Historic East Rock Drugstore Fights For Home

by Uma Ramiah & Melissa Bailey | Feb 7, 2011 5:50 pm

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Posted to: East Rock

Three months after losing its postal license, the Hall-Benedict Drug Company is now reeling from a second dose of bad news: An order from its landlord to leave the premises by Wednesday. The venerable corner drugstore lost its post office license in November after store owner Jack Appelbaum passed away. The Hall-Benedict Drug Company, which has stood at the corner of Linden and Orange streets since 1870, lost the license when Appelbaum died, and recently failed in an effort to have the license reinstated in the name of Appelbaum’s widow, Annette. Now the store is launching a new battle—to fight an eviction notice served by its landlord, Formichella Associates LLC. Employee Jeana Annunziata (pictured), who started working at Hall-Benedict five years ago this month, was working at the store Friday afternoon when a state marshal served the notice. “A woman came in today around 3:30 and just handed it to me,” she said. “She was really nice about it, actually. Apologetic.” The note had a sterner tone: It ordered the drugstore to vacate the premises by Feb. 9. In the eviction notice, the landlord contends that the lease gives the landlord the right to terminate the lease upon the death of Jack Appelbaum unless Appelbaum transferred his majority ownership interest to someone else. Formichella wrote that because Appelbaum didn’t do that, the landlord ordered the lease be terminated as of Feb. 3. Since Hall-Benedict did not leave the building by that date, the landlord filed for eviction. Click here to read the eviction notice. Reached by phone Friday, Annette Appelbaum said she would fight the eviction in court. “It’s all up to the lawyers now.” She took issue with a factual assertion in the eviction notice that contends that Jack Appelbaum never transferred his majority ownership to anyone else before his death. Annette Appelbaum said she does, in fact, hold majority ownership. “I have legal documents that were signed and filed to prove it.” The landlord, she said, tried to evict Hall-Benedict once in 2008. “History repeats itself,” she said. “They’re trying the same tactics.” Diane Williams, listed as a partner in Formichella Associates LLC, could not be reached for comment for this article. Phone messages were left with a household member Friday and Monday. The bad news comes on the heels of a rejection from the United States Postal Office (USPS), which had considered Appelbaum’s request to carry on the postal license in her name after her husband died. The store has served as a neighborhood post office for 100 years. After Jack Appelbaum bought the store in 1998, it operated as a “contractual postal unit,” or CPU, meaning he contracted with the USPS to serve as a postal outpost. The USPS provided the equipment and the counters and special walls for hanging envelopes; the drugstore provided the staff. In 2010, there were 3,720 CPUs around the country, according to New England regional postal service spokeswoman Maureen Marion. After Hall-Benedict lost the license, the USPS put it out to a public bid, Marion said. Bids were collected, with a postmark deadline of January 14, in the postal contracting headquarters in Denver. On Jan. 26, Marion reported in an email that Hall-Benedict had struck out. “No solicitation was accepted in this bid cycle,” she wrote. “We will explore our options but it is premature to say whether we will solicit in the immediate area again.” At least five to 10 customers per day at Hall-Benedict still ask about the post office, according to Chris Graham (pictured), a nine-year employee. The USPS already came by three weeks ago and removed the postal service register, he said. Staff got notice this week that the USPS would be by to remove the counters. Graham said he built the counters with his own hands, and installed the special slatted walls. He said he’s sad and frustrated to see all that work undone. The drugstore has put a petition asking its customers to urge the postal service to reinstate the license. Supporters are also weighing in on Facebook. “My patients, my clients, my customers, they want the post office back,” said Warren Solomon, the new managing pharmacist who replaced Jack Appelbaum. The drugstore buzzed with supportive customers Friday afternoon. Meanwhile, Appelbaum sounded both hopeful and defiant. “I plan to continue running Hall-Benedict for 170 more years, and serving the New Haven community, just as Jack would have wanted.”

