Andover Residents Came First: Why the Township Explored a Data Center, Reversed Course and Is Now Defending the Ban

Politics has a way of squeezing complicated events into a convenient sentence.

The convenient version
“Tom Walsh wanted a data center.”

Simple. Memorable. Easy to place on a social media graphic. It is also missing nearly the entire story.

The complete story begins with the loss of Andover Township’s largest ratable, a sudden threat to approximately $1.4 million in annual property-tax revenue, and a responsibility to find new ways to strengthen the Township’s tax base without placing an even greater burden on homeowners.[1]

It includes a potential project that promised substantial revenue, a public debate that drew residents and organized activists from throughout the region, direct conversations with the people who actually live in Andover, and a Township Committee that changed course when those residents made their position clear.

And it includes the consequence of that decision: a developer’s lawsuit asking a court to overturn the ban. The lawsuit is not evidence that a data center was ever approved. It is the legal challenge that followed after the Township listened to Andover residents and prohibited the use.[5]

Most importantly, it is a story about who should have the final say in Andover’s future.

That answer is Andover residents.
The financial reality

The Financial Challenge Andover Could Not Ignore

In 2022, Woodland Behavioral and Nursing Center, formerly known as Andover Subacute and Rehabilitation II, closed after years of regulatory intervention and serious concerns about conditions at the facility.

The closure was necessary, but it also created an immediate financial problem for Andover Township.

The facility had contributed approximately $1.4 million in annual property taxes, helping fund local schools, roads, police and other public services. Federal officials described it as Andover’s single-largest source of revenue. When its owner stopped paying property taxes after the closure, the Township faced an unexpected financial crisis.[1]

$1.4MApproximate annual property-tax revenue tied to the closed facility
$1.2MOverdue taxes and interest paid through the 2023 tax-sale certificate
$5MPotential annual PILOT figure discussed during exploration
30 YearsPotential duration discussed for the PILOT arrangement
Municipal budgets, unfortunately, do not repair themselves. You cannot place the missing revenue in a drawer, give it some time to think about what it has done and expect it to return with an apology.

The Township had to act.

In 2023, a private company purchased the tax-sale certificate for the shuttered property, resulting in payment of nearly $1.2 million in overdue taxes and interest. Mayor Tom Walsh said at the time that the transaction restored the Township’s financial position and gave Andover greater control over the property’s future through redevelopment planning.[2]

That transaction addressed the immediate arrears, but it did not erase the larger lesson.

A small town cannot safely depend too heavily on one large property. Andover needed to strengthen and diversify its tax base while finding a productive long-term future for vacant and underperforming sites.

“When Woodland closed and its owner stopped paying taxes, Andover was facing a financial hole that no responsible governing body could ignore. We had a duty to protect taxpayers by looking for new ratables and new opportunities.”
Mayor Tom Walsh
Due diligence, not a final decision

Why the Township Considered a Data Center

Against that financial backdrop, representatives associated with more than 90 acres near Route 206 and Stickles Pond Road approached the Township about the possibility of a data center.

The property was already located within an economic-development area and, according to Mayor Walsh, was zoned to accommodate a warehouse of approximately 650,000 square feet. The potential data center was presented as an alternative that could produce significantly more revenue while requiring fewer daily vehicle trips than a large distribution warehouse.[3]

Preliminary discussions included a possible payment-in-lieu-of-taxes agreement, commonly called a PILOT, that could have generated as much as $5 million annually for 30 years. Walsh also discussed the possibility of directing $500,000 annually toward a school-district capital fund. Those numbers were potential figures discussed during the exploratory process, not guaranteed revenue or an executed financial agreement.[3]

For a municipality that had recently watched its largest ratable close and stop paying taxes, an opportunity of that size deserved examination.

Ignoring it without asking questions would not have been due diligence. It would have been the governmental equivalent of refusing to open an envelope because the news inside might require work.
“After losing our largest ratable, we had an obligation to investigate a proposal that could potentially generate substantial revenue for Andover. Exploring an opportunity is part of governing. It does not mean that the opportunity will ultimately be right for the town.”
Mayor Tom Walsh
A crucial distinction

Exploring Is Not Approving

This distinction has largely disappeared from the political conversation.

