Historic Caleb Smith House Custody Battle

It Takes A Village
(Green)?
by James B. Teese

November 11, 2002

Controversy over the historic Caleb Smith House

Since 1953 when the historic structure was relocated to the Smithtown Village Green, the Caleb Smith House has been the headquarters of the Smithtown Historical Society and a centerpiece of the town's interest in historic preservation.

Now potential expansion plans by the newly independent library district threaten to upset the 99-year lease arrangements between the town and the Historical Society, according to Councilwoman Jane Conway. "The town should retain the Caleb Smith House and the property on which it sits," Conway insisted.

Supervisor Patrick Vecchio introduced the issue at the town board's public work session on Tuesday morning. He noted that discussions with the library included the library's demand for all the real estate surrounding the Main Branch in Smithtown, including the property on which the Caleb Smith house is located. He asked Conway to further explain her views.

"The mission of the library district, which the people created, is to make the library a fine, state- of-the-art library. This is a mission I fully support," said Conway. "The library trustees should not burden themselves with the obligations of owning property that cannot be used now or in the future for library purposes," she continued. "That is not in the best interests of the taxpayers I represent, which by and large are the members of the library district as well."

Supervisor Vecchio said the transfer of the property was not "a bone of contention" for him and he did not envision any problems if the library agreed to a covenant regarding the house. "It's unseemly to me," said Vecchio, "for two governmental entities to be fighting over pieces of property." Councilman Thomas McCarthy also saw no problems as long as there was a covenant for the House.

"Why do library trustees want the Caleb Smith piece if they have no plans to use the property to expand the library," asked a skeptical Conway.

"I think you have to have a certain amount of trust between government bodies," said Councilwoman Joanne Gray, who would be satisfied by a covenant. "It's the house that has to remain there."

"I would hate to see the Caleb Smith House moved," added Councilman Michael Fitzpatrick.

From Council to Counsel

Asked about the demands, library attorney John V.N. Klein said the ongoing discussions to transfer assets from the town to the library district were "supposed to be negotiations between the library district and the town."

"Nothing has been approved by either body," he noted. "The fact is that the legislation which created the special district clearly conveys all of the property of the library to the library district," he stated.

Klein was referring to the idea that the property on which the Main Branch sits belonged to the library prior to the town. It was the deeded to the town by the Smithtown Library Corporation in 1952. The same property was, however, deeded to the Library Corporation just four years earlier by the Smithtown Village Green Corporation. That corporation had been formed in 1923 for "charitable, educational and recreational purposes," more specifically associated with property which had been owned by descendants of the Blydenburgh and Smith families.

A plaque at the Main Branch, which sits on a boulder in the shade of a Shipmast Locust Tree planted in the mid-1800s by J. Lawrence Smith, testifies to the origins:

On this site stood the first house at the Branch — built by Joseph Blydenburgh who married — 1688 — Deborah — daughter of Jonathan — eldest son of Richard Smith — "Bull Rider" — patentee of Smithtown _ the property belonged continuously to his descendants until purchased 1923 for a village green.

"The town has offered different positions which I don't fully understand," said Klein. "I don't even fully understand the basis for it, although I'm not even sure it's a position of the town board or it's just Councilwoman Conway who has expressed an opinion," he continued.

"I have offered my support for the library's mission as a member of its Foundation Board," said Conway, " and I have offered to transfer all the assets and property associated with the library's mission."

"In fact, I offered even more," she said further. "I offered to include the parking which was obtained by the town to preserve the Caleb Smith House and developed as a municipal parking lot."

"I would also fully support transferring land at the Nesconset Armory which could be used for library purposes. In return, I am simply saying they should recognize the sense of our properly retaining the Village Green property surrounding the Caleb Smith House, and the house itself, of course."

"It is the responsibility of the Town of Smithtown, which the town accepted and has been fulfilling since the 1950s," added Conway. "And it is well within the abilities of the town to maintain the property for the Smithtown Historical Society, another important institution in town whose mission I support."

Klein refrained from extensive comment. "The entire scope of the negotiations has not been discussed by the entire library board and it would be inappropriate for me to comment on the details," he said. "It is fair to say that the trustees and the town board are anxious to have these open issues completed as soon as practicable."

Klein expected to discuss the current state of the negotiations with the entire library board before resuming negotiating sessions with the town. He further suggested that there was no reason the town and the library could not "agree or agree to disagree before the end of the year."

Descendant Dissent

Richard Smith, President of the Board of Trustees for the Smithtown Historical Society, noted that the trustees would be discussing this matter at their meeting next week, but added a sharp personal perspective. Smith is a direct descendant of "Bull Rider" Smith.

"This is a very special piece of property on what I see as the gateway to Smithtown, with the Caleb Smith House, the library, and the Presbyterian Church," explained Smith," and we ought to try to preserve them."

"I understand that the town is rightfully required to transfer real estate to the library for its needs, but at no point since about 1954 or 1955 when we [the Historical Society] received our lease has the library ever used, been involved in, or taken any active role in maintaining or managing the house and property," noted Smith.

"For the town to transfer in total the entire [Village Green] property, I could not be supportive," he declared.

"Eventually, the library will look to use the property for expansion, but the Society intends to stay there. It's the heart, the gateway to Smithtown," continued Smith.

"If she opposed transferring the total property, I would think Councilwoman Conway is absolutely correct."

Town Agreements

The town may be reneging on its own previously-made agreements with the Historical Society if it allows the library control of the Caleb Smith House and property.

A 1979 letter from the Town of Smithtown to attorneys for the Smithtown Historical Society — accepted and approved by Supervisor Vecchio's signature — noted that the town would "not attempt, in the future, to occupy or use any additional portions of the property in the immediate vicinity of the Caleb Smith House, other than the installation and construction of eighteen additional parking spaces being proposed at the present time."

Carol Hart, Executive Director of the Smithtown Historical Society, said that the society had not been "formally contacted by the library" regarding its desires for the property.

"I can’t imagine why the library would want to take on this responsibility," questioned Hart. "It seems to be outside their mission and focus," she continued.

Hart noted that the Caleb Smith House is specifically noted as a contributing factor to the historic district, which is on the National Register of Historic Places, and is part of the Village of the Branch Historic District as well. The Society, she added, has about 400 members and runs the 20-acre historic site containing some 13 historic structures. Hart has been director for about two years

"The town should retain the house and property," said Councilman Michael Fitzpatrick, after the town board meeting. "It's not necessary for library operations. [Keeping the house] is in keeping with wishes and intentions of people who created the Village Green.

"The fragile house may be incapable of being moved at this point and I don't believe the house should have to be moved," he added. "I'd hate to change that beautiful vista with the historic properties at that location."

The Smithtown High School Marching Band performed in the Veterans' Day Parade in St. James on Monday. For more Veterans' Day Photos click here.