Mele Brothers' challenge to Penn Forest zoning returns to the Zoning Hearing Board November 9
The number that mattersUnder the ordinance, cooling that keeps water use under 10,000 gallons a day exempts an applicant from a full water feasibility study; otherwise owners of wells within 3,000 feet, or a larger area of influence, must be notified and can have their wells tested.
- Developer
- Mele Brothers Realty of Glenside, Montgomery County, owns land in the area and filed a substantive validity challenge through attorney Matthew McHugh, who said the company will pursue a data center there either under the new ordinance or through the challenge. Tim Hendricks first came to the township in September 2025 and said he was under agreement to buy 750 acres at Route 903 and Maury Road for a data center.
- Tenant
- No end user has been named. Mele Brothers' attorney said in January 2026 the project was at the feasibility stage.
- Current stage
- Supervisors adopted a data center overlay ordinance (Ordinance 1 of 2026) on March 2, 2026, allowing data centers only by conditional use along Route 903 and Maury Road. On September 1, 2026 the Zoning Hearing Board dismissed a resident's separate challenge to that ordinance for lack of jurisdiction, saying no data center plan has been submitted. Mele Brothers' substantive validity challenge, filed before the ordinance, hasn't been withdrawn and is still before the Zoning Hearing Board, with the next hearing on November 9, 2026. No conditional use or land development application has been reported, and DEP's permit tracker lists the project as proposed with no applications received.
- Decision body
- Penn Forest Township Zoning Hearing Board (Chairman Audrey Wargo) hears the validity challenge. The Board of Supervisors (Chairman Roger Meckes, Vice Chairman Christian Bartulovich) would decide any conditional use application under the overlay ordinance. State permits would come from DEP.
- Top issues
- Groundwater and neighbors' wells; clearing forest on the Pocono Plateau; stormwater; wildlife, including endangered species being verified on the site and freshwater mussels in Bear Creek Lake; noise from cooling equipment and generators; and the risk that a successful validity challenge could let a data center be built with fewer protections. Save Carbon County also says PPL projects in Carbon County are tied to proposed data centers in Penn Forest and Nesquehoning.
- Key opponents
- Save Carbon County, a nonprofit led by president Linda Christman, says it is 'adamantly opposed to any data center in Penn Forest.' Residents have packed hearings at Penn's Peak and sent supervisors a petition against the data center, and a local well driller testified that the aquifer can't support one. State Rep. Doyle Heffley has said he shares residents' concerns, opposes clear-cutting mountainsides for data centers and favors brownfield sites.
- Key supporters
- No public supporters of a data center at this site have been reported apart from the landowner. Supervisors adopted the overlay as what Vice Chairman Christian Bartulovich called 'the least worst option,' saying the ordinance permits a lawful use and doesn't approve any particular data center.
How we got here
Tim Hendricks first came to Penn Forest supervisors in September 2025, saying he was under agreement to buy 750 acres at Route 903 and Maury Road, about four miles from the Lehigh Gorge Scenic Railway, for a data center. Mele Brothers Realty of Glenside, which owns land there, filed a substantive validity challenge arguing the township's zoning excluded data centers before it had defined them, and the Zoning Hearing Board reserved Penn's Peak for hearings. Township officials said the industrial area of about 50 acres, bordered by state game lands and Penn Forest Streams, wasn't enough to satisfy the law, so supervisors and solicitor Tom Nanovic drafted a curative overlay with planner Nanci Sarcinello. They held packed meetings at Penn's Peak on December 29, 2025 and January 12, 2026, hired Thornton Acoustics and Vibrations and BCD H2O Solutions, and held a public hearing on February 24, 2026. On March 2, before a full house at Penn's Peak where a local well driller testified the aquifer can't support a data center, supervisors voted 5-0 to adopt Ordinance 1 of 2026, a 45-page overlay with a 30-acre minimum lot, 1,000-foot setbacks, a 60-foot height limit plus 15 feet for rooftop equipment, a 50 percent cap on woodland disturbance, sound and vibration studies, lighting and visual impact plans, well protections, and the 10,000-gallon-a-day water threshold. News reports put the overlay at roughly 500 to 750 acres. A Zoning Hearing Board session on the challenge was set for March 23, residents sent supervisors a petition against the data center in April, Rep. Doyle Heffley urged siting on brownfields in June, and Save Carbon County said in September that the challenge had not been withdrawn. The next hearing is November 9, 2026.
Update, October 26, 2026. On September 1, 2026 the Penn Forest Township Zoning Hearing Board dismissed a resident's substantive validity challenge to the township's data center ordinance for lack of jurisdiction, finding that no data center plan had been submitted. The separate Mele Brothers challenge stayed pending.