Editor’s note: This op-ed is by Andrea Macura, the owner of Macura Historic Services in Granville, N.Y. who researches and documents the history and events of Slate Valley’s past, present and future for publication and preservation. A longer version of this piece was first published in The Granville (N.Y.) Sentinel on Sept. 6.
The mountains in Vermont are majestic and magical. The age-old geology that formed this region blessed the earth with beauty and charm. Northeast Mountain in Wells holds a special place in the hearts of Felix Kniazev and Olga Julinska. They are creative artists who have been eager to turn their mountaintop home into an inspiring backdrop for artists of many venues. While restoring their home purchased five years ago, their dream to create a haven for creativity and peace was recently halted by the indignant and forceful means of private industry.
Having moved to the United States from Russia, they held the American Dream in their hearts as so many people have done from many countries around the world. Our forefathers, our founders of not only Wells, but of surrounding communities toiled and labored to bring forth new lives. Felix and Olga wanted to not only live the American Dream, but to raise their family, and to enjoy the idyllic landscape and vistas that their new home and grounds could provide.
Felix and Olga reside in Boston, but they looked for three years around the United States for land and a home where they could create an art center and an art school which would draw people. They wanted to find a unique place and said that they have always loved Vermont because it resembles Russia. Olga commented that it reminded her so much of their homeland with the dense forests. With a smile, she added, “And, also the harsh winters.”
The fact that there is no zoning in Wells was a huge factor in their decision to purchase in Wells, along with the mountaintop location being a perfect setting for inspiration and creativity. Olga said, “It is so intriguing, iconic in a way that one can see 80 miles or more in any direction. It is also romantic.”
This dream was shattered when the Vermont energy company,VELCO, won the legal right to instill easements in order to erect towers for telecommunications means. Olga said, “They did this behind our backs.” Felix and Olga then filed a lawsuit that VELCO did not have the rights to do so.
Ten months into the lawsuit to condemn the rights to this project, VELCO filed eminent domain. The couple had to hire a lawyer and each of them was “interrogated” for nine hours. There were also hearings. The couple said they went into this process “in good faith,” but the Vermont Public Service Board (PSB) ruled against Felix and Olga and “gave VELCO everything they wanted,” plus denied everything that the landowners wanted.
Fighting VELCO in court, the end result was that VELCO was granted the right to erect any number of towers at any height and to have 24-hour, seven-day-a-week access to the property with no restrictions. This amounts to about 30,000 square feet of land that VELCO can use, but is “off limits” to the couple and their children as well as to guests and clients. Olga said, “I don’t know when they are going to start, but at any minute trucks could be driving up the road and begin building their towers.”
According to VELCO, Olga said, “The first new tower will be 17 times larger than the current tower that is on the property as there are no limitations on height according to the easement.” Olga continued that VELCO also claims that the “view will not be obstructed and that the land they are using is worth $4,500.” She says that decreases the value of the land by $21,000.
VELCO currently plans to add seven antennas and later will be adding cell service. “Nothing can be built in the path, so we cannot have a pool or plant a garden or cut any trees,” said Olga.
Meanwhile, Felix and Olga feel their only hope at this point is a jury trial and they are ready to fight for compensation for their entire property. They want to be able to live in their home, but they have to continue to pay a mortgage and high legal fees while all of this is in dispute. Olga said, “I feel like I am being tried as a criminal.”
The family is losing most of the flat land and will eventually be exposed to radiation from microwave transmission, but not from the initial antennas themselves. “They are driving us out as we cannot expose our children to radiation. VELCO said we can stay or leave the house,” said Olga.
VELCO has not offered to buy the house. When Felix and Olga sued and VELCO claimed eminent domain, they were paid $25,575 in compensation, yet VELCO paid $75,000 to real estate agents for appraisals. The real estate agents said they looked at comparable properties, but Olga commented that none of them were comparable due to the location and the view from the mountaintop.
Felix and Olga have filed an appeal with Rutland Superior Court. Olga said they will have to sue the State of Vermont in Supreme Court which could take as long as 10 years. Meanwhile, they feel they are out of options, yet have a mortgage on the property that will take decades to pay. They do not feel that the property is saleable due to the broad easement and they are being “dried out financially and emotionally.”
Olga said, “We are not like laboratory rats and we cannot take the risk.”
Olga stated that their situation shows what happens when trying to fight a corporation. She added that VELCO could safely erect towers if they placed them lower on the mountain, but that then it would cost them more money as the current road is in place and the land is cleared. VELCO apparently did not look at other sites and according to Felix and Olga, they “do not care that a family lives here.” In addition, they said, “They don’t care that a family will be at risk with radiation.”
A VELCO representative apparently said to Felix and Olga, “If the landowners are absent, it is by their choice.” VELCO does not make upfront offers, Olga said. “The just come around and tell the owners what they want to do and then they move ahead.” She added that the Wells selectmen “just showed up at a town meeting and signed off.”
Meanwhile, Felix and Olga feel their only hope at this point is a jury trial and they are ready to fight for compensation for their entire property. They want to be able to live in their home, but they have to continue to pay a mortgage and high legal fees while all of this is in dispute. Olga said, “I feel like I am being tried as a criminal.”
A rally was held on Aug. 25 to represent to others who have had similar experiences and also to inform the public that private corporations can take over private land. The event resulted in establishing a list for changes which will be sent to governors and state legislatures.
Felix summed the rally as “The gathering is to hope for change.” When Olga spoke publicly to the gathering, she said “A lot of us are disgusted with corporations taking away our rights. We are saying goodbye to this place. Thank you for coming to help us say goodbye. This is a very magical place. We wanted to turn it into an art center for all to enjoy and be inspired.”
Felix and Olga have support not only from the local folks who gathered, but also from government officials in New England. For example, Sen. Robert Howard noted that large towers are not always needed as small antennas can be placed on power poles. Rep. Andrea Boland from Maine spoke about smart meters and the current investigations on health and safety. Ed Freedman, also from Maine, said that he has no cell phone, no microwave oven, and uses only a corded phone. Sen. Randy Brock is concerned with industrial wind and the movements toward becoming economic concerns as the taxpayers now are being the endangered species. And Wendy Rayward from Manchester noted that many people are unaware of having a smart meter installed on their home without permission.
While the focus of the rally was to demonstrate how large corporations with their influence and finances can overpower the private landowner, the speakers informed the attendees that the energy movement is much more global with many citizens being unaware of the dangers.
Updated news as of Sept. 12 verifies that VELCO has begun work this week; therefore, Felix and Olga have the fight of their life at hand. In all humanity and with all human rights that this country stands for, let it be the people in a jury who stand up for Felix and Olga and not let corporations begin to embody the private system as if they are a new branch of legislation.
