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Alabama

Law and Order: Woman charged with vehicular assault in connection with Dec. 18 crash

By Howard B. Owens

Joliee P. John, 23, of Batavia, is charged with aggravated vehicular assault, reckless endangerment 1st, endangering the welfare of a child (two counts), aggravated DWI with a child passenger (two counts), and DWI. John was arrested on July 31 in connection with a serious-injury motor vehicle accident that occurred on Bloomingdale Road in the Town of Alabama on Dec. 18, 2025. She is accused of operating a vehicle while intoxicated by alcohol and impaired by drugs, resulting in serious physical injuries to others. She was also issued traffic tickets for reckless driving, speeding, moving from a lane unsafely, and seat belt violations. The investigation was assisted by the GCSO Collision Reconstruction Unit, NYSP Collision Reconstruction Unit, Town of Alabama Fire Department, MercyEMS, Genesee County Child Protective Services, and the Genesee County District Attorney's Office. She was held on $2,500 cash bail.

Andrew Michael Perl, 18, of East Main Street Road, Stafford, is charged with petit larceny. Perl was arrested at 5:04 p.m. on July 31 at 4133 Veterans Memorial Drive, Batavia, by Deputy Kaitlyn Englerth. He is accused of stealing money from a cash register while working at Walmart. He was released on an appearance ticket.

Jackson D. Perkins, 32, of Parkway, Rochester, is charged with criminal possession of a controlled substance 3rd (three counts), criminal possession of a controlled substance 5th, and criminal use of drug paraphernalia 2nd (two counts). Perkins was arrested on July 30 at 14 Otis St. upper apartment, Batavia, during the execution of a search warrant by the Genesee County Local Drug Task Force and the Batavia Police Emergency Response Team stemming from a narcotics investigation. He was held for arraignment.

Joseph L. Barclay, 37, of Park Avenue, Oakfield, is charged with criminal possession of a controlled substance 3rd (two counts), aggravated unlicensed operation 2nd, and failure to stop at a stop sign. Barclay was arrested at 4 a.m. on Aug. 7 on Byron Holley Road in Byron by Deputy Neva Saile. Following a traffic stop, Barclay was found to be in possession of a quantity of cocaine. He was held for arraignment.

Jermain T. Tyson, 26, of Holley, is charged with felony DWI, aggravated unlicensed operation 1st, false personation, and several traffic violations. Tyson was arrested on July 25 following a traffic stop on Clinton Street. He allegedly was operating a vehicle while intoxicated and gave police a false name. He was released on appearance tickets.

William A. Murray Jr., 55, of Fairport, is charged with felony DWI. Murray was arrested on July 25 following a traffic stop on Pearl Street. He was held for arraignment.

Michael W. VanSlyke, 44, of Batavia, is charged with criminal possession of a controlled substance 7th. VanSlyke was arrested on July 24 following a traffic stop on Sumner Street, where he was allegedly found in possession of crack cocaine. He was released on an appearance ticket.

Mary A. McGraw, 39, of Batavia, is charged with criminal possession of a controlled substance 7th. McGraw was arrested on July 28 in Batavia. She was allegedly found in possession of methamphetamine during a probation home visit. She was released on an appearance ticket.

Anthony M. Manara, 35, of Batavia, is charged with harassment 2nd, endangering the welfare of a child, unlawful fleeing from a police officer 3rd, and numerous vehicle and traffic violations. Manara was arrested on July 25 in Batavia. He allegedly was involved in a domestic dispute at a residence on Vine Street, then left in a vehicle and fled when officers attempted to stop him. He was taken into custody after officers deployed spike strips. He was held for arraignment.

Latashia M. Sanchez, 33, of Batavia, is charged with criminal contempt 1st and harassment 2nd. Sanchez was arrested on July 19 in Batavia. She allegedly shoved another person in violation of an order of protection. She was held for arraignment.

Krasheena L. Watts, 30, of Beaverton, Ore., is charged with criminal contempt 2nd. Watts was arrested on July 18 in Batavia. She was allegedly found in a vehicle with another person in violation of an order of protection. She was released on an appearance ticket.

Dustin A. Huffer, 42, of Batavia, is charged with obstructing governmental administration 2nd and harassment 2nd. Huffer was arrested on July 30 in Batavia. He allegedly shoved a police officer who was responding to a report of a fight at Austin Park. He was released on an appearance ticket.

Lisa M. Austin, 39, of Batavia, is charged with criminal possession of a controlled substance 7th. Austin was arrested on July 28 following a traffic stop on Ellicott Street, where she was allegedly found in possession of cocaine. She was released on an appearance ticket.

Gianna E. Williams, 19, of Batavia, is charged with burglary 2nd and criminal contempt 2nd. Williams was arrested on Aug. 2 in Batavia. She allegedly was found inside a residence in violation of an order of protection. She was arraigned and released.

Brian K. Ace Jr., 36, of Wake Forest, N.C., is charged with DWI. Ace was arrested on July 26 following a traffic stop on East Main Street. He was released on traffic tickets.

Trevon L. Armstrong, 41, of Batavia, is charged with petit larceny. Armstrong was arrested on Aug. 1 in Batavia. He allegedly stole a set of vehicle keys and refused to return them. He was released on an appearance ticket.

Taylor R. Bess, 24, of Lockport, is charged with harassment 2nd. Bess was arrested on July 30 in Batavia. She allegedly sent threatening messages to another person on social media. She was released on an appearance ticket.

Tyara J. Davis, 18, of Batavia, is charged with harassment 2nd. Davis was arrested on July 28 in Batavia. She allegedly struck two people during an altercation on Washington Avenue. She was released on an appearance ticket.

Jessica M. Rivera, 42, of Le Roy, is charged with harassment 2nd. Rivera was arrested on Aug. 3 in Batavia. She allegedly shoved another person during an altercation on State Street. She was released on an appearance ticket.

Dennis R. Ramsey, 47, of Batavia, is charged with petit larceny. Ramsey was arrested on Aug. 4 in Batavia. He allegedly stole alcoholic beverages from Tops. He was released on an appearance ticket.

Michael D. Snyder, 54, of Otis Street, Batavia, is charged with criminal possession of a controlled substance 4th and criminal nuisance 1st. Snyder was arrested on July 30 at 14 Otis St., Batavia, during the same search warrant execution. He was held for arraignment.

Colleen M. Hutchinson, 51, of Ross Street, Batavia, is charged with criminal possession of a controlled substance 4th. Hutchinson was arrested on July 30 at 14 Otis St., Batavia, during the same search warrant execution. She was held for arraignment.

Cora L. Lichtenberger, 31, of Golden Pond Estate, Akron, and Willie Lydell Wright, 56, of Progressive Avenue, Buffalo, are each charged with criminal possession of a controlled substance 7th. Both were arrested at 12:20 p.m. on Aug. 1 at 383 Bloomingdale Road in the Town of Alabama by Deputy Alexander Hadsall. They allegedly possessed crack cocaine and drug paraphernalia containing narcotics residue inside a vehicle. Both were released on appearance tickets.

Joshua A. Nichols, 41, of State Route 89, Romulus, is charged with unlawful surveillance 2nd. Nichols was arrested at 5:45 p.m. on July 29 on Attica Road in Darien by Deputy David Moore. He allegedly placed a USB wall-mounted charger containing a hidden camera in a bathroom of a victim's residence. He was held for arraignment.

Nathaniel S. Salverson, 28, of Buffalo Street Road, Alexander, is charged with criminal mischief 4th (two counts) and harassment 2nd. Salverson was arrested on July 29 on Buffalo Street Road in Alexander by Deputy Neva Saile. He is accused of intentionally damaging property and disabling equipment to prevent a request for emergency assistance. He was held for arraignment.

John Byron Lang Jr., homeless, is charged with petit larceny. Lang was arrested on July 30 on South Main Street in Elba by Deputy Nicholas Jennings. He allegedly consumed an alcoholic beverage and exited the store past all points of sale without paying. He was released on an appearance ticket.

Shaun E. Alexander, 20, of Marble Road, Alabama, is charged with DWI with a BAC of 0.18% or more, DWI, and drinking alcohol or using cannabis in a motor vehicle on a highway. Alexander was arrested at 12:04 a.m. on Aug. 7 at the Darien Lake Amphitheater following a property damage accident by Deputy John Garlock. He was released on appearance tickets.

Donald Edward Ford Jr., 52, of Perry Road, Pavilion, is charged with criminal contempt. Ford was arrested on Aug. 4 on Perry Road in Pavilion by Deputy Nicholas Jennings. He allegedly went to the residence of a protected party in violation of an order of protection. He was held for arraignment.

Alabama Solar Park project slated to apply for siting permit

By Press Release

Alabama Solar Park LLC was expected to apply, on Monday or after, for a siting permit allowing construction and operation of a solar farm of up to 130 megawatts.

 

Alabama Solar Park leased about 2,000 acres of land for the $117 million project, with 550 acres to be used for solar energy infrastructure. The proposed solar energy generation facility would be on land in the towns of Alabama, Batavia and Oakfield.

According to a legal notice, the facility is a zero-emission solar energy facility that will assist the state in meeting the goals of the Climate Leadership and Protection Act and State Energy Plan, which includes obtaining 70% of energy generation from renewable sources by 2030 and significantly reducing greenhouse gas emissions.

"Other positive impacts of the facility include diversification of energy supplies, new employment opportunities (both temporary construction and full-time employment), increased revenues to the towns of Alabama, Batavia, and Oakfield, Genesee County, and school districts, payments to participating landowners, support of the local hospitality industry, and purchase of local supplies and goods," the notice read. "In addition, the prospective applicant has attempted to avoid and minimize impacts associated with the facility, for example, by limiting impacts to cultural resources and wetlands to the maximum extent practicable. The prospective applicant will submit an application that includes extensive studies evaluating the potential impacts associated with the facility and identified methods which have been agreed to be implemented to avoid, minimize and mitigate potential impacts."

More information about the proposed facility is available at https://www.edp.com/en/north- america/north-america/projects/alabama-solar-park; on the Office of Renewable Energy Siting and Electric Transmission (ORES) website (https://dps.ny.gov/ores-permit- applications; or by contacting Alabama Solar Project, Attn: Rachel Smith, 1501 McKinney Street, Suite 1300, Houston, TX 77010, (716) 349-1629 or by email at rachel.smith@edp.com. Hard copies of the application, when filed, will be available for review at the following locations: Corfu Public Library, 7 Maple Avenue, Corfu; Haxton Memorial Library, 3 N. Pearl St., Oakfield; and Richmond Memorial Library, 19 Ross Street, Batavia.

Coalition urges DEC to withhold permits for STAMP data center project

By Press Release

Press release:

A coalition of New York state senators, Assembly members, and leading environmental, climate justice and civil rights organizations today issued a joint letter commending the New York State Department of Environmental Conservation (DEC) for its rigorous oversight of the proposed STREAM U.S. Data Centers "BUFA Double Reed" project at the WNY STAMP mega industrial site in Genesee County, while simultaneously urging the agency to withhold any permits or approvals until critical environmental and cultural review requirements are fully met.

The sign-on letter, backed by elected officials and a broad cross-section of organizations across New York, highlights DEC's recent actions as a "meaningful turning point" in ensuring accountability for large-scale industrial development, particularly in relation to the Tonawanda Seneca Nation and surrounding environmental justice communities.

"DEC has demonstrated appropriate and warranted rigor in its review of this project," the signatories wrote. "We urge the agency to continue this precedent by refraining from issuing permits to STREAM unless and until a complete site plan application is provided and all environmental and cultural impacts are fully assessed."

A turning point for environmental review

The coalition points to several key actions by DEC as evidence of strengthened environmental oversight:

  • Directing, for the first time, a Supplemental Environmental Impact Statement (SEIS) for the entire STAMP site and for hyperscale data centers specifically — responding to a decade-long demand from the Tonawanda Seneca Nation.
  • Requiring that environmental review include analysis of noise impacts, construction and operational effects, and cumulative impacts.
  • Affirming that environmental review cannot be completed without assessing cultural and environmental justice impacts on the Tonawanda Seneca Nation.

The letter also underscores DEC's application of the Environmental Justice Siting Law (EJSL), the Climate Leadership and Community Protection Act (CLCPA) and Commissioner's Policy on Environmental Justice (CP-29) to the proposed project.

Concerns over incomplete applications and environmental risks

Despite this progress, the coalition raises serious concerns about the project's readiness and transparency. Signatories emphasize that STREAM has yet to produce a complete site plan and has not fulfilled key study commitments, including a promised noise analysis.

The letter also cites newly disclosed concerns regarding geotechnical engineering and stormwater management requirements, reinforcing the urgency of withholding permits.

The coalition specifically calls on DEC to deny or delay approvals related to:

  • Stormwater Pollution Prevention Plans (SWPPPs)
  • Wastewater infrastructure design and sewer extensions
  • Air permits or alternative backup power systems
  • Permits related to impacts on threatened or endangered species, including bald eagles

Wetlands and Indigenous sovereignty

Signatories also praise DEC's enforcement of the Freshwater Wetlands Act, including its directive requiring updated wetlands delineation at the STAMP site. They urge swift completion of this process and call on DEC to conduct a formal Part 182 Jurisdictional Determination, as requested by the Tonawanda Seneca Nation.

"DEC's actions reflect long-overdue recognition of the Nation's concerns and the legal protections afforded under New York state law," the letter states.

A statewide call for accountability

The coalition frames this moment as a precedent-setting test for how New York will regulate energy-intensive hyperscale data centers, particularly in disadvantaged communities.

"We hope that climate and environmental justice groups across the state can trust this precedent to continue," the signatories wrote, emphasizing the importance of consistent enforcement of environmental laws and protections.

Signatories

New York State Senate: Liz Krueger (28th S.D.), Samra Brouk (55th S.D.), Cordell Cleare (30th S.D.), Leroy Comrie (14th S.D.), Patricia Fahy (46th S.D.), Nathalia Fernandez (34th S.D.), Kristen Gonzalez (59th S.D.), Andrew Gounardes (26th S.D.), Michelle Hinchey (41st S.D.), Brian Kavanagh (27th S.D.), Rachel May (48th S.D.), Gustavo Rivera (33rd S.D.), Julia Salazar (18th S.D.), James Sanders Jr. (10th S.D.), Luis R. Sepúlveda (32nd S.D.), José M. Serrano (29th S.D.), Lea Webb (52nd S.D.)

New York State Assembly: Dr. Anna Kelles (125th A.D.), Phara Souffrant Forrest (57th A.D.), Emily Gallagher (50th A.D.), Deborah J. Glick (66th A.D.), Judy Griffin (21st A.D.), Rebecca Kassay (4th A.D.), Karen McMahon (146th A.D.), Steven Raga (30th A.D.), Linda B. Rosenthal (67th A.D.), Tommy John Schiavoni (1st A.D.), MaryJane Shimsky (92nd A.D.), Sarahana Shrestha (103rd A.D.), Jo Anne Simon (52nd A.D.)

Organizations:

  • Ian Piercy, chairman, WNY Delta Waterfowl
  • Andy Mager, coordinator, Syracuse Cultural Workers
  • Lanessa Owens-Chaplin, Esq., director, Racial Justice Center, New York Civil Liberties Union
  • John Keevert, co-chair, Environmental Justice Ministry of First Unitarian Church of Rochester
  • Stephan Edel, executive director, NY Renews
  • Lee Cridland, organizer, Syracuse Peace Council
  • Anne Petermann, executive director, Global Justice Ecology Project
  • Ruth Marchetti, chair, Rochester Area Interfaith Climate Action
  • Kim Fraczek, director, Sane Energy Project
  • Jack Coad, president, Erie County Federation of Sportsmen's Clubs
  • Anna Castonguay, co-chair, Western New York Environmental Alliance
  • Maryanne Adams, conservation chair, Onondaga Audubon
  • Logan W. Cole, secretary, Genesee County DSA
  • Chris Murawski, executive director, Clean Air Coalition of WNY
  • Sister Dolores O'Dowd, coordinator, Green Orleans
  • Dick Kornbluth, coordinating committee, CNY Solidarity Coalition
  • Erin McGrath, NYS policy director, National Audubon Society
  • Caroline Chen, director, Environmental Justice, New York Lawyers for the Public Interest
  • Adam Flint, director of clean energy programs, Network for a Sustainable Tomorrow
  • Anthony Torres, communications director, Get Free
  • Xaver Kandler, political director, For The Many
  • Laurel Tumarkin, policy director, Climate Families NYC
  • Sara Gronim, co-leader, 350Brooklyn
  • Brian Eden, policy coordinator, Campaign for Renewable Energy
  • Taylor Jaffe, program manager, Catskill Mountainkeeper
  • Graham Hughes, director of policy & advocacy, Climate Solutions Accelerator of the Genesee-Finger Lakes Region
  • Holly Rockwell, director, Office of Justice, Peace & Care for Creation, Sisters of St. Joseph of Rochester
  • Alan Cole, climate liaison, Third Act Upstate New York
  • Heidi Beutler, volunteer, Color Rochester Green
  • Aaron DeRuyter, president, Seth Green Chapter of Trout Unlimited
  • Avalon Akashi, hub coordinator, Sunrise Movement NYC
  • Stephanie Mejia, executive director, WNY Peace Center
  • Monique Fitzgerald, climate justice & campaign's director, Long Island Progressive Coalition
  • Ethan Gormley, legislative coordinator, Citizen Action of New York
  • Clarke Gocker, senior director of movement building, PUSH Buffalo
  • Karen Berger and Lucas Barber, co-presidents, Color Brighton Green
  • Alison Wade, co-treasurer and Indigenous solidarity coordinator, Showing Up for Racial Justice (SURJ) NYC
  • Kate Bartholomew, chair, Sierra Club Atlantic Chapter
  • Carol Hinkelman, policy committee co-chair, Federation of Monroe County Environmentalists
  • Carlton Huff, organizer, Metro Justice

Sierra Club, Tonawanda Seneca Nation sue over STAMP zoning agreement

By Press Release

Press release:

The Sierra Club and Tonawanda Seneca Nation filed suit today in State Supreme Court challenging a zoning agreement between the Town of Alabama and the Genesee County Economic Development Center (GCEDC) to facilitate industrial development at the WNY Science and Technology Advanced Manufacturing Park (STAMP) in Alabama, NY.

The suit alleges that the zoning agreement, which prevents the Town from making changes to its municipal zoning laws and comprehensive plan absent GCEDC approval, violates state law prohibitions against bargaining away legislative discretion and binding future Town Boards. Because the agreement is void, the suit alleges that zoning rules based on it are void as well. The suit seeks a court declaration that the agreement and associated zoning rules are void, and asks the court to annul the agreement and the zoning framework it creates. If successful, the action would restore the Town Board's ability to adjust zoning rules at STAMP, as it can in the rest of the Town.

"Local residents, including Sierra Club members, have asked the Town to protect their community from STAMP noise and pollution by enacting stronger zoning laws, and the Town has responded that their hands are tied by this agreement," said Diane Ciurczak, vice chair of the Sierra Club Atlantic Chapter. "That's not right, either for the community or for the planet."

"Our people share many of the same concerns as our neighbors in the Town of Alabama," said Chief Roger Hill, Snipe Clan sachem of the Tonawanda Seneca Nation. "This zoning agreement makes it impossible for the people who live here to protect their community and the environment we all share."

Despite nearly 20 years of effort and more than $410 million in taxpayer subsidies, GCEDC has struggled to attract viable tenants or to construct basic infrastructure at STAMP. GCEDC and the Town of Alabama Planning Board are currently reviewing a proposal from STREAM U.S. Data Centers to site a 2.2 million-square-foot, 500-megawatt hyperscale data center at STAMP.

The Sierra Club is the largest and oldest environmental nonprofit organization in the United States, and its Atlantic Chapter has about 37,000 members throughout New York state. The Tonawanda Seneca Nation is a traditional Haudenosaunee Nation whose treaty-protected Reservation Territory borders the STAMP site.

Photos: 82nd Strawberry Social at Indian Falls Global Methodist Church

By Howard B. Owens
indian falls global methodist church strawberry social

For the 82nd time in its 160-year history, the Methodist church in Indian Falls hosted its annual Strawberry Social on Wednesday evening.

