TOM ponders data center, solar farm

By RACHEL COLEMAN
Posted 4/5/22

“I think this type of use [is] probably the best use that has ever been proposed for this parcel,” said attorney John Cappello during a presentation at the Town of Montgomery Planning …

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TOM ponders data center, solar farm

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“I think this type of use [is] probably the best use that has ever been proposed for this parcel,” said attorney John Cappello during a presentation at the Town of Montgomery Planning Board meeting last week.

Cappello spoke on behalf of the owners of a parcel on Lotocke Drive, off Browns Road. They are proposing a data center—to be contained in a cement structure of about 10,000 square feet—and an approximately 19 acre solar farm.

“Over the years you’ve seen many iterations of potential development of this property,” said Cappello, adding that the most recent proposal was for an auto insurance and auto auction facility. That plan was scrapped due to “land constraints and a lot of concerns raised by the neighborhood.”

“We believe this is a unique opportunity to really address something that has been an ongoing concern of the neighborhoods, given that this has been zoned industrial for a long time,” said Cappello.

According to Cappello, during their previous proposals, a neighbor of the property suggested that they put in a solar farm instead, so they are now running with the idea. The proposed solar farm would be an approximately 5 megawatt community solar farm.

The maximum height of the solar panels would be 20 feet—a height which startled members of the board.
“It’s like the tallest we’ve ever seen,” commented Planning Board attorney Richard Hoyt.

It was explained to the board that the general size of most arrays is 12 feet, but because of the potential for agrivoltaic systems—meaning the land would also be agriculturally farmed around the solar panels—the plan is showing the higher height to allow for the agricultural use to take place.

The applicants are not currently proposing an agrivoltaic system, as they have yet to decide upon a company, but Cappello said the option isn’t off the table.

The “small-scale” data center would have a maximum of five employees, all professional computer technicians.

No battery storage is planned for the data center, but there may be a generator. The data center will not be connected to the solar array as it will not be using or storing the energy generated from the solar farm. The data center and the solar farm are being pursued as two separate and distinct uses for the parcel.

“Either one could exist without the other,” said Cappello.

The trouble however, is whether either use would be permitted once the town passes its proposed Local Law 9, which will revise the town’s zoning code in keeping with the town’s recently updated Comprehensive Plan.

Cappello said he has submitted some amendments to the town’s solar law (with a separate developer and project) to allow agrivoltaic solar systems in Montgomery. Specifically, it would increase the maximum height allowed for the panels to 20 feet.

He has also proposed some “language” that would allow for a data center in a residential zone through a limited special use permit. Conditions would limit the size of the facility and number of employees so that it would “almost be akin to somewhere between a home occupation and a small business.”

Cappello admitted that if the proposed town law is adopted in its present form, the data center would not be permitted in the residential zone—which is why they wanted to bring the proposal before the planning board and start getting comments.

“As of today, it’s permitted as a non-nuisance industry,” said Cappello.

He argued that their proposal was more in keeping with the neighborhood and was a “more beneficial use of the property than a pure residential one.”

The zoning for the property would change to residential under the new local law and Cappello believes that putting in a subdivision of single family homes with all it entails is less attractive than their proposal.

Cappello said that there will be “virtually no noise” and the project would be “the least intrusive on the neighbors.” They would also have “ample” room to screen the project from the neighboring residences.

Other potential issues identified during the meeting is that the data center may have to be shifted from where it is currently proposed to meet lot requirements and the applicants are indicating that they plan to transport the power from the solar panels using poles, but the town requires it to be underground.

Despite the identified challenges to the proposal, Cappello remained optimistic during his initial presentation.

“I think this is a real potential win-win situation,” said Cappello.

National Builders warehouse
The Planning Board moved forward last week on changes to the prior approval for National Builders’ project at 134 Neelytown Road.

About a year ago, the board approved a facility which A. Duie Pyle was to occupy, but that company has since abandoned its plans to move into the facility.

A. Duie Pyle, however, had made promises which were included in the project’s approvals—namely, that they would not use backup beepers on the property.

The property owner has requested an amendment to allow backup beepers, believing that will make the property more marketable as most of the trucks on the road are equipped with the beepers and it is illegal to remove them or shut them off.

At a prior meeting, neighbors of the project objected to making those changes as it would affect their quality of life.

Since that meeting, the applicant provided the board with a noise analysis for a truck backing up to the loading bay closest to the neighboring residences. It found that the impact would be 42 decibels.

The applicants have proposed various measures to protect the neighboring residences, including extending the acoustic block fence they planned to install to wrap around the “end of the northern apron” to present a further barrier between the homes and the nearest loading bays.

The fence will be 16 feet high and sound-proof, made of a sound absorbent material.

The applicant has also stipulated that trucks will enter the property and proceed counterclockwise around the building. Signage is to be installed to ensure that the vehicles move correctly through the site. This will “minimize backup movement” as trucks will only need to back up into the bays and will then pull out and exit to the left.

Trailers will be maneuvered around the site by a yard tractor with a non-tonal back up alarm.
“I think that more than mitigates…any impact that could be associated with trucks in the back using backup beepers,” said Charles Bazydlo, attorney for the applicant.

It was noted that the building itself shields the neighbors after about the first ten bays. In addition, the gate and facility can operate 24/7, so they do not anticipate any issues with trucks stacking up onto Neelytown Road.

The applicant will also conduct a post-construction noise analysis and monitoring. If they are not within certain parameters, they must return to the planning board and figure out a solution to make it quieter.