DOCKET NO. 488 - Homeland Towers, LLC and New Cingular Wireless PCS, LLC d/b/a AT&T application for a Certificate of Environmental Compatibility and Public Need for the construction, maintenance, and operation of a telecommunications facility located at one of two sites: Kent Tax Assessor ID #M10, Block 22, Lot 38 Bald Hill Road or 93 Richards Road, Kent, Connecticut.
APPLICATION (recd. 02/28/2020)
Narrative
Attachment 1: Statement of Public Need with Coverage Plots
Attachment 2: Summary of Site Search and List of Existing Tower/Cell Sites
Attachment 3: Site A: Bald Hill Road: General Facility Description, Aerial Map, Topographic Map, Drawings, FAA 1-A Survey Certification, FAA Determination of No Hazard to Air Navigation
Attachment 4: Site A: Bald Hill Road: Site Evaluation Report, Facilities and Equipment Specifications, Site Impact Statement, Tree Inventory, List of Residential Buildings within 1,000'
Attachment 5: Site B: 93 Richards Road: General Facility Description, Aerial Map, Topographic Map, Drawings, FAA 1-A Survey Certification, FAA Determination of No Hazard to Air Navigation
Attachment 6: 93 Richards Road: Site Evaluation Report, Facilities and Equipment Specifications, Site Impact Statement, Tree Inventory, List of Residential Buildings within 1,000'
Attachment 7: Environmental Assessment Statement for Site A and Site B
Attachment 8: Wetlands Inspection Reports for Site A and Site B
Attachment 9: Power Density Analyses for Site A and Site B
Attachment 10: Visual Assessment & Photo-Simulations for Site A and Site B; Comparative Visual Assessment
Attachment 11: State Historic Preservation Office (SHPO); CT Department of Energy and Environmental Protection (DEEP) NDDB Map; and United States Fish and Wildlife Service (USFWS) Review
Attachment 12: Correspondence Related to Municipal Consultation
Attachment 13 and Attachment 14: Notice Published and Sent to Abutting Landowners; Certification of Service and Certification of Notice to Abutting Landowners; Sample Letter sent to Abutting Property Owners/Certification of Service of Application on Federal, State and Municipal Agencies
Attachment 15: Connecticut Siting Council Application Guide
Bulk Filing:
Section 1: Kent Connecticut 2012 Plan of Conservation and Development
Section 2: Zoning Regulations, Town of Kent, Connecticut, Adopted 1965, Effective December 30, 2019
Section 3: Zoning Map, Town of Kent, Connecticut, Effective July 1, 2018
Section 4: Inland Wetlands and Watercourses Regulations, for the Town of Kent, Connecticut, Kent Inland Wetlands Regulations, originally adopted July 1, 1988, revised effective date March 15, 2018
Section 5: Technical Report
PROCEDURAL CORRESPONDENCE
Council Letter to the Town of Kent per CGS § 16-50gg, 03/02/20
Council Acknowledgement of Planned Development Alliance of Norwest Connecticut, Inc. Request for Intervenor and CEPA Intervenor Status, 03/04/20
Council Request for a Completeness Review Extension, 03/12/20
Council Acknowledgement of the Bald Hill Neighbors' Request for Party/Intervenor and CEPA Intervenor Status, 03/23/20
Council Decision on Planned Development Alliance of Northwest Connecticut, Inc. Request for Status, 03/27/20
Council Decision on Bald Hill Road Neighbors' Request for Status, 03/27/20
Council Memorandum to Party and Intervenors, 03/27/20
Council Interrogatory Schedule Memorandum, 03/30/20
Council Acknowledgement of the Bald Hill Neighbors' Request to Add a Party and CEPA Intervenor, 04/02/20
Council Interrogatories to the Applicants, Set One, 04/03/20