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posted by: East Rockette on February 7, 2011 6:06pm What?? This is terrible! Have a heart, somebody.

posted by: Cedarhillresident on February 7, 2011 8:38pm Ditto on ER’s comment and if not let’s make sure this amazing young lady Jeana gets a job somewhere she is an amazing asset!

posted by: GirlWithTheTattoos on February 7, 2011 11:21pm Thank u CHR that’s very sweet of u. It’s sad this is happening to hall Benedict. Its been more than just my job this place is like my second home and jack and Annette are my second parents. I wanna thank everybody for all their support on behalf of all of us (Chris,Jessica,Vanessa,Warren,annette and Mary). If you haven’t stopped by to sign our petition come on in cause every signature will help us out.

posted by: SHARON TVESKOV on February 8, 2011 1:18am IT WOULD BE A TERRIBLE SHAME IF THIS PHARMACY WAS TO CLOSE. MY GRANDPARENTS USED THIS PHARMACY FROM THE 40’S TO THE 90’S AND I USED IT AFTER THEM IN THE SAME HOUSE. THERE ARE MANY ELDERLY THAT DO NOT DRIVE WHO DEPEND ON BEING ABLE TO USE THIS PHARMACY AND WHO APPRECIATE THE PERSONAL TOUCH. CHAINS ARE RUINING EVERYTHING THESE DAYS. WHAT A VENERABLE INSTITUTION. I HAD NO IDEA IT WAS THAT OLD. A FAVORITE TREAT OF MINE AND MY BROTHER’S WAS TO WALK THERE WITH GRANDMA AND WAIT TO SEE WHAT KIND OF CANDY BAR WE MIGHT BE ABLE TO GET. FIRST MY CHILDHOOD GROCERY STORE IN NORTHFORD, CUOMOS, BURNS DOWN AND NOW THIS. IS MY HIGH SCHOOL NEXT?! I’M NOT EVEN 50 YET!!

posted by: Orst on February 8, 2011 10:51am Hall-Benedict is on the National Register of Historic Places, see http://en.wikipedia.org/wiki/Hall-Benedict_Drug_Company_Building This pharmacy is part of what gives East Rock its character and charm, and makes the neighborhood feel like home, and not just a place to live. We don’t need it ripped out to put in another luxury condo. Powers that be, please do your best to keep Hall Benedict alive and bring back the postal counter!

posted by: resident of east rock on February 8, 2011 11:46am any information on the reason for the eviction notice? [Editor’s note: In the eviction notice, the landlord contends that the lease gives the landlord the right to terminate the lease upon the death of Jack Appelbaum unless Appelbaum transferred his majority ownership interest to someone else. Formichella wrote that Appelbaum didn’t do that, and the landlord ordered the lease be terminated as of Feb. 3. Just added a link to the document in the story.]

posted by: Pedro Soto on February 8, 2011 12:40pm After reading the eviction notice, it doesn’t look good. It specifically states that the lease transfer had to be consented by the landlord, so even if paperwork were filed, the landlord could simply say no and terminate the lease. It’s an absolute mess and unfortunate. Formichella LLC should be ashamed of themselves for not trying to work with Hall Benedict in a reasonable manner. If anyone from Hall Benedict is reading this, I think that, if things work out and you can stay in your spot, it might be worth rethinking the operation and seeing what else you can do with the space if you lose the postal unit.

Maybe a coffee shop in part of the store?

posted by: resident of east rock on February 8, 2011 12:46pm any information on the reason for the eviction notice? [Editor’s note: In the eviction notice, the landlord contends that the lease gives the landlord the right to terminate the lease upon the death of Jack Appelbaum unless Appelbaum transferred his majority ownership interest to someone else. Formichella wrote that Appelbaum didn’t do that, and the landlord ordered the lease be terminated as of Feb. 3. Just added a link to the document in the story.] Yes, I saw that, but what is the reason for the landlord not wanting to work through the legal paperwork. Why do they want them out of the space. Do they have other plans for the space? Has the pharmacy not been a good tenant? There has to be more to the story than the tenant not giving proper notification of the assignment of the lease.

posted by: Eva G. on February 8, 2011 2:43pm I agree with Pedro Soto: after reading the eviction notice (and having assumed that something was up that the story as originally posted didn’t say), I conclude that things don’t look so good for Hall-Benedict. I am heartbroken.