There is more to the event than strawberries, shortcake and whipped cream. There was also a chicken BBQ, hot dogs and beans, a bake sale and a live auction along with live music and, of course (it is a social, after all), plenty of socializing.

Indian Falls Global Methodist Church will host an outdoor worship service on July 5. The service will be followed by backyard games, face painting, kickball, and inflatables.

Photos by Howard Owens

indian falls global methodist church strawberry social
indian falls global methodist church strawberry social
indian falls global methodist church strawberry social
indian falls global methodist church strawberry social
indian falls global methodist church strawberry social
indian falls global methodist church strawberry social
indian falls global methodist church strawberry social
indian falls global methodist church strawberry social

Alabama board passes moratorium on battery energy storage systems

By Brian Quinn
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Dave Bencic, left, listens to a response to his question from Alabama Town Supervisor during Tuesday's public hearing. Photo by Brian Quinn

The town of Alabama has a moratorium in place on battery energy storage systems while it reviews its regulations on the matter.

Town Supervisor Rob Crossen said the local law is in effect for six months. It ends Dec. 31.

Wendel Companies, the engineering firm working with the town, will have more time to propose changes the town would like to make.

"Which is basically taking the battery storage law out of our zoning law and putting it into town law. That has some benefits to the town," he said.

The law approved at Tuesday's meeting states that the moratorium will allow time for town officials to review, clarify, amend and update the town’s regulations for the development of commercial battery energy storage systems in the town. Also, the moratorium allows the town to adopt regulations it feels are necessary to promote and preserve the health, safety and welfare of the town and its citizens. The full text of the law may be found at townofalabama.gov, the town's website.

During the public hearing, Dave Bencic asked, in part, whether the moratorium would be any good, saying solar companies can do whatever they want, regardless of town law.

"It's not as bad a situation as we are in with the solar law," Crossen said. "A large solar project comes in, with a battery storage system attached to it, it goes through ORES (the state Office of Renewable Energy Siting and Electric Transmission) and is part of the ORES project. If it comes in a stand-alone, I understand it has to go through our local town law."

Nina Ballou of Wendel Companies said Wendel recommends moving the battery storage law out of town law because of what it saw happening with solar projects.

"The way they were kind of circumventing local zoning laws was by arguing they were public utilities. If you argue you're a public utility, you're automatically granted a variance. To try to protect the town's laws and best interests, we started encouraging towns to adopt solar laws outside of that, so they couldn't apply for zoning variances. So far, it's worked well," Ballou said. "Similarly, because we see the battery storage process following in the footsteps of the solar process, we think there is widely going to be - and we've seen it already - battery energy storage developers arguing that they're public utilities, to avoid zoning laws."

The recommendation is that Alabama adopt this law outside of its zoning laws so that someone can't necessarily apply for a zoning variance, she said.

Also on Tuesday, Crossen talked about EDP Renewables North America LLC's proposed Alabama Solar Park, a roughly $117 million solar project in the towns of Alabama, Oakfield and Batavia. Crossen said his understanding is that EDP is going to make an application on July 27 to the state.

"The three towns, along with the county, have hired one attorney (Ben Wisniewski) ..." he said. "At this point, I react to whatever questions the attorney might have, so there's really nothing new on that for us. It's going to go to the state ORES system, and we'll see.

The town supervisor said that in January, EDP's project manager stated that EDP was willing to proceed with a limited site plan approval.

"I'm not sure how that looked or how we could even accept a limited site plan approval," Crossen said with a smile. "We have no way to say, 'We'll look at it a little.' I did provide that information to the attorney. He was interested to know."

Ballou said Wendel Companies helps with many solar projects similar to the ones it's doing in Alabama.

"We have seen ... out of nowhere, the solar companies are reaching out to the local municipalities to ... have some sort of limited site plan review. I think it's coming from the state urging the companies to become more community-oriented," she said. "We'll see."

Also, on Tuesday, the board voted to accept the resignation of Town Historian Dawn Fisher, effective June 30, only to reappoint her, effective July 6. Fisher will be retiring as a teacher at Oakfield-Alabama.

Crossen explained that the resignation was necessary due to the state retirement system.

"You cannot be a part of the retirement system, be an employee of the government ... and retire, so she has to resign from her historian position while she retires and then we reappoint her," he said. 

GCEDC calls proposed data center moratorium an infringement on local decision-making

By Press Release

Press release:

The proposed data center moratorium legislation is yet another effort by the New York State Legislature to thwart home rule and local decision-making, according to the Genesee County Economic Development Center.

"In this instance, the data center project at the Science & Technology Advanced Manufacturing Park (STAMP) in the town of Alabama could potentially have shovels in the ground in a matter of weeks, pending local government approvals.

"The legislation requires the development of regulations to mitigate environmental impacts and to assess any cost increases to electricity customers due to power consumption.

"The proposed STREAM US Data Centers project is undergoing a thorough and rigorous environmental review.

"It has already been established that electric usage would not have any impact on residential utility bills, water consumption and discharge would be minimal due to a closed loop cooling system, the backup power source consists of a single propane generator per building, there would be minimal displacement of wildlife and while up to three studies are ongoing to assess noise impacts, information to date indicates that noise levels would meet all applicable local noise thresholds.

"If this legislation passes and prevents this development from moving forward at this stage, it would be an egregious infringement on our local decision-making rights."

Further reading, WXXI: New York eyes nation-first moratorium on data centers

Engineers highlight STREAM Data Centers site plan conditions

By Brian Quinn

 

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Planning Board member William McGorray listens to a reply from Rob Klavoon of Wendel Companies. Photo by Brian Quinn
Engineers have updated the Alabama Planning Board on potential conditions when considering approval of the proposed $19.46 billion STREAM U.S. Data Centers project - conditions addressing noise and traffic and a memorandum about a heat island.
 
The 3 1/2-page document listing conditions is a draft, Rob Klavoon and Nina Ballou of Wendel Companies, the engineering firm working with the town, said during Monday night's Planning Board meeting.
 
Planning Board Chairman Carl Kumpf said after the meeting that there is no deadline for a board decision on the site plan. The project, to include three data center facilities, is proposed for the 60-acre North Campus and 30-acre South Campus on Crosby Road at the Western New York Science & Technology Advanced Manufacturing Park (STAMP).
 
"Absolutely not. I have no expectations," Kumpf said of a timeline for a Planning Board vote. "I want Wendel, the town, the applicant (Texas-based STREAM U.S. Data Centers) to supply us with all the pertinent information they have so our board members - the whole board - can review it. I don't care how long it takes."
 
The board's job is to work with Wendel Companies.
 
"As issues are brought up and as issues are discussed, they have their checklist, we have our checklist to go through," Kumpf said.
 
The draft of possible conditions of approval, dated May 26 and available on the town's website, also covers grading/topography, stormwater, utilities, safety, noise, traffic access and construction. For example, under grading/topography, the limits of construction must be clearly demarcated in the field and approved by the code enforcement officer before construction starts. Erosion and sediment control measures shall be regularly inspected throughout construction. Final grading must be consistent with approved plans and can't create offsite drainage impacts or altered flow patterns to adjacent properties.
 
Under stormwater conditions, the town engineer must approve stormwater pollution prevention plans and they must comply with the state Department of Environmental Conservation (DEC) State Pollutant Discharge Elimination System (SPDES) permit before any clearing, grading or building permit is issued.
 
Utility conditions include one stating construction lighting must minimize glare and light going onto adjoining properties and public roads as much as possible. Under safety conditions, STREAM must give the town and the Alabama Volunteer Fire Department satisfactory documentation showing the project complies with all applicable hazardous materials, petroleum storage, spill prevention and emergency response requirements necessary for occupancy and operation of the facility.
 
One of the conditions would require annual noise readings, taken at the town's direction, to show the project complies with established standards. If the project doesn't meet those standards while the data centers facility is running, STREAM must get the Planning Board's approval for mitigation measures.
The Town Board must negotiate and agree to a traffic management agreement for construction traffic routes.
 
Monday's meeting included updates from Wendel Companies on issues such as noise, traffic and a heat island discussion.
 
Klavoon said Wendel received a sound study submitted by STREAM on Wednesday, May 27, which then went to Planning Board members. Wendel's acoustic consultant received the study Thursday and is still reviewing the findings.
 
"He is offering opinions on the completeness and the findings of the sound study provided by STREAM," Klavoon said to the board. "As soon as we have that, we will certainly forward that on to you."
 
Klavoon said that both the Genesee County Economic Development Center (GCEDC) consultant (GHD) and Wendel's consultant have a number of comments. He said he doesn't have an opinion from Wendel's/the town's consultant (Aurora Acoustical Consultants, Inc.) on whether the findings are accurate.
 
"As soon as we do, I'm certainly thinking that at the next work session, we'll discuss that in greater detail on what he found," he said, referring to Ramboll, STREAM's acoustic consultant.
 
Board member Brett Naas noted that with low-resolution sound, noting the Occupational Safety and Health Administration (OSHA) and the state Department of Labor have thresholds.
 
"Is there something low-frequency, sound-wise, standard, that's used?" he said. 
 
At the May 18 Planning Board meeting, Kevin Peterson of Ramboll, the engineer working with STREAM, said they have have voluntarily taken a reduction in the allowable limits in receptors of 5 decibels.
 
"They were applying a 5 db (decibel) reduction to try to be more conservative as well as be have the impact be less in adjacent areas," Klavoon said.
 
Regarding traffic, there was a question on the impact study done in 2010 during preparation for the STAMP site developed compared to that data today.
 
"The first value is from the 2010 impact study, the average daily traffic count, both northbound and southbound. The second one is from the GBNRTC (Greater Buffalo-Niagara Regional Transportation Council) 2025 data. That's the latest that we have," Klavoon said. 
 
From 2010 to 2025, there was an increase of roughly 300 cars going north on Route 77. The southbound data show an increase of about 230 cars. Over 15 years, the average is less than 1% of growth in that traffic.
 
"That was a question that was answered as far as, 'Are we using accurate information on that baseline and has it really exploded in the last 15 years?'" Klavoon said. "Truly, there has been an increase, but not what I feel is a significant one."
 
The second set of information is about the number of trips generated based on an impact statement.
 
"Based on traffic information in an April 6 memorandum from STREAM and the number of employees that are there, you're looking at 130 in the morning and 115 in the afternoon for the North Campus and then 65 and 58 for the South Campus," he said. "Based on looking at those two points, looking at the historical data of trips and traffic counts in the area and the 77 corridor, and then also the specific number of trips that are going to be generated for this project, it's really a minor impact on what is there and what is proposed."
That's based on total buildout, Klavoon said.
 
Board member Lorna Klotzbach said a question about construction traffic came up previously.
 
For proposed conditions on routes that need to be used, there was talk about video monitoring and surveillance for trucks, to capture trucks' license plates in case there's an issue.
 
"Those types of details are still being worked out - how to address the truck traffic that is not adhering to construction routes," Klavoon said.
 
There would also be the road-use agreement between the county and STREAM, and construction management and transportation plan, which will be incorporated into the host agreement.
Board member William McGorray asked who would oversee that.
 
"Wendel and the code enforcement officer would work together on staffing to make sure that any complaints that come in, whether they come directly to us or they go to Becky (Borkholder, Planning Board clerk) and then get forwarded to us, we're going to figure out that communication so that it's addressed," Klavoon said.
 
"It's also the tailgate-slamming. It's the early-morning startups, the late-night working ... all that stuff," he said. "In order to give an opportunity for the public and other folks to just get directly to us instead of having to go through three people to get to the right person so that it gets addressed. We need to work on those details."
 
There is someone other than Zoning/Code Enforcement Officer Mike Morris working on this project, Town Attorney Mark Boylan and Klavoon said.
 
"The Town Board appointed a code enforcement officer, specific for this project, to monitor this and work with our engineering team to handle the construction management piece of the project, working with the applicant during the process," Klavoon said.
 
Early in the update on the STREAM project, the board discussed a heat island - which STREAM explained in a memorandum to the Planning Board, Klavoon said. STREAM Design Manager Colm Curran said the site doesn't have the heat island effect. NASA defines the urban heat island effect as cities and developed areas experiencing significantly higher temperatures than surrounding rural regions.
 
"We're limited in paving and concrete. We have a reflective roof service," Curran said of the proposed data center buildings. "That's a white or light-colored surface that kind of reflects heat."
 
Curran responded to a question about heat and the rooftop chillers proposed for the project.
 
"The heat off the chillers is dissipated through the air, so it's not heat radiating back onto a surface or ground," he said. "You wouldn't see any rise in temperatures at ground surface as the result of anything coming off the chillers."
 
Regarding green space at the site, Curran said 55% of the North Campus site consists of impervious surfaces such as concrete or asphalt and 45% of landscaping or stormwater ponds. On the South Campus, about 58% is impervious surface and 42% landscaping.
 
Klotzbach said there was a question in a public hearing earlier this year about creation of a "heat sink" and asked what the definition of a "heat sink" is. Klavoon said he would find out its definition for the board.
 
"It's not a term that we typically use in construction or in everyday life. I just don't know what the real (meaning) of a 'heat sink' is," McGorray said.
 
Board member Terry Thompson asked what timeline the Planning Board is looking at for a site plan decision. Mark Boylan and Kumpf say there is no specific timeframe.
 
"The intention would be that any decision the board would make, that there's supporting documents that support that decision - the sound study, the engineering approval memo, the SEQR (State Environmental Quality Review) memo, the findings statement, the conditions," Klavoon said. "All of that would be package that would support a potential decision 'Yay' or 'Nay' by the Planning Board.
 
"We are writing it as if it was the Town Planning Board's opinion. If you disagree with something we state, we need to know that so that we can come to a better conclusion, wordsmith it, remove it ... I feel that the next meeting that we have, we are going to be going through all 3 1/2 pages of these conditions. We would hopefully have the noise study opinion and a lot of these items will get answered - the heat sink, the sewer flows and we'll clean up all the other documentation."
 
The next scheduled Planning Board meeting is 7 p.m. June 15 at the Alabama fire hall.
 
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Demonstrators gather outside the Alabama Town Hall Monday before the Planning Board meeting. Photo by Brian Quinn

Town of Alabama planners OK deer meat processing business

By Brian Quinn
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Judge Road resident Aaron Swimline answers questions about the deer meat processing business he plans to run on his property. Photo by Brian Quinn

 

A Judge Road man has the town of Alabama's permission to run a deer meat processing business at his residence, with one neighbor writing with her concerns and asking the Planning Board not to approve it.
 
Aaron Swimline received a special use permit for a business in a pole barn at his home, 1805 Judge Rd. According to the town zoning law, he had to reduce the proposed sign from 9 square feet to the maximum allowed size of 6 square feet. Board approval followed a public hearing.
 
Swimline said he would run the business from about September to January, during hunting season.
 
"The obvious question has to be asked - what about timeliness of disposal? What about odor? What about flies? What about containment?"
 
Swimline said everything will go into containers. For trash management, Swimline said, he'll use dumpsters during the cold weather. The dumpsters he uses during the winter would be outside his shop. During warm weather, he would take the remaining waste to his friend's farm every day rather than keeping it at his property. 
 
"There's no smell because it's frozen and there's only bones, usually, when I'm done," he said. "It freezes in the Dumpster because it's wintertime. If it's warm out, it gets removed right away. I take it to a friend's private farm miles away. He owns hundreds of acres. Then, we cover it and compost it. Then, he spreads it the next year."
 
Swimline said he would put the waste in barrels and his brother would take everything to his farm in his brother's truck.
 
ARG Disposal & Transfer in Lockport has containers that are sealed, Swimline told the board.
 
"They put a liner inside of it and they just close the lids. They actually double-wrap them ... It's got a liner and seals it right up. All different sizes - 10-yard, 20-yard, 40-yard. Then, they pick it up weekly, daily, whenever I need it done."
 
Planning Board member Lorna Klotzbach said the board received comments from a neighbor fearing that odor and flies would be a problem.
 
"I wouldn't want that around my house, so that's not going to be an issue," Swimline said, noting he lives there as well and that the property is well-maintained.
 
"I clean everything up daily with soap, bleach - remove all waste that's even around," he said.
 
Board Chairman Carl Kumpf said Swimline's neighbor, Stephanie Gilbert, submitted a letter to the board because she couldn't attend Monday's meeting.
 
"I am writing to ask that you vote 'No' to Aaron Swimline's asking to use his property as a meat/butcher shop. Actually, my property is on the east, north and west of the property, but my house is on the east side," Gilbert wrote.
 
She said there were many reasons the board should vote against Swimline's application.
 
"First of all, research shows that opening a butcher shop next to a residence can drop those property values by 15 to 50%. Some research shows a decrease even higher, at 26 to 88%. If there is a chance that this would happen, it would be horrible to my home," she claimed. "I have a friend who is a butcher in Attica. The smell from the Dumpster is putrid and the flies are horrible."
 
A board alternate asked whether there is any documentation to support the statistics Gilbert presented in her letter. Kumpf said the board didn't have any.
 
If Swimline is planning on spraying something to deal with the smell and flies, those chemicals will drift into her home, Gilbert wrote.
 
"The wind mostly blows from west to east. It would be a constant smell and nuisance to my home," she wrote. "If this has a potential to move forward, I will be hiring an attorney to fight for my property. The odors alone from meat processing, waste storage and smoking will ruin my home and my property value."
 
Kumpf asked Swimline if he planned on smoking any meat on his property, to which the latter said he doesn't. He would handle the processing quickly.
 
"Mr. Swimline, just out of curiosity, do you have coolers and freezers within the building?" Klotzbach asked. 
"Yes, everything is inside. When I'm done, it goes to wherever I compost it, in the Dumpster if it's cold," he replied.
 
Drew Reilly of Wendel Companies, an engineering firm working with the town, said the town's zoning/code enforcement officer, Mike Morris, will review to make sure Swimline follows any conditions the board puts on the special use permit.
 
"He's going to inspect it yearly to make sure he's (Swimline) operating in accordance with the permit. If he found any problems, then you could always have the special use permit removed," Reilly told the board.
 
Kumpf said the inspection would likely be once each fall.
 
"Unless there's a complaint, then he (Morris) would have to get a hold of you," he told Swimline.
 
Klotzbach said at the property at which she used to live and where her mother still lives, there was a wild game processing facility next door. Klotzbach never smelled any odor coming from it.
 
"I do know it's possible to run a proper (meat processing business)," she said. "The idea of it, on paper, sounds like it could be horrifying, but, to be fair, I'd have to say that I know it can be done. In a rural community such as ours, processing deer is an important fact of life - and a helpful one, that people eat it and people use it to survive."
 
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Planning board members approved the deer meat processing business proposal at Monday night's meeting after some discussion. Photo by Brian Quinn

Local leaders', residents' relationship tested at Alabama Town Board meeting

By Brian Quinn
 
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Protesters gather along Judge Road between the Alabama Volunteer Fire Department and the Town Hall Monday.

 

The relationship between the Alabama Town Board and town residents came up early in Monday's meeting as "privilege of the floor" lasted almost an hour and 15 minutes.
 
Discussion was mostly about the $19.46 billion data centers project proposed for the (Science & Technology Advanced Manufacturing Park (STAMP) site.
 
RaeAnn Engler of Batavia directly asked the board. How many of its constituents have board members spoken with who know what a data center is and want the STREAM U.S. Data Centers project here.
 
Town Supervisor Rob Crossen said that was a hard question to answer.
 
"A lot of people will not speak in public that are for it," Crossen said. "I'm not seeking out people that are for it. I'll speak to anybody that wants to speak to me, but I'm looking at what the law is and what the zoning law is and what we're supposed to be doing and reviewing town law constantly (about) what we should be doing next."
 
The people who have spoken in favor of the project at recent public hearings have been booed, Crossen noted.
 
"My question to you is, as the town leader, as constituents, as friends, to the people who live around you, who have you spoken with who doesn't benefit from this entity, that isn't going to get a job from working at it? Who wants it here?" Engler asked.
 
Mark and Cheryl Cordes of Alabama, along with William Penepent, took it upon themselves to knock on doors recently, Mark Cordes said.
 
