SEYMOUR – A farm’s appeal of a decision from the town’s ZBA has been pushed to a court date in October.

Kim Dulka Warner, owner of Red Clover Farms at South Benham Road, is appealing a decision of the Seymour Zoning Board of Appeals, whose members upheld a cease and desist issued last spring by the Seymour Zoning Enforcement Officer.

The cease and desist said Red Clover Farms was carrying out activities not allowed on the farm, such as live music. 

The farm is in a residential zone. Neighbors Al and Kristen Bruno complained to the town about activities happening at Red Clover. The Brunos are elected officials. Al Bruno is a member of the Seymour Board of Selectpersons while Kristen Bruno is on the Seymour Board of Education.

In Connecticut, ZBA appeals go to Superior Court.

A brief court hearing was held in court Monday (Sept. 21). 

The Town of Seymour, represented by lawyer John Marini, filed documents asking that Red Clover’s appeal be dismissed. 

Judge Thomas Welch opted to continue the case to 11 a.m. Oct. 19 at Superior Court in Derby.

Marini said that Dulka Warner’s appeal is “legally moot” because the Seymour Planning and Zoning Commission on Sept. 10 approved new regulations that added “agritourism” to its books.

The new rules allow Red Clover Farms to do some of the activities the town previously said violated local land use regulations, provided the farm files the necessary paperwork.

Click here for a previous Valley Indy story about Red Clover Farms’ appeal.

“The town has adopted this new regulation and the regulation will prevail, allowing her (Dulka Warner) to do the activities that were previously prohibited and that will resolve the situation for her,” Marini said outside court.

However, those new rules aren’t official until Oct. 1.

Dulka Warner appealed the ZBA decision to court just prior to the official adoption of “agritourism” in Seymour and needed to protect her property rights.

“We’re just hoping everything goes smoothly with the town adopting agritourism, officially. I look forward to coming back (to court) in October and hopefully have everything resolved so that we can move forward and other farms in Seymour can move forward and we can just get back to what we do best and that’s farming.”