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Portsmouth board tells EFSB it sees no local zoning barrier for buried South Coast Wind cable

Portsmouth Zoning Board · November 21, 2024
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Summary

The Portsmouth Zoning Board issued an advisory opinion to the Energy Facilities Siting Board that approximately 2 miles of underground transmission cable sited beneath Portsmouth roads does not require a special‑use permit or zoning variance, noting no aboveground substation or permanent facility will be located in town.

Attorney Michael Mano asked the Portsmouth Zoning Board to advise the Energy Facilities Siting Board that the Portsmouth portion of the South Coast Wind export cable should be treated as a permitted use rather than one requiring a special‑use permit or variance. "We're here tonight not on a request for zoning relief, but on a request that this board issue an advisory opinion to the Energy Facilities Citing Board," Mano said, describing roughly 2 miles of underground transmission within town.

Kelsey Perry, external affairs manager for South Coast Wind, told the board the larger project would bring offshore export cable from a federal lease area to Brayton Point; the Portsmouth portion is a short, buried connection that will be installed under existing roadways. "This is a temporary construction project," Perry said. "There should be no impacts during operation for the community." Penn Black, the project's engineer, added that roads would remain open with traffic management plans during construction and that cables would be installed about 3 feet below the surface.

Mano pointed to recent changes to the Zoning Enabling Act and to language in Portsmouth's zoning ordinance addressing public utilities to argue that, because there is no power generation, substation, or permanent aboveground apparatus in Portsmouth, the town's ordinance does not require special‑use permits or variances for this buried transmission segment. The attorney referenced recent legislative amendments to "40 five‑twenty four‑forty 2 of the Zoning Enabling Act," as included in the meeting packet.

After questions about jurisdictional limits and construction impacts, a board member moved — and later amended — that the board render an advisory opinion to the EFSB finding the Portsmouth portion of the project is a permitted use and that no special‑use permit or variance is required. The board recorded affirmative votes and the chair stated the advisory opinion would be issued in support of the finding.

The board's advisory opinion does not change state permitting by the EFSB; it addresses only the town's interpretation of its zoning ordinance as it applies to the Portsmouth portion of the South Coast Wind export cable. The board noted plans will include traffic‑maintenance measures during construction and that final permitting remains under the jurisdiction of the EFSB and any state or federal agencies.