SEYMOUR –The members of the Seymour Zoning Board of Appeals on Thursday unanimously upheld a cease and desist order against Red Clover Farms that prohibits the farm from doing non-farming activities.

However, there’s a 90-day stay on enforcement.

During that 90-day time period, the town’s planning and zoning commission could finalize new rules for “agritourism” in Seymour which would give Red Clover and all farms in Seymour more leeway in what activities they can do.

Quick Background

Red Clover Farms ran into trouble with the town for holding commercial events such as open mic nights, live music, and food trucks. The property has been a farm for more than 100 years, but the land is zoned residential.

Neighbor Al Bruno, an elected member of the Board of Selectpersons, complained about the activities at the farm, saying the land was being used commercially, but not for agriculture.

Seymour Zoning Enforcement Officer Mike Marganski’s cease and desist said Red Clover was conducting activities not permitted in the residential zone, and had advertised itself as a “multi-use commercial venue.”

Owner Kim Dulka Warner argued modern farms must be allowed to do more than sell crops to stay afloat. 

Click here, here, here and here for previous Valley Indy stories.

The 90-Day Stay

During the 90-day stay, the ZBA said Dulka Warner can still hold open mic nights, yoga workshops, painting classes and craft shows –  but she must clear the events with the town government, whether it’s police, fire, or the building department.

Reaction

Dulka Warner said she was disappointed by the ruling.

“I was disappointed with the outcome because farms really need to diversify to keep afloat,” Dulka Warner said after the meeting. “I’m not on a busy road. We’ve been operating for years with zoning approval. Everything I have done has been very transparent. It was very shocking when we got the cease and desist order for the things we’ve been doing for the last six years and town was very aware about them.”

ZBA Part Is Over, But PZC Work Continues

Over the long term, there’s a chance that Red Clover Farms will be brought into compliance when and if the town’s planning and zoning commissions adds “agritourism” to the town’s land use regulations. 

The commission is currently working on those rules. Its members are scheduled to meet again to discuss the issue at 6 p.m. Aug. 13. Click here to learn more.

Town Officials React

John Marini, the town’s land-use attorney, said the ZBA ruling Aug. 6 is not intended to ruin Dulka Warner’s livelihood.   

“The ruling is not anything onerous,” said Marini. “If she (Dulka Warner) puts in an application for an open mic night, for example, the town will take a look at it and make sure it is a safe activity and then she can get a permit (to host that activity.)”

ZBA Chairman Phil Wilhelmy said the ruling was a fair compromise.

“If she wants to host some of those activities (that are not strictly farm-related) she has to get permission from the town,” Wilhelmy said. “It’s the closest thing I can come up with to come to a good ending with knowledge that the planning and zoning commission is working on a text amendment.”

The ZBA’s vote came during a meeting at the Seymour Community Center, which drew about 75 people. The crowd was packed with farm supporters who have regularly come out to support Dulka Warner since the cease and desist was issued in April.

Red Clover Farms is at 174 South Benham Road.