Beach Theatre Foundation Asks Council Once More to Declare Building Historic

CAPE MAY — Beach Theatre Foundation President Steve Jackson has sent a second letter to City Council urging them to adopt a resolution passed by the city’s Historic Preservation Commission (HPC) and Planning Board designating the Beach Theatre as an historic site for purposes of the city’s master list.
In the letter, he outlined why council should act immediately and affirmatively:
• Zoning Board proceedings flawed. The demolition permit denial stems from a determination by the HPC that the premises were entitled to the protection of the ordinances regarding demolition of historic sites, most importantly, the provision that requires the applicant to seek to dispose of the property for “fair market value” for up to 24 months before demolition will be allowed.
“Up to this point, no fair market sales attempts have been made by the owner, Frank Investments. The option we obtained to purchase the premises for $12.0 million in 2007 and our subsequent experience with developers through 2010 have confirmed that no possible redevelopment or restoration can take place on the basis of such an inflated and unrealistic price. Moreover, the Zoning Board with no expertise or competence in historic preservation, has been conducting its demolition hearings on a de novo basis, giving no deference to the expertise of the well-developed HPC findings concerning the site owner, has been painfully obvious.”
• Merits of requested designation: Those merits include demonstrated fact, among other things, that it was designed by a prominent and prize winning theatre architect, and was built and maintained for the cultural and social benefit of the local community by the leading movie theatre and entertainment entrepreneur in Southern New Jersey in the early and mid 20th Century-all parts of the city’s heritage worthy of designation. “Far from being the derelict shell vivisected by the Franks, the Beach Theatre was, and we believe can be restored to be, of impressive architectural significance.”
• Propriety of Requested Designation: “We do not understand why the council has not acted on the HPC and Planning Board designation request before, but we do note two factors. First, until May 2, 2011, when we have been advised the law in New Jersey will change to a “date of filing” from a “date of decision” basis (and provided the Zoning Board does not act in the interim), the City Council has the opportunity legally and effectively to adopt the Planning Board resolution already submitted to you, which action must be given consideration in the ZBA proceedings.”
“Thus, acting properly within your political responsibilities as a legislative body, you can make a difference in the outcome, whereas we, as private citizens, cannot be sure of doing so.
Second, we thought your hesitancy to pass the designation resolution might have stemmed from the City Solicitor’s advice that you risked being sued by Frank Investments for doing so. Despite that, as you know, although Council did not pass the designation resolution, last month, nevertheless, the City was sued by the Franks anyway on the prior demolition permit. So, if Council hoped to forestall litigation with the Franks over demolition of the Theatre, that objective is no longer achievable, and the City must defend itself. We think it should do so in court and in the legislative arena.”
• Landmark Status Issues: As you all know, the City’s “National Historic Landmark” status is under watch by the National Park Service (NPS). Review with negative implications can lead to loss of landmark status, bringing with it serious damage to a City economy that remains fragile from the recent recession.
“We believe, in view of other recent actions and developments, that, unless the City shows forceful continuing commitment to historic preservation, there is a very significant risk the NPS will revoke the landmark status.”
Jackson’s letter to council noted: “We can think of no better demonstration of such commitment than to take advantage of the expertise and the proofs offered to you to make the historic designation. By doing so, Council will set the example that demolitions of historic sites are not to be trivialized or won through loopholes. The NPS will see that, prior to demolition in Cape May, the City promotes transfers of historic properties to those who will pay fair value for preserving them. We think that demonstrates the kind of stewardship that the NPS will appreciate. We think it will preserve the landmark status.”
The Beach Theatre hearing before the Zoning Board will resume May 26 at 6:30 p.m. in City Hall Auditorium.