No. Castle Warns Ralph’s Ices Owner to Heed Looming Deadline
North Castle officials delivered an ultimatum to the owner of Ralph’s Ices last Wednesday, urging him to take steps to comply with the site plan by next week or potentially face town enforcement.
Frustrated by the slow pace of progress to meet various conditions, including steps to protect the public from an eroding cliff toward the back of the property, Town Board members told owner Scott Rosenberg they expect the matter to be resolved by their Aug. 8 meeting.
Otherwise, the popular North White Plains ices and ice cream shop on North Broadway that opened last year could forfeit its $35,000 performance bond, receive a summons and/or have its temporary Certificate of Occupancy revoked, said Director of Planning Adam Kaufman.
A key issue is to protect the public from dirt and rocks from the hillside that have been periodically dropping into the parking lot since site work was done at the property in preparation for Ralph’s Ices 2017 opening. However, there has been disagreement between Rosenberg and the town’s consulting engineer, Joseph Tremele of Kellard Sessions in Armonk, about the best course of action to address the problem. Councilman Stephen D’Angelo said that the site plan calls for a protective erosion mesh to be erected on the edge of the hillside to catch the debris.
Rosenberg’s latest report from his geotechnical consultant suggested that instead of installing the mesh fencing, the loose rock from the hillside should be removed until stable rock is reached, Kaufman said. But it isn’t known whether stable rock is located within or beyond the property line, he said.
On July 12, Tremele sent a correspondence to Rosenberg and town officials saying he couldn’t evaluate the applicant’s plan until the property is staked by a surveyor.
“I don’t think we should cut into that wall anymore,” D’Angelo told Rosenberg at the board’s July 25 meeting. “It’s already almost falling down. So two weeks go by, and quite honestly, I think I can speak for most of the people here, we’re running out of patience. I mean, this is an unsafe situation.”
Rosenberg said last week that he immediately called to arrange for the property to be staked following the board’s July 11 meeting but was unable to get an appointment until July 30.
“I trust my engineers when I hire them,” Rosenberg said. “I have no experience in this at all. I don’t know about this. I’m hiring people blind. I’m trusting the people I hire to do the right job and tell me the right information.”
He also said that he has a consultant stop by once a week to make sure there isn’t rock and dirt falling.
But Councilman Jose Berra said having someone come out weekly to look at the hillside is inadequate and action must be taken. If someone gets injured or if a car is damaged from falling debris then it’s a serious problem for Rosenberg’s business and the town, he said.
“It’s time to get it done. Otherwise, I think you face a real risk at one of those three steps or more that Adam mentioned being taken because we just won’t have faith that you’re going to do what you need to do,” Berra said.
The proprietor has been regularly appearing before the board during the past few months as officials have tried to get him to comply with the site plan. Other conditions that have been completed include striping of the parking lot, signs and landscaping of the property, but not without repeated delays.
Rosenberg said the time it has taken to line up his consultants for site visits and setting appointments has significantly contributed delaying the work.
“I can’t promise you (by when) it will be completed but I promise you there will be a hard date when it’ll be done and you’ll see progress,” Rosenberg said of the board’s Aug. 8 deadline.
D’Angelo stopped short of saying whether the town would take drastic action, including shutting Ralph’s Ices down, but said the town wants to see significant progress. He urged Rosenberg to reach out to Tremele as soon as the property is staked so he can evaluate which remedy will be implemented.
“(On) Aug. 8, if we don’t see some progress, it’s just not going to be good,” D’Angelo said.
Martin has more than 30 years experience covering local news in Westchester and Putnam counties, including a frequent focus on zoning and planning issues. He has been editor-in-chief of The Examiner since its inception in 2007. Read more from Martin’s editor-author bio here. Read Martin’s archived work here: https://www.theexaminernews.com/author/martin-wilbur2007/