Stony Creek residents spoke passionately about why they oppose a renovation permit that was issued to the owners of the Legacy Theatre, but Branford’s Planning and Zoning Department says the permit is valid.
Diana Stricker Photo
About 125 people crowded into the community room of the Fire Headquarters in Branford for a public hearing Tuesday night. After almost three hours, the members of the Zoning Board of Appeals (ZBA) voted to continue the hearing at the request of the Legacy’s attorney, who said he just became aware of new evidence.
Peter Berdon, an attorney and a member of the ZBA, said it would be a good idea to extend the hearing so that all the evidence can be presented. He said it would not be possible for the ZBA to vote Tuesday night anyway, since some issues that were raised need legal clarification.
At issue is a Tenant Fit-Up Permit that Branford’s zoning enforcement officer approved in July. The permit allows the Legacy’s owners to renovate the interior of the former Puppet House building at 128 Thimble Islands Road.
The Stony Creek Association (SCA) and its attorney claim the permit was issued in error and that the proposed use far exceeds the previous use of the building. They claim 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 that could address issues such as parking and hours of operation.
Jennifer Acquino, Branford’s zoning enforcement officer, said the Legacy’s owners do not have to apply for a special exception because the theatre is a continued use that was permitted before zoning regulations changed in 1973. “The right to use (as a theatre) is allowed by the zoning regulations,” Acquino said.
In addition, Acquino said the town’s zoning laws do not regulate specific aspects of theatre operation.
“The zoning regulations don’t have specific standards that regulate the hours of operation of the theatre, types of performances, number of performances per year, that I can hold them to,” Acquino said. “They didn’t at the time in 1973 when the regulations changed, and they still don’t. While I understand the concerns of the neighborhood, and I don’t disagree that those are concerns, I have to stick within the requirements of the regulations.”
Timothy J. Lee, an attorney with of Fasano, Ippolito and Lee, who represents the SCA, said the question hinges on what the use of the Puppet House was in 1973 when zoning laws changed. “It had re-established itself to some extent as a theatre use,” he said. “I don’t think the use that was established in 1973 is anything similar to what they’re proposing to do in 2014.”
From Silent Movies to Puppets
The history of the former Puppet House plays an integral role in the drama that is unfolding in Stony Creek.
The structure 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. It was reportedly used as a parachute factory during World War II, and later became a girdle factory in the 1950s.
The property was purchased in 1961 by Grace Weil. Her son, the late Jim Weil, staged productions of the famed Sicilian puppets at the renamed “Puppet House” for many years.
The building was shuttered by town officials in 2008 for safety violations and fell into disrepair.
The Legacy Theatre group, with artistic director Keely Baisden Knudsen at the helm, purchased the Puppet House property in March 2013. Her husband, Brian Knudsen, is president of the board of directors of the Legacy Theatre. The group has been working to renovate the building in hopes of establishing a repertory theatre. Click here to read a previous article.
“The Crux of the Argument”
At the outset of the hearing, Attorney Lee (pictured),said he assumed the decision to issue a permit was based on the building being considered a theatre because of a pre-existing non-conforming use. Lee said when zoning was enacted in 1956, the property was a garment factory, and that the building was not used again for performing arts until the mid-1960s. He entered a history of the building and a timeline into evidence.
“In our review of the zoning file, we did not find any zoning sign-off or zoning applications for this particular use,” Lee said. He said that if there is such a use, “that use has been abandoned. The property has laid vacant for the last five years or so.”
Lee said because the theatrical use of the property had been abandoned in recent years, “It’s our position that the applicant, the Legacy Theatre, should be required to submit a special permit application to the Planning and Zoning Commission.”
Acquino distributed copies of the Planning and Zoning Department’s staff report which supports her decision to issue the permit.
“This is not a pre-existing non-conforming use. It is a pre-existing conforming use,” Acquino said as she summarized the staff report.
Acquino said when zoning was enacted in 1956, the area in question was a “Local Shopping” zone which means theatres “were allowed as a matter of right, meaning they didn’t have to come for any permit whether it be before the commission or an administrative permit.” She said the area became a Business Restricted zone when Branford’s regulations changed in 1973. After that time, a new theatre would have to apply for a special exception application.
“The crux of the argument is — what was the use at the time that the zoning regulations changed, and if the use was the same as the proposed use, which is a theatre,” Acquino said.
“Part of the basis for my decision on that, was information that was submitted by Mr. Lee,” regarding the history and timeline of the building, Acquino said.
“So at the time the zoning regulations were changed in 1973, it appears it was a theatre use,” Acquino said. In addition she said the theatrical use continued over the years and was not abandoned.
The staff report states, “It is a well-established principle of zoning law that the mere passage of time during which is a building is in disuse does not constitute a legal intent to abandon the use.”
Acquino said the Legacy’s proposal is a “continuation of a previous use.”
The Legacy’s attorney James R. Strub, (pictured), of the Waterbury firm of Secor, Cassidy and McPartland, said the 1973 date was critical.