"We got 165 people who were against, six who were for it," Mark Cordes said, holding up papers with names on them.
 
Cheryl Cordes said there were 15 others who said they couldn't sign because they are related to a Planning Board member, Town Board member or work at the Oakfield-Alabama Central School District.
 
"They were afraid of retaliation," she said.
 
Mark Cordes said, those people felt they couldn't, in good judgement, sign the paper. There were about 100 residences they went to where people weren't home.
 
"We hit about 250 doors - a lot of adamant people who were against it," he said. "Of course, since January of this year came, it came into people's sight. They were given this opportunity just recently. I know it's maybe too little, too late, but there's your answer."
 
Crossen said he hopes people understand that the board is holding STREAM U.S. Data Centers' feet to the fire as much as it can, to make sure the company meets zoning requirements and the criteria in the Environmental Impact Statement.
 
"To the extent they don't, our engineers consistently are asking them for clarifications and explanations," he said. "Unfortunately, people have a misunderstanding of site plan approval. It's an application for site plan approval. People get upset that STREAM submitted documents and then they changed them and then they keep changing them. That's normal and ordinary for a large project to come in with a plan, to get a list of comments and questions and fix their plan."
 
There may be more iterations of their plans, depending on what Wendel Companies, the engineering firm working out with the town, the Town Board and the Planning Board ask about."
 
What's going on now is not unusual, the town supervisor said.
 
Cheryl Cortes said she spoke at a previous meeting about how the town is out of touch with constituents. She directed her first question to Crossen.
 
"At the Planning Board meeting on May 4, in an outward display of disrespect to us, the residents in this town, concerned citizens and in front of media, you allowed everyone to witness firsthand, your unbiased, neutral position you supposedly take regarding this data center by sitting up front, next to STREAM U.S.," she said.
 
Cordes also had a question for Town Attorney Mark Boylan, asking him why he publicly announced, in what she claimed was an unprofessional manner, that attorney Stephen Daly, speaking on behalf of the Sierra Club on May 4, was being paid to attend the meeting.
 
"Mr. Boylan, are you not also paid to attend these meetings with our tax dollars?" she asked.
 
Cheryl Cordes said residents have been told that problems during construction or operation of the data centers would and should be handled by zoning ordinances and the zoning officer. She questioned how residents should have confidence that zoning will be enforced when the zoning demolition permit was not posted outside the construction area for public visibility.
 
Cordes talked about noise heard at the site of the former Plug Power green hydrogen plant project, which did not come to fruition, at STAMP. STREAM has been having the hydrogen spheres at the site demolished after Plug Power halted the project.
 
"The destruction noise occurred and this was first documented," she said. Cordes said she came to the Plug Power site on March 28 and spoke to Mike Streeter, identified as the project manager. She said she asked to see the zoning demolition permit. Cordes saw and read it, and was allowed to take photos of it, she said.
 
"Mike reiterated to me that they were aware the permit was supposed to be posted and in view and that they were working on it," she said. "I told them, 'I'll be driving by this site daily until I see that you're in compliance. We drove by April 29, Guess what? The permit was posted."
 
Cordes said she wondered whether there will be a fine levied over the alleged noncompliance.
"Why wasn't zoning on that flagrant disregard for the zoning laws in this town?" she asked.
 
Crossen said that on May 4, he had no idea how many people STREAM would be bringing. He sat in the front row because he had to speak at that meeting.
 
"There was only one seat left. I'm sorry for the way it looked to you," he said to Cheryl Cordes.
 
Regarding Boylan's remark that Daly had been paid to attend the May 4 meeting, Crossen said attorneys are typically allowed to speak first because whoever they're working for is paying them a lot of money.
 
"That's why Mr. Daly was allowed to speak first and that's why Mark Boylan pointed it out," Crossen said.
 
The town supervisor then addressed the noise complaint about which Cheryl Cordes spoke, with things becoming contentious.
 
"I find it amusing ... that my cell phone rings through if you call the town (hall). Twelve people took the time to write a letter to the editor. Not one person called the Town Hall to complain about the sound," Crossen said.
 
When Cheryl Cordes said that's because there's never a response, Crossen said he's never talked to her about that work site and what she had just said was wrong and an ignorant statement.
 
After she made a comment about professionalism, Crossen replied, "Well, I think that you got what's due."
 
In late 2012, the town unanimously approved rezoning of the STAMP property for development.
 
"Based upon that zoning, we changed our Comprehensive Plan, we changed our ag plan, the county changed their Smart Growth plan, they changed their Comprehensive Plan ... and we signed an Incentive Zoning Agreement (IZA)," he said. "Once they (Genesee County Economic Development Center) purchased the land, they purchased it with an expectation that they would be able to develop it based on the zoning that they asked for ... and the town agreed to. At this point, we have to abide by the law and the rules."
 
Tonawanda Seneca Nation resident Melissa Smith said people have come to meetings and told their stories for nothing.
 
"No it's not, because you look at the Bacons," Crossen said, gesturing toward resident Anne Bacon, who attended the meeting. They have come with thoughtful questions, nonstop questions, taxing questions. The information they have provided and the concerns they have provided - and others have done it, too - it's changed how we look at sound and how hard we're going to look at sound. Their effort has had a deep impact about how we're going to look at this. To say you don't get any say or any input, is not true."
 
Most people there don't want anything to happen at STAMP, Crossen said Monday.
 
"That's just not in our ability to say 'No' to everything at STAMP," he said. "If it meets the guidance, if it meets the zoning, we are going to have to approve it at some point."
 
One of the questions Mary Ellen Zickl asked Monday was, "Why is so much money already being put into the data center project when it has not been approved?"
 
Zickl asked about the "backdoor removal" of the hydrogen spheres that were part of the project that Plug Power did not complete at the STAMP site. She said a lot of people didn't know the spheres were being removed. 
 
Crossen said Plug Power applied for a permit to remove the spheres. 
 
"The demolition doesn't have to go through site plan approval. It is simply something you apply for and you get," he said.
 
STREAM Data Centers announced in a press release that the spheres would be removed about a month before they were, he said. 
 
"They're paying for it, at their own risk," Crossen said. "The town has to give out that demolition permit to the owner of the property. They asked to remove something. We don't have a right to say 'No.' It wasn't hidden or back-door."
 
Zickl also asked if town officials made other plans to visit data centers in North Tonawanda, Ohio or other centers not recommended by their owners themselves. In an April 13 Town Board meeting, local officials had talked about a two-day visit they made to see three data centers in Texas - two that were operational and one under construction.
 
"Because it sounds like the foxes are in the henhouse," she said Monday. "Foxes in the henhouse" refers to people who manipulate something for their personal gain.
 
Regarding visiting North Tonawanda, Crossen said different technology is being used there compared to the proposed STREAM project, with different operators at North Tonawanda.
 
"The one I think you're referring to is a crypto-mining operation they're notorious for being loud," he said. "This (STREAM's project) is not crypto-currency mining."
 
Rob Klavoon of Wendel Companies, engineer working with the town, said STREAM has sites throughout the U.S. - Virginia, Chicago and the sites in Texas.
 
"They offered all the sites to us. It was my decision to go the sites in Texas because of the proximity to vacant land ... residential areas," Klavoon said. "The one that was in Chicago, that we did not want to go to, was in the middle of a city center, which is nothing like this could potentially be. If you're trying to compare what it's going to look like sound-wise or what you're going to see aesthetically, that wasn't a good one. The three sites - two of them operational in Texas and the one that is under construction, were the closest representation to what STREAM had available to show us."
 
The STREAM U.S. Data Centers site in Virginia did not represent the type of potential installation that would happen in this community, Klavoon said.
 
Zickl asked of the STREAM sites in Texas had usable land around them.
 
"The one site that we went to, directly across the street ... has an apartment complex less than 600 feet away from the front door of the STREAM facility," Klavoon said.
 
ZIckl asked if any of those sites have habitats, wetlands, vegetation or animals around them. Local officials said one site had cornfields around it.
 
Town Board member Kevin Fisher reiterated something he said during a previous meeting, that water is one thing we have in New York that Texas doesn't.
 
Work on the STREAM project hasn't started, Crossen told Zickl.
 
"Work is not approved. We have not approved anything yet for the data centers," he said.
 
Jennifer Durham said STREAM, at a previous meeting, said it has never created a data center in an environment like the one here.
 
"There is nothing that's going to be comparable to our site," she said. "Whether you're in a spot that's semi-rural, like maybe downtown Oakfield would be, or (Route) 98 in Batavia ... it is going to be totally different from what we have here. To say it was comparable - either STREAM's being dishonest or somebody else is being dishonest."
 
Crossen said he didn't recall the STREAM comment or the context of it.
 
Victoria Guite asked if there is a decomissioning plan for the data centers.
 
"The Planning Board will be addressing that. I've been talking about it with the town attorney and the Town Board," Crossen said. "The CEO of the company made allusions to ... They would be accepting of some kind of repurposing pod if it did go away."
 
In April, 12 people complained, in the letter to the editor Crossen mentioned earlier in the meeting, that "intensely loud industrial noise" on a weekend disrupted the peace and quiet in the local area around STAMP. Barbara Jonathan of the Tonawanda Seneca Nation Reservation said she heard the noise also. She said she couldn't even describe it, then hit the table in front of her with her hands to demonstrate.
"It woke me up out of a sound sleep. I was like, 'What the hell is that? Are we under attack?'" she said. 
 
Jonathan said she contacted a couple of other people to ask whether they heard the same thing.
 
Crossen said he received a complaint about STAMP about six weeks ago.
 
"It turned out to be NYPA (New York Power Authority), a project there. It was the backup alarms they have on the trucks," he said. "I received another vague complaint ... He thought he heard some noise from Edwards (Edwards Vacuum site). This was about five weeks ago. We immediately sent Wendel out to take a look at it. Of course, they didn't go out 'til the next day, but we could not hear anything coming off Edwards."
 
The following weekend, Edwards ran on a generator, from 7:30 a.m. through the weekend.
 
"I went down at 7:30 and sat and listened. I could not hear their generator running," Crossen said. "I sat there for 10 or 15 minutes. I could see the heat coming out of their stack, but at the road, I could not hear it."
 
Demolition is a tough thing, he said.
 
"You've got hobknockers on the concrete trying to break the concrete up. You've got the big pieces of steel coming down," he said. "I think the town Planning Board would probably be putting on some conditions for noise for construction management."
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Town Supervisor Rob Crossen responds to a speaker at the Town Board meeting Monday. Photo by Brian Quinn
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Sharon Larmon speaks to the Alabama Town Board at Monday night's meeting. Photo by Brian Quinn
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Dave Bencic shares his thoughts at the Town Board meeting Monday evening. Photo by Brian Quinn
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Katie Weaver of Alabama addresses the Town Board during this week's meeting. Photo by Brian Quinn
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Rob Klavoon of Wendel Companies, working with the town as engineer, talks about the visit local representatives made to data centers in Texas. Photo by Brian Quinn



 

Alabama planners get earful on STREAM U.S. Data Centers proposal

By Brian Quinn
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Area residents listen to speakers during Monday night's public hearing on the STREAM U.S. Data Centers site.                                              Photo by Brian Quinn

As the town of Alabama Planning Board continues to study the site plan for STREAM U.S. Data Centers' proposed $19.46 billion project at the Western New York Science & Technology Advanced Manufacturing Park (STAMP), almost 75 people spoke up about it.

Town Attorney Mark Boylan, who moderated Monday's public hearing at the Alabama fire hall, said he believed there were 73 speakers. He added that the meeting ended around 12:15 a.m. today.

Two data center buildings would be on the 60-acre North Campus and one on the 30-acre South Campus. Each building would have two floors for a total of about 664,000 square feet, according to the Planning Board’s information. There would be a total of about 195 parking spaces.

Though most speakers were in opposition, there were several trades union members or representatives who spoke in support. At least a couple of them were booed after they finished talking.

Attorney Stephen Daly, founder of Citizen Environmental Law, PLLC, spoke on behalf of the Sierra Club. He said there were three core issues related to the Planning Board's role. He said the board's role is independent and central to the review of the data center.

"The Planning Board, obviously, is not GCEDC. It is not DEC. It has its own, independent authority. Site plan review is not a ministerial step or rubber stamp," he said, referring to the Genesee County Economic Development Center and the state Department of Environmental Conservation. "The board, not GCEDC, is responsible for determining whether site impacts comply with the town zoning law and whether the project is compatible with the town's zoning framework."

As an example, Daly said noise related to the project is a zoning determination.

"The town zoning law prohibits noxious noise. That is a qualitative, site-specific standard and is not the same thing as the standard we heard ... reference by the applicant (STREAM) that GCEDC is applying under the General Environmental Impact Statement (GEIS)," he said. "Based on the record before you, the noise modeling relies on undisclosed assumptions and incomplete site plans. It does not meaningfully evaluate low-frequency noise. It does not adequately account for the ambient conditions surrounding the site."

This project is fundamentally different than what the town contemplated when the STAMP project was originally approved back in 2012. This proposal consumes a disproportionate share of the site's land and electrical capacity at the STAMP site, and yet generates very few permanent jobs relative to that scale."

Thirdly, Daly said, the incentive zoning agreement (IZA) doesn't bind the Planning Board as part of site plan review. The town signed an incentive zoning agreement in 2012.

"It does not require this board to approve any particular project," he said. "It does not override zoning standards, noise prohibitions or site plan requirements. The Sierra Club takes the position that the zoning agreement is unlawful and void, and constitutes impermissible contract zoning. It's inconsistent with town law, Section 261B. If the IZA is unlawful, it cannot serve as a predicate for this application. That issue must be resolved before the site plan rule can move forward and not after. For those reasons, we urge the board to deny the site plan application."

Janice Laben of Darien Center said she has lived in rural Genesee County for 51 years, and she asks herself how the data center project will benefit the people of the county.

"Who among us wants to be spied on and surveilled? Who among us thinks that artificial intelligence is superior or preferable to human consciousness?" she asked. "The noise pollution, the light pollution, the water pollution, the air pollution, the egregious consumption of our fresh water and our electricity are disrespectful to all those who live in Western New York and especially to the members of the Tonawanda Seneca Nation."

In the town's technology district design standards criteria, a sentence stands out, Laben said.

"Development will seek to respect existing viewsheds as well as the rural area surrounding the STAMP site," she said. "The STREAM U.S. Data Centers project fails to meet this objective in so many ways.

The criteria say wetlands and open space will be preserved and enhanced as part of the open space system throughout STAMP.

"The wetland areas here in your town are nothing short of a national treasure. Letting a project of this magnitude move forward would be a travesty. Birds, frogs, turtles, salamanders, dragonflies... the web of life is beautiful and fragile," she said.

In his presentation on the project, STREAM Design Manager Colm Curran said the proposal reflects the type of advanced technology development that STAMP was designed to accommodate. All three data center buildings would be designed to create a consistent and cohesive appearance. Each building height will be about 52 feet to the parapet and about 64 feet to the top of an acoustic screen, a screen which will fully enclose the rooftop equipment.

"All rooftop mechanical equipment is fully screened by this acoustic screen wall, which is designed to reduce noise and limit visibility from the surrounding areas," he said. "Adjacent to the building is the utility yard, which contains electrical and backup power to the structure. These areas are secured and screened using a combination of acoustic enclosures, visual screening and security fencing, depending on their location and visibility."

Each building and its supporting infrastructure are designed as a contained and controlled environment, with all operational elements either in the building or in a secured and screened outside space, Curran said.

The visual and lighting plan meets the town Technology District No. 1 standards and fits in STAMP's master plan, according to the STREAM presentation. There will be landscape buffers and bird-safe glass, along with dark-sky-compliant lighting and no spilling of light onto off-site locations.

There would be a closed-loop cooling system and no continuous water use for that system. Each building would use about 3,150 gallons of water per day, according to STREAM's information, with peak water use at 6,650 gallons per day.

"It is filled once during its initial commissioning and then operates as a sealed, recirculating system," Curran said. "Importantly, it does not consume water through its normal operation. There is no continual water use, no evaporation and no discharge associated with our cooling process. The system uses air-cooled ... chillers, which circulate chilled water through the building to absorb heat and then release that heat to the outside air."

STREAM said acoustically, in the worst-case scenario, the operation would meet acceptable thresholds. Sound levels would be within the limits of 65 dBA during the day and 45 dBA at night. Curran said sound has become a topic of concern in this community and nationally. Based on Planning Board and public feedback, STREAM has taken a deliberate approach to ensure the project carefully addresses noise.

"An acoustic analysis is being completed for the project, which evaluates all major sound sources, including rooftop cooling equipment and backup generators under their worst-case operating conditions and temperatures," he said. "This is assuming that the data center is operating at 100% load ... That is a 2% chance of occurring each year."

Several trade union members and representatives spoke in favor of the project, including Local 41 IBW Electricians Business Manager Greg Inglut. When multiple audience members asked him where he lives, he said he is from Angola. He said he appreciates the effort STREAM has put into mitigating problems and the community for its input.

Inglut said people usually focus on negatives.

"One of the first things you hear is, 'They only create temporary construction jobs," he said of projects. "Temporary jobs is how I feed my family, my members feed (their families). That's how I get my health insurance. That's how I earn my pension and retire with dignity. In this trade, we don't look at jobs as temporary. We go from one project to the next. That's our careers."

The STREAM project is a large, complex project that will put electricians and other trades to work for months with steady work and possible overtime, full benefits, and family-sustaining wages.

"During construction, you've got hundreds of workers on-site. They're eating in local restaurants, staying in local housing if they're not from the area and spending money in the area. That's real economic activity, not theory," he said. "Every hour of work generates tax revenue - income tax, sales tax and more that goes right back into the community. That supports local schools, roads and local services."

Chris Ausdin of Fillmore is with Carpenters Local 276, which, he said, represents over 1,000 construction workers who live probably within a 30-mile radius of the proposed STREAM project construction site. Local 276 is in favor of the project.

"We ask you to listen to the town's advisors. Listen to the professionals. Don't get caught up in all the rhetoric. Listen to the facts and make a good, educated decision on what's best for the environment. We're 100% on board with that," he said. "However, construction jobs are not just seasonal. Construction jobs are long-term, economic drivers of this area. We encourage you to please help our long-term construction workers of Western New York continue to thrive ..."

North Atlantic States Regional Council of Carpenters Council Representative Jomo Akono, a union carpenter, said the North Atlantic represents 12 counties of Western New York. Akono said he's been studying data centers for a few years. He said his son is an engineer for one of the larger data center builders in the country.

"He told me that many of the biggest problems are the sound, are what happens with water. He texted me before I came in (to Monday's hearing). He talked about light," Akono said of his son.

Akono said he listened to the STREAM presentation.

"I heard about the closed-loop system. Hearing the closed-loop system ... I did get a chance to hear what many people had to say. I'm happy that you only have to follow the rules and not what everyone said," he said. "The information presented is safe, based on what I have heard and based upon what I've been studying."

Akono said he heard what Curran presented about lighting.

"I did get a chance to hear and watch what was taking place with the lighting systems. It appears as though you are in compliance with what is being asked," Akono said.

North Atlantic Council Representative Jeff Pasnik, a union carpenter living in Medina, who drives past the proposed project site every day.

"For the past many years, I have waited anxiously for any kind of development to happen to the ... STAMP center. After hearing the presentation by STREAM and hearing the guidelines set forth by you all after reviewing the planning and site, any concern that I may have had has been put to bed," he said, to laughter from some in the audience. "They (STREAM) have listened to the community and made adjustments to the plan as far as trying to create as much noise reduction and visible sight lines as possible."

This will be an economic generator for the area, Pasnik said.

"Right at the other side of the Alabama swamps, there is a training facility - the Iroquois Job Corps, which trains people to work at facilities such as this. What a shame it would be for those people to go outside of the area to have to go to work, whereas they could be able to work on a facility on the other side of where they're being trained to do so."

Alyssa Beuler of Oakfield read comments from other people and organizations regarding noise pollution. One organization was NoiseOFF, a self-described independent public resource on environmental noise pollution.

