During a July 15th meeting of Conshohocken’s borough council, the council discussed and agreed to seek party status for the zoning hearing case in Plymouth Township that would see an almost 2 million square foot data center on the former steel plant property at 900 Conshohocken Road in Conshohocken (Plymouth Township).
Obtaining party status in a zoning case grants individuals and entities the legal right to participate in the zoning proceedings, which includes presenting evidence, cross-examining witnesses, and appealing board decisions. Under the Pennsylvania Municipalities Planning Code, being granted party status is generally reserved for property owners who are directly impacted by the application. The zoning applicant is provided the opportunity to object, or not object to someone seeking party status, and the final decision is made by the members of the zoning hearing board.
The discussion was sparked when a resident, Christine Bertino, presented a petition signed by residents and outlined a series of concerns about the potential data center. Bertino stated that she believed that the borough’s attorney could better represent the residents overall than individual residents seeking party status and having to potentially cross-examine expert witnesses. Bertino was joined by several others at the meeting.
Please note that while all members of the council agreed to seek party status, they will need to vote on August 5th to make it official. The borough’s solicitor, Michael Peters of Eastburn & Gray, will represent the borough in seeking party status.
During the initial zoning hearing in Plymouth Township on June 25th, the meeting was dedicated to allowing those seeking party status to come forward for consideration. Granted party status were:
- Plymouth Township, represented by attorney Gregory Heleniak of Clarke Gallagher Barbiero Amuso & Glassman Law.
- Several entities associated with Paul Tornetta, the owner of Tee’s Golf Center, The Proving Grounds, and other properties in the immediate area. The entities are represented by attorney Joe Clement of Wisler Pearlstine.
- Daniel and Lynne Campbell, who own two nearby residential properties, represented by attorney Charles Campbell.
- The Borough of Conshohocken Authority (the sewer system), represented by attorney Michael Dorfschneider of Clarke Gallagher Barbiero Amuso & Glassman Law.
- 12 of 13 nearby property owners/residents (some were granted party status due to proximity and others due to medical conditions) (one person was not granted party status due to distance)
As mentioned above, it will be up to the zoning hearing board to consider whether to allow the borough to seek party status and, if so, to grant it.
The next zoning hearing for the data center is scheduled for August 6th. You can watch the discussion below (it is cued to the start).