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Branford Legacy Theatre's Doors Closer to Opening in Stony Creek

With Branford Planning and Zoning's unanimous vote to submit a positive report on a street-side parking plan, just one more formality – an RTM vote – lies ahead of The Legacy Theatre finally opening its doors in Stony Creek.

The plan centers around the use and signage for seven street parking spaces, including times of day restricting them to use by property owners only.  The theater is located at 128 Thimble Islands Road, in the building that was once home to the Stony Creek Puppet House.

The parking plan was developed through a series of negotiations between legal representatives of the theater, Stony Creek Association (SCA) and three individual property owners neighboring the theater.

The negotiations started earlier this year, on the heels of SCA's narrow vote in November, 2016, to accept the terms of an arrangement stemming from SCA's legal battle with the theater, based on Branford's 2014 approval of a fit-up permit for the theater.

As part of the terms, separate memorandums of understanding were accepted by SCA and the property owners. Next, the Town of Branford became a formal party to the two separate suits to help finalize the last piece to be negotiated, street parking.

On June 1, Town of Branford attorney Bill Aniskovich, SCA attorney Tim Lee, Legacy Theatre attorney Jim Strub and attorney Mark Branse, representing the individual property owners, came before the Planning and Zoning Commission (PZC) to discuss the terms of the parking plan that had been meted out.

"The town encouraged them to engage in series of settlement negotiations," said Aniskovich of the three parties. "They have done that and reached an agreement among the three parties, including the Stony Creek Association, which recently voted to approve the terms of the agreement, as well as the individual plaintiffs and Legacy Theatre."

Specifically, acting in its capacity as the town's planning commission, the PZC was required to review the plan under CGS Section 8-24. The plan asks the town to grant exclusive rights to utilize designated parking spaces on a public road at certain times of day, related to a proposed settlement agreement which came out of litigation concerning the Legacy Theatre, Inc.

Ansikovich explained that, as the proposed street parking plan is considered a transfer of an interest in town land use, town code requires the plan to be reviewed by the PZC, with the PZC then having 35 days to produce a positive or negative report based on its review. But formal approval to sign off on litigation involving the town is required by vote of the Representative Town Meeting (RTM), set for Wednesday, June 14. Specifically, an item to "...consider and if appropriate approve a settlement proposal in the matter of Stony Creek Association, et al, v. Branford Zoning Board of Appeals, et al," is on the RTM's June 14 agenda.

The parking plan agreed upon by representatives for all three parties involved in the settlement has several provisions. It calls for two drop-off/pick up spaces in front of the theater (no vehicle standing); two parking spaces reserved daily from 4 p.m. – 8 p.m. for the property owners at 140 Thimble Islands Road, four spaces reserved daily, from 4 p.m. – 8 p.m., for property owners of 133 Thimble Islands Road and one parking space reserved daily from 4 p.m. – 8 p.m. for property owners at 117-123 Thimble Islands Road. For each of the reserved spaces, the town will provide and maintain signs stating "Reserved for Occupants of [property address] between 4 p.m. and 8 p.m. daily. Violators will be towed at owner's expense."

In addition, the street parking agreement includes permanent, town-provided and maintaned "No Theater Parking" signs for Ridge Road and Rextile Road at their intersections with Thimble Island Road. Also, a 12"x 18" portable "Private Drive" sign, together with a three and half foot high traffic cone, will be placed at the intersection of West Point Road and Thimble Island Road during high impact theater events. 

The theater property will incorporate three permanent parking spaces in a small rear lot (off Rextile Road), including one handicapped parking space.

Prior to voting on June 1 to submit a positive report to the RTM, PZC chairman Chuck Andres asked for clarification as to whether support shown for the plan would set a precedent for future enterprises seeking parking relief amidst a residential area.

"You are not here in a zoning [capacity], nor is the RTM being asked to pass an ordinance," said Aniskovich. "The RTM will be asked to approve a settlement of a piece of litigation and a stipulated judgement. It's the belief of all the lawyers [involved] that this does not create the same precedent as an ordinance would create for other areas of town."