WAVERLY TWP. — Four days after the supervisors agreed to allow religious facilities throughout the township, testimony continued before the zoning hearing board on an appeal seeking to overturn a township-issued permit that allows the Jewish Discovery Center to build a dozen cabins on its property.
Ultimately, though, no decision was reached.
Township Manager Christine Capozzi, who is also the zoning officer, testified Monday about issuing the permit to the center late last year, which allowed the plans for the 865-square-foot cabins to move forward.
Monday’s hearing marked the first application of the township’s amended zoning ordinance, which the supervisors voted 2-1 Thursday to amend to allow places of worship and assembly — like the Jewish Discovery Center — in all seven zoning districts. It includes language noting federal law prohibits state and local governments from substantially burdening houses of worship unless the government can demonstrate a compelling interest.
Before the amendment was approved, a place of worship or assembly was classified as a conditional use requiring a special exception — permitted only in the rural resource, rural single family residential, suburban single family residential and village single family residential districts.
William Jones, the attorney representing the township in the proceeding, said although cabins aren’t defined in the ordinance, the cabins are used for a religious purpose for the existing synagogue.
“I think it’s clear it’s a permitted use,” he said.
Capozzi said she issued the permit because it was a religious use.
Members of the Waverly Twp. Zoning Hearing Board during the public hearing Monday, April 20, 2026. The board is hearing an appeal by Terence and Margaret Neville appealing the township issuing a permit to the Jewish Discovery Center to build 12 cabins on its property. (Christine Lee/Staff Photo)
Attorney William Jones, center, speaks during the Waverly Twp. Zoning Hearing Board hearing Monday, April 20, 2026. (Christine Lee/Staff Photo)
Waverly Twp. Manager Christine Capozzi reviews documents during a zoning hearing board hearing Monday, April 20, 2026. (Christine Lee/Staff Photo)
Show Caption
1 of 3
Members of the Waverly Twp. Zoning Hearing Board during the public hearing Monday, April 20, 2026. The board is hearing an appeal by Terence and Margaret Neville appealing the township issuing a permit to the Jewish Discovery Center to build 12 cabins on its property. (Christine Lee/Staff Photo)
Kevin Walsh, the attorney representing township residents Terence and Margaret Neville, who are appealing, said the zoning amendment OK’d last week would make it a moot issue.
Matt Barrett, attorney for the Jewish Discovery Center, said the revised ordinance makes it easier for the applicant to install the cabins, which he said are for religious activity, and the issue doesn’t need to come before the zoning board. He said the government has to have a compelling or substantial interest in restricting a religious use.
“It’s now a permitted use,” Barrett said. “There would be no reason to believe that you need a special exception.”
Jones said other aspects of the zoning ordinance — including structure height — are still in effect.
The board went into an eight-minute executive session after the attorneys testified; after returning, they agreed to allow the hearing to continue next week.
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.
Jones and Barrett testified multiple times about the relevance of some of the testimony related to trash on the property, parking and sewer lines. Jones said the permit was issued based on the use of the property, but Walsh maintained the permit was improperly issued and the center has to comply with zoning. Capozzi said the center would need to apply with the state Department of Environmental Protection to review the sewer line changes and would discuss noise and other nuisances with the property owner.
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.
Some residents oppose the plans, arguing the cabins will affect the township’s character. While there was a small crowd of fewer than 10 people at Monday’s meeting, three people testified about the permit, wondering if others were issued for projects impacted by the zoning changes enacted last week. Capozzi said she had not issued any permits that would be affected by the zoning change.
Resident John Comerford asked why residents weren’t allowed to decide whether the permit was issued and why the center wants to add 12 cabins, which he said will negatively affect property values.
“The community should have the ability to say yes or no,” Comerford said. “I believe it should be in the hands of the voters.”
He said there are other options, such as hotels or Uber, that people observing high holy days can use instead of the cabins.
The board agreed to continue the hearing to Monday at 5 p.m. to allow Barrett a chance to present potential evidence.