An attempt to sue the village of Mamaroneck by the owner of Ralph’s Italian Ice’s and Ice Cream, Scott Rosenburg, was thrown out by a Westchester County judge this week after failing to meet the required threshold for an Article 78.
The decision by Rosenburg to file a lawsuit on Aug. 3 came after stipulations placed on Ralph’s by the village Zoning Board of Appeals last month. The case was dismissed in court on Tuesday, Aug. 9.
Rosenburg was seeking a preliminary injunction and temporary restraining order that, if granted by the judge, would have allowed him to continue to operate his business without regard for the new rules imposed on him by the village’s zoning board.
After a heated appeal from residents of the area who claim that the first Ralph’s in Westchester—which was the source of onerous traffic and noise conditions—did not follow procedure, the zoning board placed restrictions on the business.
Among those restrictions was a scaling back on Ralph’s hours—the store may operate until 10 p.m. Sunday through Thursday, and until 11:30 p.m. on Friday and Saturday—and a requirement to undergo a special permit process in front of the Planning Board.
According to the decision rendered by the zoning board, Ralph’s was previously misclassified in the planning process as a retail store. If vetted under the village’s fast food regulations, the business would have been required to notify its application to residents and also undergo a more stringent zoning and planning review.
Now, as per stipulations from the zoning board, Rosenburg must file a site plan application with the village’s Planning Board to be heard at the board’s meeting on Sept. 14. The deadline for submission is be Aug. 17.
