Upper Merion officials to send solicitor to data center zoning meeting
Upper Merion Township officials have authorized a solicitor to attend an upcoming zoning meeting to formally oppose variance requests for a proposed data center cluster by MLP Ventures. This action follows the supervisors' prior denial of five land development plans by developer Brian O’Neill, who subsequently sued the township and appealed the decision. Community members have vocally opposed the large-scale development due to environmental and other concerns.
Officials in Upper Merion Township, Pennsylvania, have authorized solicitor John Walko to attend an upcoming Zoning Hearing Board meeting to formally oppose zoning variance requests for a large data center cluster. This action, taken by the Upper Merion Township Board of Supervisors on September 10, comes weeks after they unanimously denied five land development plans from MLP Ventures' Brian O'Neill, totaling over 4.6 million square feet. The Board's Chairwoman, Tina Garzillo, emphasized the "precautionary measure" to protect the township's decision and legal standing, as O'Neill had already sued the supervisors and planning commission prior to the August meeting and appealed the board's denial on August 14.
Community members have expressed strong opposition to the proposed data center developments, citing environmental, public health, and nuisance-related concerns. Residents have actively participated in township meetings, leading up to the denial of the preliminary land development plans. Seven identical applications from MLP Ventures for properties on Horizon Drive, Renaissance Boulevard, and River and Swedeland roads are now before the township zoning board.
Solicitor Walko clarified that the appeals are twofold: one challenges a "determination of the township zoning officer" regarding energy generation plans, and the other is a "variance by estoppel," where the developer claims significant investment should prevent the township from denying independent energy generation. Walko stressed the necessity of his presence at the October 21 Zoning Hearing Board meeting to advocate on behalf of the township's position, noting it's not an everyday case for the solicitor to take a position on a variance request.