The Legacy of the ​‘House of the Rising Sun’

Stony Creek residents fear a new theatre at the site of the former Puppet House could turn into the raucous teen-age hangout it became in later years. The owners of the proposed Legacy Theatre say they will produce high caliber theatre and hold occasional fund-raisers and educational programs.

Passionate speakers for both sides of the issue aired their views for two hours at a public hearing of the Zoning Board of Appeals (ZBA) Tuesday that attracted about 150 people. The initial hearing in September lasted about three hours. Click here to read about that.

Anthony “Unk” DaRos, (top photo), a lifelong Stony Creek resident and Branford’s former first selectman, told the group: “Unfortunately most of the people sitting here tonight remember that theatre not for plays, and not for the museum,” DaRos said. “What they remember is the raising hell all night that was going on in that theatre.” 

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 neighbors filed an appeal, claiming 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 to address the use of the building, hours and days of operation, and parking.

Jennifer Acquino (pictured), Branford’s zoning enforcement officer, stated at the first public hearing that 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 when theatres were allowed as a matter of right. 

Acquino addressed those same issues Tuesday.

“I want to clarify the position of the town that this is a pre-existing conforming use that has not been intentionally abandoned,” Acquino told the ZBA. “The use was allowed and continues to be allowed.” 

She also spoke about the limited scope of zoning regulations in regard to theaters. 

“The (zoning) regulations don’t have standards that dictate the number of performances, type of performances, or hours of operation,” Acquino said. “Our regulations don’t allow us to do that. I can’t put those standards on this application.”

Town attorney Bill Aniskovich attended the meeting, but did not did not speak during the hearing.

The ZBA expects to make a decision at next month’s meeting.

Stony Creek’s “House of the Rising Sun”

Much of the testimony Tuesday involved the use of the building prior to 1973 when zoning regulations changed, and also the use in subsequent years.

The property has a storied history. It was built in the early 1900s as a venue for silent movies, later became a famous summer theatre, and then served a girdle factory in the 1950s. 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. Prior to that time, residents recalled how the building was used as a teen-age hangout.

DaRos told the ZBA he is very familiar with the Puppet House.

“That building was full of thousands of puppets,” DaRos said. He recalled how the Puppet House was used for puppet demonstrations and other productions. “It had a spurt, then it also had a fizzle.” He said during the 70s, the times were slow but there was somewhat of a revival in the 80s.

“I don’t know of anybody here that’s opposed to it being a theatre,” DaRos said. “It was a theatre historically.” DaRos said residents want the issue to go to the P&Z Commission for a” full-blown hearing” regarding the proposal. 

DaRos said the teen-age parties and rock concerts that occurred before the building was shut down were a major problem, and police were often there.

“I don’t know of any complaint that came out of the theatre or Puppet House when it was acting as a puppet house and they were demonstrating and putting on puppet shows. I don’t recall any bad times then,” DaRos said. “But I do recall what happened when all these … extra-curricular things went on. That house down there in Stony Creek probably ruined more kids than any other building in the town of Branford.”

Pete DaRos agreed with his brother about the troubled times. “That’s our “House of the Rising Sun,” he said. He was referring to the Animals hit song from the 60s about a house in New Orleans that was “the ruin of many a poor boy.”

Pete DaRos said residents don’t want to see that ever happen again in Stony Creek.

John Opie, a former first selectman and lifelong resident of Stony Creek, also recalled the history of the building in the 70s. “It was more of a museum that came to life once in awhile,” he said, but there were very few productions.

Opie said he’s not necessarily opposed to the Legacy Theatre but he wants the matter sent to the P&Z Commission. He said the proposed uses of the building “represent a substantial increase in activity level.”

A series of residents spoke about the rowdiness, drinking and drug problems that occurred there in later years. They also spoke against increased usage of the building.

Gordon Brainerd said there should only be two or three shows a week to alleviate parking problems.

Jake Greenvall said the 1970s were a quiet time with little going on at the Puppet House. “That was a period when Stony Creek wasn’t the ‘in’ location it is now…the village was pretty dead.”

Richard Howd said there were three puppet shows a year in the 70s. He said he doesn’t want weddings, stag parties or loud music at the Legacy Theatre.

3 Shows or 365 Shows a Year?

Timothy J. Lee, an attorney with the law firm of Fasano, Ippolito and Lee, who represents the SCA, said there is no evidence that the building was used as party space or a concert hall before 1973 when zoning changed.

