Upper Dublin board files notice of appeal after zoning board denies bus depot; initial filing approved 6-3

The Board of School Directors voted 6-3 to file an initial notice of appeal this week to preserve the district bility to seek court review of the Upper Dublin Township Zoning Hearing Board ecision that denied variances for a proposed transportation facility near Fort Washington Elementary School.

The move to file the notice of appeal was made by board member Michael Sirota and seconded by board member Ms. Sherpier. Sirota said the filing is intended only to "preserve the option" to challenge the zoning board ecision once the zoning board issues its full written findings. He told the board the initial paperwork carries a "minimal cost" and is intended to protect procedural options.

The board and public speakers spent more than an hour on the item. Residents urged the board not to appeal and repeatedly cited safety, noise and neighborhood character concerns. "I'm very disappointed in that," said Anita Brewster, a Fort Washington resident, who told the board she and dozens of neighbors opposed the site. Many residents noted the proposed facility would sit close to an elementary school and said backup alarms, traffic and heavier vehicles would pose risks to children.

The board's solicitor, Daniel D'Azzio, summarized the procedural timeline for the public and the board. "Within 45 days of the issuance of the notice of decision, the Zoning Hearing Board is required to prepare and issue to the school district a much more comprehensive document that includes findings of fact, conclusions of law, and then, ultimately, the final decision of the Zoning Hearing Board," he said. He explained the district has 30 days from the zoning board ecision notice to file an initial appeal; the fuller written reasoning from the zoning board commonly arrives later and can inform a decision whether to continue the appeal.

Board members said the initial filing does not mean the district will definitely continue to litigation. Multiple board members asked for the full written ZHB decision before any further public vote. The board's plan, as described during discussion, is to file the initial notice within the statutory 30-day window and then re-evaluate after receiving the zoning board's written findings; at that point the board could vote to pursue or discontinue the appeal.

Public comment and the board discussion repeatedly raised alternatives and asked what other sites were considered for a transportation facility. Board members and staff said some options had been discussed in executive sessions and that not all details could be disclosed publicly because the district continues to evaluate alternatives and because certain real-estate and litigation conversations occur in executive session.

The motion to file the notice of appeal passed on a recorded voice vote, 6 in favor and 3 opposed. The three members recorded as opposing the initial filing were Ms. Jenna Evans, Dr. Thomas and Mr. Wallach. After the vote the board—onfirmed the zoning hearing board ecision will be made public when the zoning board issues its full written findings, and the district will update the community and schedule any further public votes if it chooses to continue the appeal.

Actions and next steps listed by the board include filing the notice of appeal this week to preserve the district's right to litigate, reviewing the zoning hearing board's forthcoming written findings of fact and law, and scheduling another board discussion (in executive session and then in public) before taking any additional litigation steps.