Council Decision on Motion for Protective Order related to unredacted lease agreement, 04/24/20
Council Decision on Bald Hill Road Neighbors' Request to Add a Party and CEPA Intervenor, 04/24/20
Council Acknowledgement of the Town of Kent's Request for Party and CEPA Intervenor Status, 04/27/20
Council Interrogatories to Planned Development Alliance of Northwest Connecticut, Inc., Set One, 04/28/20
Council Interrogatories to Bald Hill Road Neighbors, Set One, 04/28/20
Council Decision on Bald Hill Road Neighbors' Motion for Site Preservation and to Preclude Spoliation of Evidence on Site, 05/26/20
Council Decision on Town of Kent's Request for Party and CEPA Intervenor Status, 05/26/20
Council Completion Review, 06/04/20
Council Interrogatories to Applicants, Set Two, 06/10/20
Council Memorandum Regarding Receipt of Department of Transportation Comments, 06/24/20
Council Decision on Applicants' Request for an Extension of Time to Respond to Council Interrogatories, Set Two, 07/01/20
Council Acknowledgement of Spectacle Ridge Association Request for Status, 07/17/20
Council Acknowledgement of South Spectacle Lakeside Residents Request for Status, 07/17/20
Council Decision on Joint Motion for In-Person Hearing and Site Inspection, 07/17/20
Council Decision on Spectacle Ridge Association Request for Status, 07/24/20
Council Decision on South Spectacle Lakeside Residents Request for Status, 07/24/20
Council Acknowledgement of Bald Hill Road Neighbors' Freedom of Information Act Request regarding the Phase 1 Environmental Site Assessment for Proposed Site A, Bald Hill Road, 07/30/20
Council Decision on Applicants' Request for an Extension of Time to Submit Late-Filed Exhibits, 08/03/20
Council Letter Requesting an Extension of Time to Render a Final Decision, 09/04/20
Council Response to Bald Hill Road Neighbors' Motion for Advice and Procedural Clarification, 10/05/20
STATE AGENCY COMMENTS
Connecticut Council on Environmental Quality Comments, 04/22/20
Department of Transportation Comments, 06/23/20
MUNICIPAL COMMENTS
PUBLIC OFFICIAL COMMENTS
TELECOMMUNICATION CARRIER CORRESPONDENCE
T-Mobile Comments, 07/16/20
Verizon Comments, 08/25/20
HEARING INFORMATION
Hearing Documents, 06/09/20
1. Instructions for Public Access to Remote Public Hearing
2. Public Hearing Notice
3. Hearing Program
4. Citizens Guide to Siting Council Procedures; and
5. Proposed Facility Site Plan A - Bald Hill Road
6. Proposed Facility Site Plan B - 93 Richards Road
Pre-Hearing Conference Memorandum, 06/10/20
Remote Hearing Procedure Memorandum, 06/17/20
Zoom Remote Public Hearing Recording, 07/23/20 (no longer available-see transcript below)
Council Memorandum Regarding Ruling on Motions and the Continuation of the Evidentiary Hearing Session, 07/24/20
1. Instructions for Access to August 11, 2020 Continued Evidentiary Hearing Session
2. August 11, 2020 Hearing Program
Zoom Remote Public Hearing Recording, 08/11/2020 (no longer available-see transcript below)
Council Memorandum Regarding Ruling on Motions and the Continuation of the Evidentiary and Closed Hearing Session, 08/12/20
Council Memorandum Regarding September 3, 2020 Hearing, 08/18/20
1. Instructions for Access to September 3, 2020 Closed and Continued Evidentiary Hearing Session
2. September 3, 2020 Hearing Program
Zoom Remote Public Hearing Recording, 09/03/20 (Open Session Only) (no longer available-see transcript below)
Council Memorandum Regarding Ruling on Motion and the Continuation of the Evidentiary Hearing Session, 09/04/20
