The Romp Store, the controversial storefront which replaced the old Ben Franklin Bookshop, got it’s day in architectural court Wednesday night. The Nyack ARB (Architectural Review Board) was asked to review owner Carol McIlmurray’s request to change the storefront facade. Ms McIlmurray and some associates have painted and repainted the store window day and night in the last 60 days with the intention of removing the pane and selling it as a standalone piece of art.
Art withstanding, these changes are a violation of local ordinances, and pose a fire risk, since there is no way to see inside the store. Ms McIlmurray has been given verbal and written notice to stop “six or seven times” by Village officials. Additionally, neighbors say the paint left on the sidewalk has been tracked into adjacent stores costing several hundred dollars to have professionally cleaned.
McIlmurray claims she had permission from the building department to paint the storefront saying it was temporary.
ARB Chairman Eileen Kuster-Collins dictated seven points McIlmurray needed to follow to be in compliance. These include:
- Clean or replace the main glass window within two weeks.
- Submit alternative colors to the building department for approval within three days (to be reviewed by at least three board members).
- Submit a written plan with specific actions on how she will restore the storefront to it’s previous condition, including the side windows, framing, and door. This should include details about cleaning the sidewalk as well.
- Submit a letter from the owner agreeing to these changes
The color choices and the plan will be available for public review in the Nyack Building Department.
Although anxious to “put this incident behind her,” McIlmurray was reluctant to restore the facade to it’s original dark green. “I would have never picked that color for my business,” she said. McIlmurray says she prefers an off-white color and expressed doubts about the historic significance of the building and the need to restore it to it’s original look.
Members of the public and Village officials expressed their doubts about Ms. McIlmurray’s sincerity in adhering to these new guidelines after several weeks of cat-and-mouse games with building officials. “I’d tell her to stop, turn my back, and she started to paint again,” said Fred Viohl, a code enforcement officer for Nyack.
During the meeting, Viohl and McIlmurray had this telling exchange. “You were delivered a stop work order, ” said Viohl. “I was on a mission,” replied McIlmurray.

DashnSysco says:
It’s a disgrace that the landlord, Harold McCartney, has not stopped Carol. If he had, this would not be an issue. It will take alot of work and money to remove all the paint. I’d bet it doesn’t happen in a timely manner. Like someone said at the meeting, having her restore the building to it’s original state is like throwing good money after bad. She’s the one who ruined it! Art is subjective. She has every right to be an artist. Just not using Nyack as the canvas. Not only is the store hideous looking, she is combative, confrontational, and antagonistic to anyone who walks by and says something she doesn’t agree with. This problem could have been avoided over a month ago if McCartney addressed it.
June 18th, 2009 at 10:14 am
dearestcarol says:
Hi, as I would just like to say no associates helped me paint my store. I was also given perimission 6 or 7 times by town officals. I was honest with Viohl, and he knows my timelines. I respect this town and asked to change the storeback to normal. How come that isn’t in this? I guess because the townspeople wanted a bloodbath by screaming inaccurate comments. I am within my legal rights and the several hundred dollars has yet to be proven, so thats not newsworthy, where is the evidence of that? Latex doesnt cost anything to clean up. I do it all the time. The street will be cleaned! And all can rest easy.
June 18th, 2009 at 11:40 am
johngromada says:
I witnessed several different people painting on one day. Maybe these were not ‘associates’ but ‘assistants’?
June 18th, 2009 at 12:25 pm
dearestcarol says:
no they were painting inside the store, on may 5th. i am the only one to paint outside, unless you saw someone defaces MY property.
June 18th, 2009 at 2:01 pm
dearestcarol says:
Right, it is like throwing good money away to cover up beautiful art on property that is not yours Dysh. Leave other people out of this, it is my art and my art alone. Please don’t take this any further. Its covered in the constitution, all is fair in the name of business.
June 18th, 2009 at 4:09 pm
BA says:
Umm, given the nature of this “work” how would you know if someone defaced your property?
June 18th, 2009 at 4:10 pm
dearestcarol says:
Oh and I have not had the store for 60 days!!! Sean is about as accurate in his accusations as the earth is flat.
June 18th, 2009 at 4:11 pm
DashnSysco says:
You don’t make any sense. The Constitution? What are you talking about? Carol, you made a huge mess OUTSIDE. Make your beautiful art on canvas inside a studio. And take an anger management class.
June 18th, 2009 at 7:47 pm
awregar says:
Carol,
There is a difference between the protection of the freedom of speech/expression as granted by the U.S. Constitution and the defacing of property both public (i.e., sidewalks) and private (i.e., historic buildings). People have a right to criticize your art, and you have a right to disregard their opinion. However, when said art or redecoration goes against public code and infringes upon the success of businesses surrounding it, it should be both your moral and your legal obligation to consider the opinions of your fellow townsfolk–who ultimately will be both your potential customers as well as the determining factor in the success or the failure of your store.
June 18th, 2009 at 9:43 pm
vicb says:
I was willing to extend the benefit of the doubt when this saga began, but lately it’s become disturbing. I have artists in my family, and I am friends with a number of talented artists and I think I can safely say…this is not art.
