Marion Carll Farm - Commack's History or Is It History?

By Chad Kushins

Part II

Part I  Marion Carll Farm - Commack’s History Or Is It History?

In the end, the CCA’s legal action proved not to be necessary. The school district responded to the impending lawsuit amid an outpouring of continued criticism.  One Commack resident, attorney James Tampellini, wrote Inside the Marion Carll Housean online article outlining recommendations to the school district, suggesting specific legal avenues that the district could take to counter the Carll heirs’ case.  According to Tampellini, two options include the “statute of limitations” law, which would prove that the heirs lost their claim to the property under the 10-year statue period dictated by Real Property Actions and Proceedings Law; and “adverse possession” laws, which would aim to prove that the Carll heirs already own the property due to the district’s previous breach of the deed’s restrictions in 1990 when it utilized the land for BOCES.  While the latter option proves the riskiest on paper, forcing the district to indicate its own breach of the will’s stipulations, if it was proven that Marion Carll’s heirs were the owners all along, it would be within the district’s legal right to point out the heirs had done nothing with the land themselves.

“In my view, there are a few avenues that [the school district] should take and also a few that they should have already taken,” Tampellini told Smithtown Matters.  “I don’t believe that the district has submitted an answer that is sufficient.  I think that they could have submitted an answer that could have raised additional defenses and potential counter-claims …  it’s deficient and there are some other things that should have been in [the district’s response].”

Tampellini continued, “Specifically, the ‘statute of limitations defense’ was never researched or submitted before, which I find odd.”

With the small exception of BOCE’s brief usage of the property – which included construction of a one-room schoolhouse and the renovation of a few of the property’s barns – the heirs’ accusations are not far off.  Although the school district had tried to find a workable use for the farm over the course of four decades, in recent years, the farm itself is most often seen as a shuttered eyesore that, despite its recognition as a historical property by the National Register of Historic Places in 1979, is largely closed to the public.  In 1977, the district attempted to put funding aside for a renovation of the barn, which met with resident criticism, and in June of 2010, residents voted against the school district’s attempt to sell the property to Plainview developer Holiday Organization for $750,000.  Holiday owner, Elliot Monter, had expressed interest in turning the farmhouse into a private residence and constructing an additional 30 homes on the land.  As the owner of The Hamlet Golf and Country Club and an adjacent gated community which directly surrounds Carll’s farm, Monet’s plan would have integrated the historic property right into the already-standing private community and golf club. 

According to Carll’s heirs, that’s not what she had in mind when she wrote her will – although if the case ultimately rules in their favor, they would be free to sell the land themselves without resident approval.  According to James Tampellini, the possibility of Carll’s heirs winning their suit to reclaim the Commack property has one major potential outcome which could ultimately ruffle even more town feathers: re-instated as the private owners of the land, Carll’s heirs could find themselves in a legal position to sell the property to anyone they want and keep the full profits; in effect, the same feared outcome that residents feared in 2010, only now without the financial benefits to the taxpayers and the school district.

“They would get [the property] free and clear with no restrictions,” said Tampellini.  “The school district would need approval to sell the property.  The heirs wouldn’t.  The only restriction that they might potentially face, would be regarding the farm’s historic designation, but the family would most likely be able to work around that or still sell certain portions.”

The Carll family owned the nine acres on the west side of Commack Road since 1701 the farmhouse was constructed in 1860, following earlier construction of some of the surrounding barns. From 1929 until 1951, a small airport built by descendent John Carll was operational on the site, housing half a dozen airplanes used for private use.  When Marion Carll was born in 1885, the local school district had no high school of its own, forcing her to attend one located in Jamaica, Queens; a lifelong advocate of education, Marion eventually became a teacher herself, returning to Commack for the duration of her career until her retirement in 1924.  But even then, Marion Carll remained an active advocate and resident, working as a treasurer for the Commack Grammar School and organizing the town’s first Parent-Teacher Association.  In recognition of her achievements and efforts, that school was renamed the Marion E. Carll School in 1957, eleven years before her death at age of 83.

Most residents were not surprised to learn that she had willed her family’s farmland to the Commack School District; she had already been welcoming visiting students to the property for years, teaching them about local history and the many functions of the farm.  As a stipulation of her will, she had also granted her niece, Alberta Jenkins, life tenancy on the property, but when Jenkins passed away in 1993, the door was opened to reassess the land’s overall value and its future. 

Carll’s only other stipulation had been that the property and farm be used for educational purposes.  However, with lack of regular usage of a master plan in place, the school district has admitted that many buildings on the property are in disrepair, primarily due to budget restraints.  With this in mind, the district is claiming that they have not only maintained the property to the best of its ability, but that it has also carried out Carll’s wishes through utilization has it has seen fit – meaning that the will’s clause reverting the property to the heirs is non-applicable.  Additionally, the Commack School District also claims that New York State Supreme Court has the power to remove the restrictive uses imposed on the land by Carll’s will, and that, as more than two years have passed, the clause in question has since expired.

