Waverly Township issued the Chabad of the Abingtons a zoning permit last week to build 12 cabins for religious purposes, according to a lawyer for the rabbi behind the project.
Attorney Matt Barrett said in a phone interview with WVIA News that Waverly Township issued the permit on Nov. 24, but said he could not speak to how or why it was granted.
“I’m not so certain I know their (the township’s) reasoning other than I think that some of the township officials had an opportunity to hear some of the testimony and following that, they issued the permit,” Barrett said Monday.
It is not the final step, however, as planning approval also will be needed, he said.
Barrett also said Waverly Township cancelled a planned zoning hearing on Rabbi Benny Rapoport's permit request that was set for tonight the Waverly Community House.
WVIA News left two messages for Waverly Township Manager Christine Capozzi on Monday afternoon to ask about the permit decision but did not immediately receive a response.
WVIA also reached out to township solicitor Malcolm MacGregor but did not immediately receive a response.
A Chabad House is a type of Jewish community center that teaches Hasidism, a kind of Orthodox Jewish philosophy.
The permit decision follows two earlier hearings on Rapoport’s plans to build 12 cabins on his 21-acre property in Lackawanna County to allow visitors to stay overnight during religious holidays and events.
Rapoport needed the zoning board's permission to build the cabins as Waverly’s zoning ordinance only allows places of worship to have two homes on the property to accommodate “full-time religious leaders and their families.”
After this story was initially published, however, Waverly Township did post about the application process on its Facebook page on Monday afternoon, announcing that the hearing had been cancelled.
"Following the last hearing, Waverly Township issued a zoning permit to the Chabad of the Abingtons, Inc. approving the project. Subsequently, the applicant has withdrawn its application appealing the determination of the Zoning Officer and requesting a Special Exception for its property," the post said.
"Members of the Zoning Hearing Board, along with its solicitor, will be present at the Community House tonight to formally announce the withdrawal of the application. However, no testimony will be taken as the matter is now deemed moot, and the Zoning Hearing Board no longer retains jurisdiction over this matter," the post added.
Recap: what happened at the prior zoning hearings for the rabbi’s religious retreat?
Rapoport runs the Chabad and its Jewish Discovery Center on 216 Miller Road, which caters to Northeast Pennsylvania’s Orthodox Jewish community.
Orthodox Jews do not drive during religious holidays like Shabbat, the weekly day of rest for Jews from Friday before sunset through nightfall on Saturday.
However, some residents were wary the development would change Waverly’s rural character and questioned whether a religious organization should be allowed to increase its property’s value without paying property taxes.
By the end of the hearing, the applicant had only finished questioning its first witness, Rapoport. It did not call any of its other witnesses before the public, including the project’s engineer.
Terence and Margaret Neville, who live near the project, were a party in the hearings. They and their lawyer, Kevin Walsh, were not given time to make their case against the project.
Next step: Planning approval needed
While the Chabad now has approval to build cabins for religious purposes, it still needs approval from the Waverly Township Planning Commission to start construction on the project and to receive other relevant building permits.
Barrett said the dates for those public hearings will be announced at another time.
