A Substantive Validity Challenge hearing to Penn Forest Township’s zoning ordinance by resident William John Fontaine, represented by attorney William Cluck, was held before the Penn Forest Township Zoning Hearing Board.

The hearing, continued from July, was held at Penn’s Peak.

In January, the Carbon County Planning Commission approved the draft zoning amendment which included performance standards “for data centers that address noise, traffic, energy use and environmental impact unique to data centers.”

On March 2, the Penn Forest Board of Supervisors adopted the curative amendment. Ordinance 1 of the zoning amendment had a new data center overlay district.

Fontaine alleges “that the board abused its discretion and its decision to approve the requested change to the zoning map which violated provisions of the Second Class Township Code, the MPC and acted contrary to the purpose and intent of the Penn Forest Zoning Ordinance and its decision is contrary to Pennsylvania law.”

Zoning Board solicitor Greg L. Mousseau began the hearing by stating that Penn Forest Township solicitor Tom Nanovic filed two motions earlier in the day.

The first was related to jurisdiction, stating that “until an application is made for a data center the board does not have jurisdiction yet.”

The second issue was related to citing previous case law. Cluck moved to continue the hearing until he had time to respond on jurisdiction. Mousseau noted Cluck’s objection and moved to take testimony from interveners, “a third party who joins a legal case because they have a personal stake.”

Nanovic objected to proceeding when they had not done jurisdiction, noting, “Mr. Fontaine lives 2 miles from the property but there has been no application for a data center yet, so we don’t know how it could affect water as Mr. Fontaine claims.”

Eight people lined up to speak as interveners, including attorney Graham Simmons, who represents two homeowners near the property, Jim Pickford and John Wittenberaker, concerned that if the overlay map is thrown out they would have no protection.

Pickford noted, “I will have no protection regarding setbacks. I’m concerned we need an ordinance in place to protect water.”

Nanovic objected, stating, “A data center doesn’t exist, may never exist and if it does, we don’t know in what form.”

Linda Christman, president of Save Carbon County, requested to be an intervener and was told she would need an attorney to represent her. Christman responded, “It is unfair to put out money for a lawyer to have our own interest protected.”

Several other property owners and attorneys spoke to be approved as interveners expressing impact on property values. Nanovic stated, “This highlights the silliness of these proceedings. It’s like Alice in Wonderland, where people are just making things up.” The audience replied with a big round of boo’s”

After about 90 minutes, zoning board members decided that they would continue the hearing and make decisions about who is approved as an intervener on Sept. 1 at 6:30 p.m. at Penn’s Peak.