Real Estate Roundup

Real Estate Roundup: DataBank Phase II Headwinds; Five Story Multi-Family Proposed For Former Avon Enamel Building; Airmont Fitness Center Building To Become Yeshiva

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DataBank Proposes Scaled Down Version For Phase II Data Center in Orangeburg

DataBankAt a standing-room only Orangetown Planning Board meeting last week, representatives from DataBank presented plans for a scaled-down version of Phase II, originally designed as a mirror image of the newly constructed 145,000 square foot Phase I data center on Corporate Drive in Orangeburg.

Phase II, according to Databank, will be significantly reduced from 145,000 square feet down to 77,862 square feet. The planned electrical substation has also been scrapped. DataBank represented that the existing substation on the property has adequate power to service both buildings.

The revised plan was met with resistance from about 120 residents (from both Orangetown and nearby Old Tappan, NJ) who expressed concerns about noise, diesel exhaust from back-up generators, loss of wetlands, and possible harm to Lake Tappan which provides drinking water to local residents.

Although Orangetown hosts several data centers in its LIO zone (Light Industrial-Office – a specific zoning district designed to accommodate a mix of industrial, warehousing, distribution, and office uses), the zoning for the LIO does not specifically permit data centers. In its most recent Comprehensive Plan, the addition of data centers as a conditional use was contemplated, but the Town Board has yet to take action.

The Rockland County Department of Planning raised this issue in a March 20 letter, saying, “However, until a local law is officially adopted, this department remains unclear on how this proposal can be evaluated and permitted.”

The County also recognized the high energy usage of the project, noting that energy used by the two phases exceeds the energy needed to power 30,630 homes. The county noted that the project does not plan to use renewable energy sources or Battery Energy Storage Systems (BESSs) and said, “Considering the significant energy use of both phases, the applicant must implement measures such as onsite energy production and BESSs, to reduce the impact that this datacenter will have on the energy grid.”

Despite the County’s recommendation, representatives from DataBank said that there was no plan for a battery storage system on site. The plan calls for an extensive array of diesel generators to provide power to the facility during a power outage. The town could override the County’s recommendation for onsite energy production and storage with a majority plus one vote of the Planning Board.

Concerns were also raised about land banked parking. Data centers have few employees and require minimal parking, but approving the expansion to Phase II without additional parking may impact the future viability of the building should DataBank abandon its use or cease operations at the site.


Former Avon Enamel Building Owner Seeks Zoning Change To TDD For Five-Story Multifamily

37 Washington AvenueA proposal to build a five-story multifamily building in Suffern at the site of the former Avon Nail Enamel building at 37 Washington Avenue is advancing through the Village land use boards but is still dependent on the Village Board’s willingness to rezone the property from Central Business (CB) to the Transit Development District (TDD) zoning district.

The building was previously used for testing, producing and storing nail polish and is adjacent to Avon’s vacant headquarters building.

The TDD zone allows for denser construction and less restrictive parking than the CB zone. The TDD zone was intended as a catalyst for economic growth in the Village.

The proposal calls for 121 dwelling-units (a mix of 1-bedrooms, 2-bedrooms and 3-bedrooms) along with a parking garage, recreation area, swimming pool and club room.  The multifamily development will include 242 off-street parking spaces.

The project, pending since 2022, recently received a “Conditioned Negative Declaration” under SEQRA (State Environmental Quality Review Act). A Conditioned Negative Declaration considers the impacts associated with the Project, and assures that compliance with the conditions will mitigate all potential significant environmental impacts determined by the Planning Board.

The conditions center around noise and dust control during demolition; removal of hazardous materials if found; control of stormwater runoff; traffic controls; subsurface soil testing, and visual impacts on neighboring properties.

The next step is for the applicant to appear before the Village Board and make its case for the zoning change. Rezoning is a discretionary act, and the Village Board will hear arguments by the developer at an upcoming meeting.

The property was acquired for $1,900,000 in 2023. As part of the acquisition, the buyer executed an agreement stating that it was accepting the property “as-is” and that it was accepting full responsibility and would make no claims against Avon for any environmental damage or remediation at the site under either New York State or federal law, including claims related to petroleum by-products, radioactive materials or wastes, asbestos or polychlorinated biphenyls.

The Village of Suffern at one time considered acquiring the property from Avon for a municipal parking garage, but the deal at a $3,000,000 asking price never went forward.


Proposal To Convert Former Fitness Center To Yeshiva Advances At Airmont Planning Board

267 CherryA proposal to convert a 16,735 square-foot athletic training center at 267 Cherry Lane in Airmont into a school of religious instruction is working its way through the Village of Airmont land use boards. The plan calls for a 9,463 square-foot dormitory addition to the property. The school will have a maximum of 150 students with 10 full-time staffers.

The former health club is located on 10.62 acres in the R-40 zoning district.

Variances are required for the existing front yard and front setback due to the change in use, distance between roadway and the new dormitory addition, and setback to the playfield.

The project proposes using the woods on the site for outdoor recreation, and a determination still has to be made as to whether this is an acceptable use of this area for meeting the requirements for outdoor recreation for a special permit.