“I do think what’s being proposed now is a marked extension of what was going on in the mid-60s and early 70s, not only in terms of frequency of use …but also the nature,” Lee said. He said the proposals calls for “a theatre plus everything else under the sun” including parties and a rental facility.

“You’re not signing the death warrant for the Legacy Theatre,” if the permit is denied, Lee said. “All you’re saying to them is apply to Planning and Zoning for a special permit so Planning and Zoning can consider the very same issues.”

Legacy’s attorney, James R.  Strub, of the Waterbury firm of Secor, Cassidy and McPartland, disagreed with Lee. Strub said the uses listed on the permit application are theatre, function/party space, and concert hall.

Strub presented a series of newspaper articles and other documents from the 1970s timeframe. He said the articles show the building was used as a puppet theatre, and also by other performing groups. “It has been continuous use since at least 1963 ... and has not been abandoned,” he said.

Strub said there is no record of any action claiming that the Puppet House was not zoned properly over the years. “It was accepted in the community as a theatre,” he said.

Peter Berdon, an attorney and a member of the ZBA, posed a hypothetical question about whether going from two or three performances a year to 365 performances a year would be an intensification or expansion of use. Berdon (seated) is pictured here with Strub.

Strub said his clients are not proposing 365 shows a year, and that any prior limited usage is not a factor. ​“Theatre is not defined in the (zoning) regulations,” Strub said. ​“Even if there’s limited performance, I think that’s a theatre.”

“A Wonderful Vision”

Linda Coleman (pictured), wife of the late Salvatore Macri, supplied some history of the Puppet House. Coleman told the ZBA that the venue was used both for performances of the Sicilian puppets, and for productions by the Nutmeg Players and the Quarry Players.

Coleman, who worked with her husband on productions, said she supports the Legacy Theatre’s quest. ​“I feel there’s finally a real possibility of the theatre coming to life again. They have a wonderful vision,” she said. 

Stephanie Stiefel Williams, who co-founded the Legacy Theatre with Keely Baisden Knudsen, said she has fond memories of the Puppet House.

“Even as a young girl growing up in West Haven, I was keenly aware of the Puppet House,” Williams said, adding that she went there to audition for plays. ​“It was a place where all my actor friends wanted to work and where they always enjoyed working.”

Click here to read about how Knudsen and Williams purchased the Puppet House.

Branford resident Denise Smoker, who is not affiliated with the Legacy Theatre, said she supports their efforts. ​“They want to revitalize the theatre that for years and years and years was an important part of our community, and only really fell into disrepair because of personal circumstances and situations.” 

Smoker recalled performing at the Puppet House in the 1990s. ​“I was lucky enough to finally perform there in a production of Nunsense that ran for three weeks. We were sold out every single night of that performance.” She said there were no problems with noise, parking or vagrancy, and added that the theatre only seated about 130 people.

Kathleen Murphy, a member of the Legacy Theatre’s board of directors, said she has attended all of the theatre’s fund-raising events and concerts that were held at other locations. She said they were ​“elegant, lovely evenings.”

Murphy said residents should not be fearful. ​“They are some of the most professional people I’ve ever worked with and no one has any intention of making anyone in the community uncomfortable.”

Lucy Sargeant (pictured) said she lived near the Puppet House during its demise when there were problems with teenagers and loud music. ​“I don’t see that happening with the Legacy Theatre,” she said.

Taking Time to Make a Decision

Attorney Berdon urged his fellow members of the ZBA to take time to make a decision, rather than voting Tuesday night.

“I think there’s a lot we need to consider,” Berdon said. I’m still wrestling with this in my own mind.”

Berdon said it will take time to read all the materials presented Tuesday night and to look at the legal issues. ​“As a lawyer, I’m not ready to vote yet,” he said.

“I’m not a lawyer therefore I’m prepared to vote,” said ZBA member Frank Kinney.

Others on the board said they were not ready to vote.

“I want to be careful with my decision,” said David Laska, who has been on the ZBA for 10 years. He said the issues are very complex.

“I’ve gone both ways on this,” Laska said.

“Me too,” said James Sette, who chairs the ZBA.

The motion to continue the discussion at the next meeting was approved by a 5 – 1 vote with Kinney casting the negative vote.

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