HPC to Rehear Demolition Application for Beach Theatre

CAPE MAY — The city’s Historic Preservation Commission (HPC) will rehear an application for demolition of the Beach Theatre by its owners, Frank Theatres in January.
Bruce Frank, president and CEO of Frank Theatres, told the Herald a new application has been filed. He said he hoped that HPC would follow the law and “discharge their obligations in an unbiased manner.”
A contract was issued for asbestos removal from the Beach Theatre, said Frank. He said the theater will not reopen.
“I would hope that the vision from the city and from the members of the HPC would be outside the scope of personal emotions and deal with what will look good there 20 years from now,” said Frank.
HPC and the Beach Theatre have a complicated history that includes refusing a demolition certificate in 4-3 vote in May 2007 and then voting again and issuing a certificate in July 2007 when an issue was raised that HPC Chairperson Mary Ann Gaffney’s husband was part of the Save the Beach Theatre Foundation. She recused herself from the second vote and alternate Commissioner Wayne Copeland cast a “yes” vote for demolition.
That certificate was good for one year.
It appeared to have been extended until July 1, 2010 when Gov. Jon Corzine created the Permit Extension Act (PEA) of 2008.
City Solicitor Tony Monzo confirmed resident Jean Powick’s discovery last month that a certificate extension through 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.
That left Frank Theatres with an expired certificate.
A new approval for demolition may be an uphill climb for Frank Theatres. Since the first certificate for demolition was approved both the city’s 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.
In June 2007, HPC voted 4-1 not to reopen a hearing on the matter that would have examined a report by preservationist Joan Berkey indicating the Beach Theatre may be eligible for the state and national registers of historic places.
The existence of Berkey’s report was not known to the HPC when it voted to issue a demolition permit in May 2007.
Before the demolition certificate was declared expired by the city, demolition was scheduled to begin last month.
Frank said while the Jersey coast has a tremendous amount of history, it also has a tremendous amount of progress. He said there are numerous locations where an older structure once was located.
He said foresight is needed to look beyond this year or the next and look ahead 20 years. Frank questioned if the city wanted people to point to the Beach Theatre in the future and remark that it has been closed for 20 years.
If a demolition certificate is issued, Frank said he would spend 2010 in the permit process and start construction in mid 2011 with the project completed by 2013.
The project received preliminary site plan approval from Cape May’s Planning Board to build six, three-bedroom condominiums above nine existing retail stores fronting on Beach Avenue.