In a developing zoning dispute, residents of Waverly Township, Terrance and Margaret Neville, have challenged a permit granted to Chabad of the Abingtons for constructing a Jewish religious retreat consisting of 12 cabins. This appeal has spotlighted the procedural steps taken by the township’s zoning officer, raising questions about the issuance of the permit without adhering to the special exception process.
The decision by zoning officer Christine Capozzi to issue the permit, bypassing the township zoning hearing board, remains a point of contention. Attorney Kevin Walsh, representing the Nevilles, stated, “What we’re asking the board to do ultimately is to revoke that permit and say this was done improperly, regardless of anything else, the procedure was not followed properly.” He contends that, under Pennsylvania law, the zoning officer should not have acted while an appeal was pending.
The Nevilles’ property is adjacent to the synagogue’s land, and the absence of Capozzi at the hearing prevented her from providing testimony. However, she confirmed via phone her availability for the upcoming hearing on April 20.
Chabad’s Development Proposal
Rabbi Benny Rapoport, representing Chabad of the Abingtons Inc., initiated an appeal against Capozzi’s original zoning determination. He sought a special exception for the retreat on the 21-acre property. The proposed cabins, each measuring 865 square feet, are intended to host individuals involved in religious activities at the synagogue. According to Waverly’s zoning ordinance, properties designated for places of worship are limited to two residences for religious leaders.
A hearing took place on November 17, with a subsequent session canceled following the issuance of the zoning permit to Rapoport. Attorney Matt Barrett, representing Rapoport, indicated that the retreat plan must still undergo the township’s development process.
Community Concerns and Legal Challenges
During the hearing, Walsh called Terrance Neville to discuss his family’s concerns. The Nevilles moved to the area for the benefit of their son, who has autism and struggles with crowds and noise. “So this property allowed him to have a lot more freedom and independence,” Neville explained.
Attorney Bill Jones, representing the township, objected to the line of questioning, emphasizing the focus should be on the jurisdictional issue regarding the permit issuance. Walsh argued for the board to recognize the incompatibility of the permit with zoning regulations, citing potential non-compliance by Chabad.
Testimony from John Varaly, a planner with extensive experience, supported Walsh’s claims that further involvement by the zoning officer was inappropriate once an appeal was underway. The legal discussions also referenced the Religious Land Use and Institutionalized Persons Act (RLUIPA), which protects religious institutions from discriminatory zoning laws.
The next session in this ongoing case is scheduled for April 20 at the Waverly Community House.
