Farmers market feud goes before zoning officials

November 08, 2009 11:00 pm • Last Updated: November 09, 2009 3:43 pm

By By JENNA CHO Day Staff Writer

Lyme - Children and parents can often be spotted sitting on the stone wall at Ashlawn Farm on Bill Hill Road, enjoying fresh blueberries and raspberries just purchased at the Lyme Farmers Market.The market that Glenn "Chip" and Carol Dahlke run on their property during the summer and fall offers everything from fresh produce, cuts of pasture-raised beef and handmade crafts to fresh flowers shoppers can cut themselves. Visitors to the seasonal market have over the years cited the market's bucolic atmosphere and old-country feel as its main appeal.

The market that Glenn "Chip" and Carol Dahlke run on their property during the summer and fall offers everything from fresh produce, cuts of pasture-raised beef and handmade crafts to fresh flowers shoppers can cut themselves. Visitors to the seasonal market have over the years cited the market's bucolic atmosphere and old-country feel as its main appeal.Meanwhile, the Dahlkes' organic and locally roasted coffee, Ashlawn Farm Coffee, has become a household name in the region, available everywhere from specialty markets to the Illiano's pizzeria in Old Lyme.

Meanwhile, the Dahlkes' organic and locally roasted coffee, Ashlawn Farm Coffee, has become a household name in the region, available everywhere from specialty markets to the Illiano's pizzeria in Old Lyme.But it is precisely the immense popularity of the farmers market and Ashlawn Farm Coffee that has prompted neighboring property owners Matthew and Barbara Abrams to allege the Dahlkes are running both operations without proper permits. The Abrams' complaint last month triggered a hefty defense campaign for the market that is expected to culminate today with dozens of supporters showing up to a Planning and Zoning Commission public hearing on the matter.

But it is precisely the immense popularity of the farmers market and Ashlawn Farm Coffee that has prompted neighboring property owners Matthew and Barbara Abrams to allege the Dahlkes are running both operations without proper permits. The Abrams' complaint last month triggered a hefty defense campaign for the market that is expected to culminate today with dozens of supporters showing up to a Planning and Zoning Commission public hearing on the matter.The hearing, scheduled because of substantial public interest in the matter and as part of a review of the market's special permit, is at 7:30 p.m. at Lyme Consolidated School.

The hearing, scheduled because of substantial public interest in the matter and as part of a review of the market's special permit, is at 7:30 p.m. at Lyme Consolidated School.In an Oct. 6 letter from the Abramses' attorney, John S. Bennet, the couple alleges the Dahlkes lack proper permits for not only the market but also the coffee shop, coffee-roasting business and an outdoor wood furnace they use to heat their home.

In an Oct. 6 letter from the Abramses' attorney, John S. Bennet, the couple alleges the Dahlkes lack proper permits for not only the market but also the coffee shop, coffee-roasting business and an outdoor wood furnace they use to heat their home.The Abramses are seeking a cease-and-desist order on all three operations.

The Abramses are seeking a cease-and-desist order on all three operations.Matthew Abrams said his intent is not to shut the farmers market down, but rather to ensure the Dahlkes are "abiding by the rules, like everyone else."

Matthew Abrams said his intent is not to shut the farmers market down, but rather to ensure the Dahlkes are "abiding by the rules, like everyone else."The cease-and-desist request "was really to get the (Planning and Zoning Commission's) attention," Abrams said. "If I wanted to shut them down, I would have done it before the market shut down for the winter."

The cease-and-desist request "was really to get the (Planning and Zoning Commission's) attention," Abrams said. "If I wanted to shut them down, I would have done it before the market shut down for the winter."The state Department of Environmental Protection is reviewing the furnace matter, which Abrams said was his primary concern. The town will not be taking up that issue because of its pending status with the DEP, First Selectman Ralph Eno said.

The state Department of Environmental Protection is reviewing the furnace matter, which Abrams said was his primary concern. The town will not be taking up that issue because of its pending status with the DEP, First Selectman Ralph Eno said.In a half-page ad Abrams took out in The Day last month in response to a flurry of comments farmers market supporters posted to a news story on theday.com about the issue, Abrams called the furnace a "highly toxic outdoor wood-burning furnace that directly affects our health and well-being."

In a half-page ad Abrams took out in The Day last month in response to a flurry of comments farmers market supporters posted to a news story on theday.com about the issue, Abrams called the furnace a "highly toxic outdoor wood-burning furnace that directly affects our health and well-being."The Abramses have lived in Old Lyme in recent years but still own 86 Bill Hill Road, the yellow house next door to the Dahlkes. That house, known as the Oldfields, became the center of its own controversy last year when the Abramses pulled a demolition permit for the historic house and neighbors petitioned to stop the house from being torn down.

The Abramses have lived in Old Lyme in recent years but still own 86 Bill Hill Road, the yellow house next door to the Dahlkes. That house, known as the Oldfields, became the center of its own controversy last year when the Abramses pulled a demolition permit for the historic house and neighbors petitioned to stop the house from being torn down.Glenn Dahlke said he followed proper protocol when he installed the furnace earlier this year, ensuring the furnace was both 200 feet from the nearest residence and the smokestack taller than the roof peaks of houses within 500 feet.

Glenn Dahlke said he followed proper protocol when he installed the furnace earlier this year, ensuring the furnace was both 200 feet from the nearest residence and the smokestack taller than the roof peaks of houses within 500 feet."I am within regulations," Dahlke said. "I am in compliance with the state, and I am in compliance with the town."

"I am within regulations," Dahlke said. "I am in compliance with the state, and I am in compliance with the town."Robert W. Girard, assistant director of the DEP's Air Engineering and Enforcement Division, said the DEP's legal counsel is reviewing the Abramses' complaint of the furnace due to its unique circumstances.

Robert W. Girard, assistant director of the DEP's Air Engineering and Enforcement Division, said the DEP's legal counsel is reviewing the Abramses' complaint of the furnace due to its unique circumstances.The furnace is in compliance with the state's emissions and odor standards, Girard said. But because the main residence at the Abrams' property has been prepared for demolition and is uninhabitable, the question before the DEP is whether the furnace's stack height must be taller than the empty house or the one-story residence next to it that the property caretaker lives in, Girard said.

The furnace is in compliance with the state's emissions and odor standards, Girard said. But because the main residence at the Abrams' property has been prepared for demolition and is uninhabitable, the question before the DEP is whether the furnace's stack height must be taller than the empty house or the one-story residence next to it that the property caretaker lives in, Girard said.Dahlke said he feels Abrams is using the furnace as a "red herring" when his main issue continues to be the farmers market.

Dahlke said he feels Abrams is using the furnace as a "red herring" when his main issue continues to be the farmers market.The Abramses began complaining about market-related traffic and noise in 2007 and have repeatedly said the farmers market has "degenerated into a flea market." They are the only residents to have ever complained about the market, Zoning Enforcement Officer Bernard Gigliotti said.

The Abramses began complaining about market-related traffic and noise in 2007 and have repeatedly said the farmers market has "degenerated into a flea market." They are the only residents to have ever complained about the market, Zoning Enforcement Officer Bernard Gigliotti said.But Dahlke said if the market weren't in compliance with town permits, it would have become apparent a long time ago.

But Dahlke said if the market weren't in compliance with town permits, it would have become apparent a long time ago."Farmers markets happen in the light of day here. There's not a lot of hidden things going on here," he said.

"Farmers markets happen in the light of day here. There's not a lot of hidden things going on here," he said.