PS 163 in Manhattan. Image credit: Citylaw.

Non-profit developer sought to build residence for the elderly in Manhattan adjacent to a public school. In 2012, Jewish Home Lifecare, a non-profit providing health care services, applied to the New York State Department of Health for a permit to construct a residential facility for the elderly and disabled to be located on West 97th Street in Manhattan next door to P.S. 163. After Lifecare submitted an environmental assessment statement and an environmental impact statement, pursuant to the State Environmental Quality Review Act, the Health Department approved the facility. Parents from P.S. 163 and nearby tenants objected and filed an article 78 petition seeking to annul the Health Department’s approval. The parents and tenants claimed that the Health Department had failed to address adequately the risks of exposure to hazardous materials and noise-levels. (more…)