BIG MOOSE TOWNSHIP, Maine — Three state agencies will convene on Thursday to determine if the owner of Big Squaw Mountain Ski Resort violated restrictions on his land by harvesting timber on a particular parcel.
The Department of Conservation’s Bureau of Parks and Lands, the Land Use Regulation Commission and the attorney general’s office will meet to reach a decision.
James Confalone bought about 7,000 acres in 1994 from the Bureau of Parks and Lands, according to a letter Confalone sent to the bureau in November. About 1,200 acres have timber harvesting restrictions set by the Bureau of Parks and Lands.
LURC sent Confalone a notice of violation on Aug. 31, 2011, for harvesting timber on the restricted parcel of land. Rod Falla, LURC’s Greenville regional supervisor, said he wasn’t sure how many acres were harvested but the letter sent by Confalone to the Bureau of Parks and Lands in November said 40 to 50 acres were harvested without a permit. In his letter, Confalone said the harvesting of timber was halted after he was alerted to the restrictions.
Only three exceptions are allowed in the land deed for Confalone to harvest timber in the restricted parcel. Harvesting is allowed for trails, lifts, snowmaking facilities, construction of transient accommodations and vacation homes for lease or sale, and all related improvements, including roadways, serving the same and the ski area resort; for firewood or lumber for the resort and improvements; and for harvesting dead or dying timber and blowdowns.
The timber that was harvested was allowed to be sold instead of left to rot, said Falla, and the number of logs was tallied. Falla said the wood taken doesn’t meet the definition of dying timber and blowdowns.
“This has been a complicated case,” said Falla. He added that both LURC and the Bureau of Parks and Lands sent Confalone notices of violation, but Confalone responded only to the Bureau of Parks and Lands letter.
“What we need to do from the LURC standpoint is sit down with Parks and Lands and figure out if the timber harvesting is consistent with these deed restrictions,” said Falla.
In Confalone’s letter to the Bureau of Parks and Lands, he contends that the harvested wood “was within the guidelines of the deed, and … it was to be bartered for the repairing of the newly expanded ski trails on the ski resort.”
Rodney Folsom, agent for Mountain Inc., which is owned by Confalone, said the timber was harvested to extend ski trails.
The ski resort did not operate this past winter and was in limited use in the previous winter, according to Folsom.
The wording of the deed also has complicated matters, said David Rodrigues of the Bureau of Parks and Lands.
“The deed doesn’t specifically say he actually has to operate the ski resort,” said Rodrigues. “We can’t force someone to run a business.”
LURC can issue an after-the-fact permit if it’s found that Confalone did not violate the deed.
“It’s not clear as to when he can cut trails,” said Rodrigues. “The argument can be made that he’s planning on opening in the next couple of years and needs to cut the trails.”
Falla said if Confalone is found to be in violation, the case will move to the attorney general’s office.
Open in the next few years? What is he going to open? Everything is in such disrepair I doubt the mountain will ever see another skier. Confalone certainly doesn’t have the resources or ability to get the resources to open it or even think about expanding the trails.
that would be to just cover his buttocks….(trying to say it nicely
I thought you couldn’t use the “S” word in Maine anymore?
public places only,private business can call their business whatever they desire,the American way…
Imagine, freedom in a country that fought in wars for freedoms. Isn’t it ironic, don’t ya think?
Wish Mr. Confalone would just sell the Mountain to someone who cares about running it instead of just destroying it.
Didn’t he offer it to the town for $1 a year?
Confalone is full of it. The resort hasn’t operated in years. And, for all his talk, he never does open it for business. He is not to be trusted.
Big Sq*aw???? I thought that the State threw anyone in prison who uttered such hate speech…
Big Moose,Big Moose, rinse, repeat. Remember Big Brother is watching 2+2=5
I was afraid of going to prison just for reading this article out loud!
The mountain name was changed but the “ski resort” was not required to change its name.
It is privaate ownership,
God forbid if someone says the “S” word…LOL…..
He did cut wood to create trails….skid trails.
S mtn. has great trails, I wish someone with some bucks would buy it . It is not too big like Sunday River. When Female Native American Mtn. was operating, it must have employed 50 to 75 people, more than 30 wind sprawl projects. If Jimbo was naughty, fine the heck out of him.
No surprise here…The guy is so desperate for money. Heard a rumor in Greenville he sold the mountain to a firm from Argentina.