"The World Health Organization emphasizes that nighttime noise is particularly harmful, as it can disrupt sleep and aggravate stress responses, even when individuals are not consciously awakened," she read, quoting NoiseOFF.

Beuler also read from "Living in Hell," a U.S. News & World Report article about neighbors of data centers.

"'As somebody who has anxiety, it triggers an anxiety attack in me every time they're doing load testing, to the point where I can't sleep because it literally rocks your core,' said a resident from Bristow, Va.," Beuler read. She quoted a resident of Niagara Falls in a 2023 article in the Prince William Times, an Arizona publication.

“My home was invaded by noise,” the resident said, referring to bitcoin mining at a public hearing. “It has changed my life. It is constant, 24 hours a day. I’m here for myself and my mental health.”

Beuler said, "I was reminded of my patients when reading those articles. I had heard their words before - depression, headaches, anxiety, stress, hypertension, nausea. The list goes on. The symptoms are nearly identical. Only data center noise is audible to everyone."

Evan Lowenstein of Rochester is a member of Genesee County's Comprehensive Plan Land Use, Environment & Placemaking focus group. He is a trained land use development and environmental planner, and has been involved in land use matters across the region for over 25 years.

In many critical ways, the STREAM Data Centers site plan fails to adhere to the town zoning code and STAMP technology district design standards," he said.

Lowenstein said he was invited to the Genesee County 2050 Comprehensive Plan's Land Use focus group.

"At this meeting, when participants expressed concern about the location of STAMP and the proposed data center in sensitive, rural, natural areas adjacent to the Tonawanda Seneca Nation, the county's planning staff explained that the STAMP location was chosen to 'isolate the known significant impacts of large-scale industrial development,'" he said. “I responded that, one's isolation is another's proximity, the revealing statement shows that big impacts of industrial development are being expected and encouraged for your town, so your code and design standards must be a strong line of defense against development overreach in order to protect your town’s rural, agricultural and natural character, and ways of life.”

Lowenstein was one of at least a few speakers to mention town Zoning Code Section 808 Part C(7), site review criteria, which says the Planning Board shall review the site plan and supporting data/information before approval, approval with modifications or conditions, or disapproval of such site plan. It should take into consideration several factors, including a "harmonious relationship" between proposed uses and existing adjacent uses.

He felt the proposed project's impacts made it incongruent with adjacent uses.

"This is the very opposite of a harmonious relationship," Lowenstein said.

Mary Eisenhard of Pavilion, who attended Monday's meeting with her husband, John, said she comes to the wildlife refuge all the time. She noted that Section 103 Part H of the town zoning law states that part of the purpose of the law is to prevent pollution of streams and ponds, to safeguard the water table, and to encourage wise use and sound management of the natural resources throughout town in order to preserve the integrity, stability and beauty of the community and the value of the land.

The data centers would use glycol, a common antifreeze ingredient for mechanical cooling systems. She said she was concerned about glycol being toxic to aquatic organisms.

"Currently, there is no information on the site plan regarding the discharge of the closed-loop cooling system," she said. "I am concerned that the glycol will be discharged into those surrounding water bodies. What will happen to the glycol when it's discharged from the cooling system? How frequently will they drain the system? Will it go into the wastewater?"

Last July, the STAMP Sewer Works Corporation and the village of Oakfield agreed to collaborate on the design, construction, and operation of a new force main, including sewer lines, pump stations and metering equipment, to provide sanitary sewer services at STAMP.

"The village of Oakfield facility ... does not have the capacity to treat industrial process wastewater. STREAM has not asked for the permit for industrial wastewater," Mary Eisenhard said. "New York State DEC (Department of Environmental Conservation) has raised very significant concerns regarding wastewater discharge from the STREAM facility. STREAM has not addressed those concerns."

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Attorney Stephen Daly, founder of Citizen Environmental Law, PLLC, noted the Planning Board is its own independent authority and is not required to approve the data centers project. Photo by Brian Quinn
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Janice Laben of Darien Center is among the residents who calls the planned data centers an eyesore. Photo by Brian Quinn
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Evan Lowenstein of Rochester says the town's zoning and design standards must be strong enough to protect the area's rural, natural character and way of life. Photo by Brian Quinn
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Prior to public comments, STREAM Design Manager Colm Curran gave the overview of the proposed $19.46 billion project. Photo by Brian Quinn
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Mary Eisenhard of Pavilion said one of her concerns is the STREAM project's use of glycol and what will happen to it after it's discharged from the cooling system. Photo by Brian Quinn

 

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Tonawanda Seneca Nation Snipe Clan member Grandell Logan said his concerns include the Big Woods being close to the proposed STREAM project site. Photo by Brian Quinn
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North Atlantic States Regional Council of Carpenters Council Representative Jomo Akono was among the trades union representatives to support the project. Photo by Brian Quinn
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North Atlantic States Regional Council of Carpenters Council Representative Jeff Pasnik said he's waited anxiously for years for development at STAMP. Photo by Brian Quinn
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Degauenodas, a member of the Seneca Nation Wolf Clan, Allegany Territory in Cold Spring, said he came to the meeting to remind the Planning Board members of their responsibilities as human beings. Photo by Brian Quinn
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Dań Frankowski of Buffalo, business representative for U.A. Plumbers & Steamfitters Local 22, said he was there to respond to negative comments made about the STREAM project. Photo by Brian Quinn
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Marianne Molaro of Alabama said she's been against the project from the start, saying the Genesee County Economic Development Center (GCEDC) misrepresents the level of residential support for the project at STAMP. The 68% approval supposedly shown for the project. However, the question in the survey only asks whether residents were interested in switching from well water to municipal water. Photo by Brian Quinn
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Liz Thompson of Batavia the only voices the Planning Board should listen to when it votes on the site plan are the voices in their heads, their hearts and their guts. No decisions were made Monday night. Photo by Brian Quinn

Stream Data Center undertakes demolition of Plug Power facility

By Staff Writer
Photos by Steve Ognibene
Photos by Steve Ognibene

Stream Data Centers has begun demolition of the former Plug Power facility at the STAMP industrial park in the Town of Alabama, clearing the way for the company's proposed data center development.

The demolition follows Stream's purchase of the site from Plug Power, which included the land, associated infrastructure, and select substation-related assets. Plug Power announced the deal earlier this year, with gross proceeds of at least $132.5 million.

Stream has proposed an air-cooled data center development at the STAMP site that the company says will utilize existing infrastructure and power allocations.

Stream is moving ahead with demolition even as its proposed data center development remains subject to regulatory and environmental review.

Plug Power was nearly complete with the facility's construction when work stopped in early 2024, apparently due to delays, an anticipated federal loan guarantee, and legal challenges. Plug invested close to $290 million in the project.

Photos by Steve Ognibene
Photos by Steve Ognibene
Photos by Steve Ognibene
Photos by Steve Ognibene

Community registers concerns on STREAM U.S. Data Centers project at STAMP

By Brian Quinn
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Karen Miconi of Elba talked, in part, about the need for transparency when she spoke at Thursday night's public hearing. Photo by Brian Quinn

Most of the community members who came up to the podium Thursday evening were there to share their opposition to the proposed $19.46 billion proposal by STREAM U.S. Data Centers to build three data centers in Alabama. However, the proposal for the Western New York Science & Technology Advanced Manufacturing Park (STAMP) site had support at the public hearing from a couple of trade union representatives.

Two data center buildings would be on the 60-acre North Campus, and one on the 30-acre South Campus, for a total of 2.2 million square feet.

Before the Genesee County Economic Development Center (GCEDC) began accepting public comments, President and CEO Mark Masse responded to a nonprofit group's report, issued this week, on the financial incentives STREAM is seeking as part of the project.

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Genesee County Economic Development Center President and CEO Mark Masse responds to a report this month from Applied Economics Clinic. Photo by Brian Quinn

GCEDC comments on Applied Economics Clinic report
Masse gave the GCEDC's response to a report this week from the non-profit Applied Economics Clinic. On behalf of the Tonawanda Seneca Nation and Sierra Club Niagara Group, Applied Economics had reviewed STREAM's application for financial incentives for the proposed project and issued a report.

Masse said he hoped speakers would find his comments useful as they spoke during the hearing, which took place at the Alabama fire hall.

"The report stated that STREAM did not provide any supporting materials for its cost-benefit analysis, which fails to meet the standards expected in public decision-making," he said. "To be clear, the GCEDC is the one who prepared the cost-benefit analysis, not STREAM. This is a standard analysis we've done for every single project we've received, for many years."

To prepare the analysis, the GCEDC has a software program developed by the MRB Group that does the calculations. Other industrial development agencies that evaluate applications for financial incentives across the state have used the program.

"The report also states that the proposed facilities will consume many times the electrical generation capacity currently operating in Genesee County," Masse said. "This is both irrelevant and inaccurate. It's irrelevant because STAMP's been awarded and allocated 600 megawatts of power from the NYISO (New York Independent System Operator). The facility will be powered entirely from the Robert Moses hydropower facility in Niagara County, New York. It's inaccurate in that there are currently 867 megawatts of solar projects that are generating or currently in construction in Genesee County. There's also a 133-megawatt project within three miles of the STAMP site, which would bring Genesee County generation to approximately one gigawatt."

The Applied Economics report says costs for the STREAM project keep changing, as if that indicates inaccurate analysis, Masse said.

"To clarify, STREAM has submitted three different applications as the project evolved. Each time the project changes, the GCEDC staff recalculates the cost-benefit analysis and then holds a public hearing based on the revised application," he said. "It is not at all uncommon for projects to change their investment or revise the project as they move through the application process."

The report also says STREAM has requested sales tax and mortgage tax abatements, which together are worth 25 times more than the benefits the project would provide through payment in lieu of taxes (PILOT) and host benefit agreements.

"The local sales tax and mortgage tax abatements for the project are currently estimated at approximately $700 million, while the total host PILOT payments are estimated at $285 million. That is only two to three times, not 25," Masse said. "It also fails to account for regular tax payments the project would be required to make for the life of the project once the PILOT agreement and host community agreements end, nor the significant sales tax revenue and wages for construction and operation roles that would be generated by the project."

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Patrick Mahoney of Buffalo said we need to ask what the long-term effects of artificial intelligence (AI) on communities and humanity in general. Photo by Brian Quinn

Public comments
Patrick Mahoney of Buffalo was the first of many speakers opposed to the proposed data centers at STAMP.

"AI (artificial intelligence) is a reality of our world. We need to ask, what would its long-term effects be on our communities and humanity?" he said. "This is a historic moment - not only for Genesee County, but the state, this country and the world. The arguments against the STAMP project are extremely strong - massive use of energy amidst the catastrophe of climate change, air pollution, water pollution, noise pollution, harm to wetlands, nature preserves, harm to agriculture and indigenous people and the rising utility costs for this community."

There needs to be regulations for this new technology, Mahoney said.

"There needs to be a moratorium regarding data centers. This STAMP project should be stopped. Data centers should be beneficial to all Americans, including the people of Genesee County and the Tonawanda Seneca Nation," he said. AI must proceed without harm to communities and the planet, and not just be a benefit to a handful of billionaires, like Jeffrey Epstein associate and Apollo Global Management CEO Marc Rowan. Apollo acquired STREAM in 2025.

Rafael Garcia, business agent for Laborers Local 435 of Rochester, said he was there not as a construction worker, but as someone who believes in building for the future.

"I understand the concerns in this room. Change always brings uncertainty. It can feel disruptive. It can feel like something is being decided for you instead of with you," Garcia said. "But I ask you to look at what's being offered here. This project is more than just steel, concrete and wires in the ground. It's an opportunity - for the trades, yes, but beyond that, for this entire community."

Construction projects like this bring immediate economic impact, Garcia said.

"Hundreds of workers in an area means local gas stations see more customers. Local diners, grocery stores and smoke businesses see more traffic. That's just not theory, that's reality," he said.

Development should never come at the cost of respect, and growth should not mean exclusion, Garcia said.

"If this project moves forward, it must include open communication, fairness and a seat at the table for everyone affected," he said. "The strongest communities are ones that don't avoid change. They're the ones that shape it together. We can let fear of change stop us or we can take control of it, guide it and make sure it works for all of us. This project has a chance to invest in people and opportunity, and in the future of Oakfield - not just for today, but for the next generation watching what we choose to do right now."

As Garcia finished his remarks, someone in the audience asked, "Who wrote that for you?"

Liz Thompson of Batavia read from a letter by Seth Green, Chapter of Trout Unlimited President Aaron DeRuyter. DeRuyter wrote that Trout Unlimited recognizes that the rapid expansion of data centers poses a growing risk to cold water ecosystems.

"The buildout and operation of these facilities can strain freshwater resources, increase thermal and hydrologic stress on rivers and aquifers, and drive land conversion that fragments habitats and degrades the health of our waterways," Thompson read. "Siting this 2.2 million square foot mega data center there (at STAMP) will cause serious detrimental affects on the adjacent wetlands, the Oak Orchard River Watershed and, ultimately, Lake Ontario. These waters support substantial populations of rainbow and brown trout, 'king' salmon, coho salmon, Atlantic salmon, bass and many other freshwater species. Hundreds of our members have fished this world-class resource for decades."

The proposed project also poses danger to the fresh, cold water of the watershed through cooling water withdrawal, groundwater contamination due to diesel fuel leaks, and wetland and tributary disruption from building a discharge pipeline to the Oak Orchard River and the water used daily by the utility company to generate the electricity needed to power the data center, Thompson read.

"Where will this water come from? Where will it go? The more water used by industry, the less water for fish," she read.

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Rafael Garcia, business agent for Laborers Local 435 of Rochester.
Photo by Brian Quinn

Dan Frankowski of Buffalo, business representative for U.A. Plumbers & Steamfitters Local 22, said while he respects the opinions and reasoning behind the opposition to the project, he supports the proposal.

"We stand behind the project moving forward, as it will create hundreds-plus construction jobs for multiple years to come for our members alone, not to mention other construction trades involved," he said of the union. "Ancillary work that would come as a result of this project, infrastructure or otherwise, would also continue to keep my members working, creating jobs for members who may live right here in this community.

The site has been set up for projects like the STREAM project, but has been sitting, mostly idle, for far too long, Frankowski said.

"It's time the town utilized it for its intended purpose - to create a chance for revenue and jobs," he said.

Karen Miconi of Elba, asked a number of questions, such as when the 500 megawatts of power was promised to the data centers project. She also asked about carbon dioxide emissions and who did the environmental impact study.

"Was it you, the GCEDC? You're not qualified. Why wasn't it the DEC (State Department of Environmental Conservation)," she said.

"I think you need to promise that this data center will not ever expand, that you will not ever drill wells into our aquifers to take water that you might be short on, being that you were promised 200,000 gallons. By who were you promised the 200,000 gallons of water? Might I ask?"

Miconi also noted STREAM is investing $19.46 billion in the project.

"What are their incentives? It's a total disruption of Mother Nature. It's a total disruption of our nesting eagles in the Iroquois (National Wildlife Refuge), our federally protected wetlands, our federally protected trout streams," she said.

The people living on the Tonawanda Seneca Nation Reservation have wells, not municipal water, Miconi said.

"I know you don't care. I know it's all about the money," she said to the GCEDC. "Now, they're coming here, and they're going to deplete our water supply, which we need to survive on earth - our water supply, which we need for our animals, for our humans and for our wetlands, for our wildlife."

Terry Abrams, a Tonawanda Seneca Nation Bear Clan member, said he's also opposed to putting data centers at the site on Crosby Road. He said he agrees that there's a lot of misinformation about the project, but that the misinformation is coming from the GCEDC side, not the community.

"The $1.4 billion in incentives, I don't see how any PILOT payment, anything else - any job creation, any gifts that are given to the school district, to the communities, can possibly measure up to that incentive," he said. "I just don't think it can happen. You can say, 'Well, once the PILOT (payments) end, they will continue, then they'll pay more taxes.' We all know what really happens. Once those tax incentives end, these companies will uproot and move away and find some other community ..."

The true cost of the STREAM project is not on the balance sheet, Abrams said. They are the social, environmental and spiritual costs.

"Those cannot be measured. Those do not fit neatly on an Excel spreadsheet," he said. "Those are the costs that we are going to pay."

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Dr. Liz Tinelli addresses the GCEDC during the public hearing Thursday night on the data centers project.
Photo by Brian Quinn

Dr. Liz Tinelli, a Rochester native, said she learned about the data center project on Monday.

"Had I known, I would have been at the table sooner. There has been a lot to review in just a few days," she said. Tinelli said she reviewed STREAM's technical submissions, researched environmental law and learned about the GCEDC and its mission to provide a high-quality life for residents and their families.

"Reading the 200-page transcript from March 19 (the previous GCEDC public hearing), one thing is obvious. The residents of this county - the people referenced in that very mission statement - are overwhelmingly against this project," she said.

There are multiple inconsistencies in what STREAM has submitted, Tinelli said.

"The number of generators varies between six and 12, chillers between 180 and 198 ... Fact - New York State DEC identified 20 significant deficiencies in the stormwater plans," she said. "Fact - the acoustics technical summary only includes a-weighted decibels and excludes c-weighted decibels. The report itself admits this might not give a valid measure. Fact - the environmental review being relied on to approve this project was conducted in 2012 for a manufacturing park, not a hyperscale data center."

New York's Climate Leadership and Community Protection Act requires state agencies to protect disadvantaged communities from disproportionate environmental burdens. The GCEDC Board of Directors is bound by that law, Tinelli said.

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Dr. Neal Keating of Brockport shared information and comments from the Orleans County Department of Tourism.
Photo by Brian Quinn

Dr. Neal Keating of Brockport read a statement from the Orleans County Department of Tourism. The statement said, in part, that the Oak Orchard River and the receiving waters of Lake Ontario are a world-class, year-round, fishing destination. A 2017 DEC study, visitors coming to fish in Orleans County waters had an annual impact of nearly $28 million. Applying a standard inflationary rate, that value would be near $34 million in 2024, he read.

"The downstream waters of Lake Ontario at Point Breeze, N.Y., are enjoyed by thousands of recreational boaters and trolling anglers alike," Keating read. "The good health and non-impacted, clean water of the Oak Orchard River is vitally important to the sport fishery and boating interests, which support the tourism economy for Orleans County.

"A responsible siting and development of the STAMP site and future tenant buildout should include reasonable water intake and use, with a treatment and discharge of wastewater done onsite or within originating county boundaries, not to include the Oak Orchard River," Keating read in the statement.

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Caitlin Love Crowell of Partnership for the Public Good noted the introduction of a U.S. Senate bill proposing a temporary moratorium on the building of new data centers. Photo by Brian Quinn

Caitlin Love Crowell, a staff member of Partnership for the Public Good (PPG) in Buffalo, said PPG is a community think tank and public advocacy organization.

Crowell recalled that Facebook's founding motto was "Move fast and break things."

"That might be an exciting and dynamic way to run a company, but it's lousy advice for running a community or a neighborhood or a town," she said. "What, exactly, are these companies breaking? Their promises, for one; our cultural heritage; our local and state economies; our energy supplies; our clean water supplies; and even the land that we live on."

A bill has been introduced in the United States Senate to impose a moratorium on the construction of new data centers until legislation is enacted that safeguards the public from the dangers of artificial intelligence.

"That we are allowing and encouraging developments against which we need safeguards should give us pause. In terms of taxation structure, environmental protection and economic planning, our region is not prepared to deal wisely with these proposed behemoths," she said. "It certainly does not help when these companies are singularly unwilling to be transparent. That is why we are seeing communities across the country and around the world rise up to protest this misuse of our public goods and money.

"PPG encourages you to say 'No' to this incentive to say 'No to STREAM development," Crowell told the GCEDC.

Victoria Guite, a Tonawanda Seneca Nation Turtle Clan member, asked who is telling the GCEDC that residents want the data centers project when residents don't.

"I live on the reservation on Sand Hill Road. I grew up there and I've got the poison oak scars to prove it," she said. "When I have children, I'm going to bear my children on that land. That's their birthright. It's not a joke. It's not some financial incentive. That's my home. That's my spirit."

