A Zoning Board of Appeals public hearing on Jan. 14 will consider a proposal that would add safety features to a Tabor Academy backstop surrounded by controversy since June 2011.

The school hopes to expand the size of the backstop’s overhang to prevent foul balls from landing on Front Street.

The plans come years after the town and Tabor fought a legal battle over the installation of athletic turf fields, field lights and the backstop.

Now, Head of School John Quirk wants to start a new chapter of collaboration with town officials.

Quirk inherited the problem from outgoing Head of School Jay Stroud who left nearly four years ago.

Looking for a fresh start, Quirk received approval from the ZBA to withdraw the school’s appeal of the building commissioner's decision to deny a building permit without prejudice at the board’s Dec. 10 meeting.

“I always want to be working with the town,” Quirk said. “Good neighbors don’t force things on each other, they work out their differences.”

Quirk said he hopes to receive approval for a variance that would allow for changes to the backstop making it more difficult for foul balls to land on Front Street.

Also, he believes the issue can be put to rest without a legal battle.

Should the Zoning Board of Appeals deny the variance, there’s a chance the backstop will have to be torn down and rebuilt.

“If we deny the variance I’m not sure where it goes from there,” Zoning Board of Appeals Chair Eric Pierce said. “We’d have to have more discussion with the legal folks.”

Quirk hopes it doesn’t come to that, but would respect the board’s decision if that’s the case.

“The rules are the rules,” Quirk said. “I recognize there’s a possibility the backstop could come down. My hope is we make a reasonable case for keeping it and that a slightly larger backstop would suit the school and the town very well.”

The problem dates back to June 2011 when Building Commissioner Scott Shippey issued a cease-and-desist order because the school failed to undergo a site plan review process with the Planning Board.

In September of 2012, Shippey denied the school a building permit to construct the backstop stating that it failed to meet local zoning bylaws.

Tabor contested the decision in Massachusetts Land Court, arguing that under the so-called Dover Amendment, as an educational institution, it’s exempt from the site plan review process.

Under the amendment, certain facilities may bypass some building and zoning rules if the improvements enhance their organization’s mission.

Despite the cease-and-desist letter, the backstop was completed.

In June 2012, the court ruled in favor of the town saying Tabor would have to re-apply for a permit.

With the backstop issue before town officials again, Pierce and Quirk agreed that its fate is in murky legal territory.

“In addition to the ruling, the court told Tabor to go back and talk more with the town,” Pierce said. “The issue has been lying fallow since then.”

The public hearing is scheduled for 7:40 p.m. on Thursday, Jan. 14 at the Marion Town House.