SEYMOUR – A farmer’s court appeal of a cease and desist order from the town is still pending, even though the town and a judge say the order is no longer relevant.
Kim Dulka Warner, owner of Red Clover Farms on South Benham Road, is appealing an August decision of the Seymour Zoning Board of Appeals, whose members upheld a cease and desist issued last April by Seymour’s zoning enforcement officer.
The cease and desist said Red Clover Farms was carrying out non-farm commercial activities not allowed on the farm, such as live music performances.
The farm is in a residential zone. Dulka Warner appealed the ZBA decision to Superior Court in Derby.
Meanwhile, the town changed the land use rules by adding “agritourism” to the books, a move that benefited Dulka Warner and other farm owners.
The new rules went into effect Oct. 1.
However, Dulka Warner said she is still waiting for the town to process her permit, so she is keeping her appeal in court alive until she receives the permit.
The permit, once received, is good for two years and covers all the things permitted under the new agritourism zone, including live music, food trucks, farmers markets, educational workshops, craft fairs and more. Dulka Warner only needs to apply for one permit to encompass the various events she wants to hold at the farm.
The Town of Seymour has asked the court to dismiss her case, arguing the case is moot since the town changed the rules. The next court date is scheduled for Nov. 2.
Neighbors Al and Kristen Bruno complained to the town about activities happening at Red Clover, which were confirmed by the zoning enforcement officer. 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.
“The motion to dismiss will be granted, but we are hoping that Kim withdraws the appeal,” John Marini, the lawyer representing Seymour, said Monday (Oct. 19) during a brief court appearance.
The new rules adopted by Seymour allow Red Clover Farms to do some of the activities the town previously said violated local land use regulations, provided Dulka Warner files the necessary paperwork required for a permit.
Dulka Warner asked the court if her appeal of the cease and desist could remain pending until she gets her permit.
Marini said Seymour will not enforce the cease and desist.
“The town is very willing to work with (Kim) and we’re not going to enforce a cease and desist order that is not in effect,” Marini said.
Judge Thomas Welch said the cease and desist order no longer exists, but stopped short of dismissing the case.
“It is agreed upon by the town that the cease and desist order is void and has no effect based on the change in zoning regulations,” Welch said.
Marini said the town engineer is reviewing Dulka Warner’s permit application. The town’s ZEO said he does not know when the review will be completed.
Meanwhile, a complaint against Al Bruno by Dulka Warner is pending in front of the Seymour Board of Ethics, whose members have been meeting in executive session, a type of meeting closed to the public.
To learn the background on the issue, please click the following links:
No Decision From Seymour ZBA Regarding Red Clover Farms
Red Clover Farms Up For Discussion
Seymour PZC Will Revise Zoning Regulations
No Decision Yet On Cease And Desist Order
Public Weighs In On Proposed Agritourism Zone
What Is Red Clover Farm Property Zoned As
PZC Could Decide On New Agritourism Zone By Fall
Farm Owner Asks Judge To Intervene
Ethics Board Meets Again Over Complaint
Selectmen Discuss ‘Right To Farm’ Ordinance
PZC Approves New Agritourism Zone