SEYMOUR – A court hearing scheduled for Monday (Nov. 2) has been pushed to a date to be determined so a local farmer can review her permit paperwork.
Kim Dulka Warner, owner of Red Clover Farms on South Benham Road, is in court to appeal an Aug. 6 decision of the Seymour Zoning Board of Appeals.
That decision upheld a cease and desist issued against the farm last April by Seymour’s zoning enforcement officer.
The cease and desist said Dulka Warner was conducting non-farming commercial activities at her farm. Red Clover Farms is in a residential zone.
While the town’s ZBA determined the cease and desist was lawful, the town has also been re-writing the rules to make economic life easier for farms.
The town’s planning and zoning commission approved a new agritourism zone on Sept. 10. It gives farms in Seymour the option to try different things to bring in new revenue, such as entertainment, craft fairs, farmers markets, farm tasting events and educational classes.
The farms have to apply for a permit to hold the events. The new local rule became official Oct. 1.
John Marini is a lawyer from Ansonia who has been representing Seymour in court. He said the new rules render Dulka Warner’s lawsuit unnecessary, and, in September, asked the lawsuit be dismissed.
Dulka Warner said her permit arrived Friday (Oct. 30) and that she needed more time to review it. Her initial review raised some questions she needs to clarify, she told The Valley Indy.
Marini said he filed paperwork with the court asking for more time before another court hearing is held so that Dulka Warner can review her permit. He said a meeting between Dulka Warner and town staff will be scheduled at a date to be determined to answer her questions.
Dulka Warner said she’s grateful to the town for adopting the new agritourism rules, and for issuing her a permit. She said she wants to work with town officials to ensure everyone is on the same page.
“We’re very happy the town adopted agritourism and right now with the permit, we’re trying to work through the process to finalize all the documentation that needs to be included,” Dulka Warner said.
The town’s zoning enforcement officer issued the cease and desist after confirming land use complaints filed by Al and Kristen Bruno, neighbors to the farm who also serve as elected volunteers to the Board of Selectpersons and the Board of Education.
Dulka Warner has an ethics complaint pending in front of the Seymour Board of Ethics. The board was scheduled to meet Nov. 2. The meetings thus far have been held in executive session, a type of meeting closed to the public. A Valley Indy reporter was scheduled to cover the latest meeting and a story will be published later.