Confalone is an outright creep who once gated off the access road to Mountainview Pond. With the help of the IF&W Commissioner, Lee Perry, I was able to get his gate removed and also able to get a new publis access facility with the help of the Greenville biologist. I repeat. Confalone is an outright creep.
He gated his own land? Land that you were using? How dare he do such a thing. I have an idea for you. Buy 500 acres of land with roads traveling through it. Then you can spend your weekend picking up beer cans, couches, and gun shells. Then in the spring, you can repair the ruts in the road, grade it, and spend thousands in gravel. THEN, go pay your taxes on it. Gates will suddenly be more important than you think.
I agree with your arguement… Peoples frustration to this owner of the particular property percolates through any avenue possible… The true shame is that an individual is allowed to take a economic nessicity to a region and kill it… Many jobs were lost to an inability to plan and execute a comprehensive business agenda… My 14 year old asked “why would he remodle accomadations and neglect the terrain…. if people cant ski the mountain nobody will go there!!!”
You are right the person who owns land has less rights than someone who doesnt own they can do just about aything if it is open to the public and not gated or posted .. But you let the land owner do something to improve or harvest wood to make money and look out ! The owner soon finds out their just paying taxes to have their name on a deed!
Time you learned the law, my friend. Mr. Confalone was ignorant about Maine law and thought he had plenary powers simply because he paid for a wilderness property. The road he gated off was a legal right-away that had been used for more than 20 years. He also thought he could prevent trespass by foot and tried to make Mountaiview Pond his private pond. Thank goodness we have the Great Ponds Act that I helped pass in 1975 that allows for trespass by foot over unimproved property for the purposes of accessing or egressing a “great pond” defined a natural body of water 10 acres or more. When I threatened to take Mr. Confalone to Court for violating the law, he removed his gate. If we did not have the laws I refer to, rich and arrogant people like Mr. Confalone would in reality own all of the waters in Northern Maine as their private ponds. I also had to educate another rich nonresident landowner, John Malone who thought he could make Spencer Lake into his private pond. And finally, please understand that in reality “No Trespassing or No Hunting” signs on “unimproved property” have no legal significance in Maine. Try imprinting on your brain what I just wrote and it may save you and other arrogant landowners from a visit to the Courthouse.
Perhaps you could pat yourself on your back one more time. Further more, I am not your friend, I don’t like people like you. If you can read through my publication, I expressed myself without sounding like a 3 year old. It’s too bad that you have to take such an insult to differing opinions.
Sweet! I think I will bring my four wheeler over to your house and have a picnic on your lawn.
Just when the conservatives were really convincing me that the big corporations were to be trusted and that deregulation was good we get this.
I know right! Imagine somebody cutting down trees to try and make a buck. The horror! Remember, cutting trees=bad, hugging trees=good.
Cutting trees you are not allowed to cut by deed restriction = Bad
Cutting trees you are allowed to cut = Legal
Complicated, huh?
Confalone is about as much a big corporation as you are. He’s a creapy crook, period. Trying to tie this into your political agenda really waters down the credibility of your comment. Just call a spade a spade.
Both conservatives and liberals can come together on this issue.
Why call it a ski resort if it isn’t? The other issue is whether or not the language of restrictions is somewhat overzealous. Why sell him the land then expect he or any business owner follow so many rules? What makes this woodland so special that trees cannot be harvested? Seems like the bureau didn’t want the land for whatever reason but saddled someone else with just holding onto it? One problem is that when forest is never cut and/or cleaned up, the growth becomes a huge tinder box in times of drought. Several fires have already taken much forest land in several states. Sometimes removing trees is better for the land than never touching it.
” I thought you said, don’t cut the trees.” “You did not mention the timber.”
The Squaw mountain deed also requires public access to the ski trails and lift lines at all times regardless if the resort the is opened or not. These restrictions are in the deed and the owners knew it she they closed the deal and promised people in the area that the resort would be run properly.
If he bought it from the state….than is it no private land? Goodness I hate over regulation. RonPaul2012….
Want a be Slick Willie gets caught again :-/
I thought we were forbidden from using the word Squaw anymore. Guess BDN can.
Believe me all involved knew what they were doing or should not be doing……nothing honest or moral about the man…..
Are you still allowed to tar and feather people?
It’s too bad that such a nice, reasonably priced mountain is going through such tough financial times. I always enjoyed going to Squaw as a teen and young adult, but since they closed the lift line that takes you all the way to the top there it’s not more than a hill, not a mountain. Hopefully it can all be figured out in the next few years so I don’t have to mortgage my house to take my kids to Sugarloaf.