1. Instructions for Access to the September 22, 2020 Continued Evidentiary Hearing Session
2. September 22, 2020 Hearing Program
Zoom Remote Public Hearing Recording, 09/22/20 (no longer available-see transcript below)
Schedules
Schedule, 03/27/20
Schedule, revised, 03/30/20
Schedule, revised, 06/04/20
Schedule, revised, 07/24/20
Schedule, revised, 08/18/20
Schedule, revised, 09/04/20
Schedule, revised, 09/14/20
Service Lists
Service List, 03/02/20
Service List, 03/27/20
Service List, 04/24/20
Service List, 05/22/20
Service List, 07/24/20
Service List, 09/18/20
Hearing Programs
Hearing Program, 07/23/20
Hearing Program, 08/11/20
Hearing Program, 09/03/20
Hearing Program, 09/22/20
Transcripts
Evidentiary Hearing Session Transcript, 07/23/20
Public Comment Hearing Session Transcript 6:30 p.m., 07/23/20
Transcript Receipt Memorandum, 07/29/20
Evidentiary Hearing Transcript, 08/11/20
Transcript Receipt Memorandum, 08/18/20
Closed Evidentiary Hearing Session Transcript (2 p.m.), 09/03/20 (Subject to Protective Order)
Open Evidentiary Hearing Transcript (4 p.m.), 09/03/20
Transcript Receipt Memorandum, 09/10/20
Evidentiary Hearing Transcript, 9/22/20
Transcript Receipt Memorandum, 09/29/20
PARTIES AND INTERVENORS
APPLICANTS - Homeland Towers, LLC and New Cingular Wireless PCS, LLC d/b/a AT&T
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Exhibits
Applicants' Responses to Council Interrogatories, Set One, 04/17/20
Protective Order related to unredacted lease agreement, 04/23/20
Applicants' Responses to Planned Development Alliance of Northwest Connecticut, Inc. Interrogatories, 05/15/20
Applicants' Responses to Bald Hill Road Neighbors' Interrogatories, Set One, 05/15/20
Applicants' Supplemental Submission, 07/16/20
Applicants' Responses to Siting Council Interrogatories, Set Two, 07/16/20
Applicants' Responses to Town of Kent Interrogatories, 07/16/20
Applicants' Responses to Bald Hill Neighbors' Interrogatories, Set Two, 07/16/20
Affidavit of Sign Posting, 07/16/20
Protective Order for Phase I Environmental Site Assessment, 07/23/20
Pre-filed Testimony of Dan Stebbins, 08/04/20
Applicants' Supplemental Submission, 08/04/20
Applicants' Late-Filed Exhibits, 08/06/20
Applicants' Late-Filed Exhibits, 08/26/20
Correspondence
Applicants' Response to Council Extension Request, 03/13/20
Applicants' Response to Council Memorandum, 03/31/20
Applicants' Interrogatories to Bald Hill Road Neighbors, 04/24/20
Applicants' Request for an Extension of Time to Submit Responses to Council Interrogatories, Set Two, 06/30/20
Applicants' Hearing Information, 07/16/20
Applicants' Request for an Extension of Time to Submit Late-Filed Exhibits, 07/31/20
Applicants' Continued Hearing Information, 08/04/20
Applicants' Response to Council's Request for Extension to Render Decision, 09/11/20
Applicants' Service List Change Request, 09/17/20
Motions and Objections
Applicants' Motion for Protective Order, 04/07/20
Applicants' Response to Bald Hill Road Neighbors' Motion for Site Preservation and to Preclude Spoliation of Evidence on Site A, 05/06/20
Applicants' Motion for Protective Order for Phase I Environmental Site Assessment, 07/16/20
Applicants' Motion to Strike R. Bruce Hunter, MAI Pre-filed Testimony submitted by Bald Hill Road Neighbors, 7/20/20
Applicants' Response to Bald Hill Road Neighbors' Objection to the Protective Order and Non-Disclosure Agreement and Motion to Implead, 08/06/20
Applicants' Motion to Strike the Testimony of Robert Todd Powell and Paul Elconin submitted by Planned Development Alliance and the Testimony of Marleen Donnenfeld submitted by South Spectacle Lakeside Residents, 08/31/20
