CAPE MAY — Barbara Skinner, resident and champion of preservation causes such as Ponderlodge, approached City Council at a Wednesday, Nov. 12 meeting requesting the city take the Beach Theatre by eminent domain.
Mayor Edward J. Mahaney Jr. asked Skinner if she was speaking on behalf of the Beach Theater Foundation. She said she was speaking only on her own behalf.
Skinner resigned from the Beach Theatre Foundation two months ago, she told the Herald.
She said the city could use eminent domain on the grounds that the Beach Theatre would serve the public good by remaining a theater and being available for public use.
“We have until March 31 to come up with $9 million-plus to purchase this,” said Skinner. “We do not have a developer in the offing.”
“This theater represents a great part of the fabric of this community,” she continued.
Eminent domain is defined as the power of a government body to seize a property without the owner’s consent but with compensation.
The city’s Planning Board adjourned Sept. 9 without hearing public comment on Frank Investments, the theater’s owner’s application to build six condos above the stores and demolish the auditorium section of the Beach Theatre.
After almost three hours of testimony from the theater’s owners, the meeting was adjourned and will continue Dec. 9 at 7 p.m. when public comment will be heard.
The Beach Theatre Foundation has a lease on the property ending March 31, 2009 with an option to purchase the property. If the foundation is unable to find a developer to buy the theater complex, Frank Investments intends to move forward with its plans, said Nehmad in September.
The City of Cape May loaned the foundation $100,000 in October 2007.
Skinner said the theater brought customers to businesses along the boardwalk and nearby restaurants and fed parking meters. The Beach Theatre was within walking distance of the Washington Street Mall, she noted.
Skinner said due to mistakes made during hearings for Frank Investments to receive a demolition permit from the city’s Historic Preservation Commission (HPC), the permit should not have been issued.
HPC issued a demolition permit for the theater in June 2007.
At that time, 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. Commissioner Pip Campbell cast the lone “yes” vote to reopen the hearing.
The existence of Berkey’s report was not known to the HPC when it voted to issue a demolition permit in May 2007.
At the July 9, 2007 HPC meeting, Commissioner Tom Carroll, who was also a member of the Save the Beach Theatre foundation, said Berkey’s report was not presented to HPC because it was his understanding the foundation was in “delicate negotiations” with Frank Investments at that time and they feared jeopardizing an agreement.
At that hearing, Stephen Nehmad, attorney for Frank Investments, said it would be “highly, highly, extraordinary act” to reopen the hearing. He said a hearing should be reopened only if there was fraud or misrepresentation or discovery of new evidence.
He said Berkey’s report was in the hands of the Save the Beach Theatre Foundation in May.
Berkey’s report noted the theater was an early example of a mid 20th century building that combines strip-style stores anchored by a centrally located theater. She said it appeared to be eligible for both the state national registers in the dual categories of entertainment/recreation and commerce.
Berkey’s report said the theater may have been one of the first in the state or nation to combine a theater with retail stores.
Skinner said Berkey’s report on the historic significance of the Beach Theatre was received two days after the second meeting of the HPC and another hearing on the demolition permit should have been held.
“Although I’m not fond of eminent domain, I think that this is the last picture show,” said Skinner. “This is our last opportunity to do something to save this theater.”
She said eminent domain may be necessary if a developer cannot be found and if the city does not want to float a bond to buy the theater.
Mahaney told the Herald after the meeting he had not discussed eminent domain with City Council but he doubted it would be a viable option.
Earlier in the meeting, Councilman David Kurkowski, during discussion of authorizing a $7,000 change order to a firm that is undertaking a new survey of historic buildings in Cape May for the HPC, asked if there was inclusion of an historic theater in the new survey, that was not included in a prior survey when a demolition permit was issued, would it affect future actions.
City Solicitor Tony Monzo said the new survey would have no affect on a current demolition permit.
Beach Theatre Foundation President Steve Jackson told the Herald his group was not considering eminent domain.
“We don’t have an agreement or any new deal with the Franks, however, I will tell you that we’re having very good dialog with the Franks in terms of trying to get ourselves in a position to find a developer,” he told the Herald.
He said Frank Investments has a desire to find a developer for the theater property as well.
Despite tough economic conditions, the foundation and Frank Investments are trying to be creative in ways to attract a developer that will be a partner to the foundation and satisfy what the Frank’s are seeking, said Jackson.
“We are trying to work feverishly, as fast as we can, for all concerned,” he said.
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