CSC: Docket No. 181 Decision

DOCKET NO. 181 - Cellco Partnership d/b/a Bell Atlantic Mobile application for a Certificate of Environmental Compatibility and Public Need for the construction, maintenance, and operation of a cellular telecommunications tower and associated equipment located at 8 Inspiration Lane, or 49 Wig Hill Road in the Town of Chester, Connecticut

Connecticut Siting Council

May 13, 1998

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 telecommunications facility at the proposed alternate site in Chester, 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 Mobile (BAM) for the construction, operation, and maintenance of a telecommunications tower, associated equipment, and buildings at the proposed alternate site, on an approximately 18 acre site at 49 Wig Hill Road in the Town of Chester, Connecticut. We deny certification of the proposed prime site, without prejudice, due to the potential effects to the environment associated with the construction of additional future towers that would be required to provide adequate coverage for all carriers along Route 9, with a tower configuration using the proposed prime site.

The facility shall be constructed, operated, and maintained 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 telecommunications services, sufficient to accommodate the antennas of BAM, Springwich Cellular Limited Partnership (Springwich), Sprint Spectrum L. P. (Sprint), Nextel Communications of the Mid-Atlantic, Inc. (Nextel); and other entities, both public and private, but such tower shall not exceed a height of 150 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: a final site plan(s) for site development to include the location and specifications for the tower foundation, antennas, equipment buildings, emergency generator and fuel tank, security fence, access road, and utility line; construction plans for site clearing, tree trimming, water drainage, and erosion and sedimentation controls consistent with the Connecticut Guidelines for Soil Erosion and Sediment Control, as amended; provisions for the tower finish that may include painting; and provisions for the prevention and containment of spills and/or other discharge into surface water and groundwater bodies.

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 reapply for any continued or new use to the Council before any such use is made.

7. Any antenna that becomes obsolete and ceases to function shall be removed within 60 days after such antennas become obsolete and ceases to function.

8. 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.

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.

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 ITS REPRESENTATIVE

Bell Atlantic Mobile

Kenneth C. Baldwin, Esq.

Brian C. S. Freeman, Esq.

Robinson & Cole

One Commercial Plaza

Hartford, CT 06103-3597

Mr. David S. Malko, P.E.

Jennifer Young Gaudet

Bell Atlantic Mobile

20 Alexander Drive

Wallingford, CT 06492

INTERVENORS ITS REPRESENTATIVE

Springwich Cellular Limited Partnership

Peter J. Tyrrell, Esq.

General Counsel

500 Enterprise Drive

Rocky Hill, CT 06067-3900

Nextel Communications of the Mid-Atlantic, Inc. d/b/a Nextel Communications

Christopher B. Fisher, Esq.

Cuddy, Feder & Worby, Esq.

90 Maple Avenue

White Plains, NY 10601

Sprint Spectrum, L.P. d/b/a Sprint PCS

Elias A. Alexiades

Julie M. Cashin

Hurwitz and Sagarin, P.C.

147 North Broad Street

Milford, CT 06460

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Content Last Modified on 10/9/2002 1:06:39 PM