Post Hearing Brief and Draft Findings of Fact
Applicants' Post-Hearing Brief, 10/22/20
GROUPED INTERVENOR/CEPA INTERVENOR - Planned Development Alliance of Northwest Connecticut, Inc. (PDA)
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Exhibits
PDA Application to Intervene Under CEPA §22a-19, §4-177a and §16-50n, 03/03/20
PDA Responses to Council Interrogatories, 05/11/20
PDA Pre-filed Testimony of Robert (Todd) Powell with attachments, 07/16/20
PDA Powell Exhibit A - Bald Hill Dockview Photograph
PDA Powell Exhibit A1 - Bald Hill Natural Dock Photograph
PDA Powell Exhibit B - Bald Hill Natural Road Photograph
PDA Powell Exhibit C - Richards Road Photograph
PDA Powell Exhibit C1 - Richard Road Natural Photograph
PDA Powell Exhibit D - Richard Road Natural Dock Photograph
PDA Powell Exhibit E - Richards Road Balloon View Photograph
PDA Powell Exhibit F - Richard Road Balloon Float Photograph
PDA Powell Exhibit G - Waramaug Lake Balloon Float Photograph
PDA Pre-filed Testimony of Connie Manes, Kent Land Trust Letter to the Council, 07/11/20
PDA Pre-filed Testimony of Connie Manes,Kent Land Trust, 07/15/20
PDA Pre-filed Testimony and Affidavit of Paul Elconin, 07/15/20
PDA Affidavit of David P. Maxson, WCP, 07/15/20
PDA Pre-filed Testimony of David P. Maxson, WCP with attached Isotrope Coverage Analysis, 7/16/20
PDA Late-Filed Exhibits with attachments, 08/27/20
Exhibit A and B - Balloon Float and Photo Locations
Exhibit C - Photo Locations Chart
Exhibit D - Microwave Mohawk Mountain at 50 ft. to Richards Rd Chart
Exhibit E - Microwave Mohawk Mountain to Bald Hill Chart
Exhibit F - Microwave New Milford at 106 ft. to Richards Road
Exhibit G - Isotrope Memorandum Regarding Chilmark
Correspondence
PDA Response to Council Memorandum, 03/27/20
PDA Interrogatories to Applicants, 04/07/20
PDA Response to Applicants' Objection to Bald Hill Neighbors' Motion to Preserve Evidence, 05/15/20
PDA Witness and Exhibit List, 07/16/20
Motions and Objections
Joint Motion for In-Service Hearing and Site Inspection, 06/16/20
PDA Motion to Strike Testimony of Applicants' Counsel, 08/03/20
PDA and SSLR Objection to Motion to Strike Testimony, 08/31/20
Post Hearing Brief and Draft Findings of Fact
PDA, SRA, and Lakeside Proposed Findings of Fact and Post Hearing Brief, 10/22/20
PARTY/CEPA INTERVENOR - Bald Hill Road Neighbors (BHRN)
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Exhibits
BHRN Request for Party/Intervenor and CEPA Intervenor Status, 03/20/20
BHRN Request to Add a Party and CEPA Intervenor, 04/02/20
BHRN Responses to Council Interrogatories, 05/07/20
BHRN Responses to Applicants' Interrogatories, 05/08/20
BHRN Testimony of Peter Fitzpatrick, 07/16/20
Fitzpatrick Testimony Exhibit A
Fitzpatrick Testimony Exhibit B
BHRN Testimony of R. Bruce Hunter, 07/16/20
Hunter Testimony Exhibit A - Cell Tower Neighborhood Impact Report
Hunter Testimony Exhibit A Attachment 1 - The Effect of Distance to Cell Phone Towers on House Prices in Florida Article
Hunter Testimony Exhibit A Attachment 2 - The Impact of Cell Phone Towers on House Prices in Residential Neighborhoods Article
Hunter Testimony Exhibit B - Firehouse Web Story
Correspondence
BHRN Response to Council Memorandum, 03/27/20
BHRN Interrogatories to Applicants, Set One, 04/17/20
BHRN Interrogatories to Applicants - Exhibit 1 - Site A Photos
BHRN Interrogatories to Applicants, Set Two, 07/02/20
BHRN Disclosure of Witnesses, 07/16/20
