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Skinner: Take Beach Theatre by Eminent Domain

Beach Theatre | 7 weeks 2 days ago | Comments 20

By Jack Fichter

Skinner, Jackson, Kurkowski at theater event/Jack

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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Comments (20)

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Sat, 11/29/2008 - 10:36pm

I don't get these few people......why so critical about preserving Cape May ????
Barbara, I don't care what your motivation is, keep up the good work in preserving CapeMay. I'm a part time summer resident, and when we come down it is great to see the city the way it has always been. It seems w/o some oversite the city was ready to build a convention hall looking like a mall till you got involved.. and as far as the Beach Theatre, the idiots at the HPC are already prepared to hand over demoltion permits.....who the hell is looking out for old Cape May ?? How did they qualify for those jobs ?? I am glad you have been involved for whatever reason, I'm sure you care about CM. Keep up the good work. And don't get bogged down w/ negative losers taking pot shots from behind their skirts. Continue to be a warrior ! As my Marine buddy from Desert Storm always says.."NEVER QUIT" I'm with you. Forget these clowns in the peanut gallary....

Tom Gellella
Hillsborough, NJ

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Sat, 11/29/2008 - 10:18pm

Barbara Skinner gets criticized by losers like you because she cares about preserving Cape May. Whats your motive for doing nothing.....??? She got involved in getting some version of the original architechture design pre 62, for the new convention center and she wants to preserve the Beach Theatre, you have a problem with that ? It doen't matter her motivation....She's putting it on the line for the city. ...again what are you all about ???
If you don't care about the heritage of Cape May ...GET OUT OF THE WAY !! Let her make the effort and I'm 100 percent behind her, If I get to meet her I'll shake her hand for trying. If you have a problem with that, lets hear it.
Tom G.

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Mon, 11/17/2008 - 6:37pm

Some people just like to hear themselves talk. This poor lady actually believes what she wants to do is for the good of all. Too bad she does not have the moeny to buy the theater and run it. HOWEVER, reality is a harsh thing. I would not be surprised if the plans to build condos got put on hold not by Barbara Skinner but by the economy then she can say she stopped it!!

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Mon, 11/17/2008 - 5:30pm

I think we should bring back tar and feathering!

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Mon, 11/17/2008 - 12:35pm

“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.”

Who is we? Skinner resigned from the Beach Theatre Foundation two months ago, she told the Herald.

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Mon, 11/17/2008 - 11:24am

I, along with many other people in and around Cape May, are so tired of hearing about Barbara Skinner and her rantings and ravings on every subject she has an opinion on. What authority, background, or experience does she have to build and run an environmental center at VWMA? And now that she is no longer on the Beach Theatre Foundation (resigned?), she suddenly has a change of heart and wants the city to take it over. I can't wait (sic) to hear what she has to say about the building of the new Convention Hall.

Know what Ms. Skinner, why don't you put your money where your mouth is? Why don't you buy back VWMA and you can do whatever you want with it. Why don't you buy the Beach Theatre and run only the movies that you'd like to see and sell tickets only to the people that you feel are worthy enough to attend? Why don't you pay for the new Convention Hall and name it the Skinner Center and you can control everything?

Better yet, why don't you run for office - oh, I forgot - you're not a resident!

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Mon, 11/17/2008 - 4:46am

To West of the Ponderlodge. Who says the the community supported the state "plan" to restore the habitat in the VWMA? I for one do not, basically because they prove time and time again they are liars. From the beginning, the state did an underhanded deal in purchasing the Ponderlodge out from under the township/county.....with the help of a big state politician. They further compounded the problem by putting it under the Dept. of Fish and Wildlife and not Parks and Recreation. They had 2 years to start on their $1.5 million dollar enhancement plan. The only thing they have done is remove the resident ranger from the property, so that it is now unprotected, unmanaged and is a potential fire hazard (from all the overgrown underbrush) to the surrounding property owners. Sure eventually the state will demolition the buildings and then let the gorgeous property turn into a "huge success", just like their success on the Magnesite property at Sunset Beach. The best thing that could happen to the VWMA is for the state to sell it back to the township/county as preserved land for the same amount they bought it. Now that would be a success. Being good stewards of the land means more than just being able to accumulate as much acreage as possible and the state is lousy at it.

