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Historic preservation

Village attorney Brian Egan, above, during a Village of Port Jefferson Board of Trustees work session on Tuesday, April 25. Photo by Raymond Janis

Conversations on the Maryhaven Center of Hope property at Myrtle Avenue picked up on Tuesday, April 25, to be followed by a public hearing scheduled for next week on Monday, May 1.

During a work session of the Port Jefferson Village Board of Trustees, the Maryhaven debate evolved into a game of tradeoffs and compromises, the board working to encourage the preservation and adaptive reuse of the historic building on-site through incentives.

Among the agreed-upon incentives package to preserve the structure, the board settled upon allowing for additional stories and height. The board, primarily at the direction of trustee Rebecca Kassay, remained unwilling to allow for further clearing of woodlands on the property.

The building “has a lot of meaning to the community, the Maryhaven complex,” said Mayor Margot Garant in an interview. She added the board’s current direction represents “an effort to give incentives so that the Planning Board can do their job with the applicant while preserving a historic building.”

The board is working on revising Section 250-15 of the Village Code. Village attorney Brian Egan clarified the proposed code changes. While Maryhaven is currently zoned as a Professional Office P-O District, the existing zoning code enables applicants within the P-O district to apply for rezoning for Moderate-Density Residence R-M District development through a special-use permit.

The proposed new section of the code aims to encourage applicants to preserve historic buildings and structures on their properties.

The Maryhaven “building is pretty special with the red and the views and the copper — it’s a special place,” Egan said. “But developers don’t care about that. Developers don’t care about special, so how do you give them an idea to motivate them to be special?”

To do that, the village attorney proposed a modification to the zoning code that covers the conditions of the special-use permit for parcels that contribute to the architectural or aesthetic character of the village. 

“It’s kind of giving a tradeoff,” he said. “We say that if you have a contributing, architecturally and aesthetically important parcel or building … then you can have a proposed loosening of some of the standards that would normally apply in R-M.”

The loosening of those standards went under scrutiny during the meeting, with board members going back and forth over which incentives are permissible. 

“If we don’t provide enough of an incentive, they’re just going to take this building down,” Garant said. “And if not this applicant, the next one.”

Going through each of the zoning parameters under the code, the board fixed its attention on clearing permits in particular.

Throughout the exchanges, the trustees wrestled with establishing a coherent policy that accounts for the competing values of preserving historic structures, limiting clearing and making such redevelopment initiatives cost-effective for developers.

The current P-O limit for clearing is 65%. Noting some of the general trends on clearing allowances as well as the recent village history, Kassay remained firm on not granting developers any additional allowances on clearing.

“This is something that we’ve seen our community get very upset over,” the trustee said, expressing zero tolerance for additional clearing “because we are offering these other incentives.”

Those perks would be an extra story and added height on the property, a tradeoff of density for environmental conservation and historic preservation. The board agreed to change the maximum number of stories to four and the maximum height of the structure to 47 feet.

Following the meeting, Garant summarized the conclusions of the work session. “We did not permit additional clearing” under the new incentives package, the mayor said. “If you can’t give more clearing and you want to have something built there, another tradeoff instead of sprawling it is making it more dense, giving it height.”

The mayor added that the incentives allow for “something that conforms to the preexisting building.”

The board will continue this conversation in just days with a scheduled public hearing on the matter on Monday, May 1. The general meeting of the board will begin at 6 p.m.

New York State Assemblyman Steve Englebright (D-Setauket) has held elective office continuously since 1983. Englebright’s long tenure now comes to a close. 

In a tight state election for District 4 last month, Englebright narrowly lost to his Republican Party challenger Ed Flood (R-Port Jefferson). In an exit interview, the outgoing assemblyman reflected upon his pathway into government, the legislative victories throughout that time and the meaning of public service.

The road to politics

Growing up, the young Englebright spent much of his time in libraries. He found refuge in books, which satiated his curiosity and “compelling interest in how things worked.” He also nourished a lifelong fascination with history through those hours devoted to learning.

Leading up to his first run for office, Englebright said he was deeply disturbed by the environmental degradation characteristic of those times. The “almost daily reports” of overdevelopment and sprawl, oil spills and drinking water contamination, each had left a deep and abiding impression on him.

