Rocky Road For Ralph's Italian Ices In Mamaroneck

MAMARONECK, N.Y. (CBSNewYork) -- Ralph's Italian Ices in Mamaroneck has been ordered to close a year after opening.

People from all across Westchester would flock to the business to indulge in the cold treats, but the shop's popularity ultimately was its undoing, WCBS 880's Sean Adams reported.

Neighbors near the Post Road complained the sweet spot created traffic and crowds.

"I think for people around here they do have a legitimate concern, as far as parking. And you can't accommodate all the cars around here," one resident said. "People coming, going different ways. Every which way. Kids are in the parking lot getting ice cream."

Following resident complaints, the village discovered it made an error and had approved the business as retail, not a food establishment.

Ralph's applied to the Zoning Board of Appeals for a special permit, but was denied. The board said the popular shop created 'unsafe conditions.'

"Overwhelmed the capacity of the site, and surrounding roads...creating dangerous conflicts and unsafe conditions for drivers pedestrians, and customers," the board said.

The popular shop now has to close.

"Absolutely ridiculous! Before this, this was a gas station," Diann Chiodo told CBS2's Brian Conybeare.

Stewart Greenfield is afraid someone is going to get killed at the complicated three way intersection.

"It's too many people going in too many different directions with automobiles and with kids," he said.

Mamaroneck Mayor Norman Rosenblum was hoping for a compromise.

"Instead of continuing the process and looking to mitigate it, you're going to litigate it. So you're better off mitigating something instead of litigating it," he said.

No one from the zoning board would talk about the ruling on camera, but the owner was vowing to fight it.

He pointed to reduced hours, and safety improvements that have already been made.

"We closed an entrance, we've done the parking lot, we've agreed to bring people inside, we limited the hours, we've done everything that's been asked of us," Scott Rosenberg said.

Litigation remains an option, he said.

"I plan on doing whatever I need to do, and yes I think that's the only thing necessary or left for me to do," he said.

The owner said he's been talking with the village, and his lawyers about finding a way to keep the shop open, but as of now it's scheduled to close on Thursday.