“Our intended use of the property is a theatre,” he said as he discussed the proposal. “We believe this is a vested property rights issue. We do not believe this is an expansion or an intensification,” Strub said.
“What we believe is our right at this time is to operate a theatre on this property,” he said. “The manner in which we do it, as long as it has a theatre use, it’s our assertion that this is allowable under the regulations.”
Strub said there is no need to apply for a special exception. “It is an asset that is known in the community as a theatre.”
Creekers Have Their Say
Several Stony Creek residents spoke against the permit, and offered opinions about what was transpiring at the venue in 1973.
“I can’t out-lawyer the lawyers,” said Dan Bullard, who chairs the SCA. “But in my opinion it was a puppet house with occasional shows in 1973, and that’s all it was.”
Bullard said his family spent summers in Stony Creek since 1917 and that he moved there full-time in 1973. He said there were a few puppet performances over the years. “I had my own birthday party there so I can’t deny it was a party space,” he said, but added that there were very few such events.
On the Legacy’s permit application, the proposed use includes theatre, party space, and concert hall.
“Most of the people in Stony Creek are in favor of a nice theatre, nice productions,” Bullard said. He also said that the new owners are “nice people” and he has contributed to their fundraising. “I personally am not opposed to a theatre…I personally do not want party space and a concert hall. That scares the hell out of us. That happened when it was owned by the previous owner.” He listed problems that occurred when teenagers held parties and concerts there that resulted in drug use and disorderly conduct.
“We strongly oppose, strongly oppose the idea that we could have events, that we’re going to have a concert hall, that we’re going to expand the use of the theatre,” Bullard said.
SCA member Linda Reed, who has lived in Stony Creek 30 years, said that the Puppet House was a puppet museum with occasional puppet shows. She said the proposed use is more intense and will have a greater impact on the neighborhood.
“There was a museum with some theatre going on, and nobody got any approvals after that,” Reed said. “What’s being proposed now is going to be so different than that.”
SCA member Greg Ames read a letter from Betsy Wieland, an SCA member who could not attend the meeting. Wieland wrote that the “multitude of uses” listed on the building permit would have a negative impact on the neighborhood and Stony Creek.
Wieland and other residents said they were concerned about parking, traffic, noise and the devaluation of property values.
“The use proposed by the theatre group is radically different from what my family and neighbors experienced there,” said James Fiora of 11 Ridge Road, a neighbor of the Puppet House site.
Phil Brencher, who lives at 124 Thimble Islands Road, said one of the bedrooms in his home is 6 feet from the former Puppet House, and he was well-aware of what went on there. “Puppet performances were so rare, “he said, adding that the new proposal “is far in excess of anything that existed there.”
Eleanor Stach, whose home at 140 Thimble Islands Road is across the street from the Puppet House, talked about noise issues and other concerns. “There has to be some kind of control,” she said. “I want to live my life in peace and quiet.”
James Sette, who chaired the hearing, said residents should avoid talking about parking and other issues because the ZBA has no jurisdiction over those matters.
Attorney Lee asked those in attendance to raise their hands if they support the SCA’s position, and most of those in attendance raised their hands. See top photo.
Rebuttal
Branford’s Town Planner Jose Giner spoke in support of the Legacy’s permit.
“I can clearly hear all the passion,” he told the residents. “But our job is to look at it dispassionately and apply the zoning regulations and the laws”
Giner said when he went to see the building in March, it was obvious it had been built as a theatre. “Basically the inside, even though it’s pretty dilapidated, is a theatre. There’s a stage and there’s catwalk in the back.” Photos from the visit were included in the staff report.
“It certainly was designed, intended and historically used as a theatre,” Giner said as he discussed the use of the building.
Greg Nobile, who serves as managing director of the Legacy Theatre, talked about events in 2010 when he negotiated a lease with Jim Weil to rent the Puppet House and operate a theatre there. He said the deal fell through when Weil refused to consider selling the property.
The property was sold to the Legacy Theatre group after Weil’s death. Nobile said one of the reasons the probate judge approved the sale of the Puppet House was because it would remain a theatre.
“We are going to have a resource in our community that is unparalleled to anything else around,” Nobile said of the proposed Legacy Theatre.
It was at that point that Attorney Strub asked for a continuance so he can present additional evidence that just came to light. He said he was contacted by the wife of Weil’s former partner, Salvatore Macri, who died in 2012. Macri was a third generation puppeteer who taught Weil the art of Sicilian puppetry and performed with Weil.
Strub said Macri’s wife said she has boxes that belonged to Weil and Macri that contain information about their partnership. Strub said he has not seen the material, but it could be relevant to establishing what was happening at the Puppet House at the time in question.
The motion to continue the hearing passed by a unanimous vote. The next meeting of the ZBA is Oct. 21, at which time the hearing could be continued or it may be scheduled for another date.
The legal issues regarding the permit have stalled work at the site. Since the Legacy board purchased the Puppet House, they have been planning renovations, applying for grants and holding fund-raising events to raise the estimated $1.4 million in renovation costs. Click here to read a recent story.
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