‘The proper role of government is to protect the people who sent you.’ — Steve Englebright

He was teaching geology at Stony Brook University when he began considering public life. “I realized that drinking water was the first limiting factor for the continued well-being of this Island, and I was not really seeing any meaningful public policy growing out of the reports of chaos,” he said.

The late professor Hugh Cleland, from the SBU Department of History, would prove to be the catalyst behind Englebright’s ascent to politics. Cleland sat down with him at the campus student union. For several hours, the two discussed a possible bid for a Suffolk County legislative seat.

“This was a really serious and credible and well thought-out request that he was making,” Englebright said. “So I didn’t just wave it off. I gave it some thought and, sure enough, I found myself saying, ‘What’s next?’” 

After that meeting, Englebright decided to run and was elected to the county Legislature in 1983. He won election after election for the next four decades.

County Legislature

Upon entering the county Legislature, Englebright simultaneously confronted an array of environmental dilemmas. He described the defunct Long Island Lighting Company, the precursor to today’s Long Island Power Authority, as “at that time wanting to build a small galaxy of nuclear power plants on Long Island.” He stressed that the utility company was favoring its shareholder interests at the residents’ expense. 

Englebright successfully championed, along with a grassroots movement of LILCO ratepayers, against the construction of the Shoreham Nuclear Power Plant and other nuclear plants to follow. Their resistance efforts were grounded primarily in the risks associated with evacuation.

Another major policy issue during his early political career was the protection of groundwater and surface waters in Suffolk County. “I pushed successfully for the largest county-level open space program in the nation,” he said. He was one of the earliest critics against sprawl. 

As a county legislator, he initiated the first plastics ban in the nation. Though ahead of his time on the issue, he admitted that not enough has been done elsewhere to counteract the problem, which he said “has exploded into a worldwide catastrophe.”

He sponsored legislation excising a small fee on hotel and motel rooms, considering the measure as a fee on tourists allowing for their continued enjoyment of the area through reinvestment into the county’s most attractive destinations.

“If you wonder why county Legislator [Kara] Hahn [D-Setauket] is able to have some discretion to provide funding to Gallery North or the Reboli Center, that funding is coming from the hotel/motel room fee,” he said.

State Assembly

New York State Assemblyman Steve Englebright (D-Setauket). Photo from North Island Photography and Films

As a state assemblyman, Englebright quickly picked up where he left off, building upon and expanding his county policies at the state level. Among his earliest actions was the Long Island Pine Barrens Protection Act, a state law ensuring the preservation of the Pine Barrens as open space.

He sponsored some of the original laws in New York state related to solar power and other renewables. “In my first year in the state Legislature, I was successfully pushing for legislation that had paved the way for the electronic age,” he said.

Englebright added that the Climate Leadership and Community Protection Act was the most crucial legislation he ever sponsored. This ambitious law aims to reduce statewide greenhouse gas emissions by 85% from 1990 levels by 2050.

Englebright also successfully led a statewide ban on purse seining, a highly efficient fishing technique responsible for the depletion of menhaden, or bunker, in New York’s surrounding waters.

“The marine world all depends on having this abundant fish at the base of the food chain,” the assemblyman said. Purse seining allowed large-scale fishing operations to collect “whole schools of menhaden, millions and millions of fish.”

One of the fondest moments throughout his tenure happened just last summer. On a boat trip off the coast of Montauk Point during early morning hours, the sun rising off the horizon line, he witnessed entire schools of menhaden beneath the water.

“The sea was boiling with fish,” he said. “Menhaden, they were back by the billions.”

Reminiscent of his earliest years in libraries, historic preservation would be a significant point of emphasis for Englebright. “I’m very proud of the many properties that are preserved, the historic sites.” Such sites either preserved or to be preserved include Patriots Rock and Roe Tavern in Setauket and William Tooker House in Port Jefferson, among many others.

Even in his final days in office, Englebright made historic breakthroughs. Though his reelection bid was unsuccessful, Englebright rejoiced in yet another major victory for environmental sustainability. Last month, New Yorkers overwhelmingly approved a recent $4.2 billion environmental bond act, a multiyear investment in clean water, air, wildlife and the environment.

