On the agenda: Falmouth meeting — Data Center (Sep 8)

TOWN OF FALMOUTH
PLANNING BOARD

PUBLIC HEARING NOTICE

In accordance with the provisions of M.G.L. Chapter 40A, Section 5, and Section 1.1D of the
Falmouth Zoning Bylaw, the Falmouth Planning Board shall conduct a public hearing to discuss
the following petitioner’s zoning article proposed for the Warrant at the Annual Town Meeting to
be held on October 26, 2026.

DATE&TIME: Tuesday, September 8, 2026 at 6:30 pm

LOCATION: Falmouth Town Hall, Select Board Meeting Room, 59 Town Hall Square,
Falmouth, MA, 02540

The following summarizes the petitioner’s Zoning Article that will be considered at the Public
Hearing:

ARTICLE: To see if the Town will vote to amend the Code of Falmouth, Chapter 240, Zoning as
follows:

1. By inserting new definition for Data Center to section 240-3.2 to read as follows:

Data Center: A facility, or portion thereof, primarily designed or used to house computer
servers and related information technology infrastructure for the storage, processing,
management, or transmission of electronic data. A Data Center may include, but is not limited
to, server racks, data storage systems, cooling systems, power conditioning equipment,
substations, uninterruptible power supplies, backup generators, telecommunications
equipment, security systems, and associated mechanical and electrical infrastructure. For
purposes of this bylaw, a Data Center shall not be considered an Office, Warehouse,
Manufacturing, or Research use.

For zoning and regulatory purposes, Data Centers shall be classified based on maximum
electrical demand, expressed in megawatts (MW), rather than building size.

(1) Tier |-Low-Impact Data Center: A facility with a maximum projected electrical demand
of two (2) megawatts (MW) or less at full build-out, measured as the combined
electrical load of all tenants and facility operations. On-site generation capacity shall
be included in the calculation of electrical demand, except for on-site solar generation.
Tier | facilities are typically associated with localized network, enterprise, or edge
computing functions.

(2) Tier Il - Moderate-Impact Data Center: A facility with a maximum projected electrical
demand greater than 2 MW but not exceeding 10 MW at full build-out. These facilities
may include multi-tenant or colocation environments and require substantial utility
coordination.

(3) Tier Ill - High-Impact Data Center: A facility with a maximum projected electrical
demand exceeding 10 MW at full build-out. These facilities are commonly associated

with hyperscale or campus-scale computing operations and may require major
electrical infrastructure expansion.

Data centers include, but are not limited to, the following types:

¢ Hyperscale Data Center -—A very large-scale facility typically operated by a single entity
for cloud computing, large-scale data processing, or enterprise services, characterized
by substantial electricity demand, extensive mechanical cooling systems, and limited
on-site staffing.

¢ Enterprise or Colocation (Colo) Data Center - A facility in which multiple customers
lease space, equipment areas, or “racks” within a shared infrastructure environment
operated by a specialized provider, with common power, cooling, telecommunications,
and backup systems.

« Edge or Micro Data Center -A smaller-scale facility designed to serve localized or
network edge functions, typically occupying significantly less floor area and operating
with minimal on-site personnel.

These categories are descriptive only and shall not limit the Building Inspector’s authority to
classify a facility as a Data Center based on its functional characteristics and electrical
demand. The applicable Tier shall be determined by the maximum designed electrical
capacity, regardless of the number of tenants, building square footage, phased construction,
or current utilization levels.

Without limiting the other definitional criteria contained herein, a use shall be classified as a
Data Center where either:

(a) more than twenty-five percent (25%) of the gross floor area is devoted to server racks,
stationary computing equipment, or associated mechanical or electrical infrastructure;
or

(b) the primary purpose of the facility, as determined by the Building Inspector, is the
housing and operation of computer servers and related infrastructure, regardless of
floor area allocation.

By inserting the following new section:
Data Centers
A. Purpose and Intent

The purpose of this section is to establish clear standards for the siting and operation of Data
Centers in order to protect public health, safety, and welfare; to ensure compatibility with
surrounding land uses; and to allow for review of site-specific impacts related to energy
demand, water use, noise, emissions, site design, and municipal infrastructure.

B. Applicability

1. Tier|-Low Impact Data Centers shall be permitted only by Special Permit from the
Planning Board in the Business 1, Business 2, Light Industrial A, Light Industrial B, and Light
Industrial C Zoning Districts.

2. Except as provided in section B(1) above, Data Centers shall be prohibited in all zoning
districts.

3. Allapplications for a Data Center shall require a Special Permit and shall comply with the
performance standards set forth in this bylaw.

C. Performance Standards

In addition to the general Special Permit criteria, the Planning Board shall make written
findings demonstrating compliance with the following performance standards.

(1) Electrical Demand and Infrastructure Capacity

(a) The applicant shall submit an estimate of maximum electrical demand, expressed in
megawatts (MW), at full build-out, including anticipated load profiles and any proposed
phasing.

