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College Achieve Greater Asbury Park Public Charter School will open August 28 despite its pending hearings before the Zoning Board of Adjustment, founder Michael Piscal said.

The charter school is currently seeking a use determination to open a second location inside First Baptist Church at 508 Grand Ave.

But a challenge of the school’s right to operate at the previously approved Ministerio Internacional La Senda Church, located at 700 Grand Ave, came to light during Tuesday night’s meeting.

“Our hope was to add a second site so we could split the kids and give them more room,” he said. “Our architect [Brian Taylor] did a study of the building by state code, and by state code, it said we could put 293 people in that building. We just want to make things better for the kids we are serving.”

Attorney Fredrick Niemann [at right] submitted an intent to appeal filing on behalf of his clients, Academy Charter High School and Hope Academy Charter School.

The appeal challenges Zoning Officer Barbara Van Wagner’s ‘certificate of compliance for operation’ at the 700 Grand Ave location, attorney Jack Serpico said. The Board is now charged with vetting whether Niemann has the right to appeal.

While statute requires an appeal be filed within 20 days of approval, the Board could set the clock from the time the challengers learned of the approval, Serpico said. He cited two precedents and advised the Board that must make the determination Niemann and his clients had knowledge of the decision.

“Barbara issued a zoning permit that says the charter school can operate,” Serpico said. “Mr. Niemann claims that is incorrect. You have to determine when they [the appellant] knew about the issuance of the permit.”

Project Attorney Andrew Karas said despite the notice to appeal nothing is currently preventing the school from opening on time.

“There is nothing that prevents them from opening,” he said. “Right now there is no pending appeal [meaning Niemann has not formally filed the appeal]. At 508, we will have to wait for the Board to make their determination, so all the kids will have to go to 700, pending what this Board does.”

Van Wagner, who also serves as the Board’s Secretary, said the city has yet to determine how many students can occupy the previously approved location. The occupancy rate will be based on a usable square footage per student ratio.

And while the appeal does not affect their ability to open, its result, if successful, could prevent the school from continuing to operate, Van Wagner said.

Piscal said 197 students are enrolled in grades K, 1, 5, and 6 for the upcoming school year.

In the meantime, the separate matter of whether the Charter School can operate at the 508 Grand Ave will continue on Sept. 12.

Piscal said the 104 registered students slated to enter fifth, and sixth grade classes will now attend the 700 Grand Ave location.

The school received 355 applications and students were chosen through a lottery system, with Asbury Park and Neptune residents receiving first priority.

Piscal said, 70 percent student body is from Asbury Park, 20 percent from Neptune, and that 5 or 6 students are Neptune City residents, and one or two are from Red Bank, Bradley Beach, Eatontown, and Long Branch.

He said 60 percent of the Asbury Park students reside west of Memorial Drive. He also said all students west of Memorial Drive would be bused to the school. For students who live outside of Asbury Park, a transportation plan would be determined by their home districts.

The charter school reduced its second year enrollment to 210 students, thereby requiring no need for a parking waiver.

Following questions from Niemann, Attorney Charles Liebling – representing neighboring resident Sharon Krengel, and the Board, the public was given an opportunity to question Piscal. The questions touched on a range of topics including site, safety, and health concerns, as well as transportation and parking logistics.

A concern was also raised regarding the timeliness of the application.

The Board has 120 days from when the application was deemed complete to make a determination or it must ask the applicant for an extension of time, Serpico said. But with no formal letter or memo stating the application is deemed complete, they will now have to agree on a date.

Karas did agree to continue on Sept. 12, whether or not it falls within the time frame. Further testimony is expected by the project’s architect, planner, and the charter school’s principal.

The Zoning Board has set a Sept. 19 date to begin hearings on Niemann’s appeal.

College Achieve is a tuition-free public school network that aims to produce students who will go on to graduate from top colleges and universities across the nation, officials have said. Their curriculum is based on the Toulmin College Writing Model and will emphasize science, technology, engineering, arts, and math [STEAM] education.

For more information about the charter school, visit www.collegeachieve.org.

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