Reflections from his community

During his extended time in political service, Englebright has worked alongside countless public representatives at all levels of government. He maintained “they’re not all scoundrels,” adding that many were “superb public servants.”

In a series of written statements and phone interviews, several public representatives and close Englebright associates and friends had an opportunity to weigh in on his legacy of service and commitment to his community. 

Englebright “proved himself to be an environmental pioneer, a champion for the causes and concerns of his constituents and an unflinching fighter for the communities he served,” Hahn said. “For those of us who served in elected office with him during his tenure, irrespective of political persuasion or level of government, Steve proved himself to be a friend and mentor who embodied the role of effective leadership in the lives of those we represent.”

 As recently as Dec. 6, the Three Village Community Trust honored the assemblyman by renaming the Greenway trail as The Steve Englebright Setauket to Port Jefferson Station Greenway.

Port Jefferson Mayor Margot Garant commented on the characteristics that set Englebright apart from other politicians. She said his scientific background and wide-ranging interests added depth to his political persona.

 “He’s a unique legislator in that he’s so well rounded in those other areas and that he’s not just focused on the hard line of the law,” she said. “He’s involved with his community, he’s approachable, he’s caring, he’s kind. He’s a very unique representative, and we’re going to miss him sorely.”

 Like Englebright, Port Jefferson village trustee Rebecca Kassay worked in environmental advocacy before entering government. She discussed Englebright’s ongoing extended producer responsibility legislation, which would require producers of packaging materials, rather than taxpayers, to be responsible for managing post-consumer packaging material waste.

 “This can be a step toward addressing a multitude of waste management, environmental and financial issues facing municipalities and individuals,” Kassay said. “I hope to see the assemblyman’s colleagues and successor continue advocating for policies with long-term solutions,” adding, “Englebright is the type of commonsense representative we’d like to see more of in government.”

 In a joint statement, George Hoffman and Laurie Vetere of the Setauket Harbor Task Force reflected upon Englebright’s importance to local harbors.

 “In his time as our state representative, Steve Englebright never forgot the importance of the harbor,” they said. “Assemblyman Englebright found ways to secure needed dollars from Albany to help the task force in its mission of protecting water quality and the sustainability of Setauket and Port Jefferson harbors.” 

Joan Nickeson, community liaison of the Port Jefferson Station/Terryville Chamber of Commerce, credited Englebright for the continued flourishment of her area. She said the hotel/motel tax he sponsored had enabled the chamber to conduct its annual summer concert series at the Train Car Park.

 “Assemblyman Englebright has continued to be a friend of the chamber by supporting our local businesses and attending our ribbon-cutting ceremonies,” she said.

 Within those 40 years, countless other acts and initiatives have come to fruition with Englebright’s assistance. Reflecting on his time in public service, he outlined his political doctrine.

 “The proper role of government is to protect the people who sent you,” he said. “If you keep your eye on the prize, you can achieve things for the people who invested their trust in you.” 

 On the role of the public representative, he added, “Use the office as a bully pulpit, speak truth to power, identify things that are wrong and right them, and treat the office as an opportunity to do good.”

 For wielding his office as a force of good for four decades, TBR News Media dedicates Steve Englebright as honorary 2022 Person of the Year.

After 50 years of trials and tribulations, the Commack School District is forging ahead with a plan to use the Marion Carll Farm on Commack Road for educational purposes, but some activists are not happy with the decision. 

Since July, the district has been renting its barns to Long Island University. The site is expected to become the region’s first veterinarian school of medicine by September 2020.

“We expect animals to be on the site by February,” said Superintendent Donald James.

But, Cynthia Clark, a concerned citizen, who formed the Marion Carll Preserve Inc. said she has asked the New York State Attorney General’s Charities Bureau to intervene. Her goal, she said, is to acquire, restore and sustainably run the site in perpetuity according to benefactor Marion Carll’s wishes. 

“For 50 years, the district has squandered this gift,” Clark said. “It’s a crime! A cultural and ethical crime.” 

