A tentative resolution has been reached in the Town of Westport’s complaint against Daybreak Nurseries for using a residential area for business operations.
Town Attorney Ira Bloom said today the agreement was reached Wednesday in the second day of a hearing in Superior Court in Stamford.
The town had asked the court to issue an injunction against Daybreak.
He said Daybreak has agreed to submit an application to the Zoning Board of Appeals (ZBA) which will address complaints by the town and neighbors.
Daybreak’s application will include establishing buffer areas along the perimeter of the property, limiting hours of operation, including Sunday limits, and limits on height of stockpiling, Bloom said.
In view of the tentative resolution, Judge William Lewis continued the case pending the outcome of the ZBA application and decision, he said.
If the ZBA approves, the case will be concluded. If the ZBA disapproves, the temporary injunction hearing will proceed, according to Bloom.
Mark J. Kovack, Bloom’s associate who actually handled the case on behalf of the town, said he did not anticipate renewed complaints about Daybreak before the ZBA hearing.
Although Daybreak did not expressly agree to adhere to the new limits to be proposed by it to the ZBA, “it is certainly reasonable to expect that Daybreak will voluntarily adhere to limits, both as a gesture of good faith and as a basis to support its own application.” he said.
He added that Daybreak “does recognize the fact that the neighbors can pursue a nuisance claim against it independent of any action taken by the town, including the pending claim for an injunction.”
According to Kovack, Daybreak’s application must be filed on or before Feb. 6. A public hearing of that application will take place on March 23.
Wait a minute – Daybreak Nurseries has been in a residential area over 40 years. Why is the Town of Westport suddenly unhappy with that?
Daybreak has recently begun new operations including soil cleaning and log splitting that are on residential-zoned property. These new operations are what is causing the disturbance (noise and dirt) to neighbors, not the “traditional” nursery business.
Please remember that Evan Harding and Richard (Dick) Harding no longer own Daybreak. The owner now is someone who will not follow guidelines, and whose actions are disrespectful to the real Harding family!! His actions have caused members of the Harding family to have crank phone calls and other disruptive actions in their lives.
As someone that is now older, and grew up around the nursery, I know what it was like then and what it is like now. Obviously the person who owns it right now, doesn’t even care about what happens, he even took apart the conservatory, that I used to play in, and has not put it back together. It has been down for over 3 years, and there is not a single thought to it. I understand that there is more noise and maybe dirt. But look at the family history to it. Also realize that the person that owns it was at one point part of my family. Because of all the things he took away from the nursery, I no longer consider him as part of my family.