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 site in Southbury, 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 James E. Dwyer Co., Inc. for the construction, maintenance and operation of a cellular telecommunications facility at the proposed prime site located at 459 Burr Road, Southbury, Connecticut.

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. Tower construction shall be contingent upon the Certificate Holder obtaining an executed lease agreement from a private telecommunications carrier who must petition the Council for a Declaratory Ruling that no Certificate of Environmental Compatibility and Public Need is required to locate at the facility. In the petition review process, the Council will review the carrier’s coverage objectives and antenna height justification and will make a determination on the tower height needed for this facility.  However, the tower shall not exceed a height 150 feet above ground level including antennas and appurtenances.  The tower shall be constructed as a monopole.

2. The Certificate Holder shall prepare a 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, placement of carrier antennas, tower height, provisions for tower extension, equipment buildings, 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; landscaping and provisions to protect the existing vegetative buffer that would extend around the facility compound; a 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. The Certificate Holder shall, prior to the commencement of operation, provide the Council worst-case modeling of electromagnetic radio frequency power density of all proposed entities’ antennas at the closest point of uncontrolled access to the tower base, consistent with Federal Communications Commission, Office of Engineering and Technology, Bulletin No. 65, August 1997.  The Certificate Holder shall provide a recalculated report of electromagnetic radio frequency power density if and when circumstances in operation cause a change in power density above the levels calculated and provided pursuant to this Decision and Order.

4. 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.

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 antenna becomes 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 and the site in operation as a telecommunications facility within one year of the effective date of this Decision and Order or within one year 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, New Haven Register, and Waterbury Republican-American.

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: