History Lost: 361 Half Hollow Road

On June 6, 1989 the town board voted to add to 361 Half Hollow Road, the Carman-Gustivan-Regan House, to the list of locally landmarked and protected properties in Huntington as a result of its historical significance.  In 1996, they repealed this designation as a result of the home's demolition.  This is the story of the battle that ensued between those dates.

On November 22, 1988 the Huntington Historic Preservation Commission conducted a site visit of 361 Half Hollow Road and discovered that it still retained architectural features dating from the seventeenth, eighteenth and nineteenth centuries.  The report on the exterior describes the clapboards, small dormer windows above the wing, and decorative stoop cover at the front door, as indications that the house was enlarged and remodeled during the turn of the century.

An excerpt from the report on the site visit explains that "the structure's identification on maps of this period confirm the fact that it stood on the site at least as early as the 1830s."  The overall massing of the main, two- story block and side wing indicates this as well.  The interior report dates the house back even further. 

The report cites, "the exposed vertical posts of the main block, first story, and overhead joists and beams are tremendously large, chamfered oak elements…" In addition to this, the presence of two parallel summer beams, stretching from the chimney bay to the east end wall served as the evidence for dating the construction in the seventeenth century.  Structural elements throughout the house supported this assessment.

Few houses from that time period remain standing in Huntington, and this house was the only known example of twin summer beam construction on Long Island, and one of only a few in the Northeast.  Therefore it was unique and significant, not just to the Town of Huntington, but to the region as well.  Based on the age, architectural significance and uniqueness, the Huntington Historic Preservation Commission recommended the property for designation in January of 1989. 

It was noted in the report that "the house is located within a larger surviving farm property which has been recently subdivided for construction of single family dwellings… and it occupies one lot."  The report goes on to explain that due to several additions and renovations in the eighteenth and nineteenth centuries, "the resulting structure comprises some 3300 square feet of living space, including a large living room, den or study, a large dining room, kitchen with associated bathroom, pantries, and eating area, and several bedrooms and two bathrooms on the upper floor," making it completely livable. 

At the time of the recommendation for designation, the house was located in one of nine lots, on which a single-family dwelling was to be constructed, in a subdivision called Hillcrest Homes.  According to the town code, once a petition for designation of a house is sent to the town board for consideration, then no permits for construction, alteration and demolition can be granted.  The real estate construction and development company that owned the land was opposed to the designation of the Carman-Regan House.  And so at the town board meeting on March 14, 1989 in which a public hearing was held to discuss the possible designation, the battle began.

According to the March 23, 1989 Long-Islander the development company had an architect testify who "agreed that the beams did have historic value but stressed that those beams were the only item in the house with any historic value.  He described the structure as having been reconstructed numerous times over the years, therefore destroying the house's historical worth." 

A termite inspector, on behalf of the developers, also testified that there was "extensive wood damage by termites and wood rot."  The president of the development company offered to donate the beams to the Historic Preservation Commission.  He went to explain that "a couple has already signed the contract for the purchase of the property and to have a new home built on the site."  The Commission disagreed and cited examples of historic homes being refurbished and sold for a profit.  The real debate became whether or not the subdivision was granted based on the stipulation that the Carman-Regan House would remain.

The attorney for the developers argued that it was not, but when Councilwoman Sandra Triolo requested to see the subdivision maps filed with the planning department, the maps indicated that the house would remain.  To be exact, the map says "exist two-story frame (to remain)."  The opposing attorney argued that it did not state it would remain due specifically to its historic value.  The town board decided to reserve their decision until the subdivision maps could be further analyzed.

Two weeks later, the attorney for the development company sent a letter to the Town Board in which he stated that "no agreement of any kind was reached with the planning board or any of the municipal departments of the Town of Huntington providing for the continued maintenance of the existing dwelling…Indicated on the approved Subdivision Map is the notation that the subject building was to remain.  Such language was merely an announcement that the structure was not going to be demolished.  If the planning board had wanted this house to remain permanently on the property, it would have required… a restrictive covenant… Having failed to do so, my clients, as bona fide purchasers for value, had no way of knowing or anticipating what is now occurring." 