Clark said that she has commitments with Harbor Harvest to buy organic produce grown on the 9-acre site and can secure grants to restore all buildings. But the district unanimously chose the LIU proposal over her application earlier this year. 

LIU’s proposal, according to an LIU spokesperson, met both the wishes of Marion Carll’s Last Will and Testament along with the Commack School District’s standards for financial viability. The district stated the plan will include providing valuable educational programs to the children of the district. James said that the district expects to implement a shadowing program that will provide an opportunity for students to look at career options that they might not otherwise consider. Animals on the premises will include cows, goats and chickens. The district also expects to offer lessons on beekeeping to the students. 

The site is listed on the National Register of Historic Places and has not been adequately maintained.  Carll’s will, granting the property to the district, stipulates maintaining the buildings as historical museums for educational purposes. Clark sounded the alarm this past summer, she said, when the property was being cleared without appropriate permits and as work commenced to replace the barn’s roof. The state Department of Education has since issued a stop work order.

The home on the Marion Carll Farm in its current condition.

In an interview on the Marion Carll Farm, James said that he expects to have all needed permits before the year’s end. LIU’s rent of $15,000, he said, will fund the stabilization of the house and barn and be used to properly catalog and preserve the contents of the building. After that, the district said it will remove the antiques within the farmhouse while restoration occurs.  

The house is not part of the lease with LIU, but the district is counting on the rental income to finance repairs. LIU, James said, has already spent $700,000 repairing the historical red barn and replacing its roof and clearing dead trees and overgrowth. The university will also cover expenses related to installing historically correct fencing, complete repairs to the barn and other buildings and lend labor to restore the historic home. Over the next 10 years, LIU is committed to spend $175,000, James said, and the district is committed to spend $350,000, which is the savings associated with LIU maintaining the entire property. 

Clark, who is a preservation specialist for leather clothing and furniture, estimates that the restoration project will cost $2.5 million plus another $1.5 million to restore the furnishings in the house. The preserve, she said, applied for nonprofit 501(c)(3) status last year, but the application is still pending. She said that she’s already spent thousands of her own money on the project, but expects to be able to secure the funds she needs through grants and said in a telephone interview that she is aligned with a successful grant writer with a “100 percent track record.” She could not provide the name. 

Clark’s plan was one of several options that the district considered earlier this year. The district ultimately chose the Long Island University lease, largely because of its long-term economic viability.  

Long Island University’s College of Veterinary Medicine spokesperson Mary  Studdert stated in an email that it has received a Letter of Reasonable Assurance from the American Veterinary Medical Association’s Council on Education (AVMA-COE) enabling LIU to immediately begin accepting applications for the fall 2020 semester. At full enrollment, the veterinary school will serve 400 students, with 100 in each graduating class and will be the first College of Veterinary Medicine in the New York Metropolitan area.

The conflict with Clark arises just years after the district was sued by the Carll heirs to revert ownership back to the Carll heirs because of the district’s failure to fulfill the will’s obligations. The district ultimately won the 2012 case in summary judgment on statute of limitation grounds, stating that the heirs were 12 years too late. Restrictions on the district’s obligations were lifted to clear title, according to board member Jarret Behar. James said that the district could now legally sell the site, if it wanted to, but said the board is committed to its preservation and use as a historical museum with educational purposes. 

The house, according to the district, is structurally sound, but part of the building is still taking on rain. The main structure is covered with a rubber membrane to control leaks, but James said in an email that more leaks formed in different places and need to be fixed. The stop work order, he said, is now yet another hurdle that interferes with the district’s efforts to properly maintain the site.

One of many structures on the 9-acre Marion Carll Farm.

Clark said that she can reveal no details about her conversations with the attorney general’s office but said that she is hopeful. 

The Carll family was one of Huntington’s earliest settlers and Marion Carll was Commack’s first teacher. She died in 1968 and willed the site to the district. The site was occupied by a Carll family member until 1993, as stipulated in the will. The district leased part of the site to BOCES from 1990 to 2000 and sought to sell the farm to developers for $750,000 in 2010, but the public referendum failed. 

Over the years, different school boards have had different ideas on how to use the property. James, who grew up on a farm in Pennsylvania, said that the board is committed to doing what’s best for the district.