The owner of a controversial new Mamaroneck business, Ralph’s Italian Ices and Ice Cream, has threatened to sue after restrictions were tightened on the shop’s hours and zoning classification.
“They allow you to open a business and then make decisions without any kind of due diligence,” said Scott Rosenburg, a Long Island resident and owner of Ralph’s. “I’ll file an appeal and I’ll sue them.”
The impetus for Rosenburg’s suit comes after a determination by the village zoning board on Monday, July 18 that reduced the business’ hours and also mandated that Rosenburg apply for a special permit by Aug. 17, otherwise he could face the revocation of his certificate of occupancy.
Prior to the zoning board’s decision, the business’ hours of operation ranged from 11 a.m. to 1 a.m. Monday through Saturday and 11 a.m. to midnight on Sunday.
New stipulations by the zoning board dictate that until Rosenburg applies for the permit, Ralph’s will have to close at 10 p.m. on weekdays and 11:30 p.m. on weekends.
When making their decision, zoning board Chairman Barry Weprin, who spoke to the Review regarding Ralph’s, said board members acknowledged that Ralph’s—which is currently classified as a retail establishment—should not be classified as such under the village’s zoning code.
“The consensus among the board is that [Ralph’s] meets the definition of food service establishment,” he said.
Village of Mamaroneck Mayor Norman Rosenblum, a Republican, who has attributed many of the problems spurred by Ralph’s to the business’ unforeseen success, said that if the situation comes down to litigation, it could be bad for everyone.
“He has the same option as the residents to sue,” Rosenblum said. “Neither side is going to be happy.”
Potentially, Rosenburg could file an Article 78, which would appeal the zoning board’s decision and possibly end up in court.
However, despite a potential lawsuit looming, Democratic Trustee Leon Potok said that the village always takes precaution to guard itself against litigation.
“The outside attorneys retained to work with the [zoning board] and the other land use boards do a good job protecting the village,” Potok said.
Fervor over Ralph’s has bubbled to the surface over the past several weeks after what residents have highlighted as onerous traffic conditions, unsightly garbage, and disruptive noise levels as a result of the business’ opening in May.
While Ralph’s must apply for the special permit before Aug. 17, it has been permitted to stay in business in the interim.
