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Concerned Citizens Of Armonk File Appeal Notice On CVS

The North Castle Town Board approved a special-use permit for the CVS to use the old A&P in Armonk as its retail space in July 2012.
The North Castle Town Board approved a special-use permit for the CVS to use the old A&P in Armonk as its retail space in July 2012. Photo Credit: Robert Michelin

ARMONK, N.Y. – The Concerned Citizens of Armonk (CCA) group has taken another step to try to block the progress of the Armonk CVS.

Last August, the group filed a lawsuit against the Town of North Castle claiming the CVS would be detrimental to the town. A State Supreme Court judge dismissed that suit on April 4. The group filed an appeal on May 1.

The Concerned Citizens of Armonk includes local merchants Charlene Jacobi, co-owner of Armonk's Town Center Pharmacy; Judy Gilmartin-Willsey, owner of Framings Even Design; Angela Himmelstein and Elida Renna, owners of The Right Thing; and Dennis Buonocore, owner Armonk Hardware Store, in addition to two other members of CCA are residents Amy Yallof and Marion Kelly, has been fighting the CVS development since last August.

The group sued the Town of North Castle after the Town Board approved a special permit for the 17,389-square-foot CVS, along with 2,497 square feet of retail at the space of 450 Main Street last July. The location was formerly occupied by an A&P supermarket.

That lawsuit was deemed unsuccessful in the 10-page dismissal from State Supreme Court Justice Joan B. Lefkowitz, which concluded that the Concerned Citizens, along with several residents, merchants and property owners fell short in explaining how CVS’s presence would be detrimental to any of their efforts.

“The ruling totally disqualified the petitioners,” said Alfred Delbello, the lawyer representing the 450 Main Street property owners, Werber Management.

Delbello said in April he did not yet know the details of CVS’ plans going forward and indicated they would wait to see if the CCA would file an appeal.

North Castle Town Supervisor Howard Arden was pleased about the judge’s April dismissal.

“This was a frivolous lawsuit that cost the town $25,000 through tax revenue,” he said.

Council member Diane DiDonato-Roth had a similar response to the news.

“The Concerned Citizens are not really concerned about the citizens of North Castle,” she said. “This Frivolous lawsuit cost the residents tens of thousands of dollars.”

Since the special permit was approved in July 2012 with a 3-2 Town Board Vote, with Councilmen Michael Schiliro and Stephen D’Angelo voting no, CVS’ arrival has been one of several polarizing topics among North Castle residents.

“I think it’s disgusting,” said Armonk resident and owner of Framings on Main Street Judy Willsey in July 2012. “Large corporations undercut everything we sell and lure people in to the store with huge discounts.”

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