A zoning board hearing in Clifton Twp. stalled Tuesday after the lawyer for a developer seeking to build a large-scale data center in the region asked twice to move the proceedings to a different date.
“We believe that would promote the best interest of the zoning hearing board’s time, the residents that are interested in this application and all parties,” attorney Matthew McHugh said at the opening of the meeting.
After a brief executive session, the zoning board denied McHugh’s first request.
McHugh, an attorney from Klehr Harrison Harvey Branzburg LLP in Philadelphia, was representing the developer, 1778 Rich Pike LLC. He also asked on behalf of the township’s solicitor, Jeff Worthington.
Many in the crowd, who often couldn’t hear the speakers at the front of Gouldsboro Volunteer Fire Co., asked why.
"There is a potential that the township and the applicant will reach a resolution that addresses the challenge to the zoning rules," Worthington said from the audience.
The hearing was held Tuesday because in April the Doylestown-developer brought forth a substantive validity challenge to the township's zoning ordinance.
"On the basis that the zoning ordinance excludes the following uses: data center, data center equipment, data center accessory uses/structures and private power generation facility, collectively referred to as data center uses,” said Attorney Tom Nanovic, representing the Clifton Twp. zoning board.
The fire hall was packed with North Pocono-area residents, taxpayers and land owners, most of whom oppose plans to build a multi-structure data center on hundreds of acres along Route 380 in both Covington and Clifton townships.
On Thursday, Covington’s zoning board voted 3-2 to add data centers to its zoning. The vote came after a lengthy public hearing with more than 30 people speaking out against the data center.
Developer 1778 Rich Pike LLC has signed a nondisclosure agreement with the company that will run the data center, attorney Anthony Maras said after the Covington Twp. meeting.
In total, the developer wants three properties rezoned in Clifton Twp. — two owned by JCO LLC, who in court documents is represented by Joseph Occhipinti, and one owned by Judge Family Estates LLC.
Clifton supervisors added a zoning amendment to govern data centers in May, a month after the developer filed its challenge. The developer and JCO also filed a procedural validity challenge against Clifton Twp. in the Lackawanna County Court of Common Pleas on June 20. They say the township violated the Sunshine Act — the state's open meetings law, among other procedural problems.
Plans may change
Once the hearing began, Nanovic asked if there was anyone in the audience who wanted to be made party to the proceedings. That meant they would have the right to participate in the hearing and cross examine any witnesses the developer brought forth.
McHugh asked to speak.
"I know everybody wants to get moving with this hearing. The reality is, we made this request for a continuance because we're having discussions with the township about things that may change the plan as a whole. And the reality is... if there's any resolution, there's going to have to be a public meeting of the board of supervisors,” he said.
McHugh said then there will also be public comment. The state's municipal code gives him 100 days from the start of the hearing to complete his case, he said.
The hearing continued. About 10 people requested and were granted party status, due to their properties' proximity to the proposed data center.
Who is 1778 Rich Pike LLC?
McHugh called his witness, Matthew Corrigan, representing 1778 Rich Pike LLC.
Corrigan is also a senior vice president at Binswanger, according to the global real estate company’s website. He’s part of the Philadelphia-based organization's Mid-Atlantic Team and responsible for projects in the eastern half of the state, including Northeast Pennsylvania.
McHugh asked Corrigan if there were still agreements of sale in place for three properties in Clifton Twp. to build the data center.
Corrigan answered “yes.”
Attorney Jack Zelinka represents Barton Brothers, whose 772 acres of land borders the proposed area for the data center in Clifton and Covington townships.
Zelinka asked Corrigan, “Who are all the members of 1778 Rich Pike LLC?”
McHugh objected. He said he didn’t think it was relevant to ask who the members are of the LLC.
“I think the community would just like to know who is this LLC made of? Is it people from the community?” said Zelinka, getting a loud applause from the crowd.
People in the audience shouted: “How long have they been in business?” and “We have the right to know who wants to build this giant thing in our community.”
“Mr. Corrigan is for the limited purpose of authenticating that we've got an ownership interest in the properties that are the subject of the challenge,” McHugh later said.
The board agreed with the objection.
Zelinka then asked if 1778 Rich Pike LLC has ever developed a data center before.
Corrigan answered “no.”
The zoning board had no questions for Corrigan. McHugh again asked that the board adjourn the hearing so he could present other witnesses at a later date. His other witnesses, including the township’s zoning officer, Ron Donati, were not available Tuesday.
That ended the hearing.
Another date and a supervisors meeting
Nanovic asked the parties to come up to choose another date for the hearing. They settled on Sept. 9 and Sept. 30.
Those dates are pending depending on the outcome of the Aug. 21 supervisors meeting, said zoning hearing board Secretary Erin Horrigan.
Supervisors meet for a work session at 6:45 p.m., followed by their regular monthly meeting at 7 at 361 State Route 435, Clifton Township.
