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ZBA tables Spectrum Northeast appeal seeking CEHA permit for underwater fiber; residents voice support and concerns
Summary
Spectrum Northeast asked the Zoning Board to reverse a Building Inspector denial and grant a CEHA permit (or variance) to install fiber optic cable under Sodus Bay and attach to existing utility poles; the Board heard resident support, questions about work that may already have been done, and tabled the item to consult the Town Attorney.
Spectrum Northeast, LLC presented agenda item 1222-25 seeking reversal of a Building Inspector denial or a variance under the Town of Huron Coastal Erosion Hazard Area Law (CEHA) to allow horizontal directional drilling (HDD) and placement of fiber optic cable under Sodus Bay from Leroy Island to Knob Island/Crescent Beach and to attach cable to existing RG&E utility poles. Attorney Frank Pavia said the company views use of existing poles as a "non-major addition to an existing structure" that should be permitted and noted that the DEC sent a letter advising the Town not to issue a permit for the project; Pavia said the DEC letter did not comment on a variance.
Several island residents spoke in favor of the project, citing the desire for high-speed internet and local benefits: Sam Lentine, Doug Barr and Bob Haak each expressed support. The Board also heard from Tracey Stewart, who said he believes cable already was run over his deck and asked for clarity on how any under-bay connection would be tied into cottages; he said he did not want overhead connections. The Board questioned whether Spectrum had proceeded without proper approvals; Spectrum's representative said "that it appears that way." Board member Gordon Smith said, "I believe that the Board is not being told the whole big picture." Given outstanding questions, Chairman Bob Lannon said he would consult the Town Attorney and the Board tabled the matter to the next month; the public hearing remains open.
The item raises CEHA issues because the proposed route lies in a Natural Protective Feature (a beach) where Section 2.6(D) generally prohibits development except as provided by the law. Spectrum alternatively argues the work qualifies for a variance under Section 4.1. The Board accepted a short EAF determination of Type II but deferred substantive action pending legal review and possible further meetings.