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Sun, 11/16/2008 - 7:51pm

Look @ the plus side. Now that Skinner has voiced this "brilliant" idea, no one will give her a personal agendas a second thought any longer. Ms. Skinners home would be a lovely location for a senior center. How about eminent domain there?

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Sun, 11/16/2008 - 7:06pm

Its over. let it go. If the developer wants to build Condos that may or may not sell let him. If they don't sell then perhaps they will be used to house foreign students for $80.00 per week like they are doing in Atlantic city. If not then the City can take the Skinner mansion in all its glory and code deficits and house st=udents there.

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Sun, 11/16/2008 - 5:35pm

....the tribe has spoken.

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Sun, 11/16/2008 - 10:04am

From N. Carraway, West of Ponderlodge

It is distressing to see Ms Skinner again seeking to impose her will without reference to the democratically demonstrated intentions of the citizen's of the community.. The Ponderlodge issue was on the way to resolution by the state and the town council before she intervened and delayed the demolition that would have restored the area to the natural habitat the community supported. I ,for one, and many other voters had for months before Ms Skinner's arrival on the scene voiced my views on the future development of the VWM Area. To read today the suggestion by a private citizen that eminent domain is a solution to the Beach Theater issue is worrisome. Whose property would be deemed expendable next in Ms Skinner's crusade? Shifting the burden from apparently unwilling private donors to unwilling taxpayers is certainly questionable. .

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Sat, 11/15/2008 - 11:53pm

Unreal, some people need to mind their own business and worry about their own properties not someone else. The owner has a right to do what he pleases with his theater and Skinner needs to stay out of it. Who does she think she is, Hitler, to dictate to the city and the owner what to do. Enough already with these control freaks that think they have the right to tell people what, when and how to do things. Next thing you know you will have to ask permission to go to the bathroom.

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Sat, 11/15/2008 - 11:38pm

Oh yeah--Skinner did such a BANG UP wonderful job with PONDERLODGE now didn't she? Didn't Kurkowski LOSE? Why is he relevant to this discussion?

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Sat, 11/15/2008 - 9:33pm

People who come to visit the shore do not go to the movies except when it rains - they come for the beach, food and outdoor events. Itf it was a viable business it would not be in the state it is.

If Ms Skinner is so passionate about it then maybe she should buy it - mortgage her house, beg a bank to give her commercial financing and pray you make money in the endeavor. and then stay awake everynight when the dream you felt so passionate about looses money left and right.

You buy it,Lady - not the city - put your millions where your passions are!

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Sat, 11/15/2008 - 9:03pm

Great idea to get the theater, at the same time they should take Skinners property by eminent domain for use as a theater administration building.

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Sat, 11/15/2008 - 8:46pm

Hey Skinner! Shut your mouth! You are doing more harm for your cause! Why would a developer want to invest millions to hear your whining and protesting! Let MR. Jackson do his job!!!

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Sat, 11/15/2008 - 6:37pm

Just another Barbara Skinner pipe dream. If people wanted to go to the movies in Cape May Frank's would not be selling it. The place is a run down, mold invested S&^% hole. I think the citizens of Cape May are about tired of hearing Ms. Skinner. Do us a favor and GO AWAY and take Christine Miller with you. Move to whats left of the Ponderlodge Mansion, you will feel right at home.

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Sat, 11/15/2008 - 6:18pm

HAHAHAHAHAHAHAHA! these people ARE the entertainment for the city

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Sat, 11/15/2008 - 5:22pm

It is time to give it up Skinner. The area is tired of your lame attempts to get what YOU want. Maybe its time to head back up the road and torment the poor people of some other town. Good Riddance!!

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Sat, 11/15/2008 - 1:44pm

QUACK, QUACK, QUACK.....Skinner's on the goose again!

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