In September 2025, Ordinance 2025-15 added data centers as a permitted principal use within the Route 206 Economic Development Zone. In April 2026, Ordinance 2026-08 established a maximum height of two stories or 65 feet specifically for data centers.[4]

Those zoning decisions created a pathway through which a data-center application could potentially be considered.

  • They did not grant final site-plan approval.
  • They did not issue construction permits.
  • They did not approve an executed PILOT agreement.
  • They did not authorize a completed project.

As Walsh said publicly:

“No formal plans were drawn up.”
Published quote from Mayor Tom Walsh

Exploring a proposal is not the same as approving it. Otherwise, everyone who test-drives a pickup truck would own one before dinner.

The Township was interested in the possible revenue and was evaluating whether the use could work. That is the honest answer. It should not be exaggerated into a secret agreement, but it should not be hidden behind vague language either.

Who was in the room

A Regional Campaign Came to Andover

As awareness of the potential project grew, the May 7 Township Committee meeting attracted intense regional attention.

Andover residents attended, but so did people from neighboring towns and organized groups with broader political or environmental objectives. Published reporting identified participation by organizations including the Sussex Visibility Brigade, New Jersey Democratic Socialists of America and Climate Revolution Action Network. Walsh estimated that attendance was divided approximately 60 percent to 40 percent between Andover residents and people from other communities.[3]

Those organizations and visitors had every right to attend a public meeting, raise concerns and participate in the discussion. Issues involving electrical demand, water, noise, air quality and regional infrastructure do not necessarily stop at a municipal border.

But the presence of organized opposition created an additional responsibility for Andover’s elected officials.

They needed to separate the regional campaign from the judgment of the residents they were elected to represent.

A packed room can tell you the temperature of an issue. It cannot always tell you the ZIP codes.
The turning point

Listening Beyond the Meeting

The meeting made clear that the issue was controversial. What happened next made clear what Andover residents believed.

Mayor Walsh and members of the Township Committee took time to speak directly with people who live in Andover, including residents who were concerned about the proposal but were not affiliated with organized activist groups.

They listened outside the charged atmosphere of a packed meeting.

They heard concerns about Andover’s rural character, environmental resources, infrastructure, water, electricity, noise and the scale of the proposed use.

Most importantly, they learned that opposition was not limited to outside organizations or activists following data-center proposals across New Jersey.

Andover residents themselves did not want a data center in their town.

That was the turning point.

“We heard from organized groups and people from outside Andover, and we respected their right to speak. But our obligation was to sit down with Andover residents, understand their position and decide what was right for the people who call this town home.”
Mayor Tom Walsh
“Those conversations changed the picture. Once we heard directly from Andover residents, it became clear that a data center was not the future they wanted for their community.”
Mayor Tom Walsh
Listen respectfully to everyone, but answer to Andover.
Five days to begin reversing course

The Township Immediately Changed Course

Once the Committee understood the position of Andover residents, it did not spend months studying how to avoid making a decision.

It acted.

May 7The contentious Township Committee meeting takes place.
May 12Ordinance 2026-13 is introduced to repeal the prior ordinances and prohibit data centers.
May 19The Land Use Board finds the proposed ban consistent with the Master Plan.
May 28The Township Committee unanimously adopts the ordinance.

The contentious meeting occurred on May 7. Just five days later, at a special meeting on May 12, the Township Committee introduced Ordinance 2026-13 to repeal the prior data-center ordinances and prohibit data centers throughout Andover Township.

On May 19, the Land Use Board found the proposed ban consistent with the Township’s Master Plan. On May 28, the Township Committee unanimously adopted the ordinance.[4]

That timeline matters.

The Committee did not continue pushing the project after local sentiment became clear. It did not hide behind the amount of potential revenue. It did not tell residents that government always knows best.

It listened, reconsidered and reversed course.

“Once our conversations with Andover residents made their position clear, there was no reason to drag this out. The Committee moved immediately to reverse course and prohibit data centers.”
Mayor Tom Walsh
The decision moved into court

The Consequence of Reversing Course: A Lawsuit

The decision to listen to residents did not end the controversy. It moved the dispute into court.

