Judge Dismisses Citizens’ Group Action to Block Armonk CVS
The Article 78 filed against the Town of North Castle for granting a special use permit to allow a CVS Pharmacy to move into downtown Armonk was dismissed last week.
State Supreme Court Justice Joan B. Lefkowitz ruled in favor of dismissing the action, initiated last August by the Concerned Citizens of Armonk, because of “a lack of standing.”
In her 10-page decision on April 4, Lefkowitz concluded that Concerned Citizens and the seven residents, merchants and property owners named as plaintiffs failed to demonstrate how they would be harmed as a result of their claims that town officials failed to comply with the state Environmental Quality Review Act (SEQRA) in issuing the special permit last summer.
The judge also dismissed Concerned Citizens’ argument that being in close proximity to the project would be harmful. The petitioners didn’t prove that the effects they might suffer from having a CVS at the Armonk Shopping Center on Main Street would be promoted or protected by town law, zoning or SEQRA.
Furthermore, the group also has no credible argument that permitting a chain store in a hamlet that is otherwise populated by independent business owners will contribute to the demise of the business district, Lefkowitz stated.
“…(P)etitioners have submitted no competent evidence to support their dire predictions,” Lefkowitz wrote. “And regardless of the credibility of the petitioners’ predictions, the root cause of these alleged impacts and the primary theme running through all of petitioners’ allegations and submissions is that the proposed CVS Pharmacy will have a competitive advantage over other retailers in the CB District who offer the same products and services. Economic concerns, such as fear of business competition, are neither within the zones of interest or not sufficient to confer standing under any of the statutes which petitioners invoke.”
In the Article 78, Concerned Citizens charged that the town board majority that approved the permit in a split vote last July neglected to consider the impacts that a national retailer would have on the community by failing to weigh comments and concerns raised at a public hearing; that a negative declaration from the planning board violated SEQRA because it didn’t take into account issues of visual impact and community character; and that the town board member who cast the deciding vote had a potential conflict of interest.
Councilwoman Diane DiDonato-Roth was one of three town board members that helped approve the permit, but Concerned Citizens charged that she had a conflict of interest because of a prior real estate dealing with Werber Management, owner of Armonk Shopping Center.
Alfred DelBello, the lawyer representing Werber Management, said he was pleased that the judge’s conclusion was decisive.
“It’s certainly favorable that the judge dismissed the petition based on the fact that the petition had no standing,” he said.
DelBello said he was unaware of CVS’ plans to move forward. The company could choose to start work at the site since there is nothing restricting CVS from doing so or it could wait to see if Concerned Citizens chooses to file an appeal. The group has 30 days to appeal the decision.
A CVS spokeswoman, Danielle Marcus, stated in an email response that the corporation would have no comment pending a potential appeal.
Calls placed to Concerned Citizens attorney Jeffrey Baker and their spokesman Greg Lane were not returned on Monday.
North Castle Supervisor Howard Arden said he was happy that the town will be getting a key 20,000-square-foot space filled and have improvements made to the property that will also help the other merchants at the shopping center. The space has been vacant since A&P moved out in February 2012 after more than 40 years at the location
Last year he called the Article 78 “frivolous” and looked forward to having CVS come in and the new Armonk Square project down the street completed in the coming months.
The uproar over the CVS started in April 2011 when the town learned that Werber Management would not be renewing A&P’s lease after several attempts to improve the property were rejected by the town amid public pressure.
Under the current plans, there will be a 2,500-square-foot retail store along with the CVS.
Martin has more than 30 years experience covering local news in Westchester and Putnam counties, including a frequent focus on zoning and planning issues. He has been editor-in-chief of The Examiner since its inception in 2007. Read more from Martin’s editor-author bio here. Read Martin’s archived work here: https://www.theexaminernews.com/author/martin-wilbur2007/
