Restriction enforced on Cream Hill Lake

CORNWALL — An arrest report for two men caught trespassing at Cream Hill Lake has been released to The Lakeville Journal, following a Freedom of Information Act request last week.

John Nastasia, 71, of Shelton and Frank Chimlelewski, 67, of Monroe were arrested at about 9 a.m. on Aug. 10. Nastasia was charged with criminal trespass, criminal mischief and violation of boating regulations. Chimlelewski was charged with simple trespass, and levied a $92 fine. Nastasia appeared in Bantam Superior Court Aug. 24. He is due back Sept. 15 to enter a plea.

While the charges are not serious, the implications for Cornwall residents were key in the case.

The two men used Rocky Hill Lane to get to the lake, which is not open to the general public. For at least two months now, the two men have been driving Nastasia’s green 1997 Mercury Sable station wagon to the lakefront on property owned by Bill Hurlburt.

Hurlburt said many people in his extended family use the access road and cabin. Since he began seeing the two strangers there, the family stayed away, fearing for their safety and especially for the safety of their children.

Hurlburt told The Journal he thought about confronting the men himself. But when he discovered they had replaced his padlock with one of their own to allow them to proceed past a chain across the driveway, he decided it was time to call the police.

State Environmental Conservation Officer Tate Begley was the investigating officer on the case.

Begley fielded complaints from Hurlburt and from other lakefront residents.

He said the men were not completely cooperative when he summoned them and spoke to them after observing their activities, which included using a trolling motor on their 10-foot aluminum boat.

Begley then called in the state police to assist in the arrests.

“They were very confrontational,†Begley said. “I have no doubt that if [Hurlburt] had gone down there, it would not have ended well. He did the right thing.â€

The men admitted they had been fishing there for awhile. They said they knew about the lake from the days when the Scoville family rented out fishing boats.

Begley said the fishermen claimed they had no idea they were on private property and needed permission to use the lake.

“They drove past several ‘no trespassing’ signs and cut off a padlock. How could they not know they didn’t belong there?†he said. “They just kept coming up with excuses.â€

Cream Hill Lake may be very secluded and private, but information on it is readily available on the Internet. The website, fishingworks.com, for instance, suggests checking locally before heading there to fish.

The Connecticut Boater’s Guide lists it, but notes motors are prohibited. The restriction, Begley said, likely came about in the same way regulations are normally applied to bodies of waters throughout the state: In response to a request from constituents, a legislator will propose regulations specific to that body of water.

The Department of Environmental Protection (DEP) Commissioner makes the final determination as to whether or not it becomes part of the DEP regulations that Environmental Conservation officers enforce.

In the case of Cream Hill Lake, the motor restriction was likely proposed to protect what is a pristine lake. Many  lakes in the Northwest Corner have been infected by aggressive weeds that are carried from lake to lake on the bottom of boats.

Many of the trespassing issues Begley deals with on area watercourses can be attributed to absentee landowners, he said.

“When it’s obvious no one is around, people take advantage. Everyone needs to keep an eye out and report anything suspicious.â€