The owner of the building needs to be held accountable for this mess as well.
My hope is that this woeful episode ends soon, and the building will be restored to some semblance of normalcy.
June 19th, 2009 at 12:14 am
Love Nyack says:
Some thoughts:
Art? …LOL.
Brilliant way to create viral marketing campaign? – initially I thought yes but now, 99% of Nyack wouldn’t patronize that store if their life depended on it.
I can see you “ROMP”ing into bankruptcy court 90 days after opening.
When I lease a property I protect my rights as owner and landlord. What happened in this case?
Did I read somewhere that the store owner is selling the glass and donating the proceeds? Nice touch but who would buy it? Its fugly.
A vintage clothing store? Carol, you should save money. Free business advise:
1- buy new cloithes, its cheaper than sourcing vintage
2- open your doors for business
3- wait 25 years cuz the same clothes will still be on the rack and thus become “vintage”
4- start selling your vintage goods. You’ll be able to do business as all the folks you pissed off will have moved on.
Good luck to you.
NYACK, WAKE UP. SUPPORT THE BUSINESSES THAT SUPPORT THE COMMUNITY.
June 19th, 2009 at 12:53 am
Richard Kavesh says:
More than anything, the First Amendment has made America one of the freest, if not the freest, country on earth. However, as awregar noted, the rights of free speech/expression aren’t absolute (you can’t legally yell “fire” in a crowded theatre, violate copyrights, lie under oath, publish a recipe on how to build an H-bomb, give away military secrets to the enemy, deface public or private property, etc.). The ARB ruling makes eminent sense and is firmly legally grounded. Freedoms come with responsibilities, and one of them is to respect the rights of others.
June 19th, 2009 at 10:45 am
lkysun says:
What a stir this storefront has created! Rumors abound – Bill Gates is coming, property values will rise, the window will be worth millions!! It’s all rather bizarre and unbalanced.
What would be interesting to know is what will be on the “inside” or if any work is taking place in there at all in preparation to open on July 4th. Watching this obsessive painting on the “outside” leads one to think there is a “time management” issue. What will be sold? Does anyone know?
I agree with the post above. Put all of the daily “creativity” on canvas – sell that “inside” – create a following – and move forth..there appears to be talent that would interest someone.
Start small. Make friends with your neighbors and follow the laws of the land in Nyack. This isn’t the Wild Wild West.
A moment of clarity is in order.
June 19th, 2009 at 12:04 pm
awregar says:
Sadly, lkysun, I happened to be walking by Romp when the door was open. I had hoped to see some work in progress that would assuage the detractors. Unfortunately this doesn’t appear to be the case. From what I saw, the owner is going to have a serious fire hazard if the store isn’t cleaned up before the Grand Opening on July 4th.
June 22nd, 2009 at 12:59 pm
JC Brotherhood says:
Whatever color the store ends up being it is not going to be “Green” by any stretch of the imagination.
Along with the pervasive smell of spray paint I also detect that certain Je ne sais quois of a dairy barn.
The spray paint gives off enough VOCs (volatile organic compounds), to gag a GE executive.
Call it art if you want but your carbon footprint is wearing clown shoes.
Osha does regulate this stuff and I wonder why an Artist should be exempt from compliance when it comes to clean air? If this were a privat contractor OSHA would be up their butt like a well watered weed. I think the going day rate is around $15K per day for non compliance.
Pay to play vandalism is nothing new in Nyack. A short walk up the street where you can no longer see Pretty Penny is in my opinion vandalism on a different scale. It used to be a “public amenity along with the two ancient oak trees which died as a result of the former owners self indulgent act.
One thing I will say is this storefront has attracted at least as much attention as when someone drove backwards through the window of Starbucks several years ago.
Same crowd?
June 22nd, 2009 at 3:58 pm
vicb says:
It’s amazing. Leave your car parked beyond the time limit and in five minutes, our ever diligent “Nyack Parking Authority’ will hit you with a twenty-five dollar ticket. Yet, a block away from the Village Hall, this bizarre episode continues to unfold.
I have to ask again, who is the landlord, and why is he/she not held accountable for this mess? The owner of the building needs to face fines, and or further action for allowing this sad story to continue.
It’s disturbing to watch and my fear is that the ‘artist’, when finally confronted with the reality that she has alienated much of the village, will pull up the stakes of this circus and move on leaving the mess behind. As a matter of fact, a recent addition to the work of art is the finger painted phrase..’mission, to move on’.
Please, not a moment too soon.
June 22nd, 2009 at 8:38 pm
Nyack News and Views » More Rompin’ On Broadway says:
[...] The Wed 6/24 Journal News includes an update on painting of the facade of The Romp Store on Broadway since last week’s Architectural Review Board meeting. There is also a heated debate related to Romp about the merits of art, free speech and civil discourse on the Yahoo NyackSocialScene group and NyackNewsAndViews. [...]
June 24th, 2009 at 6:02 am