Guite noted she is running for the State Senate in the 57th District, a seat currently held by George Borrello, R-Sunset Bay. The New York State Board of Elections lists her as filing as a Democratic and Working Families candidate under "primary election." Borrello is listed by the Board of Elections as a Republican and Conservative candidate under "primary election."

"I have had to do so much talking to people. You know what people don't do - agree on much," she said. "You know what they do agree on. This being a 'No. We don't want this.'"

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Tonawanda Seneca Nation Turtle Clan member Victoria Guite said people don't agree on much, but they agree on their opposition to the STREAM project. Photo by Brian Quinn

Sales tax exemption for STREAM
Early in the public hearing, GCEDC Executive Vice President of Business & Workforce Development Chris Suozzi gave a presentation on STAMP and the STREAM project. said on the state level, the internet data center exemption exists. As to whether an internet data center is part of the STREAM project, a gray area exists, he said.

"The sales tax exemption is asked by us because that is one of our tools in our toolbox," he said. Suozzi said the $1.431 billion sales tax abatement STREAM requests is a number, based on the servers STREAM is going to purchase.

"If you're going to Walmart and buying a computer, there's a piece of paper that says you're exempt from sales tax," he said as an example. "At that point, that exemption happens."

Masse said the exemption means STREAM doesn't pay the $1.431 million. Half of that is state sales tax, and the other half is local. It's not cash given to the company, Suozzi said.

"What Chris is talking about under New York State law and the Department of Taxation and Finance, they made that exempt," Masse said.

Masse went on to say that manufacturing equipment is not subject to sales tax. If a company buys a piece of manufacturing equipment, they don't have to pay sales tax under tax law.

"What the state did was they added an item, under exemptions, for servers used in an internet data center," he said. "When Chris says it's a gray area, that means the company could go to the Department of Taxation and Finance and say, 'We don't think we should have to pay sales tax. We think we fall under that sales tax exemption. The company, instead, is requesting that sales tax exemption as part of this, which means that they just don't pay the sales tax when they acquire the servers."

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GCEDC Executive Vice President of Business & Workforce Development Chris Suozzi made a presentation on the STAMP site and the STREAM Data Centers project. Photo by Brian Quinn
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David Beatty of Batavia spoke about uses of artificial intelligence during Thursday night's public hearing.
Photo by Brian Quinn
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Gabrielle Kennelly of Buffalo speaks during Thursday night's GCEDC public hearing on the STREAM project. 
Photo by Brian Quinn
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Rosey Faith reads a letter from ESF Assistant Professor Dr. Madeline Nyblade. Photo by Brian Quinn

Law and Order: Rochester man accused of rape in Batavia

By Howard B. Owens
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Tyquawn Bethel

Tyquawn D. Bethel, 35, of Rochester, is charged with rape 1st, burglary 2nd, criminal contempt 1st, and aggravated family offense. Bethel was arrested on March 6. He is accused of unlawfully entering the home of a person who had an order of protection against him and forcibly raping her. He was arraigned in Batavia City Court and remanded to the Genesee County Jail on $100,000 bail.

Tyquawn D. Bethel, 35, of Batavia, is charged with criminal contempt 1st and aggravated family offense. Bethel was arrested on March 23. He is accused of violating an order of protection. He was arraigned in Batavia City Court and remanded to the Genesee County Jail, where he is currently held on unrelated charges.

Michael J. Hilton, 34, of Batavia, is charged with criminal possession of a weapon 3rd, assault 3rd, and menacing 3rd. Hilton was arrested on March 3. He is accused of threatening another person with a knife during an incident on South Spruce Street. He was arraigned in Batavia City Court and remanded to the Genesee County Jail without bail.

Shandell M. Lissow, 38, of Albion, was arrested on March 2 on two bench warrants. The first stems from a larceny complaint in June 2025, when Lissow allegedly stole merchandise from Dollar General. The second is related to a traffic stop in May 2025, when she was allegedly found in possession of narcotics. She was arraigned in CAP Court and is due in Batavia City Court at a later date.

William R. Johnson Jr., 46, of Freedom, is charged with making a threat of mass harm. Johnson was arrested on March 5. He is accused of threatening to blow up a building during an altercation on Bank Street. He was issued an appearance ticket and released.

Mateo C. Snyder, 24, of Warsaw, is charged with making a threat of mass harm and harassment 2nd. Snyder was arrested on March 7. He allegedly threatened to shoot multiple people during an altercation on Apollo Drive. He was arraigned in CAP Court and released.

Danny D. Williams, 37, is charged with harassment 2nd. Williams was arrested on Feb. 26. He allegedly punched another person in the face during an altercation on Ellicott St. He was issued an appearance ticket and released.

Michael E. Weichman, 31, of Batavia, is charged with public lewdness. Weichman was arrested on March 9. He allegedly exposed himself to several people during an altercation on Pearl Street. He was issued an appearance ticket and released.

Tishay S. Daniels, 41, of Rochester, is charged with DWI. Daniels was arrested on March 6 after police received a civilian complaint about an erratic driver on Clinton St. She was located driving on West Main St. and subsequently arrested. She was arraigned in CAP Court and released.

Elizabeth A. Lindner, 39, of Batavia, is charged with petit larceny. Lindner was arrested on March 9. She allegedly stole merchandise from Family Dollar. She was issued an appearance ticket and released.

Ambernae S. Inman and Brodes J. Gibson are charged with petit larceny and conspiracy 6th. Inman and Gibson were arrested on March 9. They allegedly stole property from Quicklee's. Both were arraigned in Batavia City Court and released. During her arrest, Inman was allegedly found in possession of narcotics and was additionally charged with criminal possession of a controlled substance 7th.

Jason A. Klinkbeil, 37, of Batavia, is charged with trespass. Klinkbeil was arrested on March 9. He allegedly entered a property on Dellinger Avenue, remained on the premises and refused to leave. He was issued an appearance ticket and released. Later the same day, Klinkbeil was arrested again for trespass, this time allegedly at McDonald's on West Main Street. During his arrest, he allegedly threw items at a patrol car, causing damage. He was additionally charged with criminal mischief 4th.

Heather L. McCarthy, 35, of Corfu, is charged with criminal contempt 2nd. McCarthy was arrested on March 5. She is accused of violating an order of protection on Feb. 19 by having contact with the protected person. She was arraigned in Batavia City Court and released.

Shineacqua C. McNair, 34, of Batavia, is charged with DWI, obstructing governmental administration 2nd, and several traffic violations. McNair was arrested on March 8 after being pulled over in the parking lot of 7-Eleven. She allegedly exited her vehicle and walked into the store, ignoring an officer's orders to remain in the car, then resisted officers when they attempted to detain her inside the store. She was arraigned in CAP Court and released.

Savannah C. Odom, 33, of Stafford, is charged with DWI. Odom was arrested on March 8 following a traffic stop on East Main St. She was issued several traffic tickets and released.

Jzon A. Richardson, 27, of Batavia, is charged with harassment 2nd. Richardson was arrested on March 12. He allegedly pushed another person during a domestic incident on N. Spruce Street. He was arraigned in Batavia City Court and released.

Timmy L. Taylor Jr., 30, of Batavia, is charged with aggravated harassment 2nd. Taylor was arrested on March 10. He allegedly threatened another person during a phone call. He was arraigned in CAP Court and released.

Sandra L. Marsceill, 54, of Batavia, is charged with petit larceny and conspiracy 6th. Marsceill was arrested on March 8. She and another person allegedly stole property from a residence on East Main St. She was issued an appearance ticket and released.

Trisha R. Santora, 43, of Batavia, is charged with harassment 2nd. Santora was arrested on March 12. She allegedly grabbed another person by the hair during an altercation at the Euphoria Bar and Lounge. She was issued an appearance ticket and released.=

Thomas F. Hofmeier, 24, of Batavia, is charged with criminal possession of a weapon 3rd, criminal contempt 2nd, menacing 2nd, and petit larceny. Hofmeier was arrested on March 17. He is accused of threatening another person with a knife during a domestic incident on Ellicott Street and stealing their dog. He was arraigned in Batavia City Court and remanded to the Genesee County Jail. The dog was later located and returned.

Jesse J. Kessens, 20, of Batavia, is charged with criminal contempt 1st and harassment 2nd. Kessens was arrested on March 13. He allegedly slapped another person in violation of an order of protection. He was arraigned in Batavia City Court and remanded to the Genesee County Jail in lieu of bail.

Elizabeth N. Jones, 19, of Batavia, is charged with petit larceny, criminal mischief 4th, resisting arrest, and obstructing governmental administration 2nd. Jones was arrested on March 11. She allegedly stole numerous lottery tickets while working at the Speedway gas station on West Main Street, then resisted arrest and damaged property while being taken into custody. She was issued an appearance ticket and is due in court on March 24.

Diana T. Bueno, 48, of Batavia, is charged with DWI. Bueno was arrested on March 14 following a traffic stop on N. Lyon Street. She was issued several traffic tickets and is due in court on March 25.

Margaret D. Robinson, 37, of Cheektowaga, is charged with criminal trespass 2nd and harassment 2nd. Robinson was arrested on March 17. She allegedly entered a residence on East Main St. without permission and struck another person in the face. She was arraigned in Batavia City Court and released.

Stacy L. Colombo, 51, of Pavilion, is charged with unauthorized use of a motor vehicle 3rd. Colombo was arrested on March 12. She allegedly rented a vehicle and failed to return it. She was issued an appearance ticket and is due in court on March 31.

Ramiro Gaona, 30, of Labelle, Fla., is charged with DWI. Gaona was arrested on March 14 following a traffic stop on West Main St. He was arraigned in CAP Court and released.

Shelby L. Fyer, 30, of Batavia, is charged with criminal possession of a controlled substance 7th. Fyer was arrested on March 19. The charge stems from a Dec. 15, 2025, incident when she was allegedly found in possession of narcotics while being arrested on an unrelated warrant. She was issued an appearance ticket and is due in court on March 31.

Robert W. Paine, 40, of Summerville, S.C., is charged with DWI. Paine was arrested on March 15 following a traffic stop on Bank Street. He was issued several traffic tickets and released.

Rochelle Bradford, 45, of Rochester, was arrested on March 18 on an arrest warrant issued after she failed to appear in court on a misdemeanor traffic ticket. She was arraigned in Batavia City Court and released.

Cordero L. Royes, 39, of Batavia, was arrested on March 16 on a bench warrant related to a December 2022 incident in which he was charged with harassment 2nd. He was arraigned in CAP Court and released.

Dennis J. Calkins, 46, of Albion, was arrested on March 15 on a bench warrant related to a September 2024 traffic stop in which he was allegedly found in possession of narcotics. He was arraigned in CAP Court and is due in Batavia City Court at a later date.

Jasmine L. Nelson, 28, of Batavia, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, and criminal use of drug paraphernalia 2nd. Nelson was arrested on March 24 following an investigation into an incident in which she allegedly left narcotics and drug paraphernalia inside a rental vehicle when she returned it. She was arraigned in CAP Court.

Wayne D. Potter, 42, of Batavia, is charged with failure to register as a sex offender. Potter was arrested on March 23. He allegedly failed to register his address as required as a level 2 sex offender. He was arraigned in Batavia City Court and remanded to the Genesee County Jail.

Tyler W. Reeves, Austin A. Heideman, Jamie A. Dutton, Johnathan L. Soloman, Julie L. Dutton, and Sandra L. Marsceill are each charged with criminal possession of a controlled substance 7th. All six were arrested on March 19 following a parole home visit on East Main Street, where they were allegedly found in possession of narcotics. Soloman was additionally charged with tampering with physical evidence, falsifying business records 1st, and criminal impersonation 2nd. Marsceill was additionally charged with tampering with physical evidence. Reeves was additionally charged with criminal possession of a weapon 3rd.

Chad E. Alwardt, 46, of Pavilion, was arrested on March 19 on an arrest warrant for criminal possession of a controlled substance 7th. The charge stems from a December 2024 incident when he was allegedly found in possession of narcotics. He was arraigned in CAP Court and released.

Jon H. Bush Jr., 42, of Batavia, was arrested on March 21 on a bench warrant after failing to appear in court on a misdemeanor traffic ticket. He was arraigned in CAP Court and released.

Mariha E. Taylor, 33, of Rochester, was arrested on March 23 on an arrest warrant after failing to appear in court on a misdemeanor traffic ticket. She was arraigned in CAP Court and released.

Nasir C. Nathan, 30, of Batavia, was arrested on March 20 on an arrest warrant after failing to appear in court on a misdemeanor traffic ticket. He was arraigned in CAP Court and released.

Eddie L. Miles, 54, of Batavia, is charged with obstructing governmental administration 2nd and petit larceny. Miles was arrested on March 24 during a parole home visit, during which he allegedly ran from the residence. He was located several hours later at a residence on Thorp St. He was held at the Genesee County Jail pending arraignment on a parole warrant.

John Watkins, 43, of Rochester, is charged with driving while ability impaired by drugs. Watkins was arrested on March 19. The charge stems from an investigation into a January traffic stop. He was issued several traffic tickets and released.

Michael J. Metz, 48, of Alexander, is charged with DWI. Metz was arrested on March 21 following a traffic stop on Washington Avenue. He was issued several traffic tickets and released.

Heriberto Benitez, 52, of Batavia, is charged with trespass. Benitez was arrested on March 21. He was allegedly found on the property at Tops after having previously been trespassed. He was issued an appearance ticket and released.

Jason W. Alexander, 47, of Batavia, is charged with harassment 2nd and resisting arrest. Alexander was arrested on March 19. He allegedly threatened another person during an altercation at the Batavia City Centre, then allegedly resisted arrest and kicked an officer in the face. He was issued an appearance ticket and released.

Gloria L. Peckham, 65, of Batavia, is charged with petit larceny. Peckham was arrested on March 20. She allegedly stole property from another tenant in her apartment building. She was issued an appearance ticket and released.

Macy F. Paladino, 44, of Oak Street, Batavia, is charged with petit larceny. Paladino was arrested on March 16 at 8400 Lewiston Road in the Town of Batavia. She allegedly stole an Apple Watch from the location. She was released on an appearance ticket and is scheduled to appear in Batavia Town Court on March 24.

Hailey E. Olender, 21, of Stevens Road, Tully, is charged with DWI with a BAC of 0.18% or more, DWI, aggravated unlicensed operation, failed to turn as required, and failed to use designated lane. Olender was stopped at 10:22 p.m. on March 17 at 8330 Lewiston Road in the Town of Batavia by Deputy James Stack. She allegedly drove while intoxicated with a BAC greater than 0.18%. She was released on appearance tickets and is scheduled to appear in Batavia Town Court on April 9.

Bailey M. Burns, 26, of Woodstock Gardens, Batavia, is charged with obstructing governmental administration 2nd, operating a motor vehicle without an inspection certificate, equipment violation for no left-side mirror, muffler exhaust system violation, and a dirty plate or plate covered by glass or plastic. Burns was arrested at 8:44 p.m. on March 17 on West Main Street Road, Batavia. He allegedly refused to provide identification to law enforcement following a traffic stop. He was released on an appearance ticket and is scheduled to appear in Batavia City Court on April 7.

Brandi L. Reuben, 30, of Martin Road, Alabama, is charged with aggravated harassment 2nd. Reuben was arrested on March 21 following an investigation into an aggravated harassment complaint. She allegedly sent threatening messages to another individual on multiple occasions. She was held at the Genesee County Jail pending arraignment in CAP Court on March 21.

Michael E. Russell, 63, of South Lake Road, Pavilion, is charged with DWI, operating a motor vehicle with a BAC of 0.08% or more, and unsafe turn/failure to signal. Russell was stopped at approximately 8:03 p.m. on March 20 on Route 19 in the Town of Pavilion by Deputy Zachary Hoy. He was issued traffic tickets and released. He is scheduled to appear in Pavilion Town Court on April 22.

James J. Boyce, 35, of West Main Street Road, Batavia, is charged with petit larceny and criminal possession of a controlled substance 7th. Boyce was arrested on March 23 at 4133 Veterans Memorial Drive, Batavia. He allegedly shoplifted property from a local store and was found in possession of methamphetamine. He was released on an appearance ticket and is scheduled to appear in Batavia Town Court on April 7.

Lucas D. Booth, 33, of Clinton Street Road, Bergen, is charged with criminal possession of a controlled substance 7th, petit larceny, and trespass. Booth was arrested at 3:54 p.m. on March 12 on Wortendyke Road, Batavia. He is accused of being on someone's property without permission with intent to steal. When deputies detained and searched him, he was allegedly found in possession of methamphetamine. He was held pending arraignment in CAP Court on March 12.

Michael W. Vanslyke III, 43, of Vine Street, Batavia, is charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia 2nd. Vanslyke was arrested on March 14 at the Fairbridge Inn & Suites on Federal Drive in Batavia. He was released on an appearance ticket and is scheduled to appear in Batavia Town Court on March 24.

Crystal A. Mounts, 48, is charged with petit larceny. Mounts was arrested at 11:25 a.m. on March 18 at 4133 Veterans Memorial Drive, Batavia. She allegedly stole $161.73 worth of merchandise without paying. She was released on an appearance ticket and is scheduled to appear in Batavia Town Court on April 7.

Aaron M. Gawlik, 48, of Drake Street Road, Oakfield, is charged with criminal possession of a controlled substance 3rd with intent to sell and criminal possession of a controlled substance 4th. Gawlik was arrested on March 11. During a parole home visit, he was allegedly found in possession of a large quantity of narcotics and cash. He was held pending arraignment in CAP Court.

Bennie Wright, 41, of East Main Street, Batavia, is charged with two counts of criminal possession of a controlled substance 3rd, tampering with physical evidence, and three counts of criminal use of drug paraphernalia 2nd. Iris L. El-Amin, 54, of Central Avenue, Batavia, is charged with one count of criminal possession of a controlled substance 3rd and two counts of criminal use of drug paraphernalia 2nd. Both were arrested on March 20 after the Genesee County Local Drug Task Force executed a search warrant at 316 East Main Street and 24 Central Avenue, Batavia, stemming from a narcotics investigation. Both are scheduled to appear in Batavia City Court on a future date. The investigation is ongoing, and additional charges may be pending.

Richard M. Schiersing, 50, of Park Road, Batavia, is charged with petit larceny. Schiersing was arrested on March 16 following an investigation into a larceny complaint. He allegedly stole merchandise from Walmart on March 9. He was released on an appearance ticket and is scheduled to appear in Batavia Town Court on March 24.

Junior W. Duffy, 50, of Oak Street, Batavia, is charged with conspiracy 6th. Duffy was arrested on March 12 following an investigation into a larceny complaint. He allegedly conspired with another person to steal merchandise from Walmart on March 9. He was released on an appearance ticket and is scheduled to appear in Batavia Town Court on March 24.

Shante C. Johnson, 28, of Batavia, is charged with criminal mischief 4th. Johnson was arrested on March 8 on West Main Street, Batavia. She allegedly went to a residence uninvited and damaged the homeowner's property. She was transported to the Genesee County Jail and is scheduled to appear in CAP Court on March 8.

Alabama Planning Board tackles data center site plan

By Brian Quinn
stream alabama planning board
The Town of Alabama Planning Board discusses the site plan for the data center project.
Photo by Howard Owens.

With residents in attendance, many holding signs opposing a STREAM U.S. Data Centers proposed data center project on 2.2 million square feet of Western New York Science & Technology Advanced Manufacturing Park (STAMP) property in Alabama, the Planning Board and an engineer examined the project's site plan Monday evening.

Project Double Reed is a $19.46 billion investment by STREAM US Data Centers. If approved, it will include three data halls on two parcels (90 acres total) - the North Campus and South Campus. Each building will be 733,338 square feet.

The start of the meeting was delayed after a woman who would not give her name, despite speaking publicly, said those at the meeting need to communicate with each other. She also wants to know who will occupy the data center.

"We need to work together, not in opposition, and not by people - millionaires, billionaires, who have already not (told) us who's coming here. That's a disgrace, not to know that," she said, standing at the front of the room between the residents and the Planning Board.

Town Supervisor Robert Crossen said it was 7 p.m. and the meeting had to start. The woman insisted that she was almost done and continued speaking.