(b) The applicant shall demonstrate, through written documentation from the local utility
provider, that sufficient electric capacity exists or can be made available to serve the
proposed facility without impairing reliability, capacity, or service levels for existing
municipal electric customers.

(c) The applicant shall identify any required on-site or off-site electric infrastructure
improvements, including substations, feeders, or transmission upgrades, and
demonstrate coordination with the local electricity provider. The applicant shall also
provide a planning-level cost estimate for such improvements, prepared by a qualified
engineer or utility professional, including a description of cost assumptions and the
anticipated allocation of costs between the applicant and the municipality, if
applicable.

(d) Where phased development is proposed, the Planning Board may condition approval
on demonstrated availability of electric capacity at each phase.

(e) The Planning Board may impose, as a condition of approval, a maximum approved
electrical demand expressed in megawatts (MW), and may require compliance
monitoring.

(2) Water Use and Cooling Systems

(a) The applicant shall submit estimates of average daily and maximum daily water usage
associated with facility operations, including cooling systems, expressed in gallons per
day, as well as a narrative explaining the relationship between projected electrical
demand (MW) and anticipated water usage, including cooling system type and
seasonal variation.

(b) Written documentation from the Department of Public Works shall be provided
demonstrating that the proposed water usage can be accommodated without adverse

impacts to system reliability, fire protection, the Sagamore lens, general aquifer levels,
or existing users.

(c) Cooling systems shall be designed to utilize minimal potable water. Applicants shall
identify efficiency measures employed to reduce consumption, including the use of
closed-loop, air-cooled, recycled-water, or other low-water technologies where
feasible. Systems that rely on continuous or seasonal evaporative use of potable water
as the primary cooling method are strongly discouraged and must demonstrate that no
reasonable alternative with lower water demand is practicable.

(d) The Planning Board may condition approval on limits to maximum daily or annual water
usage, require monitoring of consumption, restrict halt seasonal use during drought
conditions, or on phased occupancy tied to demonstrated system capacity.

(e) Where the proposed facility necessitates upgrades or extensions to municipal water,
wastewater, or stormwater infrastructure, the applicant shall submit a planning-level
cost estimate of such improvements, prepared by a qualified professional, together
with a narrative describing the scope of work, timing, and responsibility for
implementation.

(3) Noise

(a) Continuous operational noise, including mechanical equipment, cooling systems,
transformers, and other exterior equipment, shall not exceed applicable local or state
noise standards and the limits set forth herein, whichever individually or collectively
results in the more restrictive regulation as applied to the Data Center:

i. Sensitive Receptor: Any existing residence, school, daycare facility, medical facility,
hospital, nursing home, assisted living facility, elder care facility, place of worship,
or other building regularly occupied by persons for residential, educational,
medical, or congregate purposes at the time of Special Permit application.

ii. Point of Compliance: The exterior of the nearest existing Sensitive Receptor, or the
nearest residential zoning district boundary to the subject property where no
Sensitive Receptor exists within 1,000 feet of the subject property, unless otherwise
specified by the Planning Board.

iii. Continuous Operational Sound: Sound generated by the normal, ongoing operation
of facility equipment, including mechanical systems, cooling systems,
transformers, and similar infrastructure, measured under typical operating
conditions and excluding short-term, intermittent, or emergency events such as
maintenance activities or backup generator operation during power outages.

Noise compliance shall be evaluated at the Point of Compliance.

In no event shall continuous operational sound, as measured at the Point of
Compliance, exceed:

* 50 dBA between 7:00 a.m. and 10:00 p.m.; or
e 45 dBA between 10:00 p.m. and 7:00 a.m.

(b) Backup generator testing shall be limited to days and hours approved by the Planning
Board. Emergency operation during actual power outages shall be exempt.

(c) Anoise study prepared by a qualified professional may be required to demonstrate
compliance with applicable local or state noise standards and to evaluate potential
impacts from continuous or cumulative industrial operations. Such study may include
multi-day ambient monitoring, modeling at full build-out, evaluation of tonal
characteristics, and assessment of cumulative impacts. Post-construction sound
monitoring may be required to verify compliance, and corrective mitigation measures
may be required if standards are exceeded.

(4) Backup Power and Emissions

(a) The applicant shall identify the number, size, fuel type, and location of all backup
generators.

(b) Backup generators shall be limited to emergency operation and scheduled testing, in
accordance with manufacturer specifications, except where otherwise required by
applicable codes.

(c) Compliance with all applicable state and federal emissions standards shall be
demonstrated.

(5) Site Design and Physical Impacts

(a) Building height, massing, and setbacks shall, in addition to complying with the
applicable baseline dimensional regulations, be designed to minimize visual and
operational impacts on adjacent properties.

(b) Mechanical equipment, generators, and substations shall be screened from view from
public ways and adjoining properties.

(c) Exterior lighting shall be designed to prevent light spillover beyond the site.

