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Lawsuit Against Armonk Square Received by Town

ARMONK, N.Y. - A lawsuit filed against Armonk Square, the retail park on Main St. that is planned to feature DeCicco Marketplace, a supermarket that will replace the local A&P, was received by Anne Curran, the North Castle town clerk on Wednesday.

A copy of the lawsuit was made available to TheDailyArmonk.com.

The lawsuit was filed with the Supreme Court of the State of New York in Westchester County, with a return date tentatively set for December 9 when the town of North Castle must provide certified records to Susan Cacase, the judge who was assigned to the case.

The lawsuit was filed on behalf of a single petitioner, 37 Maple Ave. LLC, a company that is owned by Michael Fareri. He was unavailable for comment Friday, pending a family emergency.

Harris Beach PLCC, a White Plains law firm, is representing 37 Maple Ave. Kristen Wilson, an attorney for the firm, said the suit is based on environmental concerns. "It all dovetails with the New York State Environmental Quality Review Act," she said.

"In their haste to rush the development of a supermarket to replace one that was closing in the downtown, North Castle political leaders improperly 'fast tracked' the environmental review mandated by the NYSEQRA," the lawsuit states. "In doing so, the Town Board, Town Planning Board and Town Landmarks Committee ignored the requirement that they take a 'hard look' at the potential adverse environmental impacts that such a project would have on the community."

Wilson said the environmental impact of the project includes everything from ground water contamination to traffic, parking, noise and odor impacts on the petitioner's property, which is directly contiguous to the proposed project.

The lawsuit seeks to reverse an August 13, 2011 declaration issued by the North Castle Town Board to develop a 51,000 square foot retail and residential space on Main St. that includes a 25,000 square foot supermarket.

Wilson said the case will most likely be decided by the judge without live testimony. "It's a 78 proceeding against a municipal board challenging an action they've taken," she said. "The judge typically decides the matter on the papers and doesn't call in the parties. Once the December 9 return date comes the judge will make her ruling. It could be anywhere from one to three or four months before she issues a decision."

Curran said town officials haven't reviewed the lawsuit yet, so there were no comments.

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