In a remarkable show of unity, over 200 Archbald residents celebrated as their Borough Council unanimously rejected a permit for a controversial data center development. The proposed 18-building campus, set to be constructed adjacent to a borough park, faced strong opposition from the community.
“I’m so happy that the council made the decision that they made,” commented Janessa Bednash, reflecting the sentiments of many after the council’s decisive 5-0 vote.
The motion to deny the permit was initiated by council member Erin Owen and seconded by Joseph Altier. Council President Louis Rapoch and members Marie Andreoli and Tom Aniska, who participated via phone, also supported the motion.
For the past year, residents have actively opposed Archbald I LLC’s project along with five other proposed data center campuses. Bednash expressed disbelief at any alternative outcome, stating, “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.”
How They Voted and Why
Absent from the meeting were council members Dave Moran and Richard Guman, recently voted out of leadership roles. Solicitor James O’Connor later issued a written statement to the developer’s attorney, Jeffrey Esch McCombie, explaining the decision.
O’Connor noted the incomplete record, stating that only two witnesses were presented, leaving no opportunity for the borough or public to contribute evidence or comments. He clarified that the decision wasn’t based on the application’s merits but was necessary to prevent automatic approval due to procedural deadlines.
‘Clerical Error’ Forced Council’s Hand on Timing
The urgency of the decision was due to a “clerical error” by The Times-Tribune, which failed to publish a legal notice for a continued hearing. This error accelerated the decision timeline, as the Pennsylvania Municipal Code mandates a 45-day period to continue hearings, failing which the application would automatically be approved.
Despite the council and developer having the option to extend the deadline, Archbald I LLC refused, setting the Friday meeting as the final opportunity for a decision.
No Response to Request for Comment
Archbald I LLC, formed in Delaware and operating out of Dallas, Texas, shares its address with Provident Data Centers, a division of Provident Realty. The company’s leaders, Leon Backes and Jay Hawes, did not respond to requests for comment from WVIA News.
The Burden of Proof
Residents insisted that Archbald I LLC failed to meet the zoning ordinance requirements. Kim Nudelman emphasized their responsibility to prove that the project would not harm the community’s health, safety, or welfare.
Tamara Misewicz-Healey, leader of the Stop Archbald Data Centers group, cited numerous compliance failures by the developer, including inadequate studies and documentation. Her detailed account was met with enthusiastic support from the crowd.
Madonna Munley highlighted the community’s commitment to preserving their town’s character and future, stating, “We are determined to save our small town atmosphere, our landscape and our commitment to future generations. The developers need to know that we are not going away.”
A Resignation Followed the Win for Residents
Following the vote, Tom Aniska announced his resignation from the council, citing personal health reasons and family discussions. His departure was met with gratitude from the attendees.