What the complaint seeks

On July 10, 2026, National Land Developers filed a civil complaint in New Jersey Superior Court seeking to invalidate Ordinance 2026-13, prevent the Township from enforcing the data-center prohibition and recover attorney’s fees, costs and other relief.[5]

The complaint argues that the ban lacked a valid land-use purpose, did not constitute sound planning and was adopted through a process the developer claims violated New Jersey’s Municipal Land Use Law. It also challenges the Land Use Board’s review of the ordinance. These are allegations made by the developer. They have not been decided by a court.[5]

The central point should not be lost: the lawsuit did not follow the approval of a data center. No formal site plan or application for a data center had been filed with the Land Use Board. The lawsuit followed the Township’s decision to repeal the ordinances that had opened a path for the use and to ban data centers after hearing from Andover residents.[5]

Andover is being sued because the Committee reversed course and enacted the prohibition residents wanted.

The Township Committee has publicly stated that it intends to vigorously defend the lawsuit, has no interest in settling and believes the prohibition was a valid and reasonable exercise of municipal authority. The Township also stated that filing the lawsuit did not give the property owner any new development rights and that the data-center prohibition remains in effect.[5]

“The Township Committee intends to vigorously defend the allegations and has no interest in settling. We are confident that we will demonstrate to the court that the action taken to prohibit data centers was a valid and reasonable exercise of the Mayor and Committee’s authority and power.”
Published statement from the Mayor and Township Committee

Lawsuits carry uncertainty and legal expense. No responsible official can guarantee at the beginning of a case exactly how long it will take or what the final cost will be. But the alternative would be to abandon the ban simply because the developer challenged it, which would abandon the decision Andover residents asked their government to make.

“We did not reverse course because it was easy. We reversed course because, after sitting down with Andover residents, it was clear that a data center was not what they wanted. Now that decision is being challenged, and we intend to defend it.”
Mayor Tom Walsh
What representative government requires

Is Changing Course a Failure?

Opponents now argue that considering a data center, later rejecting it and facing a lawsuit proves that Township leadership failed.

That argument skips the actual choice the Committee faced. Once Andover residents made their opposition clear, officials could continue pursuing the potential revenue or reverse course knowing that the developer might challenge the decision. The Committee chose to stand with residents, even though that choice carried legal risk.

That is a remarkably convenient standard.

Under that theory, elected officials should never investigate a proposal unless they already know every answer. They should never alter a position after hearing from residents. They should apparently arrive at every meeting with perfect information, a crystal ball and several completed environmental studies tucked neatly under the agenda.

That is not how responsible government works.

Leadership requires officials to explore possible solutions to real problems.

It also requires them to recognize when a proposed solution is not right for the community.

Changing direction after listening to residents is not a failure of representative government. Refusing to change because admitting that residents persuaded you might be politically uncomfortable, that would be the failure.

“Changing your mind after listening to the people you represent is not weakness. Leadership means being willing to say, ‘We heard you, we understand your concerns, and we are taking a different path.’”
Mayor Tom Walsh

Walsh summarized his position publicly:

“I’m not about to tear the town apart over money. This is the best town a person could live in.”
Published quote from Mayor Tom Walsh
The governing principle

Andover Residents Over Activism

Outside organizations may advocate for their preferred policies. Developers may advocate for their projects. Labor groups may advocate for jobs. Environmental organizations may advocate against projects they consider harmful.

All of them are entitled to be heard.

But none of them replaces the residents of Andover Township.

The Committee’s responsibility was not to automatically follow the developer, the activists, the loudest speaker, the longest Facebook post or the person who located the caps-lock key first.

Its responsibility was to listen to everyone, examine the proposal and then determine what the people of Andover wanted for their own hometown.

That is what happened.

Organized activism brought attention to the issue. Direct conversations with Andover residents determined the Township’s response.

The distinction is important because Andover’s future cannot be governed by whoever assembles the largest regional audience on a given Thursday evening.

It must be governed for the people who live here.

The work continues

The Need for Responsible Ratables Remains

Banning data centers did not eliminate the financial challenge facing the Township.

Andover still needs a stable and diverse tax base.

It still needs to fund roads, police, public works, emergency services, recreation and municipal facilities.

