For the second time in three months, the Pennsbury Zoning Hearing Board granted variances for a proposed pavilion/outdoor classroom at Hillendale Elementary School. The ZHB granted special approval for the project on May 31 but a party to that hearing was going to appeal the decision. So, the school district filed an amended application to avoid litigation.

The newer application has the pavilion in a different location, which satisfied the concerns of Kathleen Carmody, the resident who opposed the first application and was going to appeal. She lives on a portion of Hickory Hill Road that is south of the school property and said at the first hearing that she was concerned about parking, noise, trash, and trespassing.

To avoid the costs of fighting the appeal, Unionville-Chadds Ford School District Director of Facilities James Whitesel walked the grounds with Carmody, and together they found a location that was amenable to the district and the neighbor.

“We looked at a number of locations,” Carmody said during the Aug. 17 session, “and we both had the same feeling that this particular location was best.” She called it a “phenomenal improvement.”

That new location is farther to the north on the school property and is situated adjacent to the parking area, near both Hillendale and Hickory Hill roads. While that is a mutually agreed upon site, it also posed a bureaucratic snag. Because the new location is close to those two roads, the township code deems that as having two front yards. Hence the need for a variance.

But the district also needed a variance for the size of the pavilion. The structure is 40 feet by 24 feet or 960 square feet. But the code said such accessory structures be no more than 600 square feet. So, the district needed a variance for that as well.

After the hour-long proceeding, the ZHB approved the requested variances with a set of conditions. Those conditions include the prohibition of a public address system at the pavilion, making sure all trash and debris are removed before mowing, installing vegetative screening along Hillendale and Hickory Hill roads, and ensuring that all security lighting is directed downward.

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