Landmark Status For Wantagh Home Sparks Lawsuit

WANTAGH, NY — Developers that planned to raze a recently land marked Wantagh home to make way for two new ones have filed a federal lawsuit against the Town of Hempstead to overturn the ruling in a bid to move their project along.

The 96-year-old Colonial Revival-style home, which is located at 3171 Elm Place at the corner of Jones Avenue, was preserved Feb. 2, blocking developers South Nassau Building Corp from razing it to make way for the two homes.

The company’s suit challenges the town’s decision on the grounds that it violates the builders’ constitutional rights because the property has been taken for public use without just compensation. The town’s decision was based on a “vague” ordinance established by its Landmarks Preservation Commission, states lawsuit which was filled Feb. 9.

The ordinance allows “the landmarks commission and the Town Board to designate sites as Historical Landmarks based upon political motivations and popularity contests, rather than upon genuine determinations of architectural value and historic importance,” the lawsuit states.

The suit goes on to site Newsday stories in which the Nassau County Planning Commission determined the home was not eligible to be included on the New York State Register of Historic Places, and subsequently approved subdivision plans. It also challenges an application made to the landmarks commission by siting comments from an architect, who was hired by the builders and determined the home did not have an architectural value to preserve.

The home was built by H.T. Jeffrey Jr. for lumberyard family owners the Van Tuyl family, which had members of the armed services who fought in World War I and II, Newsday reported.
The 3,337-square-foot home, which was sold for $999,000 in 2020 and is now estimated worth $971,000, features 3.5 bathrooms and is located on a .46-acre property, according to realtor.com.

South Nassau Building Corporation’s attorney, Christian Browne of Uniondale, was unavailable for comment by deadline.

Town officials declined to comment citing the pending litigation.

Following the vote to landmark the home, Supervisor Donald Clavin and other town officials spoke of how the town is "committed to preserving the quality-of-life and character" of its communities and called the home “beloved by so many in the Wantagh community.”

Councilman Christopher Carini said the home’s historic status, which followed the Landmarks Preservation Commission’s recommendations, was met with overwhelming support from the public.”

Carini, a former civic leader of the area, said he has always supported preservation efforts "seeking to maintain the historic landscape" of Wantagh's "suburban community." Carini credited his neighbors for their advocacy leading up to the achievement, adding, "it was an honor to join them in helping preserve a piece of Wantagh's history."

Clavin said the home would remain an important piece of history within the Wantagh community for years to come because it has been designated a landmark. "I thank the Wantagh neighbors involved in this process for their dedication to preserving the historical character of their community," he stated.