In order to prevent the spread of Coronavirus and protect the health and safety of our members and staff, as of March 18, 2020, the Connecticut Siting Council has converted to full remote operations until further notice. Please be advised that during this time period, all hard copy filing requirements will be waived in lieu of an electronic filing. However, the Council respectfully requests that one hard copy of any filing be mailed to the Council Office for our records.

Please be advised that pursuant to Governor Lamont’s Executive Order No. 9L, all statutory and regulatory administrative time requirements and deadlines under the Uniform Administrative Procedure Act, the Public Utility Environmental Standards Act and the Regulations of Connecticut State Agencies, including, but not limited to, final decision deadlines and any other time limitations for applications, petitions, Development & Management Plans, requests for tower sharing and requests for exempt modifications shall be extended for a period not to exceed 90 days.

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 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
Pre-Hearing Conference Memorandum, 06/10/20

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

Remote Hearing Procedure Memorandum, 06/17/20
Zoom Remote Public Hearing Recording, 07/23/20 ( Passcode:    .Eri$1nw)
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  ( Passcode: @S815b1B )
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) (Passcode:  KUYt!3GI )
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 (Passcode:  L$54c7$i  )


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
August 11, 2020 Hearing Program
September 3, 2020 Hearing Program
September 22, 2020 Hearing Program

 

Transcripts
Hearing Transcript 2 p.m., 07/23/20
Hearing Transcript 6:30 p.m., 07/23/20
Hearing Transcript Memorandum, 07/29/20
Hearing Transcript, 08/11/20
Hearing Transcript Memorandum, 08/18/20
Hearing Transcript 4 p.m., 09/03/20
Hearing Transcript Memorandum, 09/10/20
Hearing Transcript, 9/22/20
Hearing Transcript 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
Applicants' Responses to Planned Development Alliance of Northwest Connecticut, Inc., Set One, dated May 15, 2020
Applicants' Responses to Bald Hill Road Neighbors', Set One, dated May 15, 2020
Supplemental Submission dated July 16, 2020
Responses to Siting Council Interrogatories, Set Two, dated July 16, 2020
Responses to Town of Kent Interrogatories, Set One, dated July 16, 2020
Responses to Bald Hill Neighbors Interrogatories, Set Two, dated July 16, 2020
Affidavit of Sign Posting dated July 16, 2020
Signed Protective Order for Phase I Environmental Site Assessment, 07/23/20
Pre-filed Testimony of Dan Stebbins, 08/04/20
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
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
Council Decision on Motion for Protective Order, 04/24/20
Signed Protective Order, 04/23/20
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  Protective Order
Applicants Motion to Strike R. Bruce Hunter, MAI Pre-filed Testimony submitted by Bald Hill Road Neighbors, 7/20/20
Signed Protective Order for Phase I Environmental Site Assessment, 07/23/20
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

 

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, Set One, 05/11/20
PDA Pre-filed Testimony of Robert (Todd) Powell,  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
PDA Affidavit of Paul Elconin, 07/15/20
PDA Affidavit of David P. Maxson, WCP, 07/15/20
PDA Maxson Affidavit - Attachment - Isotrope Wireless Report on Analysis of Proposed Cell Tower at Bald Hill Road, Kent, 7/16/20
PDA Late-Filed Testimony, 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 Conclusions of Law, 10/22/20 

PARTY AND CEPA INTERVENOR STATUS - Bald Hill Neighbors
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Exhibits
Bald Hill Road Neighbors’ Request for Party/Intervenor and CEPA Intervenor Status, dated March 20, 2020 
Bald Hill Road Neighbors' Request to Add a Party and CEPA Intervenor, 04/02/20 
Bald Hill Road Neighbors' Responses to Council Interrogatories, 05/07/20
Bald Hill Road Neighbors' Responses to Applicants' Interrogatories, 05/08/20
Bald Hill Road Neighbors' Testimony of Peter Fitzpatrick, 07/16/20 
Fitzpatrick Testimony Exhibit A   
Fitzpatrick Testimony Exhibit B
Bald Hill Road Neighbors' 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
Bald Hill Road Neighbors' Response to Council Memorandum, 03/27/20 
Bald Hill Road Neighbors' Interrogatories to Applicants, Set One,  04/17/20
Bald Hill Road Neighbors' Interrogatories to Applicants - Exhibit 1 - Site A Photos
Bald Hill Road Neighbors' Interrogatories to Applicants, Set Two, 07/02/20
Bald Hill Road Neighbors' Disclosure of Witnesses, 07/16/20
Freedom of Information Act Request for a copy of the Phase 1 Environmental Site Assessment for Proposed Site A (Bald Hill Road, Kent), 07/30/20
Bald Hill Road Neighbors' Submission of the Nondisclosure Agreement and Protective Order by the Attorneys for the Bald Hill Road Neighbors, Under Protest and Exception, 08/27/20

Motions and Objections
Bald Hill Road Neighbors' Motion for Site Preservation and to Preclude Spoliation of Evidence on Site A, 04/27/20
Bald Hill Road Neighbors' Response to Applicants' Objection to Bald Hill Road Neighbors' Motion, 05/08/20
Joint Motion for In-Person Hearing and Site Inspection, 06/16/20
Objection to Applicants' Motion for Protective Order and Bald Hill Road Neighbors' Motion to Compel, 07/17/20
Bald Hill Road Neighbors' Objection to Applicants' Motion to Strike Testimony, 07/21/20
Bald Hill Road Neighbors' Objection to Protective Order and Non-Disclosure Agreement and Motion to Implead a Necessary and Indispensible Party, 07/28/20
Bald Hill Road Neighbors' Response to Council FOIA Denial and Motion to Amend Non-Disclosure Agreement, 07/31/20
Bald Hill Road Neighbors' Response to Applicants' Filing of August 6, 2020, 08/10/2020
Bald Hill Road Neighbors' Motion for Advice and Procedural Clarification, 10/05/20

Post Hearing Brief and Draft Findings of Fact
Bald Hill Road Neighbors' Redacted Post-Hearing Proposed Findings of Fact and Conclusion of Law, 10/22/20

 

PARTY AND CEPA INTERVENOR STATUS - 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

 

INTERVENOR AND CEPA INTERVENOR STATUS - 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 Proposed Findings of Fact and Conclusions of Law, 10/22/20 

INTERVENOR AND CEPA INTERVENOR STATUS - 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 Proposed Findings of Fact and Conclusions of Law, 10/22/20 

 

COUNCIL'S DRAFT FINDINGS OF FACT
Council's Draft Findings of Fact, 11/20/20
Town of Kent Exceptions to Draft Findings of Fact, 11/25/20
Bald Hill Road Neighbors' Proposed Revisions to Draft Findings of Fact, 11/25/20


FINAL DECISION
Final Decision, 12/7/20