75-15-BZ APPLICANT – Sheldon Lobel, PC, for TEP School Assistance, Inc., owner. SUBJECT – Application April 3, 2015 (§72-21) to permit the construction of a school (TEP Charter School) contrary to front requirements (§24-522). C1-4/R7-2 zoning PREMISES AFFECTED – 153-157 Sherman 100' east of the intersection of Academy Sherman Avenue, Block 02221, Lot 0005, Manhattan. COMMUNITY BOARD #12M ACTION OF THE BOARD – Application condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown and Commissioner Montanez .........................................................................4 Negative:...........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Borough Commissioner, dated April 1, 2015, Department of Buildings Application No. reads in pertinent part: 1. The proposed height and setback community facility building located R7-2 Zoning District with C1-4 overlay contrary to the maximum height the street line of 60’ and the required setback of 15’, as per ZR 24-522 community facility uses and is referred BSA; and WHEREAS, this is an application under 21, to permit, on a site within an R7-2 (C1-4) district the construction of a school building not comply with the zoning regulations for setback, contrary to ZR §24-522; and WHEREAS, the application is brought of the TEP Charter School Assistance, “Applicant”), a 501(c)(4) non-profit institution was established to advance the interests of Project Charter School (the “School”), a 501(c)(3) profit educational institution; and WHEREAS, the School is a public middle chartered in 2008 which serves low-income who reside in Inwood, Washington Heights, Harlem, 20 percent of whom have been identified the New York City Department of Education as having special educational needs; and WHEREAS, the School is currently operating of 30 temporary trailers, the proposed Use school building is intended to be a permanent for the School; and WHEREAS, a public hearing was held application on August 18, 2015, after due publication in the City Record, and then to September 18, 2015; and WHEREAS, Vice-Chair Hinkson Commissioner Ottley-Brown performed inspections 75-15-BZ that doing so, in light of the Subsurface would impose significant premium construction and WHEREAS, the applicant submitted a boring and a financial analysis to substantiate its claims Subsurface Conditions would impose premium the Applicant and School; and WHEREAS, the Applicant further represents an alternative complying design, without the cannot accommodate the School’s specifically, the required adjacencies and layouts could not be accomplished and the music rooms would be located on different WHEREAS, the Applicant represents to meet its programmatic needs without premium construction costs, it proposes to building’s mechanical systems on top of the thereby requiring the requested setback Applicant further represents that raising the accommodate the Subsurface Conditions wavier of the wall height regulations; and WHEREAS, the Applicant states that School is a non-profit educational institution, must grant it deference and allow it to programmatic needs to form the basis for requests; the applicant cites to the decisions York State courts in support of its claim that warrants deference; and WHEREAS, the Board acknowledges School, as an educational institution, is significant deference under the law of the State York as to zoning and as to its ability to programmatic needs in support of the subject application; and WHEREAS, specifically, as held in Cornell Bagnardi, 68 NY2d 583 (1986), an institution’s application is to be permitted unless shown to have an adverse effect upon the health, welfare of the community, and general concerns traffic, and disruption of the residential character neighborhood are insufficient grounds for the application; and WHEREAS, based upon the above, the that the programmatic needs of the School along exist

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