nothin New Haven Independent | SCA & Legacy Theatre Seek To Resolve Issues

SCA & Legacy Theatre Seek To Resolve Issues

With Permission

In the ongoing drama between the Legacy Theatre and the village of Stony Creek, both sides seem optimistic there might be an amicable resolution to their differences.

The Legacy Theatre group has been working diligently to create an upscale repertory theatre at the former Puppet House at 128 Thimble Islands Road. 

And the Stony Creek Association (SCA) has been equally diligent in its efforts to ensure that neighbors won’t be adversely impacted by the theatre’s traffic, parking or hours of operation.

Just when it seemed matters might face a long legal battle, there is talk of a willingness to seek a resolution. 

The SCA lost its first appeal last month when Branford’s Zoning Board of Appeals (ZBA) ruled in favor of the town’s zoning enforcement officer who issued a Tenant Fit-up permit (renovation permit) to the Legacy Theatre. Click here to read about that. 

The SCA’s executive board then voted unanimously on Nov. 24 to appeal the ZBA’s decision, and to seek a clarification of that decision. The new appeal could take months or years to work through the New Haven Superior Court system. But it appears that the appeal has sparked interest in talking about the issues in order to resolve them.

The parties or their attorneys, including three abutting property owners, are due in New Haven Superior Court on Jan 13, unless they manage to resolve their differences before that date.

Dan Bullard, who chairs the SCA executive board, said the attorneys were involved in a process behind the scenes that may give us most of what we want,” according to the minutes of the Nov. 24 meeting.

SCA board member Josh Brooks said he was in favor of negotiating if the appeal were filed. According to the minutes, Brooks stated there would be no incentive to negotiate without an appeal in process.”

The Eagle asked Bullard yesterday if he is he was optimistic that an amicable resolution could be reached.

Absolutely,” Bullard said, adding that the lawyers have been talking. I’m very optimistic,” he said. He also said that a clarification of the ZBA decision could be very beneficial.

Reached for comment, Legacy’s founder, Keely Baisden Knudsen was also optimistic.“The Board of the Legacy Theatre is committed to working with our neighbors and the town to create and implement solutions that work for everyone,” she said in an e‑mail.

The Attorneys Respond


Attorneys for both sides echoed Bullard’s thoughts.

Timothy J. Lee, a partner in the law firm of Fasano, Ippolito & Lee, who represents the SCA and some of the theatre’s s neighbors, told the Eagle yesterday that people on both sides are now talking.

The issues have been crystallized by the appeal, people are talking and there may be a path toward resolution,” Lee said.

James R. Strub, who represents the Legacy Theatre, voiced similar optimism. Strub, an attorney with Secor, Cassidy & McPartland in Waterbury, said yesterday he was amenable” to discussions. Asked if an appeal might be the catalyst to resolve the issues, he said, Sometimes an appeal will do that. There’s no doubt about that,” Strub told the Eagle. I think there has been more conversation than there was before the ZBA decision,” he added. 

Legal Action

Lee, the SCA attorney, filed a complaint with the town clerk giving notice of the SCA appeal of the ZBA decision in order to preserve the Association’s right to appeal. All parties were also served. The town clerk sent notice of the ZBA appeal to its insurance agent. 

He did so by December 10, the date by which the SCA was required to file its appeal. But by that date the parties has already begun to discuss the findings in the ZBA’s decision.

Lee outlined a series of legal arguments in his 4‑page complaint, including his belief that the activities proposed by the Legacy Theatre are an illegal expansion of any prior use of the property, in violation” of a section of the town’s zoning regulations. A number of residents are concerned about expanding the theatre’s use to include other functions, including renting the place out and holding parties.

Lee then asked the court to reverse the ZBA decision, citing a variety of reasons. 

A Little History

Sam Stricker Photo

The Legacy Theatre group, with artistic director Keely Baisden Knudsen at the helm, purchased the Puppet House property in March 2013 with the intent of opening a repertory theatre.  Click here to read a previous article. 

The Legacy Theatre group was granted a Tenant Fit-Up Permit by Branford’s zoning enforcement officer in July. The permit would allow renovations to the interior of the former Puppet House.

The SCA and neighbors filed an appeal, claiming the permit was issued in error and that the proposed use far exceeded the previous use of the building. They claimed the owners should be required to apply to the Planning and Zoning Commission (P&Z) for a special exception which would require a public hearing to address the use of the building, hours and days of operation, and parking.

The ZBA held lengthy public hearings on the issues. Click here to read about the hearing. During the hearings, Jennifer Acquino, Branford’s zoning enforcement officer, said the Legacy’s owners did not have to apply for a special exception because the theatre is a continued use that was permitted before zoning regulations changed in 1973 when theatres were allowed as a matter of right.  She also said the town’s zoning regulations do not have standards for theatres that address the number of performances, type of performances, or hours of operation.

The night before the ZBA was slated to vote, the SCA turned down a last-minute attempt by town attorney Bill Aniskovich to encourage negotiations with the theatre group.

On Nov. 18, the ZBA voted 5-0 in support of the permit that was issued by the zoning enforcement officer. The SCA had until Dec. 10 to appeal the ZBA decision, and that’s what they unanimously agreed to do.

At the SCA’s December 2 meeting, the executive board agreed to use private donations for attorney fees for the new appeal process, according to the minutes of the meeting. The board also agreed to use association funds and taxpayer money to pay the $4,905 in legal fees already incurred.

A Storied Past

The former Puppet House venue has a storied theatrical past. The property was originally built in the early 1900’s as the Lyric Theatre, a venue for silent movies. It underwent several transformations, serving as a community theatre for the Parish Players, and later as the Stony Creek Theatre, a professional summer theatre featuring names such as Orson Wells and Sinclair Lewis. In the 1950s, the building became a girdle factory.

The property was purchased in 1961 by Grace Weil, and served as both a puppet museum and a stage for Sicilian puppet performances by her son, the late Jim Weil, and his partner, the late Sal Macri. The building was shuttered by town officials in 2008 for safety violations and fell into disrepair.

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