The first hearing for the proposed data center (application) at the former steel plant at 900 Conshohocken Road in Conshohocken (Plymouth Township) was held before the Plymouth Township Zoning Hearing Board on June 25th. The hearing was held at Colonial Middle School’s auditorium due to the heightened interest in the proposal.
The applicant, an entity associated with developer Brian O’Neill, is seeking a special exception to allow a data center as it is similar in use to uses allowed within the zoning district, such as warehouses, manufacturing, and labs. Some community members have raised concerns about data centers, such as the creation of energy on the site, pollution, water use, and noise.
Before the hearing, it was announced that the first hearing would mainly focus on the procedural issue of determining the parties to the case and some initial testimony. Those who feel they are negatively impacted by the proposal can seek to be a party, which allows them to question the applicants’ experts providing testimony and introduce their own expert testimony. Most importantly, it offers them the opportunity to appeal any decision made by the zoning hearing board and within the court system.
Those seeking party status were categorized as those having legal representation and those without representation.
Plymouth Township is a party to the case and is 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, were granted party status. The entities are represented by attorney Joe Clement of Wisler Pearlstine.
Daniel and Lynne Campbell, who own two nearby residential properties, were granted party status and are represented by attorney Charles Campbell.
The Borough of Conshohocken Authority (the sewer system) sought party status due to concerns about the impact on its infrastructure (it serves a portion of Plymouth Township). It is represented by attorney Michael Dorfschneider of Clarke Gallagher Barbiero Amuso & Glassman Law.
After finalizing those who sought party status who were represented by attorneys, the members of the public not represented by an attorney were reviewed. Thirteen individuals sought party status, and one person was denied due to the distance of their property and the general nature of their concerns. Most lived or owned property within 500 feet of the former steel plant.
With that process completed, the next hearing was announced for July 28th at 7:00 p.m. There is also likely a hearing on July 30th that will be determined at the July 28th hearing. These meetings are also going to be held at Colonial Middle School.
One of the individuals granted party status, Nick Liermann, then appeared at the podium and asked whether the parties would be provided with details on the applicant’s expert witnesses, and other details to help them prepare to cross-examine experts, etc. The zoning hearing board’s solicitor, David Sander of Kilkenny Law, explained that the applicant could provide the requested details if they chose to, but that zoning hearing law didn’t require such information to be provided (which differs from civil and criminal proceedings).
Liermann continued his argument for the need to be provided with the information, and Sander appeared to grow frustrated and ended the conversation, asking if there was a motion to adjourn the meeting (there had been a previous vote to continue the hearing to July 28th). There was then a vote to end the meeting for the evening.
The hearing began with Sander explaining how the hearing would be conducted and stated that people making noise, such as booing and clapping, faced the possibility of being asked to leave. The evening ended with boos and shouts of “shame” at the zoning hearing board following the interaction between Sander and Liermann.
The video above is cued to the start of Sander and Liermann’s interaction.
No testimony was taken during the June 25th hearing.
Photo: Screengrab from Plymouth Township’s video