After Movie Theater Dispute, Preservation Advocates Say Designations have Benefits
BY MICHAEL OLOHAN
OF NORTHERN VALLEY PRESS
TENAFLY, N.J.—Now showing: Bow Tie Cinemas versus Borough of Tenafly.
For nearly three weeks in early to mid-November, that could have been the marquee listing on Tenafly Cinema’s lone downtown theater, when management abruptly shuttered its local moviehouse in protest as borough officials discussed designating the building’s facade as historic.
On Nov. 20, following the council’s decision Nov. 19 not to designate the property—along with three other recommended downtown buildings—the marquee could have said: “Bow Tie Wins.” Instead, the marquee announced four movies being shown and Tenafly’s moviehouse went back to business as usual.
What was not usual, though, was what occurred over several weeks prior and culminating in a non-vote by three council members—Shama Haider, Max Basch and Lauren Dayton—to leave an ordinance to designate four downtown properties, including Tenafly Cinema, tabled and thus terminate the process to designate four downtown building facades as historic.
Dayton said Dec. 17 that while “there’s always the possibility” that ordinances may be reintroduced in 2019 to designate the downtown properties, she was not certain.
Dayton said faced “with an onslaught of residents” Nov. 19, the council members made a decision “to support our local businesses and the hope that our movie theater stays and invests in our residents and community.
Tenafly’s 125th anniversary
Dayton said she realized that the historic commission would be disappointed in the decision, after nearly two years of work and effort to prepare for the downtown designations.
Dayton, who challenged attorneys for both Bow Tie Cinemas and Wells Fargo buildings, who were opposing the designations, said more focus will be on the borough’s history in 2019 as it celebrates its 125th anniversary. (The Wells Fargo building was formerly First National Bank Building at the corner of West Clinton and West Railroad avenues.
Over previous months, and several public meetings, most council members supported the designation of all four downtown properties and appeared to support designation of Tenafly Cinema, hoping to maintain the historical facades of its downtown structures, all in close proximity to Tenafly’s historic Railroad Station.
Theater shut by dispute
“That action speaks for itself,” said Historic Preservation Commission Chair Karen Neus, of Bow Tie Cinemas’ decision to close down its theater following its disagreement with Borough Council members in late October.
At a testy meeting Oct. 23, the council voted 4-1 to table all four ordinances designating four downtown buildings including Tenafly Cinema—following months of public hearings and discussions.
Despite tabling the ordinances, Bow Tie management shut down its theater within days in protest. Mayor Peter Rustin said Bow Tie Cinema officials told him they shut the theater because they did not like the questioning and tone of several council members while addressing Bow Tie’s attorney, Gary Hall, in addition to opposing designation.
Neus attended the Nov. 19 council meeting where residents jammed council chambers and mostly spoke in favor of protecting the local moviehouse, urging members to “save” their local cinema by designating its facade as historic.
“Unfortunately a corporate entity bullied their way to a political decision in its favor,” Neus said Dec. 14, noting some residents were upset by the way Bow Tie Cinemas strong-armed members to vote against designation.
She noted had the vote occurred several weeks before Bow Tie Cinemas shut down its theater, it’s likely all four downtown properties recommended for designation would have been landmarked and protected.
“Let’s not let a ‘no’ vote on these historic designations be another case of failure to plan,” said Neus at November’s contentious meeting where the council declined to take action on designation.
“By postponing or rejecting these historic designations the council runs the risk of seeing the look of our downtown streetscape determined by one owner, one business, not by the community who actually lives here,” Neus said in concluding her testimony.
‘A rash decision’
Chief Operating Officer Joseph Masher told members then that the moviehouse would remain closed if it was designated. He called the owners’ move to close the theater “a rash decision” but vowed: “We don’t want to own a property encumbered by any regulation that prohibits us from doing what we want to do in the future.”
Masher also noted Bow Tie Cinemas was “committed to this property and we are here to stay.”
Efforts to reach Masher for further comment about the theater and 2019 plans were not returned by press time.
Preservation and profits
But both Neus and Closter Historic Preservation Commission Chair Tim Adriance were critical of council members for bowing to Bow Tie’s public pressure, including threats to permanently shut the moviehouse.
Both said that historic designation has been proven to increase property values and improves a community’s appeal.
“Real estate records show that Tenafly historic properties continue to resell and house families and businesses, and that landmarked properties elsewhere do continue to sell and be redeveloped,” emailed Neus following the decision.
She said this was proven true by Bow Tie Cinemas’ “purchase and redevelopment of a landmarked building in Richmond, Virginia.”
Efforts to seek comment from Bow Tie Cinemas on this theater were not returned by press time.
Neus said she hoped the downtown designations would be brought up again by council members and noted that commerce and historic preservation goals are complementary goals.
“As evidenced by the outpouring of sentiment at the recent council meeting, residents love their authentic downtown and the small-town amenities which Tenafly offers, like the movie theater,” Neus said.
Neus said the recommended downtown designations were the result of “careful consideration and debate” including “many months of hearings in 2017…and public review at the Planning Board and council level.”
‘Retain the character’
Adriance, who followed the Tenafly historic designation controversy, suggested Dec. 17 that a historic district might be an alternative to designating single properties, though Bow Tie management appeared to previously oppose any type of designation.
“Historic designation is not the end-all on anything, they can apply for a variance to the designation and also make many renovations without affecting the historic facade,” noted Adriance.
He said that designating the theater would allow the borough “to retain the character of downtown Tenafly.”
As for not wanting an “encumbrance” on their property, Adriance said historic preservation designation does not constitute an encumbrance in any way nor is it “a taking” of private property as some opponents allege. He said recent Supreme Court decisions have affirmed this.
Adriance said local historic preservation ordinances are similar to zoning ordinances, which allow a town to regulate private land uses and activities.
He said Bow Tie’s theater closure “was ridiculously odd; they just want to do what they want to do, tear it down…whatever they want,” said Adriance. He said historic preservation’s benefits are proven.
“Just Google ‘benefits of historic preservation’ and you’ll find all the community benefits, such as attracting visitors, vibrant downtowns, profitability, good shops and restaurants, and more,” said Adriance.
Previously, when a resident questioned the council’s approval of historic designations for private homes at 89 and 93 Highwood Avenue, and alleged the designations comprised a “taking” of homeowners’ properties, the council approved a response that stated historic preservation was not a taking “but rather a zoning overlay.”
‘Compensation not provided’
“All property owners are subject to a number of zoning requirements and compensation is not provided for any perceived restrictions that borough zoning might create; indeed borough zoning laws provide harmony between neighbors and ensure a particular and special quality of life in the community,” stated their response.
Faced with a threat of a business closing, and public opposition, the council reversed course and decided not to designate the downtown properties.
According to Bow Tie Cinemas’ website, the four-generation, family-owned company was founded in 1900 by B.S. Moss and has grown to 50 locations with almost 400 screens.
Its motto is “bringing style and elegance back to the movie-going experience.”
Nearby Bow Tie cinemas are found in Ridgewood, Montclair and Hoboken.
Neus noted of 63 buildings landmarked in Tenafly’s two historic districts, only two are currently vacant.
“In fact, landmarked homes continue to sell and continue to be improved by their owners, often with the free guidance and advice of HPC, which also advocates for zoning variances when appropriate,” she said.