The Commack School District is currently seeking to both have Carll’s heirs’ lawsuit dismissed and the usage restriction removed, claiming that a judge should have the final word on the matter. It is expected that the case will be largely discussed at upcoming school district meetings and civics meetings throughout the summer.  With the Commack School District’s 24-page “response” to the Carll heirs’ suit submitted, a preliminary response from the State is expected in Mid-July.

Next Week - The Community reacts.

Strawberry Fields Kicks Off "Dennis Cannataro Family Summer Concert Series"

photo by C. Biancaniello

By Chris Biancaniello

Tonight marked the first performance of Smithtown’s 8th annual “Dennis Cannataro Family Summer Concert Series” run by The Friends of the Smithtown Library. This year the concerts are being held on the front lawn of the Smithtown Library, on the corner of 25 and North Country Road.  They are free to everyone and from the size of the audience it looked like everyone showed up.  Tonight’s headlining performance was “Strawberry Fields” a Strawberry Fields - photo by C. BiancanielloBeatles cover band dressed in the same iconic suits that The Beatles wore in their performances. Their resemblance to George, Ringo, Paul, and John is uncanny.  The music attracted a good number of dancers in front of the stage, much to the dismay of their sons and daughters left red-faced in the crowd.  The weather was warm the audience came prepared with chairs and blankets to sit on.  Everyone seemed to be singing, humming, smiling and having a good time.

This is the first of eight scheduled performances in the concert series, next week Rick Larrimore will be performing in tribute to Rod Stewart. The concert series provides a great atmosphere to enjoy with family members of any age, and is sure to bring smiles to the faces of adults and children alike.

For the schedule of this concert series and other events check out the Events page. 

Nesconset Neighborhood Says "NO" To Sonic

by Joe Flynn

On Tuesday, June 26^th, the Smithtown Board of Zoning Appeals held a public hearing in response to increasing opposition to the Sonic Drive-In restaurant proposed for Route 25 in Nesconset, opposite the Smith Haven Mall. The restaurant, which has locations across America, currently has only one branch on Long Island, on Deer Park Avenue in North Babylon. Remembering the notoriously heavy traffic following the opening of the restaurant last year, the neighbors in Nesconset are determined not to let that happen to their development.

Initial traffic is only a short-term concern, however. The location of the proposed restaurant is a highly controversial one directly between a major business district and a residential community. The property is currently wooded, serving as a buffer between residents and the noise of traffic. Nearby, where the Sonic restaurant is intended to go, the restaurant Ragazzi already causes some discomfort to neighbors, including a smell of cooking garlic that blows into people’s houses.

What makes Sonic unlike other fast-food places on Long Island is its drive-in system, customers park in a row parking at Sonic in North Babylonof car stalls and place their orders through a speaker system. The food is brought by carhops on roller skates, and a sound system entertains the diners with music. Compared to any other fast-food restaurant, this setup is far noisier and exposed to the properties around it.

“It’s really outdoor dining,” says neighbor Nora Dettling, whose property is directly adjacent to the proposed site. She lists many of the complaints presented at the hearing, including noise, increased traffic, and the dirty air and smell of car exhaust and food. On top of all this, the outdoor situation encourages strangers to wander onto her property and teenagers to spend time there late at night. Safety, convenience, and comfort are all at stake for those who live nearby.

Nora’s husband John Dettling had additional problems with the proposal. He says that the Zoning Board seemed sympathetic to residents, even though he was not personally allowed to speak before the BZA, as he was considered to be represented by the Country Pointe Development’s attorney. But he says the traffic plans, announced at the meeting, confirmed his worst fears. In addition to spill-through on Alexander Avenue, there is a proposed lane to allow cars to idle while waiting for a stall. “A McDonald’s would be a thousand times better, because it’s all contained inside. This business model would leave us living next to the Lincoln Tunnel.”

The Zoning Board is designed, like any court system, to make its decisions based on zoning and planning regulations rather than on popularity. The proberty zoned for business, would require a long list of variances before it comes to fruition. A significant part of the dispute lies under the restaurant’s classification; the town prohibits a curb-service restaurant on that property, but Sonic is applying as a counter-service restaurant with curb-service facilities, since it does include a handful of tables for indoor dining. To the neighbors, this definition makes all the difference, and they are willing to fight to make sure this neighbor does not move in.

Marion Carll Farm - Commack's History Or Is It History?

By Chad Kushins and P. Biancaniello

Bldg. on Marion Carll FarmMarion Carll Farm is in the news again for all the wrong reasons.  There is a tug-of-war going on between the Commack School District, Marion Carll’s heirs,  Commack Community Association (CCA) and Friends of Marion Carll Community Farm (FMCCF). 

Currently the Marion Carll Farm belongs to the Commack UFSD. The heirs of Marion Carll have filed a lawsuit accusing the district of violating the terms of Marion Carll’s bequeath and would like to see the property revert to them.  The CCA and FMCCF have been working to preserve the estate. The two organizations were championing the reuse of the property for an equestrian center and educational facility for the Association For Help of Retarded Children (AHRC). The district was finalizing negotiations with the AHRC before notification of the lawsuit was received.

