VILLAS – In what is becoming a regular, annual event in Lower Township, a crowd supporting the Sunset Beach Sportsmen’s Club filled the Lower Township Meeting Room, June 19, in anticipation of opposition to the club’s liquor license renewal by the state Department of Environmental Protection (DEP).
As it has done for several years, the DEP sent a letter to Lower Township, this year dated April 17, expressing objection to the township’s renewal of the club’s liquor license.
The DEP’s objection is because they own the property the clubhouse sits on, the DEP did not authorize the club to be on the property, and DEP regulations prohibit alcohol on its property.
This year’s letter was signed by David Golden, assistant commissioner of the DEP, who referred to a May 26, 2022, letter from the DEP, and said the department followed the letter by filing an eviction complaint in Cape May County Superior Court June 15, 2022, seeking to remove the club from state property.
According to Christopher Gillin-Schwartz, attorney for the club, the land where the club sits was part of the Harbison-Walker Refracteries property, what is known locally as the former magnesite plant, and it is located at the far edge of the property, next to a gift shop.
Gillin-Schwartz said that in 1999, when the state acquired the property, the DEP began efforts to remove the club that has been at the same location since 1957.
According to Gillin-Schwartz, the Sunset Beach Sportsmen’s Club has been around in one form or another since the 1940s. The clubhouse was located in Cape May Point when, May 16, 1949, a formal charter was created. The clubhouse remained there until the building was moved to its current location in 1957.
The land was owned by Harbison-Walker Refractories, and Gillin-Schwartz said a lease agreement from 1982 shows Harbison-Walker agreed to lease the property to the club.
The 1982 lease, Gillin-Schwartz said, says it is for one year and may be renewed for a year. He said the DEP has interpreted the lease to say it could remove the club with 90 days’ notice.
“The club disagrees,” Gillin-Schwartz said.
Gillin-Schwartz said the club’s liquor license dates to the 1970s and has been renewed every year.
“(The DEP) knew what the building was and what the club was,” he said.
When asked if the state owns the land the club sits on, Gillin-Schwartz said, “It’s a big piece of property and the club is very close to the edge. No one sent me a survey.”
The Lower Township tax assessor’s map shows the property line running between the club and a retail store.
However, Gillin-Schwartz said there is a lot of review when the state buys property, and there was discussion in writing between the state and Harbison-Walker relative to renewing and affirming the continued possession and operation of the club.
Gillin-Schwartz said he just recently saw the letter from the state to Harbison-Walker affirming this position.
“That is a completely different tune than what the state is singing now,” he said.
Gillin-Schwartz said in a 1999 letter from the DEP to the club, the state proposed agreement in lieu of paying rent, which included conducting various maintenance obligations on the property.
Gillin-Schwartz said the club has been good stewards of the property, living up to that part of the agreement ever since, including holding biannual beach and parking lot cleanups. He said the state doesn’t even have a trash can at the site.
According to Gillin-Schwartz, the 1982 lease agreement between Harbison-Walker Refractories and the Sunset Beach Sportsmen’s Club shows the club paying $782 for the year.
“What the lease calls for is they pay tax on the property to Lower Township, and they are paid up to date,” he said.
According to the Lower Township tax assessor’s records, the club does pay property taxes on land assessed at $5,000 and a structure assessed at $79,900. The club is assessed as a nonprofit organization, not for public use. In 2022, the club paid $1,645.36 in property taxes to Lower Township.
Lower Township Solicitor David Stefankiewicz, speaking to Lower Township Council, said the state has a dispute with the club, but that should not be an impediment to renewing its liquor license.
“The question for you is whether or not they meet all the criteria for renewal of their license – and they do,” he said.
No one was present to represent the objector.
Stefankiewicz said there is no impediment to the township issuing a liquor license to the club until a judge tells it otherwise.
Mayor Frank Sippel said he does not recall hearing any complaints about the club and as far as he knows, they are a good tenant, saying they give back to the community.
Councilman Thomas Conrad recalled taking his children to the club when they were handing out free hot dogs and sodas.
Council voted 5-0 to renew the license.
The Office of the Attorney General of New Jersey did not immediately respond to a request for comment on the eviction case. Instructions given to the Herald for obtaining a copy of the eviction notice said there was a six- to eight-week response time from the courts.
Contact the author, Christopher South, at csouth@cmcherald.com or 609-886-8600, ext. 128.
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