Our Tips For Making Public Comments At the Zoning Board of Appeals Meeting

Dec 15

Rules for the hearing, talking points to touch upon, and tips for making your voice heard. Even if you don’t plan to make a comment, show up and wear red!

What Has Happened So Far?

The Lansing code enforcement officer (CEO) rejected Terawulf’s two requests to have their data center classified as a scientific research facility, and then as a warehouse, under the town zoning code that describes permitted land uses in the industrial/research (IR) district. Terawulf has appealed those decisions and asked the Zoning Board of Appeals (ZBA) to interpret the zoning code so that data centers are included in one of the two classifications (research facility or warehouse), which could also set a precedent for future zoning code interpretations. The hearings for both of these appeals is this Tuesday, December 16th at 6:30pm.

The Agenda

General Public Hearing Information
Public Hearing #1: Scientific Research Laboratory
- Public Hearing; possible determination of appeal.
Public Hearing #2: Scientific Research Laboratory
- Public Hearing; possible determination of appeal.

As reported in a Tompkins Weekly article, the board might schedule the determinations of the appeals for a later meeting, possibly on December 22nd or 23rd, when the board will ask TeraWulf representatives questions regarding the appeals. The board doesn’t plan to hold public comment at that meeting, only at the public hearings on December 16th.

TeraWulf’s Appeals Are Two Separate Hearings

One hearing will be for their “laboratory” appeal and the other for their “warehouse” appeal. We recommend preparing two separate comments, one per appeal/hearing. We also recommend printing out your comment if you have the ability to do so. We don’t believe the public hearing will be cut short, but if it is and you’re unable to say your comment, or if your time runs out before you finish what you’re saying, you can submit the printed version to be in the record.

From Jack Young, ZBA Chair, About Comment Guidelines

Comments should directly relate to TeraWulf’s AI Data Center appeals and what the Town Code intended to include when it was written in 2003. Comments on TeraWulf's history as a company, environmental/economic impacts of the proposed data center, and other non-code related topics will not be permitted.

More Tips For Your Comments

Be Polite and Courteous

Our goal is to not alienate the Zoning Board Appeals. We want to support the Code Enforcement Officer’s interpretation and let the ZBA know we have their back in rejecting these appeals. Given TeraWulf’s previous behavior towards the Town Board, it can be intimidating to stand up against them.

Don’t Let Perfection Ruin Greatness

The ZBA needs to hear all opinions. It’s okay if you’re not a lawyer, land-use expert, or town code expert. You still have a right to comment. Sharing your opinion and passion is the most important aspect.

Don’t Know What to Say?

Follow a simple format:

Introduce yourself and clarify you are against the appeals.
Fill in prosposed talking points about the rezoning request.
Close by letting the ZBA know they have your full support and that the community has their back to do the right thing!

Remember- comments can be repeated! Team up with a friend!

Example Comment: Laboratory

Hello, my name is ___ and I am here to support the Code Enforcement Officer’s decisions, to support you as members of the zoning board of appeals to uphold those decisions, and to highlight some concerns I have with TeraWulf’s appeals. I am against the TeraWulf’s AI Data Center being classified as “Scientific Research Laboratory.”

A Scientific Research Laboratory and a Data Center are two different things. As written in the Zoning Code a laboratory is “a building or group of buildings within which are located facilities for research, investigation, testing or experimentation, but not facilities for manufacturing or selling products except as may be necessary for prototype development or as incidental to the main purpose of the laboratory.” TeraWulf has never cited themselves as being a scientific research laboratory before this zoning approval process. In fact, TW CEO Paul Prager said he “has no idea” what companies do with the data they get while renting facility space from TW. Additionally, TW CSO Kerri Langlais highlighted at a TW Open House that “TeraWulf is an energy infrastructure company, not a technology company.” This happened at their two Open Houses, on October 29th and October 7th respectively. How, then, can they claim to be a scientific research laboratory?

According to the NYS Dept. of State Local Government document titled “The Zoning Board of Appeals”: “Where there are no prior decisions to rely on, the board of appeals should attempt to determine the governing board’s original intent in enacting the provision in question.”

In the case of this large-scale data center posing as a scientific research laboratory, I request that the ZBA determine what the original intent of the phrase “scientific research laboratory” was meant to be, and not allow TeraWulf’s AI Data Center to manipulate the definitions to make their site plan fit in with Lansing’s codes.

Also, according to section 270-8 of the town code “Any land use not specifically permitted under this chapter shall be disallowed uses unless a use variance therefore shall be properly obtained.” So as the CEO interpreted, the AI data center is not allowed, as it is clearly a distinct use that is different from a Laboratory. Thank you for your time.

Example Comment: Warehouse

Hello my name is ___ and I am here to support the Code Enforcement Officer’s determination on the TeraWulf’s application and to point out my concerns with their appeals. I am against TeraWulf’s AI Data Center being classified as “General Processing" and/or "Warehouse / Storage of non-agricultural goods.”

TeraWulf pretending their AI Data Center classifies a “warehouse or storage of non-agricultural goods” is unfounded. The Code Enforcement Officer provided the following definitions from NYS Building Codes and the dictionary:

Data Center: a room or building, or proportions thereof, used to house information technology equipment (ITE) and serving total ITE load greater than 10kW and 20 kW/ft2 (215 W/m2) of conditioned floor area.

Warehouse: a structure or room for the storage of merchandise or commodities.

Commodity: An economic good such as: Agriculture or mining, an article of commerce especially delivered for shipment, or A mass-produced unspecialized product.

TeraWulf cited Merriam-Webster for their definition of “data center” but when I searched “Data center” in Merriam-Webster online dictionary no results were found.

