Hyman to Cut Off Tatamy Trail Access After Palmer Tp Executes Search Warrant on His Apartment Building

I just don't get it. In Wilson Boro, elected officials are tripping over each other to help a nonlocal developer turn the long vacant Dixie Cup factory into apartments with rents so high that only people from Jersey and NYC could afford them. They're even willing to give a $29 million tax break, with the sole holdout being NorCo Council. But barely a mile away, Palmer Tp officials have thrown up roadblock after roadblock in a bizarre attempt to prevent local developer Nat Hyman from developing an old and vacant Crayola factory into apartments for workforce housing and without a dime in public handouts. The most recent example of Palmer's obstruction is a search warrant for his property, obtained on Friday, July 27, not for drugs or dead bodies, but for something far more sinister - "tools or evidence of construction activity." It was "served" by a code enforcement officer, accompanied by Palmer police officers who said they'd love to rent there. When the code enforcement officer was told that Hyman's contractor has 30 families who need to eat, the response was "then learn how to schedule your work better." 

Palmer Tp's zoners approved Hyman's property, located at 2025 Edgewood Avenue, for residential use on July 14. 

As soon as that decision was handed down, he asked Palmer officials to advise him of the process for obtaining permits. He was told he had to wait until they received the written decision, which is complete nonsense. After officials got the written decision, Hyman was told he had to wait until the 30-day appeal period had passed. This is also incorrect, although whatever work Hyman did would be at his own risk. Hyman was also told that he could get no permits until all conditions of approval had been met even though he met all but two conditions that were dependent on information being provided by township engineers. 

Obviously, despite support from zoners and even supervisors, someone in Palmer Tp's administration is pulling out all the stops to prevent Hyman from building workforce housing in a region facing a housing crisis. 

Hyman tells me in all his years of real estate development and even during numerous battles with Allentown, he has never been hit with a search warrant. Not in Allentown ... or Nazareth ... or Northampton ... or Stroudsburg ... or Williamsport .... or anywhere. 

The search warrant is predicated on an affidavit of probable cause from a code enforcement officer who was apparently visiting the site every day, looking for a reason to stop it, even to the point of peeping into windows. What his workers have done is pull out carpet, remove old lay-in ceiling tiles, cut wood and metal to use as studs and install some non-structural studs. That’s it. None of this requires a permit.

In the affidavit, the code enforcement officer includes photos that show the following: 

1. A dumpster showing residue from cutting wood for studs.

2. NON -STRUCTURAL studs seen by peeping through a window.

3. Two trucks in the parking lot.

4. A garbage cart with residue from cutting non-structural studs.

5. An EXISTING electrical panel observed by window-peeping and that was there when Hyman bought the place. He actually intends to replace it.

None of these items requires a permit, a point that Hyman's attorney made with Palmer officials on Friday afternoon. 

Palmer even hammered Hyman for replacing windows, even though he is expressly allowed to do so long as they are the same dimensions as the original. This is a matter of public safety and discourages mischief and prevents the property from becoming an attractive nuisance.

In an email to township officials, Hyman states, "These gestapo tactics are so beyond the pale that I can’t even begin to address the offensiveness and absurdity of it! They made all workers stop work and leave the building. ... Frankly, I don’t react well to being bullied and my experience tells me that a bully interprets kindness as weakness and only understands strength. I have had enough."

So how does he intend to show strength?

He could sue. He's already spent $250,000 in legal and witness fees to persuade Palmer Tp's zoners to grant him a variance that permits a residential use. He could sue for damages, especially since time is money. 

But he also has another tool and will use that one today.

Palmer Tp has an easement (in green) over a portion of Hyman's property on the north side of Edgewood Avenue for the Tatamy Rail Trail, which incidentally is among my favorites. People who use that trail can continue through Hyman's parking lot (in red) on the south side of Edgewood Avenue and make their way up the steep hill to Hackett Park or even the Dixie Cup in Wilson. But guess what? The township has no easement for the trail across his parking lot. The trail along the west side of Hyman's lot (in green) is actually a cliff owned by the township. It would probably cost close to $1 million to excavate and pave. 

Up until now, Hyman has had no problem with trail users who go through his parking lot. He likes seeing the activity and that is one reason why he bought the property in the first place. But he needs to send the township a message, and this is it, in his own words. 

Please be advised that a temporary barrier is being erected today to prevent access through our parking lot from one side of the bike and running trail to the other. We plan to erect a chain link fence to really secure the lot over the next few weeks.  In addition, the tow truck company has been contracted to tow all vehicles in our parking lots…. In including those of people who park there to use the trail. 

The only way the barricades come down and the trail reopens is if THIS WEEK:

1. We are permitted to resume work

2. The permit is issued. 

3.  Your officials stay away from me and do not harass me again.

If it goes beyond this week, the barrier remains permanently, and Mr. VanLuvanee [Hyman's lawyer] will be filing complaints to seek damages.