WAVERLY TWP. — An attorney for residents who oppose the Jewish Discovery Center’s plans for a dozen cabins presented his case for why the township should reverse its issuance of a permit for the site.
Kevin Walsh, who represents residents Terrence and Margaret Neville, gave arguments on the couple’s behalf before the township’s zoning hearing board Wednesday night. The Nevilles contend in their appeal the proposed development requires special exception approval, that no zoning application was made for the zoning officer to approve, the zoning officer lacked jurisdiction to render a decision concerning the proposed development while an appeal was pending before the board, and the center didn’t meet the prerequisites for the township to issue a zoning permit and approve a place of worship.
The board took no action Wednesday and decided to continue the hearing next month.
Terrence Neville said the center received the permit before the couple could present their testimony on the plans. He said he has no issue with the synagogue being next to him but the cabins aren’t compatible with the area, which Neville described as rural with large tracts of land. He said the project would alter the character of the area, bring more people and affect property values.
“It’s essentially the equivalent of putting two city blocks up against my property line,” he said.
Neville claimed the center got the permit despite having trash piled near his property while the cabins — which he referred to as mobile homes and tiny homes — are being built, and that the center didn’t present plans for dealing with emergencies.
William Jones, an attorney representing the township in the appeal, and Matthew Barrett, the center’s attorney, objected multiple times that Neville’s testimony wasn’t relevant as it didn’t present a legal argument or pertain to zoning. Walsh responded that the testimony is relevant because it shows that center officials will be allowed to act unilaterally.
John Varaly, a Wilkes-Barre-based municipal planner appearing at the behest of residents, testified that in his experience, the center’s application would require land-development approval as it is a special exception for a place of worship. He said such exceptions have to allow for all kinds of religious activity.
Varaly added that Zoning Officer Christine Capozzi would exceed her authority by granting a land-development plan, as it is up to a governing body or planning commission to issue such a decision. Varaly said as zoning officer, Capozzi can only enforce township ordinances. He said he didn’t know what Capozzi took into account when issuing the permit.
Waverly Twp. resident Terrence Neville answers a question during a hearing before the township’s Zoning Hearing Board Wednesday, March 25, 2026. The hearing is on Neville and his wife’s appeal of the township issuing a permit to the Jewish Discovery Center to build 12 cabins on its property off Miller Road. (Christine Lee/Staff Photo)
Members of the Waverly Twp. Zoning Hearing Board meet Wednesday, March 25, 2026 in the Waverly Community House. (Christine Lee/Staff Photo)
People gather for the Waverly Twp. Zoning Hearing Board meeting Wednesday, March 25, 2026. (Christine Lee/Staff Photo)
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Waverly Twp. resident Terrence Neville answers a question during a hearing before the township’s Zoning Hearing Board Wednesday, March 25, 2026. The hearing is on Neville and his wife’s appeal of the township issuing a permit to the Jewish Discovery Center to build 12 cabins on its property off Miller Road. (Christine Lee/Staff Photo)
Walsh said he asked Capozzi to testify at Wednesday’s hearing, but she wasn’t in attendance. He asked board Chairman Joseph Fitzsimmons to issue her a subpoena to appear at a future hearing.
The permit, which Capozzi issued in November, allowed plans to move forward for building the 12 cabins. The center initially sought zoning relief to build the cabins but withdrew its application for a special exception after the township issued the permit. The Nevilles appealed the permit earlier this year.
The 865-square-foot cabins will be built behind a synagogue and home with access via gravel drives and walkways. Each will accommodate up to six people, with three bedrooms, three bathrooms, a living room, waterlines and electric facilities. The more than 20-acre property will not be subdivided.
The cabins will be used only by people attending services, observing holy days or participating in programs on the property, according to the application, which the center filed under the name Chabad of the Abingtons Inc.
Center representatives previously went before the township’s planning commission with the plans early last year. The commission recommended that they be heard by the zoning hearing board because the proposed cabins wouldn’t conform with the township’s existing zoning. The zoning officer then issued a letter to the center outlining ways the plans could comply with existing zoning, which the center challenged.
Walsh said the center filed an appeal, after which the permit was issued in violation of the law.
Residents who opposed the plans argued the cabins will affect the township’s character. Margaret Neville questioned in December why the township issued the permit and said she planned to appeal.
A little more than 20 people attended Wednesday’s hearing.
The board agreed to continue the hearing to April 20 at 5 p.m. at the Waverly Community House.
Barrett said after the hearing the center believes the zoning officer was correct in issuing the permit.
“We welcome the opportunity to present our arguments here tonight with the board and we look forward to coming back on April 20,” he said.