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Mixed Armonk Opinions on CVS Lease Issue

ARMONK, N.Y. – Town officials and board members have mixed opinions of the Concerned Citizens of Armonk’s appeal of the building permit the town issued to CVS in November. The appeal will be heard by the zoning board of appeals on Thursday at 8 p.m. at the Hergenhan Recreation Center.

The Concerned Citizens of Armonk claim the permit was issued in violation of the town’s zoning laws because the town neglected to issue a change of use permit, didn’t require a site plan approval and didn’t allow the Architectural Review Board to approve site design changes.

The Concerned Citizens believe the town board and the planning board should have reviewed the CVS project.

Director of Planning Adam Kaufman said, “They came in to get the building permit and the town felt they met the requirements for the permit so there was no planning board action and the zoning board hasn’t acted yet.”

Rebecca Kittredge, a town board member whose term ended at the end of 2011 said that it was a change of use from a supermarket to a drug store and the change of use requires a hearing, which was not done.

“There should have been something before the board before the building permit was issued. There should also be a review of signage by the ARB,” Kittredge said.

Current board member John Cronin said that the building inspector acted accordingly.

“A special use permit wasn’t required because he didn’t see a change in use, it was retail to retail. The board was relying on town professionals and that’s the advice they gave us,” Cronin said.

Board member Diane Roth said the Concerned Citizens of Armonk “are fishing for reasons for the CVS not to open. They should have spoken up when we were trying to get the supermarket to stay.”

Cronin added that if it is determined that there’s a change of use, the town board would have to hold a hearing before issuing a special use permit.

Another source said if the zoning board of appeals honors the Concerned Citizens appeal, the building permit could be voided. The impact on the CVS lease, which was signed in November when the building lease was issued, is unclear.

Gerald Reilly, a White Plains lawyer representing the zoning board of appeals, declined to comment.

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