"The longer you speak, the longer we'll be here ... tonight. It's not a meeting where there's comment for the public," Crossen said.

Pointing to someone sitting with the STREAM group, the woman said the man hasn't answered questions for the Planning Board.

"He hasn't answered community questions. This is a disgrace," she said. "I'm in solidarity with you (board members). I'm in solidarity with all the people in America."

Board Chairman Carl Kumpf then started the meeting at 7:02 p.m. while the woman continued to talk.

"We need to stop this AI (artificial intelligence). It's wrong and you all know it," she said, pointing at STREAM and project representatives.

The woman said the issue is personal to everyone who lives here.

"We need to stop this now," she yelled. "How many people are profiting from this?"

Crossen said the town appreciates people coming to meetings and their willingness to participate.

"However, at prior meetings, there's been disruption, much like what we saw here. That just can't continue," he said. "Site plan review is a detailed process, requiring all these people's undivided attention. It's difficult. They have a lot of plans in front of them. They have a lot to go over and a lot of issues."

Once the meeting got started, there was discussion on several aspects of the site plan. The board did not make any decisions on the plan Monday.

Water system

Robert Klavoon of Wendel Companies, Inc., the engineering firm working with the Planning Board as it goes through the site plan evaluation, said STREAM U.S. Data Centers provided documents showing that the closed-loop, air-cooled system will require very little makeup water over the course of facility use. The data centers would use glycol, a common antifreeze ingredient for mechanical cooling systems. The project is expected to need about 20,000 gallons of water per day. A 2017 water supply agreement between Genesee County and Genesee County Economic Development Center (GCEDC) states that about 200,000 gallons of water per day are available for STAMP.

"The concerns that were brought out about the glycol being discharge, at any point, into the sanitary sewer, are unfounded and they just don't exit," Klavoon said. "That closed-loop system is used for the chillers and then for their equipment related to the cooling of the proposed data center equipment. (It's) very unlikely that a failure of the glycol system would happen and they need only because of the environment that we are in up here in Buffalo, Rochester area, due to winter, to keep things from freezing to death."

Board member Brett Naas asked what would happen in the event of a discharge.

"All that would be contained within the operating floor of the pump room that they have," Klavoon said. "We did not see any floor drains in there. All their pumps are on concrete pads, so there's really no chance of that getting into the pumps. Working with the Fire Department, any potential spill, Hazmat, that would have to be handled at that time."

A 900-foot waterline extension would be required for the North Campus, Klavoon said.

"The GCEDC will be responsible for that 900-foot waterline extension on Crosby Road," he said. "That will take that to the northern boundary of the proposed north site for STREAM. That will allow them to connect their water service at their hotbox for their backflow prevention into their northern facility. That would all be installed per Health Department requirements for that."

Sanitary sewer system

Discussing the sanitary sewer system at the site, all the sanitary discharge, about 3,700 gallons per day, will be from the employees. For the time being, the discharge will go to an existing tank and be pumped out periodically.

"Ultimately, when the force main and the pump station are built for the total STAMP project site, it will be connected into that," Klavoon said.

Naas asked whether the plan is to have sanitary discharge from STAMP go to the village of Oakfield's wastewater treatment plant and Klavoon said that's the case.

Noise study

Klavoon said Wendel and the town had an independent noise study done, as did the GCEDC. STREAM presented the findings on its noise study at the last Planning Board meeting.

"We had a meeting, all of us, last week, did introductions and did some high-level comments on that," he said. "About three hours before this meeting, I received all the information that we requested, which is files that the subcontractor for STREAM used to do the modeling of wind information, generator information, as well as the chiller information. That review is ongoing at this time."

There is nothing definitive about whether the noise study STREAM submitted is OK, but people are studying it and the noise scenarios it includes.

"The different scenarios we have are just the emergency generators running, where there's no power to the facility; also the chillers when they're at maximum capacity, whatever the number that they have up and running," Klavoon said. "The generators are going to be tested weekly for about 10 minutes at a time. If this project is approved, we will work with the applicant (STREAM) to make sure that the testing of the generators is all at different times. We don't want all six generators doing their weekly tests at night.

Board member Lorna Klotzbach asked what would happen if the data center began operating and didn't meet the noise regulations. The reply was, that becomes a code enforcement issue.

Town Attorney Mark Boylan said if there's an order to correct a problem, it must be corrected in 30 days.

"If they don't, they'll be issued an appearance ticket to appear in court to address the issue before a judge," he said. 

"What if there's not a mitigation?" Klotzbach said. Boylan said the operation could potentially be shut down.

Generators

In discussing generators, Klavoon said there will be six at the site, two for each of the three data center buildings.

"The intent of the generators is for life safety only. They will not be sized large enough to provide backup power to each of the three buildings," he said. "If that was the case, they would need many, many more generators, 20, 30, 40 - whatever it works out to be - in order to handle that load. The applicant has felt that installing fully redundant generators for the facility is not necessary."

If there is a power outage, uninterruptible power supplies within each building will allow equipment to shed its load responsibly, rather than shock the system.

"Generators for each facility will fire up, providing heating, light, security, air conditioning, life safety, fire alarms, things like that," Klavoon said. "It will not provide power for the entire facility itself."

If the town Planning Board approves the site plan, there would be a condition that generators not be installed until the state Department of Environmental Conservation (DEC) has issued permits. The generators will sit on top of fuel storage tanks.

"The expected fuel on board for each of the generators is in the range of between 7,000 to 10,000 gallons," Klavoon said. "That has not been finalized yet. That will be handled during the building permit piece."

STREAM Data Centers must prepare a Spill Prevention, Control and Countermeasure (SPCC) plan.

"The SPCC plan outlines the 'who, what, where, why, when' in the event of an emergency, who's responsible for fueling the facility, when it will be done ..." he said.

Roadway construction requirements for North Campus site

The road STREAM proposes using as an access road into the site is on GCEDC property.

"That road is not going to be maintained by the town of Alabama or Genesee County Highway. That will be a private road. The applicant has indicated that they will build that access road, which will essentially be their long driveway, to town highway standards," Klavoon said. "Any snowplowing, maintenance, cutting the grass adjacent to it is all going to be STREAM's responsibility."

Emergency Services

STREAM gave Wendel Companies information on the fire truck turning radii for the whole site.

"We sent that over to Genesee County Emergency Management as well as the town of Alabama Fire Department for their review and comment on that," Klavoon said. "I can tell you that a 53-foot tractor-trailer will make all the turns within the roads that are there.

On the ring roads at the North and South campuses, STREAM has spaced fire hydrants at 350 feet apart.

"The town of Alabama Fire Department is reviewing that, if they have any comments or anything they want to see. There's a dedicated fire service line coming off the water main," he said. 

Parking

In January, STREAM said it would provide 1,300 parking spots, per the town code.

"In the town of Alabama, site plan code, there is a waiver process by which the town Planning Board can waive or modify that parking requirement. They (STREAM) have asked to do that," Klavoon said. "Essentially, what will happen is that there's an entrance and exit that is gated. You will come up to the guard booth. You will come in and either get buzzed through the secondary gate and then go and park in visitor parking, and then go into the facility, or if there's something that's waiting on somebody, then you can go to that auxiliary parking lot just to the right of the guard booth. Both sites are set up to have that guard booth for security."

There is also an exit lane.

"The deliveries, once the project is potentially built, everything goes through that security checkpoint, then appropriately from there, depending on where you're trying to go," he said. "Based on the number of people they're proposing and the number of shifts, we feel that there's adequate parking ... The 1,300 spots is not necessary for this project."

Drew Reilly of Wendel Companies said you don't want to "overpark" sites.

"It's not sustainable. It's not good to have 3,000 parking spaces when you only need 100 or whatever," he said.

Next steps

The town Planning Board set a public hearing on the site plan for 6 p.m. on April 20 at the Alabama Fire Department. The public may also continue to email comments to toastreamcomments@yahoo.com as part of the process.

"From a process standpoint, I'd really like to hear officially, on the record, from the public ... I know they're very interested in speaking," Reilly said. "We want to have a public hearing so we can make sure all their comments are addressed."

The Planning Board and consultants debated whether to set the public hearing for 6 or 7 p.m. that day. Klavoon suggested starting the hearing at 6 p.m. might be advantageous for everyone.

"Is it advantageous to the public who wants to come to the public hearing?" said Klotzbach.

Klavoon said they would open the public hearing, and STREAM would give a brief presentation of probably less than five minutes. The board will then hear public comments. Klavoon said those who want to speak will be able to put an "X" next to their names on a signup sheet.

"We will not get into a back-and-forth between ourselves - the Planning Board - and the public," he said. "We will take the comments in."

Any emailed comments received before April 20 would be added to a document containing previous comments.

"Anything that we can answer between tonight and the Planning Board date, we will update those," Klavoon said. "We will issue another revision to those comments to answer any potential comments that are issued by the public at the Planning Board meeting."

Klotzbach said Planning Board members might have concerns about the start time.

"It's certainly kinder to all the officials, kinder to all the people who travel, to start at 6 o'clock," she said. "By asking this question, It's a weekday, a workday. Is it kind to the public to start the public hearing at 6 as opposed to 7."

Naas said there are probably people who can get there at 6 and others who can't make it until 7 p.m.

"I just want to make sure those who come in later have the opportunity to speak as well," he said.

stream alabama planning board
Photo by Howard Owens.
stream alabama planning board
Photo by Howard Owens.
stream alabama planning board
Planning Board Chairman Carl Kumpf.
Photo by Howard Owens.
stream alabama planning board
Rob Klavoon of Wendel Companies updates the Planning Board on the site plan for the STREAM project.Photo by Howard Owens.
stream alabama planning board
Photo by Howard Owens.
stream alabama planning board
Supervisor Robert Crossen reminds the audience the meeting is not a hearing and there were going to be no public speakers, asking members of the audience not to disrupt the meeting.
Photo by Howard Owens.
stream alabama planning board
A woman stood up to speak before the meeting started and when Supervisor Robert Crossen announced it was 7 p.m. and time for the meeting to start, refused to stop talking and continued to speak despite repeated reminders it was time for the meeting to start. She eventually walked outside and then returned later and took a seat. She refused to provide her name.
Photo by Howard Owens.

 

Q&A: Stream executives say they hear concerns, believe company will be good neighbors

By Howard B. Owens
Oisín Ó Murchú Stream's chief development officer, and Bradley Wells,senior site selection and development manager
Bradley Wells, Stream Data Centers senior site selection and development manager, and Oisín Ó Murchú , chief development officer.
Photo by Howard Owens.

NOTICE: The Stream Data Center project is the Town of Alabama Planning Board meeting for Monday night, 7 p.m., at the Town Fire Hall, for a site plan review.

At every opportunity — public meetings, public information sessions, and in media interviews — Stream Data Centers has spent months telling residents of Genesee County that it wants to be a good neighbor.

That hasn't been an easy sell. Their proposed project, a three-building, 2.2-million-square-foot data center campus on roughly 130 acres at WNY STAMP, sits beside two wildlife refuges and adjoins Tonawanda Seneca Nation land, raising reasonable concerns among residents.

And then there are the failures of previous projects — Plug Power and 1366 Technologies — that cause some people to distrust the entire process.

Oisín Ó Murchú (pronounced oh-SEEN oh-MUR-koo), Stream's chief development officer, and Bradley Wells, the company's senior site selection and development manager, acknowledged all of that in an exclusive interview with The Batavian on Monday morning at the Alabama Fire Hall. They are also convinced they have a strong case that they and Stream Data Centers can be trusted as committed community partners. The project won't negatively impact residents or the environment, and in the long run, the company will be an economic asset to the region.

"If the community gets behind this project, they will see the positive impact," Ó Murchú said. "They will see the opportunities, and they will see us as a company come in and support local initiatives that the town needs, that either the tribe needs or people need."

Wells said the company's commitment starts with listening.

"Trust isn't something built in a day," Wells said. "Trust is something that you earn over time. And I believe that our company has done that and will do that here."

Both men bring personal reasons for being invested in the project beyond the professional.

Ó Murchú grew up in a small community in the west of Ireland where a large infrastructure project came to his town and changed the trajectory of his life. It launched a career that took him from civil and structural engineering to Google, then to Stream, where he now oversees development.

"I firmly believe that these large projects, when planned correctly, can become a great pathway for people — kids of all different levels of their career — to access things that they never thought they may have been able to access," he said. "I feel like I'm an example of that."

Wells grew up in the Southern Tier, north of Binghamton, in a small town not unlike those in Genesee County. He said that background is part of why he was chosen for this project and why he takes it personally.

"I've seen what impacts it can bring to communities," Wells said, "and I really want to see that come home here to upstate New York, where I know that, just based on us being rust belt cities and some of the industries that have come and gone, we're looking at the precipice of the 21st century and what's next."

Wells lives in Syracuse and said residents can count on him remaining part of the community for the life of the project. Ó Murchú said the company is structured specifically to prevent the kind of handoff problems that plague large developments — the same team that starts a project follows it through construction and into operations.

"The biggest risk in projects is where you have handover and information gets lost," Ó Murchú said. "So the resources that are involved during acquisition and development follow the project through."

Stream Data Centers, founded in 1999 and headquartered in Dallas, has more than 250 employees and operates data centers in Dallas, Phoenix, Chicago, San Antonio and other markets. More than 90 percent of its inventory is leased to Fortune 100 customers. The company is backed by Apollo Global Management, a financial relationship that has drawn scrutiny from project opponents, who have cited former Apollo chairman Leon Black and his ties to Jeffrey Epstein.

Ó Murchú addressed that directly.

"Any type of ties with Leon Black were back in 2021 or prior, and he is no longer with the company," he said. "There is no relationship, no tie, or anything to do with this development, Stream Data Centers or Apollo and Epstein."


stream data center elevation

Key Facts:

The project

  • Three two-story data center buildings totaling approximately 2.2 million square feet on roughly 130 acres at WNY STAMP in the Town of Alabama
  • Total project investment: $19.46 billion
  • Connects directly to the 345kV bulk power system — a separate grid from residential neighborhoods — and will self-fund $268 million in electrical infrastructure

Jobs and economics

  • 1,200 peak construction jobs; approximately 90% union labor
  • 125 permanent direct jobs at an average salary of $88,461; 45 additional skilled trades positions through service providers
  • 30 to 40 ongoing vendor roles for local firms in security, landscaping, HVAC, electrical and plumbing
  • $7 million in base annual PILOT/host payments to Genesee County, the Town of Alabama and the Oakfield-Alabama School District, escalating 2% annually
  • $283.9 million in total PILOT payments over 30 years — exceeding what property taxes on assessed value would generate by more than $84.8 million
  • $270 million in sales tax revenue to Genesee County over 30 years from electrical usage
  • $1.463 billion in sales tax and mortgage tax abatements requested

About Stream Data Centers

  • Founded in 1999, headquartered in Dallas, Texas
  • Just over 250 employees; 31% workforce growth in 2024
  • 27 data center developments completed or underway nationally
  • More than 90% of data center capacity is leased to Fortune 100 customers, promising Fortune 50 tenant for the Alabama project
  • Co-managing partners: Paul Moser and Michael Lahoud
  • Backed by Apollo Global Management.

The Batavian: I have a lot of background available on you, but perhaps first, please introduce yourself to the community.

Oisín Ó Murchú: My name is Oisín Ó Murchú. I'm a civil structural engineer. Got chartered in Ireland, then moved over here and took my PE (Principles and Practice) exam. 

I think one of the things I've used as a guide throughout my career is that I want to work with good people and deliver good projects. That's been a big part of the moniker for where I work and why I work. Stream Data Centers and its partners really care about their staff and operations team. It makes me proud to have ended up here. I've moved here from Google. I think one of the things — I come from a small community in the west of Ireland. A large project came to my town, and I ended up having this career path and career trajectory because of a large project that I was able to get an internship on, and that I was ultimately able to start working for large, cutting-edge engineering companies, and then move through that career path to where I am today and to the company that I'm in today. So I'm really proud of what we do, and I firmly believe that these large projects, when planned correctly, can become a great pathway for people — kids at all different stages of their careers — to access things they never thought they could. And I feel like I'm an example of that, having happened previously.

TB: What attracted you to tech?

Ó Murchú: For me, the speed of what happens, I think. For everybody in civil engineering or structural engineering, the project lifecycle they're used to is working on projects that are three, four, five years, sometimes 10 years, based on the infrastructure side of things. I think for a lot of people, speed is scary, but for me, it's amazing to see these facilities developed so quickly, because it's a demonstration that you can actually put a large infrastructure project together, and with the right amount of planning on the front end, can actually deliver it really quickly as well. So that was a big part of the draw for me.

TB: Bradley, feel free to jump in. I imagine a lot of these questions might be more general project questions.

Bradley Wells: Yeah, and a lot of us are happy to answer questions across the spectrum here. I obviously wanted to bring Oisín in because I think he can speak a lot to the values we hold at Stream Data Centers. 

I would say, on a personal level, I grew up in the Southern Tier, north of Binghamton, so I'm happy to be back here. Similar to the standpoints Oisín was discussing, I have worked on large infrastructure projects that have moved rapidly like this, and it's one of the reasons I'm even at Stream. I have a history with Oisín, back when he was at Google, and I was working in a consulting role, and I had the opportunity to join Stream. I really appreciate the people that I work with and what we can do here, and that's why I'm excited to be part of this project, because I've seen what impacts it can bring to communities, and really want to see that come home here to upstate New York, where I know that, just based on us being rust belt cities and some of the industries that have come and gone, now we're looking at the precipice of the 21st century and what's next. And I truly believe that this is one of the things that can kind of bring things back.

TB: We had a personal conversation earlier, but it was after our interview, so I wanted to ask you on the record, where are you going to live, how much you'll be involved in this going forward -- how much are you going to be part of the community?

Wells: You can count on me being part of the community. I live in Syracuse. I work across the nation for Stream, but one of the reasons I was selected for this is obviously being local, and also the expertise I bring to these types of projects. So similar to what Oisín is saying, our team is here for the entire life cycle. And I open that up a little bit for who Stream is, too, in that we're not just a developer and then turn it over. We're a site selection, development and operation partner that is here for the long term. So even though we are essentially a landlord to these top tech talents, Stream itself will be a presence in this community for the next 30, 40, 50 years.

TB: Oisín?

Ó Murchú: To add to that a little bit as well — for us, continuity is very important within our teams, because you start a project and commitments are made and they need to be followed through. And the biggest risk in projects is where you have a handover and information gets lost in the handover. So the way we structure our development team is that the resources involved in acquisition and development follow the project through, supporting our operations team as it's developed and throughout its life cycle. So that's — we feel strongly about that structure. There are other structures out there where you have an acquisition team, a development team, a design and construction team and an operations team, and sometimes they're even different companies, and it jumps between those, and you end up with a loss of knowledge.

TB: What is your role in this project?

Ó Murchú: So I'm chief development officer with Stream Data Centers, so I run the development team and part of the site acquisition team. So my role in this project is to make sure that Bradley has the support he needs to implement his vision for the community and what needs to happen here. So from a day-to-day perspective, I'm on weekly calls with Bradley. We're reviewing the community development initiatives and where we can participate and be more active. We're also reviewing site diligence, the acquisition plan, and the power delivery plan, and pulling all of that together so we can get to an entitled site that our construction team can start developing.

TB: You are an engineer, so are you actually involved in the engineering, or are you at a supervisory level?

Ó Murchú: Just at a supervisory level. So I have used my 11 to 12 years in the industry, working as everything from an on-site civil superintendent all the way through to a structural design engineer, civil design engineer and more on the commercial contract negotiation side of things. So right now, I just try and take all of that knowledge and transfer it to the team as best as possible and make sure the team is supported. 

TB: How many employees overall are there in Stream Data Centers?

Ó Murchú: It's just over 250 employees. A lot of those are operations staff.

TB: And how many direct reports do you have?

Ó Murchú: At the moment, there are two of us who have a team of eight in the development team.

TB: And are those engineers and architects, or do you outsource that?

