SEYMOUR – The owner of Red Clover Farms on South Benham Road is asking a court to throw out a decision from the town’s zoning board of appeals that upheld a cease and desist order issued against the farm.

Fourth generation farm owner Kim Dulka Warner filed the appeal in Superior Court in Milford Aug. 17. 

A court hearing has been scheduled for 11 a.m. Sept. 21. Track the case on the state’s judicial website by entering 5028461 into the ‘search by docket number’ box.

Background

Red Clover Farms received a cease and desist order from the Seymour Zoning Enforcement Officer April 13 alleging the farm was holding commercial non-farming activities that are not allowed in a residential zone. Click here for a previous story.

The activities included vendor markets, weddings, open mics, and food truck events that are not allowed in the residential zone, the ZEO said.

The cease and desist was issued four days after Red Clover Farms neighbors Al and Kristen Bruno filed a complaint about activities happening at the farm allegedly in violation of the town’s land use regulations.

Al Bruno is an elected member of the Seymour Board of Selectpersons, the town’s legislative body. Kristen Bruno is an elected member of the Seymour Board of Education.

Dulka Warner appealed the cease and desist order to the Seymour Zoning Board of Appeals, where a series of public hearings were held. The meetings were well attended and the majority of speakers supported Red Clover Farms.

Click here to watch Al Bruno address the ZBA in May. Click here to watch Dulka Warner address the ZBA in May.

On Aug. 6, the members of the Seymour ZBA voted to uphold the cease and desist with respect to the “non-agricultural commercial” uses but said enforcement action would be withheld for 90 days. 

The ZBA’s decision made it a point to say lawful farming uses were still allowed. Click here to watch a video of the ZBA members announcing their decision. 

As Dulka Warner’s appeal went through the ZBA process, Seymour First Selectwoman Annmarie Drugonis asked the Seymour Planning and Zoning Commission to consider adding “agritourism” to the town’s zoning language.

Drugonis does not comment on pending litigation involving the town.

The agritourism regulations are still being created. The goal is to update the rules to potentially give farms more leeway regarding what type of activities can happen at farms. The work could wrap up in the fall.

The Appeal

In legal filings appealing the Seymour ZBA’s decision, Dulka Warner lists nine reasons why the ZBA’s action was unlawful and should be tossed. 

This article does not list every reason but you can  click here to read the full appeal.

Dulka Warner has previously said barring the activities will cost her money and put the farm out of business.

She points out the activities allegedly illegal have been happening for six years, and that town officials, such as the fire marshal, have been on site to inspect her barn.

She points out the barn on the land is zoned commercial, and that workshops and programs in the barn were allowed by the town.

She also argues that the activities to which the town objects are legal, accessory farm uses.

“The activities upheld for prohibition – characterized by the Board as ‘vendor markets, weddings, entertainment-based venues such as open mic performances, food truck events and similar activities’ – are, as actually conducted on this farm, accessory agricultural and farm-based community uses.”

Her appeal also states the ZBA’s ruling drawing distinctions between allowed “agricultural education” and prohibited “programming directly tied to farm production” don’t exist in the town’s zoning regulations, and that the board can’t make up new rules.

“The decision is unconstitutionally vague and internally inconsistent,” Dulka Warner’s court filing states.

The legal action also asks the court to issue a restraining order against Seymour government that would allow the farm to continue its programming as-is until the court action is resolved.

The video below is from June, and it contains statements made at public meetings by Dulka Warner and the town’s zoning enforcement officer, who talks about why a cease and desist was issued.