Diana Stricker Photo
It appears the curtain won’t be closing anytime soon on the saga involving the Stony Creek Association (SCA) and the Legacy Theatre board, which is trying to renovate the former Puppet House and open a repertoire theater.
Some SCA board members and residents have expressed concerns about parking, programming, and the number of hours and days the building will be used. They are also concerned that the venue may be rented out for parties or other functions.
Attorney Timothy J. Lee (pictured above) gave an update of the legal issues last week at the monthly meeting of the SCA executive board. The board previously hired the New Haven legal firm of Fasano, Ippolito & Lee to file an appeal of a permit that was issued to the Legacy Theatre by Branford’s Zoning Enforcement Officer. Click here to read that story.
Lee told the SCA and the crowd of about 40 people, that if the appeal succeeds, then the Legacy board may have to apply to the Planning and Zoning (P&Z) Commission for a special exception. He said that would require a public hearing and the P&Z could address issues that are important to the SCA, such as parking, and hours and days of operation.
Lee said the basis of the appeal is the allegation that a repertoire theater would not be a legal pre-existing conforming use under Branford’s zoning regulations; and that the proposed activities would exceed the usage in the past one or two decades.
The appeal was filed on behalf of the SCA and James and Eleanor Stach of 140 Thimble Islands Road; and James Fiora and Laura Barr of 11 Ridge Road. Lee said two additional neighbors of the Puppet House property were added to the appeal.
Lee met with Legacy attorney Marjorie Shansky to discuss issues last month; he said there was no resolution.
Lee encouraged people to attend the Zoning Board of Appeals meeting Sept. 16, when a public hearing will be held on the SCA’s appeal. “Everybody would have an opportunity to speak and say their piece,” he said.
The “Tenant Fit-Up” permit for the Legacy Theatre was issued by Branford’s Zoning Enforcement Officer in early July, and allows the owners to renovate the interior of the building.
(media_2}Dan Bullard (pictured), president of the SCA executive board, read a letter he just received from Brian Knudsen, president of the Legacy’s board of directors.
Knudsen’s letter listed several concerns regarding the appeal and asked that it be withdrawn. He alleged that the SCA has no legal standing to file an appeal since the executive board is not an aggrieved neighbor of the property at 128 Thimble Islands Road. He also questioned whether it is permissible for the SCA board to use association funds to hire an attorney and file an appeal on behalf of neighbors.
Knudsen’s letter also questioned whether the SCA board had permission to post flyers on utility poles and trees to announce the Aug. 5 SCA meeting regarding the Legacy Theatre.
Knudsen suggested that people refer to the Legacy’s web site for information under the Frequently Asked Questions section.
Several residents asked questions and made comments about the Legacy’s proposal, but no one representing the theatre spoke at the meeting. One resident asked if the goal of the SCA is to block the Legacy board from opening a theatre.
Bullard said members of the executive board have different opinions regarding the proposed theatre. “It is my opinion they should have to go through the P&Z process,” Bullard said, meaning the Legacy board would need to apply for a special exception designation rather than a permit.
Petitions were circulated for residents to sign stating they support the SCA appeal.
The Legacy Theatre group, with artistic director Keely Baisden Knudsen, purchased the former Puppet House property in March 2013. Click here to read about that. The Legacy board has been holding fund-raisers, applying for grants and making plans to renovate the historic property.
Brian Knudsen previously told the Eagle that the Legacy’s board “has and will continue to abide by all of the rules, regulations and necessary permits required by the Town of Branford.”
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