CSC: DOCKET NO. 169

DOCKET NO. 169 - An application of Bell Atlantic NYNEX Mobile, for a Certificate of Environmental Compatibility and Public Need for the construction, maintenance, and operation of a telecommunications tower and associated equipment located within a 56+/- acre parcel at 56 East Hampton Road, in Marlborough, Connecticut. The proposed alternatives are located within a 21.7+/- acre parcel at North Main Street and within a 2.5+/- acre parcel at 9-11 South Main Street, in Marlborough, Connecticut.

Connecticut Siting Council

October 25, 1995

DECISION AND ORDER

Pursuant to the foregoing Findings of Fact and Opinion, the Connecticut Siting Council (Council) finds that the effects associated with the construction, operation, and maintenance of a cellular telecommunications tower and equipment building at the proposed first alternate site in Marlborough, Connecticut, including effects on the natural environment; ecological integrity and balance; public health and safety; scenic, historic, and recreational values; forests and parks; air and water purity; and fish and wildlife are not disproportionate either alone or cumulatively with other effects when compared to need, are not in conflict with the policies of the State concerning such effects, and are not sufficient reason to deny the application and therefore directs that a Certificate of Environmental Compatibility and Public Need, as provided by General Statutes § 16-50k, be issued to Bell Atlantic NYNEX Mobile, Inc. (BANM) for the construction, operation, and maintenance of a cellular telecommunications tower, associated equipment, and building at the proposed first alternate site, located within a 21.7+/- acre parcel at North Main Street, Marlborough, Connecticut. We find the effects on scenic resources and adjacent land uses of the prime site and second alternate site to be significant, and therefore deny certification of these sites.

The facility shall be constructed, operated, and maintained as a monopole substantially as specified in the Council’s record in this matter, and subject to the following conditions:

1. The tower shall be constructed as a monopole, no taller than necessary to provide the proposed communications service, sufficient to accommodate the antennas of Springwich Cellular Limited Partnership and the Town of Marlborough, and not to exceed a total height of 160 feet above ground level (AGL).

2. The Certificate Holder shall prepare a Development and Management (D&M) Plan for this site in compliance with Sections 16-50j-75 through 16-50j-77 of the Regulations of Connecticut State Agencies. The D&M Plan shall be submitted to and approved by the Council prior to the commencement of facility construction and shall include placement of utilities underground, relocation of the tower within the leased parcel to provide the maximum practicable buffer of the tower from adjacent land owners; plans for the tower foundation; specifications for the placement of all antennas to be attached to this tower; plans for the equipment building and security fence; plans for the access road and utility line installation from North Main Street; plans for site clearing and tree trimming; and plans for water drainage and erosion and sedimentation controls consistent with the Connecticut Guidelines for Soil Erosion and Sediment Control, as amended.

3. Upon the establishment of any new State or federal radio frequency standards applicable to frequencies of this facility, the facility granted herein shall be brought into compliance with such standards.

4. The Certificate Holder shall provide the Council a recalculated report of electromagnetic radio frequency power density if and when circumstances in operation cause a change in power density above the levels originally calculated and provided in the application.

5. The Certificate Holder shall permit public or private entities to share space on the proposed tower for fair consideration, or shall provide any requesting entity with specific legal, technical, environmental, or economic reasons precluding such tower sharing.

6. If the facility does not initially provide, or permanently ceases to provide cellular services following completion of construction, this Decision and Order shall be void, and the Certificate Holder shall dismantle the tower and remove all associated equipment or reapplication for any continued or new use shall be made to the Council before any such use is made.

7. Unless otherwise approved by the Council, this Decision and Order shall be void if all construction authorized herein is not completed within three years of the effective date of this Decision and Order or within three years after all appeals to this Decision and Order have been resolved.

8. The Certificate Holder shall notify the Council upon completion of construction and provide the final cost to construct the facility.

Pursuant to General Statutes § 16-50p, we hereby direct that a copy of the Findings of Fact, Opinion, and Decision and Order be served on each person listed below, and notice of issuance shall be published in The Hartford Courant, and the Middletown Press.

By this Decision and Order, the Council disposes of the legal rights, duties, and privileges of each party named or admitted to the proceeding in accordance with Section 16-50j-17 of the Regulations of Connecticut State Agencies.

The parties and intervenors to this proceeding are:

APPLICANT
Bell Atlantic NYNEX Mobile, Inc.
 
ITS REPRESENTATIVE
Brian C. S. Freeman, Esq. 
Kenneth C. Baldwin, Esq.
Robinson & Cole
One Commercial Plaza
Hartford, CT 06103-3597
 
David S. Malko
General Manager - Engineering
Sandy M. Ranciato
Regulatory Services
Bell Atlantic NYNEX Mobile, Inc.
20 Alexander Drive
Wallingford, CT 06492
INTERVENOR 
Springwich Cellular Limited Partnership
ITS REPRESENTATIVE
Peter J. Tyrrell, Esq.
Springwich Cellular Limited Partnership
227 Church Street
New Haven, CT 06510
PARTY 
Town of Marlborough
ITS REPRESENTATIVE
William S. Fish, Jr. 
Tyler, Cooper & Alcorn
CityPlace, 35th Floor
Hartford, CT 06103-3488
PARTY 
Neighbors Endorsing an Appropriate Tower
(NEAT)
ITS REPRESENTATIVE
Barry S. Zitser 
Perakos, Kindl & Zitser
207 Main Street
Hartford, CT 06106

  
      



Content Last Modified on 8/9/2002 11:28:31 AM