Fate of community theater space still undetermined

The Sussex Borough Council on September 6 tabled an ordinance that would have authorized the sale of the Crescent Theater and the Harrison Street parking lot behind it.

The ordinance would have presented two options for bidders: to purchase the property with all deed restrictions or to bid on the property without restrictions. The council had previously expressed interest in restricting the deed to keep the building as a theater.

“You have to give an option, even if you may not accept it in the end,” borough attorney Frank McGovern said. “The law is designed that way. You just have to do that.”

McGovern also suggested that the council may want to consider splitting the Harrison Street parking lot into several parcels or separating the Harrison Street parking lot from the sale of the theater.

However, with a parking area of about two acres, Councilman Charles Fronheiser was concerned that taking the parking lot off would drive down the value of the theater. It would also change the value of the Harrison Street lot, the site of a former school, as it is buildable.

McGovern also answered a question Fronheiser had at a recent meeting with regards to whether a future council could undo a deed restriction to keep the Crescent as a theater.

McGovern said if the property is publicly bided on, if the owner of the property approached the council and asked if they could have a deed releasing the restrictions, the borough council could decide to do that.

However, he said if the bid were restricted to a narrow group of nonprofits, and if the property were sold to one, a council could only undo the restriction if the property reverted to the borough.

“But it narrows your bidding,” McGovern said.

Councilman Mario Poggi said he was less concerned with selling the property to a non-profit, but still wants it to remain as a community theater.