BHRN Freedom of Information Act (FOIA) Request for a copy of the unredacted Phase 1 Environmental Site Assessment for Proposed Site A (Bald Hill Road, Kent), 07/30/20
BHRN Submission of the Nondisclosure Agreement and Protective Order by the Attorneys for the BHRN, Under Protest and Exception, 08/27/20
Motions and Objections
BHRN Motion for Site Preservation and to Preclude Spoliation of Evidence on Site A, 04/27/20
BHRN Response to Applicants' Objection to Bald Hill Road Neighbors' Motion, 05/08/20
BHRN Joint Motion for In-Person Hearing and Site Inspection, 06/16/20
BHRN Objection to Applicants' Motion for Protective Order and Bald Hill Road Neighbors' Motion to Compel, 07/17/20
BHRN Objection to Applicants' Motion to Strike Testimony, 07/21/20
BHRN Objection to Protective Order and Non-Disclosure Agreement and Motion to Implead a Necessary and Indispensible Party, 07/28/20
BHRN Response to Council FOIA Denial and Motion to Amend Non-Disclosure Agreement, 07/31/20
BHRN Response to Applicants' Filing of August 6, 2020, 08/10/2020
BHRN Motion for Advice and Procedural Clarification, 10/05/20
Post Hearing Brief and Draft Findings of Fact
BHRN Redacted Post-Hearing Brief and Proposed Findings of Fact, 10/22/20
BHRN Unredacted Post-Hearing Brief and Proposed Findings of Fact, 10/22/20 (Subject to Protective Order)
BHRN Proposed Revisions to Draft Findings of Fact, 11/25/20
PARTY/CEPA INTERVENOR - Town of Kent
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Exhibits
Town of Kent Request for Party and CEPA Intervenor Status, 04/24/20
Town of Kent Jean Conlon Speck, First Selectman, Pre-filed Testimony, 07/16/20
Town of Kent Matthew Winter, Chairman, Town of Kent Planning and Zoning Commission, Pre-filed Testimony, 07/16/20
Town of Kent Connie A. Manes, Chair, Kent Conservation Commission, Pre-filed Testimony, 07/16/20
Correspondence
Notice of Appearance for the Town of Kent, 05/14/20
Town of Kent Interrogatories to the Applicants, 06/16/20
Town of Kent Witness and Exhibit List, 07/16/20
Town of Kent Hearing Information, 08/27/20
Motions and Objections
Joint Motion for In-Person Hearing and Site Inspection, 06/16/20
Post Hearing Brief and Draft Findings of Fact
Town of Kent Post-Hearing Brief, 10/22/20
Town of Kent Exceptions to Draft Findings of Fact, 11/25/20
GROUPED INTERVENOR/CEPA INTERVENOR - Spectacle Ridge Association, Inc. (SRA)
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Exhibits
SRA Request for Intervenor and CEPA Intervenor Status, 07/16/20
Correspondence
SRA Witness and Exhibit List, 07/16/20
Motions and Objections
Post Hearing Brief and Draft Findings of Fact
PDA, SRA, and Lakeside Post-Hearing Brief and Proposed Findings of Fact, 10/22/20
GROUPED INTERVENOR/CEPA INTERVENOR - South Spectacle Lakeside Residents (Lakeside)
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Exhibits
Lakeside Request for Intervenor and CEPA Intervenor Status, 07/16/20
Lakeside Affidavit of Marleen Donnenfeld, 07/15/20
Correspondence
Lakeside Witness and Exhibit List, 07/16/20
Motions and Objections
Post Hearing Brief and Draft Findings of Fact
PDA, SRA, and Lakeside Post-Hearing Brief and Proposed Findings of Fact, 10/22/20
COUNCIL'S DRAFT FINDINGS OF FACT
Council's Draft Findings of Fact, 11/20/20
FINAL DECISION
Council's Final Decision Documents, 12/07/20
DEVELOPMENT AND MANAGEMENT PLAN (D&M Plan)
D&M Plan, 06/15/21
D&M Plan Schedule, 06/25/21
Council Decision Development and Management Plan, 07/20/21
D&M Plan Decision Conditions 1 through 3, 08/18/21
Council Acknowledgment of D&M Plan Conditions, 08/30/21