The CCA and FMCCF fought an attempt (2010) by the district to sell the property to the Holiday Organization of Westbury, developers of The Hamlet in Commack. A referendum on the proposal to sell the property for $750,000 was held June 24, 2010  the proposition was defeated.  

In March of this year seventeen of Marion Carll’s heirs took legal action against the Commack School District and New York State.

In response to the lawsuit brought about by the heirs of  Marion Carll, the Commack School District filed a 24-page memorandum stating the district’s position on its ownership of the 9-acre plot of farm land where Carll once lived. 

The District’s response was announced at the June 14^th Board of Education meeting by Superintendent of Schools Donald James, who, reading from a prepared statement, claimed that the district’s actions are both to end the land dispute brought on by family members of Carll, and also to remove certain restrictions in the late woman’s will which dictate the land’s future usage.

“[The property] was conveyed to the Commack Union Free School District in 1969 from the Estate of Marion Carll,” said James, reading the district’s statement.   “The deed was subject to the life estate of Alberta Ketcham Jenkins, Marion Carll’s niece, who resided in the house until her death in 1993 … The deed also contains several conditions restricting the use of the Property for historical and educational purposes.

 “If any of these conditions are violated,” James concluded, “title to the property reverts to Marion Carll’s heirs.” The district’s legal response was not available to the public at the meeting.  After some discussion the BOE agreed to have the document posted on the district’s website.   

The ongoing dispute became publicly heated in March of this year when Marion Carll’s heirs filed a lawsuit in Suffolk County Supreme Court, claiming that the district had largely underutilized the property since being handed the deed in 1969, thus making the school district susceptible to accusations of mismanagement – a direct violation of the will’s stipulation that could give the acreage right back to Carll’s family, represented by Huntington attorney Arthur Goldstein.

Initially, the Commack School District formally announced that they would not comment on the matter, nor respond to the Carll heirs’ lawsuit at all, prompting an outpouring of criticism from residents and civic leaders alike.  The lack of action also prompted a strongly worded letter from Commack Civic Association President Bruce Ettenberg who, representing the association, threatened the district with legal action against the board and its members if the matter wasn’t taken seriously.  “If the District is not willing to meet and discuss the matter with us then we are prepared to take legal action against both the District and personally against each trustee and the Superintendent,” Ettenberg stated in his May 31^st letter.  “We hope such will not be necessary.”

Part II Thursday

Tim Bishop Cosponsor Of Resolution Recognizing Leadership Conference Of Women Religious

Proposed Congressional resolution gives ‘deepest appreciation’ for LCWR

Reprint - National Catholic Reporter (NCR)

In what seems to be the highest-profile response yet to the Vatican’s sharp rebuke of the group representing the majority of U.S. women religious, sixty-two members of the U.S. House of Representatives have cosponsored a resolution expressing the “deepest appreciation” for the sisters’ work.

Citing the Leadership Conference of Women Religious (LCWR) — the group which was the subject of the April rebuke from the Vatican — by name, the sponsors of the resolution acknowledge the work of sisters in the U.S. in the fields of education, healthcare, and social justice ministry.

That work, reads the resolution, helps “make our nation stronger” and the sisters “deserve our deepest appreciation.”

The measure, officially titled “Honoring Catholic sisters for their contributions to the United States,” was introduced June 18 by Democratic Congresswoman Rosa DeLauro, a Catholic who represents Connecticut’s third district and is a member of the non-profit organization Catholic Democrats.

Among the reasons given in the resolution for Congress to support the sisters are that they:

• •   “were instrumental in building the Catholic Church in the United States;”
• •   “helped establish the nation’s largest private school system, educating millions of young              Americans;” and,
• •  have answered Vatican II’s call to seek ‘justice in the world’” and “continue this vital mission today: teaching our children in schools, healing the sick in hospitals, feeding the hungry, sheltering the homeless, administering major institutions, encouraging corporate responsibility, and advocating for public policies that honor human dignity.”            

The resolution also mentions the fact that, by the writers’ count, “since 1980, 9 American sisters have been martyred while working for social justice and human rights overseas.”

In an April 18 order to the LCWR, the Vatican’s Congregation for the Doctrine of the Faith ordered that the group revise its statues and programs and place itself under the authority of three bishops.

Statements from LCWR and Vatican officials since have seemed to indicate the two groups are at a standstill of sorts regarding the order. In a June 12 interview with NCR following a meeting in Rome on the matter, the head of the Vatican congregation, Cardinal William Levada, warned of a possible “dialogue of the deaf” between the group.

Days later, LCWR’s president, Franciscan Sr. Pat Farrell, told NCR June 18 she’s “not sure” of the best way for her group to continue its conversations with Vatican officials as they both “need to get beneath the polarizations out of which we’re speaking to one another.”

Members of LCWR are expected to address the matter more deeply in their upcoming annual assembly, to be held in St. Louis in August.

Among the cosponsors of the Congressional resolution are a number of prominent Catholic representatives, including Marcy Kaptur of Ohio, Jackie Speier of California, Jim McGovern of Massachusetts, and Tim Bishop of New York.