Over 200 residents stood up and cheered Friday afternoon as Archbald Borough Council denied a data center developer a permit to construct an 18-building campus next to a borough park.
"I'm so happy that the council made the decision that they made," resident Janessa Bednash said after the 5-0 vote.
Council member Erin Owen motioned first to deny the conditional use permit. Joseph Altier seconded the motion. President Louis Rapoch and members Marie Andreoli and Tom Aniska, who called into the meeting, also voted to deny the permit.
Many of those who packed the borough building's third-floor basketball court for the special meeting have been fighting against Archbald I LLC’s project, as well as the five other proposed data center campuses in the borough, since last year.
"I honestly don't see how a different decision could be made, given the fact that the developer is trying to move forward on a technicality versus actually presenting how this is going to meet the conditions," Bednash added.
Representatives from the developer, who also have plans for a smaller data center campus in Archbald, did not speak or appear to be at the meeting.
How they voted, and why
Council members Dave Moran and Richard Guman, who last week were voted out as council president and vice president, respectively, were absent.
Solicitor James O’Connor issued a written decision on the denial later Friday afternoon, notifying Harrisburg Attorney Jeffrey Esch McCombie, who represents the developer.
The record in this matter is incomplete, O’Connor’s decision says. The document says the applicant only presented two witnesses and residents who were granted party status, the borough and the public did not have the opportunity to present evidence or comment.
"This decision is not based upon the merits of the application as the parties have not completed the presentation of evidence and testimony on the record as is necessary to satisfy the requirements of the due process. This decision is made strictly to avoid a deemed approval of the application,” O'Connor wrote.
'Clerical error' forced council's hand on timing
Friday's special meeting was called after a newspaper's "clerical error" put pressure on all parties regarding a decision deadline.
In November, Archbald council added a controversial data center overlay to its zoning laws. Developers looking to build data centers in that overlay have to go through a conditional use permit process, which means they have to prove that the way they want to use the land meets certain conditions.
Archbald I LLC's first conditional use hearing was on Feb. 11. Council was expected to continue the hearing on Monday. However, The Times-Tribune newspaper made what it called a “clerical error” and did not publish a legal notice to advertise the hearing.
“Submitted by the borough solicitor’s law office March 5 to run March 8 and 15, the legal notices would have advertised a hearing March 23 on a conditional use application filed by Archbald I LLC for an 18 data center campus along Eynon Jermyn Road and Business Route 6,” the newspaper wrote in a statement.
The continuation of the hearing was originally scheduled for March 19, but Archbald I asked for it to be moved.
That forced council’s hand to make the decision Friday after the paper’s error.
Under the Pennsylvania Municipal Code, the borough had 45 days to continue the hearing or else the project would be automatically deemed approved and Archbald I could move forward with its plans for the campus on over 400 acres next to Ed Staback Memorial Park.
Both the council and the developer could have agreed to an extension past the 45 days but Archbald I would not, so Saturday became the deadline.
No response to request for comment
According to Pennsylvania’s Department of State, Archbald I LLC was formed in Delaware. The company’s principal address is listed as 10210 North Central Expressway, Suite 300, Dallas, Texas. That is the same address for Provident Data Centers, a division of the Dallas-based real estate development firm Provident.
The data center arm describes itself as “a community-driven data center developer creating win-win partnerships with clients and communities.”
Provident is led by founder and CEO Leon Backes and President Jay Hawes. Backes and Hawes did not respond to WVIA News' request for comment.
The burden of proof
Many residents who spoke during public comment said Archbald I had to prove that its plans fit into the zoning ordinance.
“Under the Pennsylvania Municipal Planning Code, the applicant has the burden to prove that this project will not adversely affect the health, safety and general welfare of the community, and I do not believe they have met this burden,” resident Kim Nudelman said.
Resident Tamara Misewicz-Healey, who helped form the Stop Archbald Data Centers group, spoke last during public comment.
She quoted the zoning ordinance which says “the applicant shall provide the board with sufficient plans, studies and other data to demonstrate this compliance. The burden of proof is on them. If it does not, the application can legally be declined."
Misewicz-Healey ran through a list of items that she said the developer did not comply with.
“Failure to provide mandatory electric capacity letter, failure to provide mandatory public water and sewer capacity documentation, failure to conduct required pre-construction ambient sound study, failure to obtain required approvals for steep slope exemptions, failure to secure fire and emergency official satisfaction for access, failure to consult with police, emergency officials on security plan, failure to provide a full transportation impact study, failure to quantify natural feature impacts …” she said, and continued listing more items.
“Failure to provide that it could protect the character of our town, failure to protect our history, natural resources, failure to protect the health and safety of our town and neighboring towns, failure to protect our constitutional rights to clean air and water, failure to protect our community and its future.”
The crowd roared and Misewicz-Healey walked back to her seat.
Madonna Munley said the community’s responsibility is to look forward.
“We are determined to save our small town atmosphere, our landscape and our commitment to future generations,” she said. “The developers need to know that we are not going away.”
A resignation followed the win for residents
After residents cheered council’s denial, Aniska resigned from council.
“I’m doing what I feel like is in the best interest of my health and physical well being. And after a conversation with my family, and their concerns, I appreciate your understanding and thank you so much,” Aniska said by phone.
The crowd responded with a thank you.