Ó Murchú: The skill set of our team ranges from people with MBAs to architects to different skill sets for our specific on-site teams. We have dedicated engineering partners that we work with. We generally have committed engineering partners who know how we like to do things. We don't generally just bring in new people for specific jobs. We generally have a team that knows how we do things, how we like to do things, and that moves around with us on projects.

TB: I'd say the way the company has presented is that you're the most ethical, environmentally friendly, community-friendly data center company in the nation. So why should we believe that? What's the underlying worldview for the company's owners, or whoever's in charge, setting that pace that informs that?

Ó Murchú: So from a company perspective, if you look at the vision, mission and values of the company, that is really what we believe — smart, nice, honest, passionate people — and that translates into the developments. I don't think anybody would make any extreme claims, but I do think this specific development, and I'll let Bradley talk to it, does represent one of the most environmentally friendly data center developments that is active in the U.S. at the moment.

Wells: Yeah, and that comes down to just the top-line elements, like water use being comparable to a large office building, the fact that our noise profile is going to be essentially at parity with what the normal ambient is out there, with 45 dB nighttime and 65 dB daytime being the elements there.

Ó Murchú: Actually, on the noise one — I was reflecting on it as I was driving out here. My kitchen dishwasher is 45 dB at night. I run that thing at night, and my door to my bedroom is like 10 feet down the hall, and I can't hear that dishwasher operating when I'm in bed. So from the pride standpoint, it's like — to say we can do that with the data center at a property boundary at nighttime, and the closest house is 600 feet away — that's where that fact-based environmental claim comes from. 

Wells: And working more hand in hand with those engineering partners that we're talking about, we've really pushed them to densify on this project, too. I mean, we're doing on 90 acres what would take a couple hundred acres to do from a capacity standpoint, and that's an intentional approach. The intention was to have the minimal footprint, densify the project so we can get as much as possible without disturbing wetlands or causing major visual intrusions. And even now that we're getting further into the site plan process, what we're talking about isn't just a warehouse full of computers. It can be something that has great architectural character, has intentional native landscaping to it that can — honestly, the landscape that we'll put in there, even with development going on, is going to be more productive than the fallow agricultural field that's out there to begin with, just from the standpoint of the flora and fauna that can be supported out there. So these are just a couple of the high-level points that make us feel really confident about this facility's environmental footprint.

TB: You mentioned the nearest house is about 600 feet away. What commitments will you make to that homeowner that they won't be disturbed by this?

Wells: Yeah, a lot of that comes from just how we're approaching the site design, as far as the landscape screening, and then even as we're talking about the acoustics — we feel really confident in what we're proposing for the equipment on there, to have it be really, really quiet, so that as you're standing 600 feet is the same as a doorway away, for the similar type of acoustic profile that his dishwasher has, it's very, very minimal.

Ó Murchú: The definition of disturbed is very subjective to specific individuals. So all I would say from this is we want direct engagement from people. We want to understand what they want, not what we think they want. And to me, that's the most important part of every strategy we have. It's like the school investment — we didn't say, "This is what you need to do." It's like, "Come to us and talk to us and tell us," and let's sit down within a small group with a fact-based conversation. And let's understand what disturbed means, and let's talk it out together.

TB: That was going to be along the lines of my next follow-up question. Because you're right, it's subjective — so they have a complaint, you have objective data measurements or whatever, and there's a problem. How will you commit to mitigating that, and how far would you go?

Ó Murchú: I would go back to the statement — we want to be good neighbors. We don't want anybody to feel like they're pressured to live beside a development they don't want to live beside. And we want to find a way for them to stay where they are comfortably. So that's a commitment we will make — to really sit down and look at the problems. And sometimes we may decide to do something without facts to back it up. But at the same time, is that the right thing to do for those locals, because they live close? Probably is. So we'll lean in and we'll do that. There's no real specific examples of that at the moment, because as we said, we feel the development as proposed addresses all of the concerns. But as the development progresses, and after it's developed, we'll be here to sit down with them and address anything post-development that they still perceive as an issue.

TB: This jumps ahead of my questions, but it's related — and I was going to ask this in context, not just of these issues, but also your commitment to supporting the community. Will there be a position locally that's sort of an ombudsman, a community liaison — there's a problem, we know exactly who to go to, if there's a need in the community, and we think Stream can support it, we know exactly who to go to. Will there be that kind of person?

Wells: Yeah, definitely. Obviously, as we're talking about, I am intended to be that kind of continuity throughout the entire project, but we have people — even our operations team — as Oisín is saying, even after development, there are people there 24/7 that you could call up and say, "Hey, I have a problem," or "Hey, I see something." And we have great people who are willing to engage there, too. But we are also expanding our team to be able to continue to work with the community, as far as investments that we can make, both pre- and during-development, and post-development kind of initiatives.

Ó Murchú: So part of the development team is community development, and we will have dedicated resources to the specific projects as well, because running the physical development as well — that is a support system where that need grows, and that needs extra people. And we also hire local — Martin Group and other local consultants — to support as well. So the boots on the ground, local feel and local feedback as well.

TB: A lot of the material you sent over was about the Goodyear campus (outside of Phoenix, Arizona). You seem to be pointing to that as an example of being a good neighbor. But I noticed, looking at the video, it's a very different setting. It's already an industrial area; there's some farmland around. It's a long way from — looks like — a lot of residential. Are there any projects that you have that are comparable to what we have here — the sensitive areas, the closer residents, the not-already-industrial?

Ó Murchú: So what I would say about the Goodyear campus is there are residences across the road from that development, similar to here. It was a 150-acre farm with one facility at one end when we purchased it. So even in its developed state, it probably looks a lot different now. I appreciate that the airport was there and the logistics, but we actually had active farming on that site as we developed south, and we had a super relationship with the farmer — they basically farmed it for crops while we were developing sites. So I think there are more similarities with that development than you would think, in terms of its original state and its developed state. That's why we picked that as a comparison.

TB: Are there any other small rural communities where you're active?

Ó Murchú: I think we have a few. Did you mention the tour that happened?

Wells: Yeah, so we actually did a tour with some of the local town officials at three different locations — one in San Antonio, that's actually very similar in dimensions to what we're going to build here, from overall height, footprint, length, width — as well as two other facilities outside of Dallas. One of those facilities in Dallas actually is directly across from a large condominium and townhome development, and some of them, I know, just in conversations they had before they joined us on site, had gone around the neighborhood and asked some questions of the residents there, too. And many of the residents actually weren't aware that there was our data center across the street, let alone two larger data centers right next to them. They obviously recognized them as industrial properties, but they had no issues or understanding of exactly what was there, again, even from a noise or operations standpoint. So it was good to take them through those facilities and see that all firsthand. And I use that just as an example — the front of that Stream data center facility is probably 300 feet away from that residential development there, too, and we've never had any issues with the residents at that facility.

Ó Murchú: The other location I would call out is in Atlanta, in Douglas County, where we're developing. We've put together a large development there. There are a number of residential properties around that property. We ultimately rezoned the property. We sat down with those residents and walked them through our plan for the development. And there were people who didn't like it before we went in, and it was because of all the news online about data centers using a lot of water, being really noisy, and not being good stewards of the community. And ultimately, with our development plan, we were able to sit down with the facts about what we were actually building there, and they came on board and even stood up and spoke in favor of the development when we brought it to the planning board.

TB: So how far along is that project?

Ó Murchú: We broke ground, and we're developing our first building at the moment. So we're grading the pad at that property right now.

TB: From what I saw online, there are some issues with data centers in Goodyear — they're looking at putting in more zoning limits and noise and water rules. What's driving that, and has anything you've done there helped drive that?

Ó Murchú: The interesting thing about Goodyear is we're actually actively engaged with them, structuring those new ordinances. And some of the things that they're looking at — they actually toured our facilities with us, and they see how the lower building height actually impacts how you squeeze in your equipment in the building, and they see how it actually creates issues for operations and the team working on the building. So they're looking to raise the equipment height, and they've made some concessions on rooftop screening to improve flow for personnel and operations throughout the facility. I think they are looking at noise ordinances, but honestly, when you look at our facilities, none of those noise ordinances would affect how we operate, because we're typically well below the limits at our property boundaries.

TB: So this project has received a lot of criticism, and so far, have there been any concerns raised by town officials or other people in the community that you've been responsive to, that you're making changes to what you're doing, or have you rethought some things?

Wells: I mean, even our sketch plan — we had that here, too — talking about general massing of everything. And we weren't yet at the point where we really had a substantial amount of good landscape design there. And I think that's something that's progressed a lot in that same time, to be able to again acknowledge the context in which we're in, understanding that there are two wildlife refuges here, the landscape in itself is the habitat for a lot of that. So again, trying to look at it from the landscape performance standpoint is one thing that I feel pretty proud that we've really advanced in that amount of time. And then obviously, again, noise is one of the things that has constantly been a question for us as well. I know there are some local residents who have asked for additional information directly to the team and me here, too, and we've provided them both with specific equipment specs, as well as the ability to look at other opportunities where there are similar types of facilities operating with those same types of equipment and the data that's behind that. So where we can, we're providing all the information to be as transparent as possible about what we're doing.

Ó Murchú: I even think, if you look back to the first project award and the competing projects that were proposed for here, that's a hallmark of why this development is so different. The other proposed projects had 30 to 40 generators per building. We're down to two generators per building for backup generation at the site. So I even think we have been really proactive in looking at which developments and what types of use would make sense up here. I think even from the project award, the first decision, you can see that, and it is a testament to GCEDC and the local team for picking a project that was more suited to the environment here.

TB: It's my understanding that the discretionary power of the government agencies involved in the approval process — they have to apply objective standards, it's some high bars, it just can't be "I don't like it" sort of radar. But you're doing a pretty much full-court press to convince the community you're going to be good neighbors. What in the regulatory process concerns you that could trip you up, that community support matters?

Ó Murchú: I don't associate community support with the regulatory process. We're good people, and we want to be accessible to the community. We really do want this development to be transformative for the community, regardless of what happens through the regulatory process. That's a project-related item. We're looking at this as a way to bring the benefits to the community, and all we want from them is engagement on what kinds of things will make a difference out here, and how we can actively work with you on those things to make a difference. So our full-court press on the project, while it looks like "Oh, they're just doing it to get the project approved," I don't associate those two together. And it really is — I worked with Bradley when we were at Jacobs, I worked with him at Google — we hire good, nice people who treat people with respect. That's how our whole team is structured, and that's how we all work here. So the one thing I would like for people to come out of this is — you're going to have good people in your community, you're going to have good neighbors, and if you have a problem, we're going to sit down and work with you, and we're going to figure it out.

TB: There was a book that came out while I was an executive at Scripps called "The No Asshole Rule" — that was always how we tried to operate.

Ó Murchú: Yeah, definitely. And you're going to have tough days at work, but if you're working with good people, it's ultimately a place you want to be. You're going to be proud of where you are, want to be there and continue to work there.

TB: What commitments can you make in writing as far as water use? What happens if you exceed it? Are you willing to consider a condition that residential and commercial use take priority during any drought?

Wells: Yeah, I mean, the technical information is out there in the site plan. And there's a difference even in the total amount of water, between what's being used for toilets and whatnot and what's being used for humidifiers in the building. Anybody who lives in upstate New York knows that once winter comes, things start to get staticky, and sensitive electronic equipment doesn't really like that, either. So when people look at that, you can kind of see the breakdown between what's used for potable water and what's used for climate control. We feel pretty confident in the numbers that we have there. So we're obviously open to other commitments that we can make through the regulatory process as we move forward, too. But I'd also throw it out there that GCEDC has confirmed the capacity available in the park, which is hundreds of thousands of gallons more than we use on a daily basis. So, for there to be a point at which there'd be a significant drought that we'd have to cut back even on that very low water use, would be very unlikely. But again, if it made the community more certain about our values and our commitment, yeah, we would definitely consider those things.

Ó Murchú: And just to put it in relative terms as well — the real phenomenal water use just comes from canteens, cleaning and flushing toilets. So, from an offset perspective, it's such a small amount of water that I really don't think, from a conservation perspective, people would see us as a large water user. There are other commercial businesses — even this room we're in right now; I think it has a capacity of about 120 people. That's more people than will be on our whole site. And I know that's a different discussion, but from a water-use perspective, this building would have a larger profile for water and wastewater use when it's in use than our three data centers would.

TB: I wanted to talk a little bit about jobs. Any priority for Genesee County contractors or residents regarding work related to this facility?

Wells: Yes, and we're talking about opportunities for us to either work with local programs like Genesee Community College to be able to help people get in the door there, too. And our general contractor team is local as well, and I think we're going to have 90% union labor on the project. So, especially from the construction part of it, it's absolutely going to be very much a local effort for the building of these facilities. And we, as a company, are working to get more people in with lower hurdles on the technical track, too, because these are not just software jobs — these are people who need to understand mechanical, electrical and plumbing systems to help them work. And we're working in other areas to essentially get people in and train them up in the industry, instead of expecting someone who says, "Hey, I've already worked in the industry for five years, can I have a job?" Obviously, that's a great placement, but we want the opportunity for people to grow with the industry and with us.

TB: I realize you're not announcing which Fortune 50 company you're bringing in yet, but if that's somebody who cancels, scales back or leaves early. Are there clawbacks or other guarantees in place to protect the community?

Ó Murchú: So, as Stream Data Centers, we are making these commitments. So we will be here. If, for whatever reason, they leave, we will still be here, meet our commitments to the community, and ultimately look for another tenant in the building. So I think the community should take comfort in the fact that we, as Stream Data Centers, are making all of these commitments and we're going to back them up.

gcedc protesters
File photos. Oppenants to the Stream Data project at a GCEDC board of directors meeting.
Photo by Howard Owens.

TB: Is there any reason we should be concerned that Stream Data Centers would say we don't want to be in Genesee County anymore, and we wind up with a different partner?

Ó Murchú: I don't think so. From what we've seen, there is obviously a public perception of data centers, and honestly, I think that is one of the biggest issues. From the work we've done with Genesee County, the local town and everyone here, there has been a lot of support because of the recognition of the economic benefits the project will bring and the other community development opportunities it will create. So we're comfortable that there is strong enough support to move the development forward.

TB: I want to talk about Apollo because opponents have been talking about it a lot. What is their role? Do they have any controlling authority that would affect this project in any way?

Ó Murchú: So the first thing I want to share is Apollo invested in Stream Data Centers because of the people who are in Stream Data Centers. When they were doing their due diligence on a data center platform to get involved with, one of the big aspects was Stream Data Centers — smart, nice, honest, passionate people who care about their communities and who build, own and operate data centers. So their investment hypothesis is based on us being in communities, ingrained and long-term, and having people from the community be part of the development. So, from that perspective, what we're doing here aligns exactly with Apollo's intent for this development. And I will say, personally, they're more than supportive of heavy investment in the community, and we, as a business, are trying to figure out how public misconceptions about the data center industry and about community investment can be solved together. So they're actively involved. They are actively involved in investment decisions, and every decision we have made to date — similar to the money that went to the community and the money that went to the school — is made by a combined decision-making group. But they're fully supportive of Stream Data Centers, our mission, vision, values and how we operate. And they've been more than supportive.

TB: I think as soon as you bring in the name Epstein to this, people are not going to trust Apollo. So how do we trust Apollo?

Ó Murchú: From that respect — and I think it's well documented — any type of ties with Leon Black were back in 2021 or prior, and he is no longer with the company, and there is no relationship, no tie, or anything to do with this development, Stream Data Centers, Apollo and Epstein. And we're just going to have to keep sharing that, because I know that it will get misconstrued, but that is the reality of the situation.

TB: Are there — I think they operate in a pretty highly regulated environment. And even though you say Leon Black's not involved anymore, it raises for me the specter of whether, if they get into any kind of regulatory or financial trouble, that would affect this project.

Ó Murchú: The way these projects are structured is — because they're such a high capital project — we work with our tenant, the development and our financial partner, to ensure that everything is sequenced so that the tenant, the financing and the development team are moving in sync with one another. So that would not impact the development.

TB: Once all the approvals are in place and you're ready to break ground, we shouldn't have any concern about financial hiccups?

Ó Murchú: No, definitely not. These projects are actually the opposite — they are much more predictable because of the high capital investment required and the need for engagement across the capital stack to bring them to fruition.

TB: One part of what drives skeptical questions — and I think this is what makes the community skeptical — is that while I understand kind of what happened at the Ag Park, what happened with 1366, what happened with Plug — people see that and go, we can't trust any of you guys.

Ó Murchú: And one of the huge differences here is the industries that rely on government subsidies. And from that respect —

TB: You're talking specifically about Plug and 1366?

Ó Murchú: Yeah, lots of different businesses where, depending on how the regulations change, or depending on how the preference towards renewable energy or not renewable energy changes, or what happens with tax credits that are available, that can have a big impact. I think one of the things we've heard a lot about here and proactively talked through is the incentive package for this project, which is based on available statutory requirements. That's not discretionary. That is what the park offers as part of its development. The reason they've had to put a structure like that together is that they have to be competitive regionally for these types of projects that could effectively go to any state. So our desire is to bring this commercially competitive project to upstate New York so that the investment lands here. But ultimately, we have to be competitive with another data center developer in another city or town. So I think there was an analogy about players on sports teams — it's like there is a competitive landscape, and generally they'll go to the place that pays them the most or has the best system or setup. And it's a similar thing with the data center industry. It's like there's so much happening across the U.S. that, to land a project that actually brings real investment here, you have to operate at a cost that makes sense. 

(The recording cut out at this point briefly, but Ó Murchú confirmed the project is receiving no federal or state grants, and the funding, other than the potential tax incentives via GCEDC, is private equity.)

TB: Your documents mentioned 180 site selection criteria. What specific standards from those policies — your internal policies — will be enforceable? Or will you make it enforceable as far as STAMP? First of all, let's back up — can you discuss what those 180 criteria are, especially as they relate to the local environment?

Ó Murchú: So I'm a civil structural engineer, and the structural engineer in me is very data-based and data-oriented. Through our experience across the team — Bradley's experience, my experience, Mike Levo, Taylor Ogilvy and the number of team members we collaborated with on those 180 line items — we came up with guidelines for our specific projects that they would need to meet. So in the environmental aspects, it goes through your Phase 1 ESA, your Phase 2 ESA if you need to do it, your cultural resources studies, your threatened and endangered species studies, your noise studies and your air emission studies. And then we have a section on community development and community impact, as well as the guidelines we abide by as a group and as a function of the company. And we're already implementing all of those. The reason you see us here today, and the reason you see us working so hard with the community, is because we feel we have a responsibility to do that, and we're not just going to go away. It's kind of an interesting one — to have put all of those together from the ground up with the intent of being responsible, with assurance of the community and the environment, and then we're very much trying to challenge a perception of the data center industry that has been established because of other developments that have happened elsewhere and have had negative impacts. So we hope people see and honestly trust us, but we know that's a hard ask given everything out there.

Wells: Yeah, and then ultimately what that looks like on the ground here, too, is within the two processes that we're working with — with GCEDC and the Town of Alabama — there already is a really comprehensive environmental impacts report and statement that the project needs to have consistency with. Our application to GCEDC is over 145 pages and has technical summaries about what we're proposing. And that goes even further with the Town of Alabama — we need to comply with all zoning codes. Ultimately, with those two, as far as commitments — those are the commitments. Those applications say the town's going to approve this site plan, which says you need to have these dark-sky-compliant lights; that's also in the environmental impact statement. When those are ultimately approved by those authorities, that's what people look back with. That's what the county is going to look back with. That's what the town is going to look back with as we start to develop — this is what your site plan was, this is how it's supposed to be developed. I want to see those lights come in, I want to see that landscape come in. So that's part of this overall process — what Oisín's talking about is what gets us on the ground to begin with and guides us in shaping our initial proposal. And then we align that either to what we think are really prescriptive, well-done regulations to begin with, or in the example of Goodyear, where there are opportunities for us to work with municipalities to say, hey, your code says this, we think there's a better way to do it that meets your objectives and also allows us to build a really high-quality development.

Ó Murchú: The other analogy I'll draw is the airline industry, which is generally considered one of the safest industries in the world. They effectively double down on checklists. That is how they have been able to be that safe and have that reputation. And when you drill down into why, it's because they have a good checklist, and they close out their checklists. And no — Bradley will be looking at me like that — you asked what I do on a weekly basis.

