Hammond Board of Appeals reverses trustees and grants data center permit to The Metered North with strict conditions

The Village of Hammond Board of Appeals voted 4–1 on June 8 to overturn the Village Board of Trustees and grant The Metered North LLC a conditional-use permit to build a 6-megawatt data center at the Alma Center site, attaching 11 conditions intended to limit noise, coolant risk and water use.

President Bibeau called the appeal before the Board and said he believed statements by The Metered North differed from factual records and that the project would provide no benefits to Village residents. Attorney Jarchow objected to President Bibeau’s simultaneous service on the Village Board and the Board of Appeals and also raised a concern about the Village attorney serving both bodies; Attorney Mahler, identified as the Village attorney, told the board to hear the applicant’s proposal and then evaluate it against the Village’s conditional-use ordinance.

Sidney Laurvick, representing The Metered North LLC, said the proposed facility would draw up to 6 megawatts, could be shut down during periods of highest electricity rates, and would use water only for a restroom. Laurvick said his company’s Hager City facility is at capacity, that St Croix Electric indicated local electricity rates would not increase, and that the equipment manufacturer lists noise at "75 decibels from 10 feet away." Laurvick also stated the operation is insured by Lloyd’s of London.

Attorney Jarchow argued that the ordinance term "processing" covers data processing and warned that, absent a decision at the meeting, he would need to file with the circuit court the next day under applicable statutes; Attorney Mahler cautioned that a circuit court judge could issue a conditional-use permit without conditions if the matter were litigated, and recommended the Board set conditions to retain local control.

Howie Evans moved, and Jan Hinchman seconded, to reverse the Village Board of Trustees’ earlier decision; the motion passed on a roll-call vote, Howie Evans-Aye, Chris Buckel-Aye, President Bibeau-Nay, Eric Arthur-Aye, Jan Hinchman-Aye. Evans then moved, and Hinchman seconded, to grant the permit with the Board’s listed conditions. The Board approved the permit with the following conditions: third-party decibel testing of the Alma Center site; a 6-megawatt maximum power cap; a noise limit of 75 dB at 10 feet and 50 dB at the property line; an engineered containment system sized to contain 110% of the facility’s propylene glycol volume; maximum water use of 3,000 gallons per month; quarterly coolant-system reports with third-party testing if reports show deviations; use of propylene glycol only; no excessive vibrations; planting 4–6-foot blue spruce trees around the site; downcast lighting; and at least an 8-foot security fence. The Metered North LLC agreed to the conditions.

The permit and conditions passed by the same 4–1 roll-call vote. Clerk Sandi Hazer recorded the unofficial minutes. The meeting adjourned at 6:51 p.m.

The decision may be subject to further legal action; the transcript records counsel noting a potential circuit court filing if no decision were issued at the meeting.