Ordinance to ban data centers recommended by planning board

The Eastport Planning Board has recommended to the city council an ordinance to ban large-scale data centers while not recommending a second ordinance that would require voter approval for new industrial or commercial development of a certain size in the city. The planning board also recommended that the data-center ban ordinance be amended so that it applies not only in the downtown business zone but all zoning districts in the city.

Because the council has adopted a six-month moratorium on data centers, the ordinance could be adopted by the council or approved by voters at the November election and then later be amended by the council, as the planning board recommended. The council is scheduled to consider the planning board's recommendations at its Wednesday, September 9, meeting at 6 p.m. at the Shead High School gym.

More than 40 people attended the planning board's hearing on the ordinances on August 24. Birdy Velveteen, a member of the petitioners' committee that proposed the citizen-initiated ordinances, stated, "Data centers target rural communities with weak zoning laws." She referenced the opinion from the city's legal counsel that the voter-approval ordinance is "unenforceable and unlawful," in part because the city cannot mandate elections via ordinance. Elections can only be called according to rules put forth in the city charter. However, Velveteen commented that the city "should not be scrutinizing the voter initiative more than our local laws." She hoped that the city advances what the community wants and noted that the petitioners are amending the voter-approval ordinance.

Joshua Nicholson, a member of the Eastport Coalition for Healthy Oceans, said the voter approval ordinance is needed "for the next fight." He was concerned that a city council could differ in its opinion on a proposed development from what the community wants. "All voters should have the chance to weigh in," he said. He also noted that the council has the power to introduce any ordinance it would like.

City councillor Karen Raye responded by noting that if an ordinance affects the city's zoning ordinance, then it would still have to be reviewed by the planning board. "That's why we're here. It's not to make it an arduous process. It's to make it a legal process."

Raye felt the data-center ban ordinance is not strong enough, since it appears to refer only to the B1 zone that covers the downtown business district. Also, the size threshold raises questions. "We don't want a data center of any size," she stated, adding, "It's critical we work together as a community."

Raye's point about the city's legal process was echoed by Sarah Strickland of Robbinston, who complimented the city council and the process "being undertaken in reviewing the ordinances to limit the liability of the city" from any legal challenges mounted by the data center developer, DeepGreen Western Passage. Noting the fight over the LNG proposals in the area went on for years, she said, "This will be a long-term battle."

Other people from communities in the area also spoke. Dwayne Tomah of Sipayik hoped that the ordinances align "with the Indigenous perspective where we will protect Passamaquoddy Bay." Noting that the proposal is "an encroachment on our territory," he added, "We shouldn't take this lightly."

Holly Perry of Sipayik stated, "We're surrounded by ancient waters, and they feed your children and grandchildren and great-great-grandchildren to come." Noting that the project would affect not only Eastport, she said, "It will affect everybody."

During the hearing, it was suggested that the developer post a performance bond to cover any costs from potential harm to the fisheries.

The board then voted unanimously to recommend to the city council an amended version of the data-center ban ordinance. Concerning the voter-approval ordinance, the chair of the planning board, Michael Morse, stated, "I think we need to take the attorney's advice," and the board voted unanimously to recommend that the council decline that ordinance.