TB: So we've talked a lot about trust, about the culture of your company. So I want to ask each of you — your name on this promise — what do you promise to Genesee County about this project?

Ó Murchú: I would say back to my own history — I promise that if the community gets behind this project, they will see the positive impact, and they will see the opportunities, and they will see us as a company come in and support local initiatives that the town needs, that either the tribe needs or people need. So I commit that if people engage in an earnest manner, we will bring benefits to this community beyond just the project.

Wells: I think my promise is something that we're already doing, and I really believe in — we promise to listen and to find ways to make this something that they can be proud of as well. As Oisín is saying, we're not going to agree on every single point, but I think you've got to start by being able to listen, engage and figure out what the need ultimately is. And as we mentioned, one good, tangible example is what we already did with the school — it wasn't "Hey, we just think this is a good idea, you guys probably need some help and funding, there you go." It was an intentional — what are the real needs that you have that we can help support it? And unless you talk to people, listen to people — trust isn't something built in a day. Trust is something that you earn over time. And I believe our company has done so and will do so here.

steam data center information session
File photo. Bradley Wells during an information session with residents at the Alabama Fire Hall.
Photo by Howard Owens

Stream Data Centers plans removal of hydrogen storage spheres at STAMP

By Press Release
plug power
February file photo by Howard Owens

Press release:

Stream Data Centers, as part of its recent agreement with Plug Power, is funding and initiating the removal of previously installed hydrogen sphere tanks on Genesee County's Science, Technology & Advanced Manufacturing Park (STAMP) campus.

This investment is a private transaction between Stream and Plug Power, conducted independently, with an approved permit from the town of Alabama, and without presuming on the outcome of the ongoing SEQR and Site Plan Review processes for Project Double Reed, which continue on their established timeline.

"Stream is proactively investing in this initiative to ensure that, if approved, we can meet our customer's desired timing," said Stream Senior Project Development Manager Bradley Wells. "This step supports the interests of the region and business park, and we look forward to it serving the county's growth and success alongside that of our customer."

Stream has previously announced its intention to join the STAMP campus with Project Double Reed and has entered into a definitive agreement to acquire Plug Power's interest in the STAMP site. Stream's proposed development will utilize STAMP's existing energy infrastructure and allocated capacity while completely funding on-site transmission lines and substation infrastructure for the campus, which insulates ratepayers from direct costs. STAMP will retain access to 100MW of electrical capacity to attract additional tenants to the manufacturing park.

The project's efficient design will result in a nighttime noise profile akin to a quiet library setting of 45db at the property boundary and will not create routine daily water consumption in its IT cooling process.

Stream's proposed campus will create roughly 125 full-time operations roles with average annual compensation over $100,000 per year. In addition, the project will employ an average of more than 1,000 trade and construction professionals across its three-year build-out phase. The project is also estimated to offer the region more than $550 million in additional revenue at the local and state level, which can be used to support education initiatives, first responder programs and local infrastructure modernization.

Stream Data Centers prides itself on being a responsible developer that directly and consistently engages with and invests in local communities, building clean, quiet facilities that deliver significant economic development results tailored to local interests.

Over the coming weeks, Stream will continue to engage with the local Alabama community to thoroughly and transparently address concerns, identify opportunities for collaboration and ensure this development will deliver positive results for the community.

NOTE: In response to additional questions from The Batavian, a spokesman says the tanks will be recycled and not sent to a landfill. The company has declined to reveal the cost of demolition.

Public sounds off on data centers plan

By Brian Quinn
stream data center public hearing alabama
Tonawanda Seneca Nation Snipe Clan member Grandell Logan speaks early in Thursday's public hearing.
Photo by Brian Quinn

The public registered its opposition to a $19.46 billion data center plan, filling the Alabama fire hall on Thursday, while a vehicle outside showed rotating messages in favor of it.

By the time the public hearing began around 7 p.m., people had claimed every seat in the Alabama fire hall. There were residents lining the wall near the door, with more people standing to the sides. They were there to make or hear comments about a STREAM U.S. Data Centers' proposal to build three data centers on Crosby Road in Alabama, on a 2.2 million-square-foot portion of the Western New York Science & Technology Advanced Manufacturing Park (STAMP).

"I, 100%, say 'No' to the data center and 'No' to STAMP also," said Scott Logan, the sitting chief of the Tonawanda Seneca Nation Bear Clan. "It doesn't make any sense to me to have an industrial park, right smack dab in the middle of four wildlife management areas and the Tonawanda Seneca Nation. It really makes no sense to me from a humanity standpoint. I feel that a lot of the paperwork you guys have submitted ... That's what's missing from it all, is humanity. You're not thinking about, in seven generations, what's not going to be over there anymore."

In presenting the project, Genesee County Economic Development Center President and CEO Mark Masse said the project would create 125 jobs once operations begin, with an average annual salary of $88,000. Each two-story data center building would be 733,338 square feet, in total, and 64 feet high. The cost-benefit analysis says the 125 jobs and 45 additional skilled trades careers anticipated for service providers would add $14 million in local payroll in the first year of operations. This would total more than $564 million in payroll over 30 years. An independent third-party analysis calculates an additional $278 million in payroll would be indirectly generated during construction and operation of STREAM US Data Centers.

The analysis estimates $285.8 million in new revenue for host municipalities and schools. STREAM has agreed to pay $7 million in base annual Payment in Lieu of Taxes (PILOT)/host payments to Genesee County, the town of Alabama and the Oakfield-Alabama Central School District. Those payments would increase by a fixed 2% annually, totaling more than $283.9 million in new revenue over 30 years.

The project is expected to need about 20,000 gallons of water per day. A 2017 water supply agreement between Genesee County and GCEDC states that about 200,000 gallons of water per day are available for STAMP.

Masse said the GCEDC and the companies pay for infrastructure, not rate payers.

Logan said those involved with the project are just thinking about the current situation.

"You're just thinking about me, right now, today, until I die and 'What can I get out of it?' he said. "It's not, 'I have to keep this world going. I have to keep this environment continuing because it's my home."

STREAM can build a data center somewhere else, Logan said.

"As a matter of fact, do that. Build it somewhere else," he added, to applause and cheers from the crowd behind him. "We know too little about it - that and AI (artificial intelligence), for that matter, too."

His son, Grandell Logan, a member of the Tonawanda Seneca Nation Snipe Clan, noted that STREAM had said noise levels would not exceed 65 decibels.

"The noise, STREAM Data Centers says 65 is acceptable," Grandell Logan said, adding the company minimizes that by saying it's the equivalent of a conversation.

"There's no telling what effect this is going to have on the area," he said.

Valerie Parker-Campbell, who came to the meeting with her son, Odin, age 1. Holding him as she spoke, Parker-Campbell said she would need to speak above the three-minute limit speakers were given because she was speaking for two people - her and her son.

"I am speaking because we are definitely 'No' to STAMP and the data center," she said.

Parker-Campbell, like other speakers Thursday night, talked about the future.

"It's not for certain that my child is going to have something to hunt," she said, adding it's not certain that Odin will have anything to fish for.

One of the signs held up at the hearing read, "They can't eat data centers! They can't drink data centers!" Another had the words "STAMP PROJECT" with a diagonal line through them.

Tonawanda Seneca Nation member Melissa Smith said she urged a STREAM U.S. Data Centers representatives to withdraw the application.

"I care about all the land. That doesn't stop at my borders," she said. "I am ready to fight for this area. It's not done."

Corfu resident Matthew Orleman said he was at Thursday's hearing fighting for his children and for the Tonawanda Seneca Nation.

Among the organizations Diane Ciurczak of Buffalo said she represents is the Sierra Club. She said the club opposes the financial incentives STREAM requests and urged the GCEDC to reject the incentive package.

There were some at the public hearing who may not have spoken, but supported the data center project. One man was behind the wheel of a vehicle parked along the shoulder of Judge Road in front of the fire hall. On the side of the vehicle were electronic messages, including "Local 435 Supports STAMP!" and another about how important this construction project is for Genesee County. The Laborers' International Union of North America (LIUNA) Local 435, based in Rochester, represents 885 workers in the building and construction trades in Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne and Wyoming counties, according to the Rochester-Genesee Valley Area Labor Federation website.

The man, who did not give his name, said there were building trades workers - sheet metal, bricklayers, laborers, carpenters and painters - at the public hearing.

One of them, Robert Sotir of Batavia, said he didn't speak, but had been inside, listening to the hearing. The bricklayer noted the jobs and opportunities that come with the proposed data center project.

"We've got to keep up with the technology. A lot of places in this country want infrastructure," Sotir said outside the fire hall. "AI's coming, so why not be part of it? You can't hide from technology."

The Batavia resident said he trusts that regulatory agencies wouldn't allow a project like this to destroy the environment.

"There's a lot of regulation in New York State," he said.

stream data center public hearing alabama
Genesee County Economic Development Center President and CEO Mark Masse gives the project presentation to start Thursday’s public hearing.
Photo by Brian Quinn
stream data center public hearing alabama
Cheryl Cordes of Alabama gets her message across while listening to speakers Thursday night.
Photo by Brian Quinn
stream data center public hearing alabama
Tonawanda Seneca Nation member Valerie Parker-Campbell holds her son, Odin, 1, while speaking during the public hearing.
Photo by Brian Quinn
alabama solar project
The first public speaker Thursday, Tonawanda Seneca Nation Bear Clan Sitting Chief Scott Logan holds a wampum belt as he gives his remarks.
Photo by Brian Quinn
stream data center public hearing alabama
Abby Spindelman of Buffalo was among the speakers to address the hearing.
Photo by Brian Quinn
stream data center public hearing alabama
Photo by Brian Quinn
stream data center public hearing alabama
Melissa Smith of the Tonawanda Seneca Nation
Photo by Howard Owens
stream data center public hearing alabama
Corfu resident Matthew Orleman
Photo by Brian Quinn
stream data center public hearing alabama
Diane Ciurczak of Buffalo
Photo by Brian Quinn
stream data center public hearing alabama
Genesee County Economic Development Center Executive Vice President of Business & Workforce Development Chris Suozzi
Photo by Brian Quinn 

 

 

Allies of TSN encourage citizen participation at data center public hearing

By Press Release

Press release from the Allies of TSN:

Concerned local residents are urging their neighbors to attend the public hearing held by the Genesee County Economic Development Center (GCEDC) on Thursday on the financial incentives application from developer Stream US Data Centers and its financial backer, multinational private equity giant Apollo Global Management, for $1.46 billion in sales tax and mortgage tax abatements for a sprawling data center complex at the troubled Western New York Science and Technology Advanced Manufacturing Park (STAMP) being developed by GCEDC in the town of Alabama, New York.

The hearing, which is legally required pursuant to Article 18-1 of the General Municipal Law, will be held on Thursday, March 19 at 7 p.m. at the Town of Alabama Fire Hall and may be one of the only opportunities for members of the public to comment on the plan for a 500-megawatt, 2.2 million square foot data center complex. Recent reporting finds that the subsidy package ranks among the largest ever offered to a data center; moreover, the per-job cost appears to be the highest ever offered. GCEDC would receive over $146 million in fees from this deal.

"I oppose this plan for many reasons: it would dump pollution into our air, toxic chemicals into our water, make 24/7 noise that would scare away deer and other wildlife in the nearby preserves, and it would make all of our energy bills go up while also knocking down our property values," wrote Pembroke resident Adrienne Yocina in a recent letter urging fellow local residents to attend the March 19 hearing. "I think it's a bad investment, too: we could create a lot more jobs, with a lot fewer environmental and quality of life problems, for that kind of money."

A flurry of recent opinion pieces in local publications documents extensive opposition among GLOW area residents to the data center proposal, with concerns focusing on GCEDC's failure to propose economic development projects that align with the community's needs and values. Residents are drawing attention to concerns with water sourcing plans, connections between Apollo Global Management and the Epstein files, failed promises of jobs and municipal benefits, outsized environmental risks to the adjacent Tonawanda Seneca Nation and surrounding public protected lands, Stream's community engagement practices, and the use of the former Plug Power site for part of the data center campus. Plug Power, one of only two fully confirmed tenants at STAMP, has recently confirmed its intention to withdraw from the site. GCEDC is facing growing scrutiny for the involvement of Apollo in the data center proposal.

"GCEDC is trying to shove a massive, noisy data center complex down our throats - a monster that will ruin our peaceful home, pollute our air, pollute our water, scare away our wildlife, jack up our electricity bills and drive down our property values - AND invite a multinational corporation with a terrible track record into our community… all for very few jobs and while making a lot of profit for a Big Tech company that GCEDC refuses to identify," stated Town of Alabama resident Sharon Larmon. "The Stream / Apollo data center is a bad deal for our community. Stream and Apollo do not have the Town of Alabama's best interests at heart. Neither does GCEDC. We cannot let them get away with ruining our way of life for their corporate gain."

The extent of local opposition, which mirrors a growing trend of communities across the country that are rejecting data center proposals, has also received attention from national press outlets. Despite the massive scale and potential impact of the proposed project, the March 19 public hearing marks the first opportunity for the public to publicly comment on the project. However, neither GCEDC nor Stream will answer questions at the hearing.

The current incentives package revises an initial application from Stream and Apollo for $801 million in subsidies upward and was published on GCEDC's website less than 10 days before the public hearing. Research overwhelmingly demonstrates that data center developers do not make siting decisions based on subsidy packages.

Stream's new plan for "Project Double Reed" envisions a massive complex of three towering structures more than 100 feet tall, occupying more than 2.2 million square feet and using more than 500 megawatts of electricity per year. The facility would burn tens of thousands of gallons of diesel fuel and emit carbon dioxide, nitrous oxide, benzene, and other hazardous air pollutants. 500 MW is roughly the amount of energy required to power every home in the GLOW Region for a year. Reporting suggests that this additional load on the grid would raise power bills for local residents and consumers across the state.

Stream's plan also calls for onsite storage of 114,000 gallons of diesel fuel and discharge of 20,000 gallons of sanitary wastewater per day. Currently, GCEDC plans to store sanitary wastewater discharge from operations at STAMP in a large sewage tank located onsite. Wastewater would be transported daily by diesel truck to be dumped at a municipal wastewater facility in the Village of Oakfield.

Stream intends to take advantage of space owned by Plug Power, which paused construction on its green hydrogen manufacturing facility in 2023, leaving a gap in financing for the proposed STAMP electrical substation. Despite hundreds of millions in taxpayer subsidies, Plug Power never turned a profit and has never produced hydrogen or a single permanent job at STAMP.

Stream's earlier plan faced widespread opposition from local residents. The company withdrew it after the Nation and the Sierra Club filed a lawsuit alleging violations of the State Environmental Quality Review Act (SEQRA). The Nation's Reservation Territory abuts one of the parcels under consideration for a data center, and its Council of Chiefs opposes industrial development at STAMP.

"Data center" can refer to operations ranging from cryptocurrency mining to artificial intelligence processing. Data centers are well known for their massive energy demands and for producing continuous low-frequency noise and vibrations. Scientific research establishes a link between excessive noise exposure and harm to both public health and the health of wildlife. Data centers also produce significant air pollution and add a significant load to the energy grid, leading to higher consumer electrical bills and increasing the frequency of blackouts and brownouts. Data centers produce few permanent jobs, rarely remain in operation for more than 15 years, and face growing opposition from communities across the country concerned about their noxious public health and environmental impacts.

What: Public Hearing on Requested Financial Incentives by Stream US Data Centers and Apollo Global Management for Proposed Data Center at WNY STAMP

When: March 19 at 7 p.m.

Where: Town of Alabama Fire Hall (2230 Judge Road, Basom, NY 14013)

Who: Members of the public

County Planning Board approves data centers plan

By Brian Quinn
Tom Schubmehl by Brian Quinn
County Planning Board member Tom Schubmehl, right, said noise impact on the community is a concern of his with the proposed data centers project.
Photo by Brian Quinn

The Genesee County Planning Board vote wasn’t unanimous, but the board recommends that the Town of Alabama approve a proposed $19.46 billion data centers project at the Science & Technology Advanced Manufacturing Park (STAMP) in Alabama.

The board voted for approval Thursday night, with only Tom Schubmehl opposing it and Josh Mullen and Heather Schultz abstaining.

U.S. STREAM Data Centers, based in Dallas, Texas, proposes building on 130 acres at STAMP. Two data center buildings would be on the 60-acre North Campus and one on the 30-acre South Campus. Each building would two floors for a total of about 664,000 square feet, according to the Planning Board’s information. There would be a total of about 195 parking spaces.

Schubmehl asked whether the plan for each building to have a cooling system of 66 chillers, running 24 hours a day, is set. Design Manager Colm Curran said STREAM reduced the number of chillers son the roof of each building to 60.

“That is set for the building design work that we’re currently pursuing,” Curran said. “I think in our SEQR (State Environmental Quality Review Act) application, when we were in earlier concept stage, there were more chillers showing. As we worked through design options, we did bring it down to 66 and, through further refinement, we’re now at 60 chillers.”

Schubmehl said his understanding was that the top 3 feet of the chillers would be exposed.

“The acoustic wall that will be built around the roof will go above the top height of the chillers,” Curran said. He said that will meet the requirements of the Environmental Impact Statement (EIS) and the STAMP guidelines.

Schubmehl said that’s not what’s shown in board members’ packets.

“The package should show that on the site plan application - the elevations that have been provided by the architect,” Curran said. “I would agree that there’s probably a clear section that shows the elevation of each thing (chiller) and we can supplement that application to show it, but the acoustic screen does come above or to the height of the chillers.”

Schubmehl said he is concerned with the Town of Alabama, the Tonawanda Seneca Nation Reservation and the Iroquois Wildlife Refuge.

“The power coming from hydroelectric, I don’t have a problem with that. It’s probably the best option for your power. You’re using less water than Plug Power. We’re just lucky Plug Power never turned on, because we never had the water,” he said of the former Plug Power proposed project at STAMP. “But the sound, the constant drone that … Alabama is going to hear is going to be obnoxious, even if it’s only 40 dBA.”

A-weighted decibels (dBA) measures loudness the human ear perceives.

Curran said the EIS requirement for STAMP is 65 decibels during the day and 45 decibels at night in the STAMP property boundary.

“We’re meeting that at our STREAM boundary of our property,” he said. “With the screen wall, the chiller selection that we’re providing is a lot more than we would typically do to be able to meet the requirements of the 65 decibels.”

Schubmehl said the elevation of Alabama is about 10 feet higher than the elevation of the site of the proposed data centers.

“I’m concerned with what sound is going to emanate that far from this. I think the only way I can support this is if Alabama gets an independent, acoustic survey that either you or the IDA (the Genesee County Economic Development Center) pays for that’s completely separate from yours,” he said of the acoustic survey already being done.

GCEDC President and CEO Mark Masse said the Town of Alabama will have its own sound engineering firm review the acoustics report.

“We are actually hiring our own sound engineering firm to review the report as well,” Masse said. “I believe Town Board members and Town Planning Board members are going to take a trip to view two existing facilities STREAM has, similar to this, that are in operation so they can see it, hear it for themselves as well. We all acknowledge that sound is a major issue as it relates to this project.”

Masse said among the GCEDC, the Town of Alabama and the Town Planning Board, all parties are taking their own approaches to review and verify the acoustics report.

Richard Beatty of Batavia, who attended the meeting, gave The Batavian a written statement while leaving the County Planning Board meeting. He wrote that he first became aware of the project last year and wondered what it was about.

"The more I've found out about it, the more I feel it is not a good fit for our county or our community," Beatty wrote. "There are many things I find wrong about the idea of a mega data center."

Among them, Beatty wrote, was the proposed project's location near the Tonawanda Wildlife Management Area and the Iroquois National Wildlife Refuge, and the creation of a "scant" 125 jobs for what is now a $19.46 billion project.

Mark Masse by Brian Quinn
Genesee County Economic Development Center President and CEO Mark Masse said the GCEDC and Alabama have firms review the acoustics study of the data centers project.
Photo by Brian Quinn

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