The town is set to go to trial against the developer of a yeshiva with adult student housing on charges of running a preschool out of a trailer after settlement discussions broke down. Town Attorney Michael Klein said the town intended to prosecute Mosdos Chofetz Chaim at 1 p.m. today in front of Judge Samuel Colman. The town cited the developer in February for operating without a site plan and a certificate of occupancy.

The developer could face a $5,000 fine on each of the six counts if found guilty.

“We had discussions and nothing was finalized,” Klein said Friday. “We haven’t heard back from them. We’re ready for trial.”

Through South Nyack-based attorney Steve Barry, the developer pleaded not guilty to the town’s charges in May.

In September the town Zoning Board of Appeals adjourned a decision on the developer’s appeal over the town’s increased building fees.

Rabbi Aryeh Zaks, a principal with the developer, has complained to the board that the building permit fees, based on construction costs, were unfairly raised by more than $20,000. After an initial construction estimate of $6 million was raised to $8.4 million, the town raised its fee to $75,617 from $54,046.

Construction on the 60-apartment yeshiva on Grandview Avenue site continued Friday, and looked to be near completion.

Richard Ackerson, the deputy town attorney who oversees the Planning and Zoning departments, said the zoning board’s decision was adjourned because of the possible settlement talks. Klein later added that the application was withdrawn at the developer’s request.

Both Ackerson and Klein said the project was allowed to continue because the developer had already received a building permit and the town’s citation did not affect the project’s construction.

Klein said since there appears to be no settlement and a trial is set to begin, the developer would not receive a certificate of occupancy for the project until the balance is paid.

“We expect them to pay,” Klein said. “They will not get a (certificate of occupancy) for the building until the proper building fee is paid in full.”

Dennis Lynch, the developer’s South Nyack-based attorney, said he would not discuss the details of any settlement discussion with the town. He said that if the town wanted to go to trial, his firm was ready.

“While we respect the town, we fundamentally disagree with its charges,” he said. “We’re prepared to settle but not surrender. If an amicable solution can be reached we’ll be happy. If we have to try the case we’ll be equally as happy.”

In addition to the town’s citation, the state’s Office of Children and Family Services had ordered the preschool shut down in March when it appeared the yeshiva was operating without a child care license or registration. The developer has appealed that decision as well.

Brian Marchetti, a spokesman for the state agency, said recently that an administrative hearing against the developer has been adjourned as state officials continue to evaluate what services were provided at the site.

A trailer is still at the site, as are children’s toys, but Lynch, said the preschool was no longer operating there.

TJN