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Deed restriction on museum up to originator of covenant

The former Peter Herdic Transportation musuem which now houses the Williamsport Bureau of Police. SUN-GAZETTE FILE PHOTO

The ball is in the court of the originators of a deed, one which restricts use of the Peter Herdic Museum to that of a museum or a recreational venue – and where the City of Williamsport Bureau of Police temporarily located its patrol division.

That’s what two attorneys, one, city Solicitor Norman Lubin, and the other Marc Drier, an attorney specializing in land-use and real estate matters, said in interviews regarding a deed restriction recently discovered by Mayor Derek Slaughter regarding the former museum building at 810 Nichols Place.

The building formerly was a transportation museum for River Valley Transit and before that Pennsylvania Railroad passenger station. It currently houses patrol division officers on a temporary basis. The key word is temporary.

Records indicated the city purchased the building in 2003 for $300,000. The deed was between EVB LLC, whose principal was the late U.S. House of Rep. Allen E. Ertel, and the city entity, said Gary Knarr, city zoning officer/administrator.

From a legal perspective, it looks as though this private entity (EVB) could enforce, release or ignore the deed restrictions,” Drier said. In a quick exercise Drier could not find a contact or many details on an active address for the LLC which has been active since summer 2000.

“It does not automatically preclude use,” Drier said of the deed restriction.

For example, if the city would try to sell the building it could result in an objection or no action taken.

It also is possible a court order could be obtained for the building’s release due to a change in circumstances.

Drier cited a similar example of a commercial development planned for a residentially-zoned area in Old Lycoming Township. The development “never panned out,” he said.

Knarr said he went by the zoning ordinance.

“A police station is permitted in certain zones,” he said.

This museum is located in the residential/urban zone and a police station like this would require conditional use hearing with council should the city choose to make it a permanent location for the patrol division.

“As it stands it is there on a temporary basis,” Knarr said.

Council has the ability to grant conditional use and follow the city code focusing on certain conditions and standards – but that is for a permanent patrol division location, he said.

Lubin, meanwhile, said he is waiting for the administration to contact EVB, if it still exists. He also agreed with Drier that the restriction could be enforced, released by the corporation or ignored.

Police told the Sun-Gazette they believe the temporary location suits the operational needs of the department. They said they are able to access various streets and the Interstate quickly and without much traffic impeding the officers from going east, west, north or south.

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