Cape May would not be Cape May without the Beach.

Legal Support Fund 2010Legal Support Fund

August 3, 2010

Hello Friends, Fans and Supporters of the Beach Theatre,

As you probably know, Frank Investments, Inc., the owner of the Beach Theatre, has applied to the Cape May Zoning Board to obtain a new demolition permit so it can tear down the Theatre and build apartments. If successful, this action effectively will overrule a January 2010 decision of the City's Historic Preservation Commission (HPC) to deny a permit based on the historic nature of the Theatre site. So, the fate of the Beach Theatre once again hangs in the balance.
 
The Beach Theatre Foundation (BTF) was founded in 2007 as a not-for-profit entity dedicated to preserve, protect and restore the essence of the Theatre as Cape May's historic local movie house.  As you may recall, we leased the facility from Frank Investments, did stop gap repairs to operate it for a modestly successful 2008 season, and extended our lease into 2009 after which the Franks refused to renew it.  While we held the lease, we also held a purchase option and sought to buy the property at what we felt was a reasonable price, but that too was rejected.  Even after our lease expired, throughout 2009 we developed alternative plans for redevelopment of the site and continue to solicit developers for a project. We believe it is accurate to say that the Theatre would not have had a 2009 season and would not be standing today were it not for the efforts of the BTF channeling community support to save it.
 
Although we've been on the scene for only three years, the Beach Theatre has been a community fixture for 60. It is still standing, and we are now engaged in one last effort to prove that Cape May, a National Historic Landmark City, should preserve history and not demolish it.
 
Due to quirks in New Jersey law, the applicant for the demolition permit gets to start all over again with the Zoning Board-- as if the HPC process never existed.  And so, on July 22nd, the Zoning Board hearings began. Given the crucial stakes, the BTF's Board of Trustees concluded it was vitally necessary for us to retain expert counsel to represent us in the proceedings and to assemble a meritorious case for preservation of the Theatre property.  In that regard, we were very fortunate to engage as our counsel Michele Donato, an experienced and esteemed historic preservation attorney, who has played a role in saving numerous historic assets and authored preservation legislation on a local and state-wide basis in New Jersey.  We believe the hearings will be lengthy and intense.  They are set to reconvene on September 23rd, and further sessions maybe required.  We and our counsel intend not to just oppose the applicant's position, but to assemble a legal case, including testimony from experts in architecture and preservation, that will persuade the Zoning Board it should deny the permit.  
 
Prior to the upcoming hearing, the BTF plans to hold an informational meeting open to all Cape May residents, vacationers and other supporters of the Theatre.  At the meeting, we intend to update everyone on all aspects of our efforts to save the Theatre (including the hearings), development plans and new ideas. An e-mail will announce the date, time and venue of the open public meeting and we expect to advertise it in the local media.
 
As you can imagine, the biggest expenses for the BTF right now are for legal fees and related costs. In addition to the significant Zoning Board matter, we are vigorously defending ourselves and asserting counterclaims against Frank Investments in Superior Court over claimed breaches of the expired Theatre lease.
 
Since there are no more Theatre revenues, and the Board cannot fund all these efforts personally, we need your help.
 
Starting today, we are establishing a "Beach Theatre Legal Support Fund." Our goal is to reach $15,000 within 45 days. We are asking you to donate specifically to this special fund, and believe, with your aid, we can achieve that goal. You can use your major credit card to make a tax-deductible donation. You can also send a check to Beach Theatre Foundation, Inc., P.O. Box 258, Cape May, NJ 08204.
 
Your contribution can help us stop the demolition of the Beach Theatre. It also allows us to continue in our efforts to acquire the property and develop it into a viable, vibrant theatre and retail destination to enhance the Conventional Hall and Promenade area of Cape May.

During our 18 month lease with Frank Investments, we had to abide by a "gag clause" that forbade the BTF and board members from opposing any permits the owners applied for regarding the Theatre. It was an extremely tough rule, but it gave us the chance to get operating experience, demonstrate how there could be a fresh and caring way of presenting films and entertainment in town, and to work on projects that might lead to purchase and renovation. The gag rule is now gone. We are speaking out and will continue to speak against the removal of this historic asset and cultural center from our city.
 
Help us win the case for preservation by giving to our Legal Support Fund now!
 
Thanks again for your support.

Sincerely yours,
Steve Jackson
President & Founder
Beach Theatre Foundation, Inc.
609-849-8780 (note new telephone number for the BTF)
steve@beachtheatre.org