Beach Theatre Demolition Certificate Expired, Was Not Eligible For Extension

CAPE MAY- City Solicitor Tony Monzo confirmed resident Jean Powick’s discovery that a certificate from the city’s Historic Preservation Commission (HPC) that would allow demolition of the Beach Theater expired last year.
The HPC issued a certificate of appropriateness which would allow demolition of the theater on July 23, 2007. The certificate expired one year later but appeared to have been extended when Gov. Jon Corzine created the Permit Extension Act (PEA) of 2008.
PEA extended approvals for construction or demolition that would have expired during the time period from Jan. 1, 2007 through July 1, 2010 to July 1, 2010. The purpose of PEA was to help the construction industry during tough economic times and save it the expense of reapplying to planning and zoning board for approvals.
The act was to prevent the abandonment of approved projects due to unfavorable economic conditions.
Powick discovered PEA did not apply to the City of Cape May because it is classified by the state Department of Environmental Protection (DEP) as an environmentally sensitive area which is exempt from PEA.
She said she recalled that Cape May’s Master Plan stated the city was designated in the state Development and Redevelopment Plan as environmentally sensitive planning area known as PA5.
Powick told the Herald, Brian Quinn, principle environmental specialist with the Office of Permit Coordination and Environmental Review of the state Department of Environmental Protection confirmed all of Cape May was in PA5. She said Quinn told her the PA5 designation would prohibit any permits or extensions from being automatically extended under the Permit Extension Act of 2008.
Powick said that would disqualify Frank Theatres for an extension of their demolition certificate from HPC. She said the city’s Construction Code referring to the historic preservation district in 525-40 notes a demolition certificate is valid for one year from the date of HPC approval and would not be extended other than for the three months of summer when demolitions are not permitted.
“According to my calendar, it ran out in the beginning of November 2008,” she said.
As a result, Monzo said the city’s Construction Office would not issue a demolition permit if one is requested by the Beach Theatre’s owner, Frank Theatres. He confirmed that all of Cape May City is in Planning Area 5 which is marked as an environmentally-sensitive area.
Frank Theatres lacking HPC approval for demolition would need to reapply to the commission. Both the HPC and Planning Board have deemed the Beach Theatre as a key historic structure. City Council has the option of confirming it as such and passing an ordinance which would make a new approval from HPC for demolition unlikely.
Powick said this could be a precedent setting case perhaps affecting other permit extensions in Cape May and other environmentally sensitive areas in the state.
She had assistance from other preservationists in the city researching PEA. It was Powick that found the loophole that affects Cape May.