Printer Friendly Version - ZBA Backs Legacy Theatre Permit

Following a lengthy, well-attended public hearing spanning two nights in September and October, the Zoning Board of Appeals (ZBA) voted unanimously on Nov. 18 to uphold a fit-up permit granted to the Legacy Theatre for building use of the former Puppet House, 128 Thimble Islands Road. Here, SCA president Dan Bullard is shown speaking to the ZBA in September, as Legacy Theatre Artistic Director Keely Baisden Knudsen (seated front row, far right) listens in.

On Tuesday night, Stony Creek Association (SCA) lost its appeal to roll back a fit-up permit granted to non-profit Legacy Theatre, when the Zoning Board of Appeals (ZBA) voted unanimously to sustain the permit issued in July by Zoning Enforcement Officer Jennifer Aquino.

This week's ZBA vote ended a long appeal process, stretched over two nights of SCA-packed public hearings in September and October. See The Sound’s past stories at www.zip06.com/branford The permit allows building use to include theatre productions, celebrations and rentals, in line with what Legacy described as past practices at the building, formerly known as the Stony Creek Puppet House. In part, SCA contended Legacy’s use would be non-comforming to the building’s past use. SCA felt a special permit should have instead been required, causing Legacy to apply to Planning & Zoning Commission (PZC) and allowing for a public hearing to help determine PZC-related issues including parking, septic, noise levels, and hours of operation; all of which ZBA cannot affect.

Following next week's publication of notice of the ZBA’s action (appearing as a legal notice in The Sound on Nov. 27), parties interested in appealing the ZBA’s vote have 15 days’ time to come forward with an appeal.

Immediately following the ZBA vote on Tuesday night at Branford Fire Headquarters, SCA president Dan Bullard said the association would meet to decide its next move, if any.

“I think everybody in Stony Creek is very disappointed and we’re going to have a meeting to see what we’re going to do from here,” Bullard told Zip06/The Sound.

Legacy Theatre co-founder and Artistic Director Keeley Baisden Knudsen also spoke with Zip06/The Sound immediately following the Nov. 18 vote, saying, “...my heart goes out to the neighbors in Stony Creek. I want them to be happy with us. I want them to love having us there and it’s heartbreaking that we’ve caused so much strife. Theater’s supposed to bring communities together; and we’re still absolutely delighted to be there and we’re so pleased to move forward.”

Attorney Jim Strub, who represented Legacy during the ZBA appeal process, answered Zip06/The Sound's question about what that “moving forward” would entail. “It’s been on hold until this gets resolved,” said Strub. “There’s an appeal period so we have to see what happens. We might be better to answer questions after that period.”

Legacy purchased the theater, located at 128 Thimble Island Road, in 2013. Construction work to revive the building, closed in 2009 due to several code violations, has since been underway.