Opinion

On November 27, 2002, Sprint Spectrum L.P., d/b/a Sprint PCS (Sprint) applied to the Connecticut Siting Council (Council) for a Certificate of Environmental Compatibility and Public Need (Certificate) for the construction, operation, and maintenance of a wireless telecommunications facility at 186 Minortown Road or North Main Street in Woodbury, Connecticut. Site A is located at 186 Minortown Road, Woodbury and Site B is located on Main Street North, Woodbury. Anthony J. Vallillo was a party in the proceeding. AT&T Wireless Services, Inc. (AT&T) intervened in the proceeding and expressed a willingness to share the proposed telecommunications facility. The purpose of the proposed facility is to provide wireless telecommunications service to northern Woodbury in the vicinity of Route 6, Route 317, Route 47 and Route 132.

The public need for wireless telephone facilities has been determined both by the Federal Communications Commission (FCC) and the Federal Telecommunications Act of 1996 which has declared a general public need for wireless service, established a market structure for system development, and developed technical standards that have restricted the design of facilities. These pre-emptive determinations by the FCC have resulted in a system of numerous wireless telecommunications facilities in nearly all areas of the country. Connecticut State law directs the Council to balance the need for development of proposed cellular telecommunications facilities with the need to protect the environment, including public health and safety.

Proposed Site A consists of a 100-foot monopole within a 34.7-acre property, designated as an Open Space Residence zone (OS-60). Removal of 3 trees with diameters of six inches or greater at breast height would be required to construct the proposed site and access road. There are no residences within 1,000 feet of Site A. The nearest residence is approximately 1,300 feet to the west. A vernal pool is located approximately 300 feet to the west of Site A. A wetland follows the existing gravel access road that parallels and crosses a forested riparian system associated with Clark Brook.

Proposed Site B consists of an 80-foot monopole within a 56.29-acre parcel, designated as an Open Space Residential zone (OS-100). Removal of 18 trees with diameters of six inches or greater at breast height would be required to construct the proposed site and access road. There is one residence within 1,000 feet of Site B. The nearest residence is approximately 510 feet to the north. A forested riparian floodplain system associated with the Nonewaug River is approximately 350 feet to the southeast.

The visibility of the proposed Site A tower is expected to impact areas of Minortown Road and Cat Swamp Road. The visibility of the proposed Site B tower is expected to impact areas of Route 6, Bacon Pond Road, Middle Road Turnpike, Pleasant Street, Minortown Road and Flanders Road. The 100-foot tower proposed at Site A would have less visual impact than the 80-foot tower proposed at Site B. The Council will require that Sprint provide visual simulations of stealth options for the tower, including a tree, flagpole, and monopole in the Development and Management (D&M) Plan.

The proposed access to Site A is an upgraded 12-foot wide access road extending from Minortown Road along an existing driveway for 1,620 feet, then continuing to the site for an additional 40 feet. Sprint proposes to preserve and protect the existing culverts, which occur along the gravel road. Telephone and electrical utilities will be installed underground from an adjacent utility pole. The proposed access to Site B is an upgraded 12-foot wide access road extending over three properties, then continuing to the site for an additional 60 feet. Telephone and electrical utilities will run from a nearby utility pole above ground along approximately eight proposed utility poles then underground to the site. Access to Site A, although it is longer, will have less impact on the area than access to Site B.

Development of either of the proposed sites would not affect historic, architectural or archeological resources listed on or eligible for the National Register of Historic Places.

Radio frequency power density levels at the base of the proposed tower would be well below federal and state standards for the frequencies used by wireless companies. If federal or state standards change, the Council will require that the facility be brought into compliance with such standards. The Council will require that the power densities be remodeled in the event other carriers locate at this facility.

Based on the record in this proceeding, the Council finds that the effects associated with the construction, operation, and maintenance of the telecommunications facility at proposed Site A, 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 policies of the State concerning such effects, and are not sufficient reason to deny this application. Therefore, the Council will issue a Certificate for the construction, operation, and maintenance of a 100-foot telecommunications facility at 186 Minortown Road in Woodbury, Connecticut and deny certification of Site B. The Council will require that stealth options for the tower at Site A be included in the D&M Plan.