It still needs to limit the amount of that burden placed on homeowners.

The question is not whether Andover should pursue new ratables.

The question is whether proposed development fits Andover.

Saying no to an unsuitable project is sometimes necessary. But “no” by itself is not a redevelopment plan.

The Township must continue finding productive uses for vacant or underperforming properties while preserving the rural character residents value.

A more compatible path

A New Future for the Former Woodland Property

The former Woodland property at 99 Mulford Road illustrates what a more community-compatible redevelopment approach can look like.

Andover designated the property as an area in need of redevelopment and adopted a redevelopment plan in December 2024. The plan contemplates age-restricted housing and affordable-housing components on the former institutional site.[6]

Proposed senior community 120 Homes

Cottage-style age-restricted housing, community amenities, walking areas, common spaces and two group homes.

A proposal by LWM Predevelopment calls for a 120-unit age-restricted senior community consisting of cottage-style homes, common spaces, walking areas, community amenities and two group homes.

The Land Use Board unanimously approved the final site plan with conditions in April 2026. Official minutes show that the proposal includes recreation space, walking connections, a community center and landscaping intended to create a neighborhood rather than another institutional complex. The proposed development was estimated to use substantially less water than the former 543-bed nursing facility.[7]

This is not simply a plan to add buildings.

It is an opportunity to return a distressed property to productive use, provide housing for older adults, create a new ratable and allow seniors to remain near their families and community.

No redevelopment proposal is exempt from scrutiny. It must satisfy engineering, environmental, infrastructure and land-use requirements.

But it represents the kind of question Andover should be asking:

How can we strengthen the tax base while creating something that belongs in our town?
“Our goal is not to accept any ratable at any cost. Our goal is to find the right ratables for Andover, projects that strengthen the tax base while respecting the character of our community.”
Mayor Tom Walsh
Accountability and improvement

What the Township Learned

The data-center process was not perfect.

The Township should have communicated earlier and more clearly about why data centers were being added as a permitted use, why the height standard was being changed and what financial opportunity officials were evaluating.

Residents should not have had to assemble information from multiple agendas, ordinances and conversations to understand the possibility being considered.

That lesson should not be minimized.

The answer is not to pretend that no mistakes were made. The answer is to improve the process.

Major land-use proposals should include:

  • Earlier public communication
  • Plain-language explanations of proposed zoning changes
  • Clearer information about potential benefits and risks
  • Easier access to supporting documents
  • Meaningful opportunities for residents to participate
  • Direct engagement with the people most affected before positions become hardened
“We should have explained the proposal and the reasons for considering it earlier. Residents deserve to understand major land-use discussions before an issue reaches a boiling point, and that is a lesson we will carry forward.”
Mayor Tom Walsh

Accountability requires acknowledging what should have been handled better.

Fairness requires acknowledging what happened next.

  • The Township listened.
  • The Township changed course.
  • The Township prohibited data centers.
  • The Township is defending the ban.
The complete story

Moving Andover Forward

The story of the data center is not that Township officials explored an opportunity and stubbornly forced it through over resident objections.

That did not happen.

The Township was dealing with the financial shock created by the closure of its largest ratable. Officials explored a potentially significant source of new revenue. The public debate drew local residents, regional activists and people from neighboring communities.

Then Tom Walsh and members of the Committee sat down and listened directly to Andover residents.

Those residents made their position clear.

Within days, the Township began reversing course. Within weeks, data centers were prohibited throughout Andover.

Today, the Township is defending that prohibition against a lawsuit seeking to overturn it while pursuing more compatible redevelopment, including senior housing at the former Woodland property.

That is the complete story.

A lost ratable. An opportunity explored. Andover residents heard. An immediate reversal. A lawsuit now being defended.

Not every idea explored by government will become a good project. Not every early decision will survive public scrutiny. Not every important issue will fit neatly on a social media graphic.

But every major decision affecting Andover should ultimately come back to one question: What is right for the people who call Andover home?

“We will listen respectfully to everyone, but our obligation is to Andover residents. When they told us this project was not right for their community, we listened, changed course and acted. That is how we will continue to serve, preserve and protect our hometown.”
Mayor Tom Walsh