Unfortunately, the word “goods” is undefined in the town’s codes. It is my belief that if TeraWulf had not wrongly asserted that the moratorium was targeted at their development and then campaigned against the moratorium, with mention of litigation if the moratorium passed, then the town might have had a chance to update their wording and add some definitions that were missing.

Since that didn’t happen, the town should be required, as stated by the NYS Dept. of State Local Government document titled “The Zoning Board of Appeals,” to attempt to determine the governing board’s original intent of the phrase “Warehouse, storage or wholesaling of nonagricultural goods or materials" in enacting the provision in question. I think we will all see that the original intent was not a data center with extremely high energy needs. Also, according to section 270-8 of the town code “Any land use not specifically permitted under this chapter shall be disallowed uses unless a use variance therefore shall be properly obtained.” So as the CEO interpreted, the AI data center is not allowed, as it is clearly a distinct use that is different from a warehouse.

Please uphold the decisions made by the Code Enforcement Officer and do not grant these appeals. Thank you.

More Examples and Tips

We’ll have more examples to pull from below. Feel free to take a look and collaborate with friends, encourage them to attend the meeting, and work on your comments together.

Only comments at the hearing will be considered. Any comments sent via email will not be considered. If you’re unable to attend, you can print your comment and have someone hand it in for you at the meeting.

Feel free to contact us with any questions or additional ideas.

The best time to stop something that can harm our community is before it even starts.

Come together for Cayuga Lake. Wear red and make comments at both public hearings.

Support the Code Enforcement Officer’s interpretation. Reject TeraWulf’s appeals.

Sources

Additional Comment Examples

Laboratory

Hello my name is ___. I would like to express my support for the Code Enforcement Officer’s determination on TeraWulf’s application for operating rights in the IR district. I am against TeraWulf’s AI Data Center being classified as “Scientific Research Laboratory.”

As the Code Enforcement Officer pointed out, the Code defines a laboratory as “a building or group of buildings within which are located facilities for research, investigation, testing or experimentation, but not facilities for manufacturing or selling products except as may be necessary for prototype development or as incidental to the main purpose of the laboratory.” Kerri Langlais, TeraWulf CSO, is on video saying at an open house that they are “an energy infrastructure company, not a technology company.”

You, as members of the zoning board of appeals, should not allow them to twist the story to try to fit the narrative of conducting research when in fact, they have no influence on what their GPUs in these facilities will be used for. They are plainly an energy company providing space for GPUs and renting them to the highest bidder- “the Googles of the world” in Kerri’s words- to make a profit. They should not be allowed to pose as a scientific research laboratory.

According to the NYS Dept. of State Local Government document titled “The Zoning Board of Appeals”: “Where there are no prior decisions to rely on, the board of appeals should attempt to determine the governing board’s original intent in enacting the provision in question.” I am calling on you all to determine the original intent of the phrase “scientific research laboratory” and to hold TeraWulf’s AI Data Center to that intent. Thank you for your time.

Hello my name is ___ and I am commenting to support the Code Enforcement Officer's interpretation on TeraWulf claiming their AI Data Center is a scientific research laboratory. According to the town code “laboratory” is defined as “A building or group of buildings within which are located facilities for research, investigation, testing or experimentation, but not facilities for manufacturing or selling of products except as may be necessary for prototype development or as incidental to the main purpose of the laboratory.” It could be argued that because TeraWulf is selling their GPU processing power, that could be considered to be a “product” they are selling. This appears to be the first time TeraWulf is positioning themselves as a scientific research laboratory, seemingly for the purposes of manipulating the code interpretation in their favor. TeraWulf CSO Kerri Langlais admitted at an open house that they are an energy infrastructure company, not a technology company, so they should not be able to now claim that they are doing research in their facilities.

Warehouse

Hello my name is ___ and I am here to support the Code Enforcement Officer’s determination regarding TeraWulf’s AI Data Center as “Warehouse/ Storage on non-agrcultural goods.” I am against TeraWulf’s AI Data Center being classified as “General Processing" and/or "Warehouse / Storage of non-agricultural goods.” As the Code Enforcement Officer pointed out, a Warehouse is a structure or room for the storage of merchandise or commodities.

Commodity: An economic good such as:

Agriculture or mining
An article of commerce especially delivered for shipment
A mass-produced unspecialized product.

Beyond determining the original intent of the phrase “warehouse/storage of non-agricutlural goods,” which the ZBA is required to do according to the NYS Dept of the State document “The Zoning Board of Appeals”, the ZBA should also recognize, using their own common sense, that a 138 Mega Watt data campus for artificial intelligence is a far reach from a warehouse.

Please, uphold the decision made by the Code Enforcement Officer.

Hello I am here to support the Code Enforcement Officer's interpretation of the Code which does not allow TeraWulf’s AI Data Center to operate as “warehouse/ storage of non-agricultural goods.” The CEO’s conclusion is that TeraWulf’s data center is not premitted. It’s not defined by the town code, and therefore not allowed (§270-8). TeraWulf’s submission for a “general processing and data warehouse” or “modern research technology campus” from their site plan application from October 29th is not consistent with their September 9th application.

The multiple references in the October 29th application calling out the structures as “data centers” contradicts the “General Processing and Data Warehouse” use. The information provided on TeraWulf’s website is also contradictory to the use.

In addition, the Industrial/Research District specifically allows light manufacturing, fabrication, assembly, or research. A 138MW facility (with plans to expand to 400MW) does not match this criteria.

The Zoning Board of Appeals must determine what the original intent of “light manufacturing, fabrication, assembly, or research,” “general processing,” and “goods” was meant to be when zoning was written in 2003. We cannot allow TeraWulf to manipulate the definitions to make their data center fit in with our codes. We must recognize that the 2003 town code did not intend this type of development. Thank you.

No Data Center FLX .