Town Attorney Strikes Out With SCA

UPDATE NOV. 18 — The Zoning Board of Appeals (ZBA) voted 5 – 0 Tuesday night in support of the permit that was issued by Branford’s Zoning Enforcement Officer to the Legacy Theatre. This means the Legacy may go forward with its plans to renovate the former Puppet House.

It also means the appeal by the Stony Creek Association (SCA) was denied. ​“I’m not surprised, but I am disappointed,” SCA chair Dan Bullard told the Eagle following the meeting.

The Tenant Fit-Up permit allows the Legacy group to proceed with interior renovations to the former Puppet House. There is a possibility that the SCA could file an appeal of the ZBA decision.

When asked by the Eagle what happens next, Bullard said ​“We’ll have a meeting to discuss it.”

Keely Baisden Knudsen, co-founder and artistic director of the Legacy Theatre, said she was pleased with the vote, but she feels empathy for the Stony Creek residents. ​“I want them to be happy with us,” she told the Eagle. ​“Theatre is supposed to bring people together.” 

Stephanie Williams, who founded the Legacy group with Knudsen, told the Eagle, ​“I’m certainly pleased with the unanimous vote.”

Prior to the vote, Peter Berdon, an attorney and a ZBA member (pictured at corner left), read a long list of findings of fact. He said the permit is consistent with the historical use of the property as a theatre. He also said there was no evidence that alcohol had been served or sold there during the timeframe in question.

Berdon said in his opinion, the facts support the permit issued by Zoning Enforcement Officer Jennifer Acquino.

“I think her decision was correct,” Berdon said as he explained his vote.

The Stony Creek Association (SCA) had turned down a last-minute attempt Monday night by the town attorney to encourage negotiations with the Legacy Theatre prior to tonight’s scheduled vote by the Zoning Board of Appeals (ZBA).

After more than two hours of discussion, including a one-hour executive session, the executive board of the SCA voted not to discuss five issues suggested by town attorney Bill Aniskovich. The board, which met at the Willoughby Wallace Library, also voted to allow the ZBA vote to proceed tonight, rather than asking for a delay. We will update this story after tonight’s vote.

“I have to believe in my heart of hearts that we have the law on our side,” said SCA board member DeeDee Hakun as she suggested that the issue be resolved by the ZBA.

SCA board member Linda Reed (pictured right) said attempts were previously made to talk with the Legacy Theatre and that further delay would be counterproductive. “We’ve been around the mulberry bush 55 times at this point,” Reed said. 

Aniskovich, who did not attend the meeting, did not mention the word negotiate in his request, but the majority of Stony Creekers at the meeting said the intent was clearly to prompt 11th hour negotiations.

The SCA has been opposing 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 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.

The ZBA held public hearings over the past two months, and is slated to vote tonight regarding the legality of the permit. 

Aniskovich’s Five Points

At the beginning of Monday night’s special meeting, Dan Bullard (pictured), who chairs the SCA, said Aniskovich asked the SCA and the Legacy Theatre to consider five points — parking and traffic; limitations as to days and hours of operations; use of property for non-theatre events such as concerts; use of property for third-party events; and use of property for education, camps and instruction.

The SCA voted 7 – 2 in favor of a motion stating, ​“At this time it is not appropriate to comment on these issues.” The majority of board members and about three dozen residents at the meeting felt that the foundation of the appeal was whether the Fit-Up Permit was issued legally, not the issues that Aniskovich was suggesting.

In a separate motion, the SCA voted 6 – 3 to proceed with the ZBA vote, rather than asking for a one-month delay. Feelings among the board and the residents were clearly mixed on the second motion. The idea to postpone the ZBA meeting was not requested by Aniskovich.

Bullard said there was ​“lots of heated discussions” during the executive session, especially on the issue of asking the ZBA to delay the vote. 

“This is not an offer to negotiate,” Bullard said, adding that a one-month delay would give the association more time. ​“I feel we should not have a drop-dead date of tonight and tomorrow.”

The SCA voted 10 – 1 in October not to negotiate with the Legacy Theatre.

SCA board member Sam Kirby said he wanted to delay the ZBA vote. ​“What we want to do is still keep the door open to negotiations.” He said Aniskovich making this suggestion at the last minute was an indication that ​“we do have some power in this.” 

Bullard cautioned that if they lose the appeal, it would be costly to pursue the issue in the courts. “We could spend our annual budget in a heartbeat if we take this to the next level,” he told those assembled. 

Background

The Zoning Board of Appeals (ZBA) held public hearings on the Tenant Fit-Up issue in September and October, but no decision was reached.  The ZBA is scheduled to discuss and possibly make a decision at tonight’s meeting. Click here to read about the most recent hearing. 

During the hearings, 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 when theatres were allowed as a matter of right.  She also said the zoning regulations do not have standards for theatres that address the number of performances, type of performances, or hours of operation.

Timothy J. Lee, an attorney with Fasano, Ippolito and Lee, LLC, who represents the SCA, has said the proposed use of the building is a “marked extension” of any previous use. He said the SCA is not seeking to stop the theatre, but the association wants the Legacy’s board of directors to apply to the P&Z for a special permit so that further issues can be discussed.

Legacy’s attorney, James R.  Strub, of the Waterbury firm of Secor, Cassidy and McPartland,  disagreed with Lee. He said there was no record of any action claiming that the Puppet House was not zoned properly over the years.

The venue was built in the early 1900s as a site for silent movies, and later became a famous summer theatre. It served as 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.

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. 
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