He goes on to state that by approving the designation, it constitutes a "taking" of the property without compensation, which violates the development company's constitutional rights. 

 In response to this, the Historic Preservation Commission sent a memo to the town board arguing in favor of designation.  First and foremost, the commission pointed out that according to the town code there are no limitations as to when a house can be nominated for designation.  Meaning that there is no restriction on recommending designation before, during or after the approval and filing of a subdivision map.  They go on to state that at no time was a demolition permit granted for the Carman-Regan House, and that, "the laws of the Town of Huntington forbid the demolition of any structure unless the town first issues a formal demolition permit…" 

The commission goes on to say that the words "dwelling to remain" on the legally filed subdivision map become part of all relied upon facts and information that was consciously represented."  If there was any possibility of demolishing the house then the words "to remain" should never have been used.  Furthermore, the commission argued that by accepting the vague language used on the subdivision map regarding the plans of the development company, they would leave the door open for all future development companies to use the same language when applying for subdivisions. 

The commission went on to discuss the historic significance of the people who lived in this house including Zadel Barnes Gustafson, a known author and suffragette, and Djuna Barnes, her granddaughter, a famous literary figure who lived there during her childhood.

On April 7, 1989 the planning board submitted and report to the town board in which they clearly state that "it was the planning board's intention and understanding that the Regan House would remain and continue to serve as a dwelling on the lot created for its subdivision."  The report goes on to cite statements at the May 7, 1986 public hearing regarding the subdivision in which assurances were made that only eight new dwellings were proposed, and that the Carman-Regan House on lot number nine would remain. 

Based on this information the planning board declared that when the subdivision was approved, it was done so based on the wording both on the map and by the development company's representatives that the house would remain. 

Finally on June 6, 1989 the matter came before the town board again.  The town board voted in favor of designating the Carman-Regan house historic landmark status.  And consequently, protect it from demolition.  The development company filed a petition challenging the town board's decision following the meeting. 

In a letter from the attorney for the development company dated October 20, 1989, an offer is made to move the house, at the developers expense, either to another location of the town's choosing or to a different location on the lot so it could be used as an accessory building and a new dwelling built.  These offers were refused, and the matter went all the way to the New York State Supreme Court. 

According to an October 27, 1991 New York Times article, "The court ruled that the Huntington Town Board had followed proper procedures in designating the Carma- Gustivan-Regan House… It also rejected a contention by the owner… that the town board's action constituted a taking of property."  The Historic Preservation Commission and the town board had successfully proved their case!

Or so it seemed… 

On Christmas Eve 1992, Newsday reported that "A house built in the 1700s at 361 Half Hollow Road in Dix Hills, was just a pile of rubble next to a bulldozer Tuesday.  The Carman-Gustivan-Regan House exists no more."  

The article goes on to explain that "the decision in the summer of 1991 by the state court did not mean that the house could never be demolished; what it meant, according to town officials at the time, was that no demolition permit could be issued until a town board hearing was held on the application." 

The demolition application was processed, and went routinely over to the Town Historian's office.  The then-Historian didn't notice and signed it.  No public hearing was held so technically the demolition was illegal, but because of the permit-signing mistake the application was approved.  

On February 21, 1996 the new owners of the Hillcrest Homes subdivision, who became the owners in lieu of foreclosure from the first development company, sent a letter to the Huntington Town Board asking that the designation on the now extinct Carman-Gustivan-Regan House be lifted. 

The Historic Preservation Commission voted a conditional approval of the lifting of landmark status on February 26, 1996.  The condition to be satisfied was that the owner of the property pay for and erect a historic marker to identify the site of the John Carman Farm.  The designation was repealed later that year.