standing of the Middlebury Land Trust (MLT) as it relates to plans for a vineyard and orchard on two farm lots on the former Whittemore estate on Lake Quassapaug.
Attorney Edward S. Hill of Cappalli and Hill LLC in Cheshire told commissioners Dr. Dean Yimoyines had committed to the Whittemore family that he would restore the property to its former farming use. “We wish to undertake the activity as a matter of right,” Hill said.
When Hill presented the initial plans Nov. 29, he told Chairman Mary Barton that Yimoyines planned to farm the land and therefore did not need a permit. He said he knew the MLT held conservation easements on both lots, but said, “Our view is if we don’t need a permit, then we don’t need to have the land trust involved.”
The proposal, which includes a winery, follows the Oct. 4 acquisition of two properties on Tranquility Road by Dr. Dean Yimoyines and his son Alexander from the estate of industrialist John Howard Whittemore and his granddaughter, Thyrza. The property, in the family since 1895, was known as Tranquility Farm, a gentleman’s working farm, and was designed by the prominent American architectural firm, McKim, Mead and White. Set on a crest and overlooking gently rolling meadows leading down to Lake Quassapaug, it was the site of a summer house for John Howard Whittemore, a successful industrialist and philanthropist.
Tuesday night’s standing-room-only meeting was attended by about 50 people who quietly listened to the description of the proposal but were not permitted to comment. Professional wetland scientist George Logan, owner of REMA Ecological Services in Manchester, used multimedia illustrations to describe the wetlands, including wet meadows and farm ponds to provide irrigation.
Consulting ecologist Sigrun Gadwa described plantings of wine grapes, dwarf apple and pear trees, and hazelnuts, as well as colorful perennial native wildflowers to enhance the aesthetics. She told Commissioner Terence Manning slow-release fertilizers in the grassy rows of the vineyard would drain into the ground, avoiding runoff into the lake. In the hallway outside the meeting, however, area residents who declined to identify themselves said they were very concerned about potential runoff.
Hill pointed on the screen to a Nov. 24, 2015, report commissioned by the MLT and said, “This is farm lot 2 and that is farm lot 3. The green is areas of prime farmland. That’s almost all of his property.” He said the report was consistent with Yimoyines’ plan to use it as farmland. “Any activities that are undertaken are not regulated, and that’s why we are here,” he said.
Attorney James R. Strub of Secor, Cassidy and McPartland P.C. of Waterbury rose when Barton asked commissioners if they had further questions and said he represented the MLT. Barton asked him, “Why are you presenting? This is not a public hearing. Are they an abutter? Do they have easements? Do they have anything?”
Strub said, “We don’t have a seat at this table, and I object to this presentation.” Hill objected to Strub’s request, and Barton said, “I need to speak with the town attorney to see if (Strub’s comments) are appropriate, and my feeling is that they’re not appropriate right now.”
Hill said to Barton, “The regulations call for a decision at your next meeting.” Barton told commissioners she would work with the Board of Selectmen to get a legal opinion as soon as possible.
The next regular CC meeting will be Tuesday, March 28, at 7:30 p.m. in Room 26 at Shepardson Community Center.
