Ramapo, NY - Yeshiva To Challenge Town Decision
Ramapo, NY - The developer of a yeshiva with adult-student housing this week will challenge a citation issued by the town for illegally operating a preschool out of a construction trailer.
Mosdos Chofetz Chaim, which was ordered by the state to close its preschool on the Grandview Avenue site for operating without a license, also will be before the town's Zoning Board of Appeals to question an increase in building fees.
The town issued a violation to the developer after Ramapo inspectors saw children in the trailer Feb. 17. The violation states that the trailer had been occupied by children without a certificate of occupancy or site plan approval from the town's Planning Board.
In a letter to the zoning board, Rabbi Aryeh Zaks argued that a certificate of occupancy was not needed for the site because "we are grandfathered for use at the site as an educational center and we have an approved site plan for our ongoing development project."
The town's citation prompted the state's Office of Children and Family Services to conduct an investigation.
In March, the state ordered the preschool closed because operating an unlicensed day-care center violates social services law.
The developer has not allowed state inspectors on-site so they could not determine what services were being provided or at what time of the day. A meeting with the developer would allow the state to find out what services are provided and if a license or registration is needed.
If a judge rules in the state's favor, a $500-a-day fine could be imposed on the developer and the state could seek a court order barring the preschool from operating.
Town officials have said that if the developer were found guilty of the violation, it could face a $5,000 fine for each of the six counts.
Town Attorney Michael Klein said the developer also was asking the zoning board to review a complaint regarding an increase in construction fees. After complaints from a resident critical of the project, the construction estimate was raised to $8.4 million from $6 million, and the town's fee was increased to $75,617 from $54,046. While the $54,046 permit fee was paid, the increased amount was not.
Mosdos Chofetz Chaim, which was ordered by the state to close its preschool on the Grandview Avenue site for operating without a license, also will be before the town's Zoning Board of Appeals to question an increase in building fees.
The town issued a violation to the developer after Ramapo inspectors saw children in the trailer Feb. 17. The violation states that the trailer had been occupied by children without a certificate of occupancy or site plan approval from the town's Planning Board.
In a letter to the zoning board, Rabbi Aryeh Zaks argued that a certificate of occupancy was not needed for the site because "we are grandfathered for use at the site as an educational center and we have an approved site plan for our ongoing development project."
The town's citation prompted the state's Office of Children and Family Services to conduct an investigation.
In March, the state ordered the preschool closed because operating an unlicensed day-care center violates social services law.
The developer has not allowed state inspectors on-site so they could not determine what services were being provided or at what time of the day. A meeting with the developer would allow the state to find out what services are provided and if a license or registration is needed.
If a judge rules in the state's favor, a $500-a-day fine could be imposed on the developer and the state could seek a court order barring the preschool from operating.
Town officials have said that if the developer were found guilty of the violation, it could face a $5,000 fine for each of the six counts.
Town Attorney Michael Klein said the developer also was asking the zoning board to review a complaint regarding an increase in construction fees. After complaints from a resident critical of the project, the construction estimate was raised to $8.4 million from $6 million, and the town's fee was increased to $75,617 from $54,046. While the $54,046 permit fee was paid, the increased amount was not.
posted by VOS IZ NEIAS @ 4/30/2006 08:56:00 AM
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