The Middletown Press (Middletown, CT)
Bill to sell Berlin state parkland opposed by residents, DEEP
Sale would reward encroachment by developer, DEEP commissioner says
BERLIN — Town residents, state conservationists and the Department of Energy and Environmental Protection oppose a state bill that would allow Salvatore Carabetta to purchase state park land to extend the family’s homestead.
Doing business as Meriden Homestead LLC, Carabetta proposes buying 2.7 acres with access to the Berlin Turnpike to define property lines at 2209 N. Broad St.
DEEP claims Carabetta is encroaching on the state land and the sale would set a precedent allowing property owners who build on state land the opportunity to buy their way out of the consequences.
“My family homestead is located at 2209 North Broad Street (Berlin Turnpike) on the Meriden Berlin Town line,” Carabetta stated during an April 9 public hearing before the Government Administration and Elections Committee. “This property has been in my family for several decades. The property adjoins a second parcel in Meriden that was added to the Homestead and is connected to my original property.”
Carabetta told lawmakers the property abuts state land on the Berlin side of the town line, and the Carabettas have the benefit of a 90-foot wide easement that crosses the southwest corner of the state land and provides access from the Berlin Turnpike to their property in Meriden, according to a hearing transcript.
“If passed, this bill will resolve issues with the Homestead property line and any possible encroachments from the Homestead onto the state land,” Carabetta said. “Through the years of owning this property we have invested in maintaining and improving the road over the easement on the state land; however, we have also experienced issues with people dumping trash on both the state land and our Homestead.
“While I have been dealing with this issue for many years, we are seeking a more permanent solution to this environmental issue, as well as the property line uses, which this conveyance would address,” he said.
The deal if approved would convey the property to Carabetta at fair market value.
But DEEP Commissioner Katie S. Dykes testified at the same hearing against the proposal.
“This bill reflects a proposal by a private property owner seeking to resolve a longstanding and extensive encroachment on Lamentation Mountain State Park in Berlin,” according to submitted testimony.
Dykes told lawmakers that in December 2022, a member of the public brought to DEEP’s attention the possibil
ity of a large encroachment on the state park. DEEP investigated and hired a survey company to mark the boundaries of state land and identify possible encroachments.
“This survey map, which was used by the landowner in the application materials, identifies numerous encroachments on state property including four buildings, an extensive bituminous driveway, a basketball court, dumping, drainage improvements, lights and an extensive lawn area,” Dykes stated. “Conveying this land to the encroaching party would set a concerning precedent, which could incentivize abutting property owners to misuse state land and then seek relief though the conveyance process.”
Dykes cited a state law prohibiting any person from encroaching on open space without the permission of the land owner.
“Additionally, this section states that a court shall order any person who violates the above provision to restore the land to its pre-violation condition or to award the landowner the costs of such restoration,” she said.
“The court can also award reasonable attorney’s fees and costs and appropriate injunctive or equitable relief and damages up to five times the cost of restoration. Conveying this land at fair market value without any additional fines would vastly underestimate the monetary repercussions of this landowner’s actions.”
State Rep. Donna Veach, R-Berlin, spoke on behalf of Berlin leaders against the land sale.
“None of the town of Berlin’s municipal leaders were informed about this proposal seeking to convey a parcel of land to a private entity within the town of Berlin’s borders,” Veach told lawmakers. “My understanding is that in doing this, there is a ‘right of way’ that may be blocked from public access to approximately 50 acres of state-owned land with trails that is frequently used by the public for outdoor recreation.
“We value our open space and the accessibility of areas with trails that the public can use and work hard to make them accessible to all of
our residents.”
Veach also challenged a proposed price tag of $35,000 for the 2.7 acres, located just off the Berlin Turnpike, land which typically sells for closer to $400,000 to $500,000.
“Conveying this property to a private entity leaves us with some questions and concerns and the town would like the opportunity to review the ramifications before moving forward with this land conveyance,” Veach stated.
Other conservation groups spoke out against the conveyance based on the precedent that if you help yourself to state land, the “state will cave in and hand it over to you,” stated Kathy Czepiel, land protection manager of Save the Sound.
Despite the opposition, an April 10 committee vote resulted in 12 lawmakers in support and 7 opposed.
“This has cleared out of GAE committee 12-7…but nothing about moving forward,” Veach stated in an email. “As I’m sure you are aware there has been major opposition and I am hopeful that it never gets to the floor.”
State Rep. Jack Fazzino D-Berlin, whose name appeared on the application for the original conveyance, as did other Meriden area lawmakers, has since spoken in opposition to the sale after receiving more information.
“None of the town of Berlin’s municipal leaders were informed about this proposal seeking to convey a parcel of land to a private entity within the town of Berlin’s borders.” State Rep. Donna Veach, R-Berlin