Hillendale Elementary School is returning to the Pennsbury Township Zoning Hearing Board for an application that was already approved in May. The reason is to avoid litigation.

The hearing board approved a special request application for an outdoor pavilion/classroom for the school on May 31 (see story here) but one neighboring resident — Kathleen Carmody — who was a party to that proceeding opposed the application and was going to appeal the May decision.

School district Director of Facilities James Whitesell said in a telephone interview that it would have cost the district more money to fight the appeal, and that would be on top of the costs related to the approval that was received.

“Some of those conditions the zoning board put on were costly. It would probably cost the school district another $35,000 to meet those conditions,” he said.

As reported at the time, those conditions included complying with all screening requirements, having a security camera running 24/7, that the pavilion not be equipped with. a public address system, all lighting should be angled downward and shielded, and the district shall have a policy of cleaning up the area and removing all trash before mowing.

Whitesell said he and Carmody walked the school property together and came up with a different location that she could support.

During the Aug. 16 Board of Supervisors meeting, attorney Loren Szczesny, representing the school district, confirmed Whitesell’s comments about the desire to avoid litigation.

Under the revised application, the school is requesting variances for the relocation of the proposed outdoor classroom. The proposed site is now located in front of the school along Hickory Hill Road and the size is larger than the limit of 600 square feet in a residential district. Variances are requested for placement in the front yard as well as the size of the building.

Szczesny said the new location needs a variance because, while farther north on the property, it’s closer to both Hillendale and Hickory Hill roads. By the township ordinance, he said, the new proposed location has two front yards which is otherwise prohibited.

Supervisors took a neutral stance on the application but said, if the ZHB grants the variance, there must be screening along the Hillendale and Hickory Hill sides of the structure, and that the screening must be approved by the township landscaping consultant.

The new zoning hearing is scheduled for 6 p.m. on Aug. 17.

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