If a new lease can be brokered, I respectfully suggest that an attempt be made to convert the space which will no longer be a Post Office (a tragedy, that loss, to me) into something like the soda fountain which I assume was once housed in that space. I don’t know that a cafe is called for, exactly, but a little counter, maybe some ice cream, I don’t know. I remember the Crown Street drug store from my childhood—it was a pharmacy with a counter and stools and a couple of booths and people got grilled cheese sandwiches and milkshakes there. I would love to see that kind of thing around here, and maybe Hall Benedict’s space is our one shot at it (though I don’t know for sure that it’s feasible).

I don’t know what the landlords have in mind for the space but it’s really hard to imagine that the plan involves an enterprise that would contribute more to the neighborhood than Hall-Benedict does. I am really dismayed by all of this.

posted by: J. Dickhoff on February 8, 2011 3:13pm I’d miss the convenience of the place honestly, not to mention the historical significance which cetainly leads to quaintness of East Rock. They’re not going to close our neighborhood drug store! I propose we hold a breakdancing exhibition in front of the store tomorrow to raise money for the cause. When they come in with their bulldozers, we fight back with the only means we East Rockers know, Dance!

posted by: Helen W. on February 8, 2011 5:20pm I needed to post this comment because I know the Formichella family. I knew their dad when he ran Hall-Benedict many years ago. These are not bad, heartless people. These are good people that know the value of an independent pharmacy in this space. Knowing them, there is more to this story then what is being said here. They don’t want to sell this building or turn this space into something that this community doesn’t need or want. This is about a lease that isn’t being renewed for a reason. Think about it people!...there is more than one side of a story and I am sure you haven’t heard the other side because they can’t say anything right now.

posted by: Eva G. on February 8, 2011 5:58pm Helen W.—I appreciate your comment. I suppose I just wish I knew the other side of the story—because I assume there is one—if not more than one…

posted by: Chelsea on February 8, 2011 7:51pm I really hope all this gets resolved. It was so nice to have a post office in the neighborhood! This store is needed and appreciated in our community.

posted by: pdh on February 9, 2011 8:59am Formichella Associates LLC: who are these people? Why hasn’t the Independent—or any other media—looked into them or queried them about their reasons for destroying this community institution? Do they have some kind of inside deal with one of the pharmacy chains? The number of locally owned businesses continues to shrink. Who’s behind it?

posted by: SM - East Rock on February 9, 2011 1:41pm It is so easy to jump on Formichella Associates LLC as the bad/anti community guy. What this article doesn’t say and we don’t know, is why the lease is not being renewed. As a property owner myself there are many reasons for not renewing a tenants lease. Not all of them make me a bad guy. The owner of the building has no obligation to lose money on the investment just because the community needs a pharmacy. The true focus here should be pointed toward the City of New Haven Zoning Board. IF MORE BUILDINGS ALONG ORANGE ST. WERE ALLOWED TO HAVE BUSINESSES THERE WOULD BE PLENTY OF SERVICES FOR THE LOCAL RESIDENTS. What we need in East Rock is a zoning plan that allows for the community to have more than one building for a pharmacy.

posted by: Tom on February 9, 2011 2:23pm I have to agree with SM here. There are fewer and fewer business like Hall Benedict left because the City of New Haven has adopted suburban style zoning in most of the neighborhoods. In too many places it’s difficult if not impossible for even small neighborhood business to open in residential areas.

Many of the business that are there - the business that make our neighborhoods unique and vibrant - are grandfathered in and would not be allowed under the current zoning regulations. As soon as those properties start flipping over, like Hall Benedict is right now, we’re going to be left with bland neighborhoods with no businesses, and will have to get in our cars to buy even the most basic things. Without more progressive zoning regulations, East Rock is going to look like East Haven.