DOCKET NO. 248 - Tower Ventures II, LLC application for a Certificate of Environmental Compatibility and Public Need for the construction, maintenance and operation of a wireless telecommunications facility off of the Jonathan Trumbull Highway, Andover, Connecticut.

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Connecticut

Siting

Council

October 29, 2003

Decision and Order

Based on the record in this proceeding, we find that the cumulative effects associated with the construction, operation, and maintenance of proposed telecommunication facility at the Bunce Site, 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, and fish and wildlife are significant; are in conflict with the policies of the State concerning such effects; are not adequately balanced by the site specific need for the proposed facilities; and therefore are sufficient reason to deny certification of the proposed facility.

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 the decision published in The Hartford Courant, Rivereast News Bulletin, and the Journal Inquirer.

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:

Party

AT&T Wireless PCS, LLC

d/b/a AT&T Wireless

Its Representative

Christopher B. Fisher, Esq.

Cuddy & Feder LLP

90 Maple Avenue

White Plains, New York  10601

Applicant

Tower Ventures II, LLC

Its Representative

Julie Donaldson Kohler, Esq.

Hurwitz & Sagarin, LLC

147 N. Broad Street

Milford, CT  06460

Party

Town of Andover

Its Representative

First Selectman

Andover Town Office Building

17 School Road, P.O. Box 328

Andover, CT  06232-0328

Intervenor

Omnipoint Holdings, Inc.

d/b/a T-Mobile

Its Representative

Stephen J. Humes, Esq.

LeBoeuf, Lamb, Greene & MacRae

Goodwin Square

225 Asylum Street

Hartford, CT  06103