(d) Air Quality and Emissions The facility shall comply with all applicable federal, state,
and local air quality regulations. Applicants shall identify the number, size, fuel type,
and anticipated operating schedule of all combustion equipment, including backup
generators. The Planning Board may require documentation demonstrating that
emissions from such equipment will not create nuisance conditions or adversely affect
nearby Sensitive Receptors. Where appropriate, the Planning Board may require
emission control measures, operational limitations on testing, or other mitigation
measures to minimize potential air quality impacts.

(6) Municipal Services and Infrastructure

The applicant shall demonstrate that the proposed facility will not create an undue burden
on municipal services, including fire, police, and public works, water, sewer, water quality,
aquifer levels or recharge, and electric systems.

If mitigation measures or capital improvements are required to maintain acceptable
service levels, the applicant shall provide an estimate of the cost of such measures and

identify the party responsible for funding them. Fire protection systems and emergency
access shall be reviewed by the appropriate municipal departments.
D. Conditions and Safeguards

The Planning Board may impose conditions necessary to ensure compliance with this
section, including but not limited to:

1. Limits on maximum electrical load;

2. Caps on water usage;

3. Noise monitoring or reporting requirements;

4. Restrictions on generator testing schedules; and

5. Phasing tied to demonstrated infrastructure capacity.

—. Post-Approval Monitoring and Reporting

(1) Operations Reporting Schedule - As a condition of approval, the Planning Board shall
require submission of Operations Reports in accordance with the following schedule:

Phase [Time Period _|Frequency IPurpose

erify early compliance
during initial operations
Confirm stable system

[Startup Monitoring |Months 1-3 Monthly (Month 1, 2, 3)

Early Operations Months 4-12 __ {Twice per year (Month 6, 12)

performance
Te
Long em ear 2 onward [Annual (Month 24, 36, 48, 60)\Ongoing compliance tracking
Operations
a . Supports 5-year permit
Permit Term Years 1-5 Monitoring continues

renewal review

The Planning Board may modify the reporting frequency upon a finding that the facility has
demonstrated sustained compliance with all approved operational limits.

(2) As a condition of approval, the Planning Board may require submission of an Annual
Operations Report for the duration of the Special Permit. At a minimum, the report shall
include:

(a) Maximum electrical demand for the preceding calendar year (MW);

(b) Average daily and maximum daily water usage for the preceding calendar year (gallons
per day);

(c) Confirmation of compliance with approved operational limits; and

(d) Identification of any discharge of cooling or process water to the municipal sewer
system, where applicable.

(e) Description of any operational changes affecting electrical load, cooling systems, or
water usage.

The report shall be prepared or certified by a qualified professional and provided to the
Planning Department, local electricity provider, and Department of Public Works, as
applicable.

F. Transferability and Continuing Obligations

1. Any increase in approved electrical demand beyond the permitted MW threshold shall
require modification of the Special Permit.

2. Any Special Permit issued pursuant to this section shall run with the land and shall be
binding on the property owner and any successors, assigns, or operators.

3. Achange in ownership or operator shall not relieve the property of compliance with all
permit conditions.

4. Prior to a change in operator, written notice shall be provided to the Planning
Department confirming continued compliance.
G. Term of Special Permit and Renewal

(1) Term - A Special Permit issued for a Data Center under this section shall be valid for a
period of five (5) years from the date the decision is filed with the Town Clerk,
regardless of the date of commencement of construction or operations.

(2) Renewal Required - Continued operation of the facility beyond the initial five-year term
shall require approval of a Special Permit Renewal from the Planning Board.

(3) Application for Renewal - The permit holder shall submit a complete application for
renewal of not less than ninety (90) days prior to the expiration of the Special Permit
term. The renewal application shall include documentation demonstrating continued
compliance with all conditions of approval, operational limits, and reporting
requirements, together with any updates to facility operations, infrastructure demand,
or system design.

(4) Scope of Review - The Planning Board’s review of a renewal application shall be limited
to evaluation of:

(a) Operational performance and compliance history;
(b) Electrical demand, water usage, and other infrastructure impacts;
(c) Adherence to approved limits and conditions; and

(d) Any material changes proposed to the facility or its operations.

(5) Action on Renewal - Following review, the Planning Board may:
(a) Renew the Special Permit with no changes;

(b) Renew the Special Permit with modified conditions reasonably related to
demonstrated impacts; or

(c) Require submission of a new Special Permit application where substantial changes
to the use or its impacts are proposed.

Substantial changes may include, but are not limited to, increases in approved
electrical demand, significant changes to cooling systems or water usage, installation
of additional generators or major mechanical equipment, expansion of floor area
devoted to data center operations, or other modifications that materially increase
operational impacts.

(6) Failure to Apply for Renewal - Failure to submit a timely renewal application shall cause
the Special Permit to lapse upon expiration of the five-year term, and continued
operation thereafter shall constitute a violation of this bylaw.

(7) Enforcement - Failure to comply with approved limits, conditions, or reporting
requirements may constitute grounds for enforcement or denial of renewal.

Or do or take any other action on this matter. On request of Jack Richardson and concerned
residents.

Publications: 8.21.26, 8.28.26