Opinion

On April 25, 2002, Stoddard Avenue, Inc. (Stoddard), a New York corporation, applied to the Connecticut Siting Council (Council) for a Certificate of Environmental Compatibility and Public Need (Certificate) for the construction, maintenance and operation of a wireless telecommunications facility to be located on property formerly known as 99-87 Stoddard Avenue and, at the time of application, known as 87 Stoddard Avenue/40 Leonardo Drive in the Town of North Haven, Connecticut. The primary purpose of the proposed facility is to provide wireless telecommunications coverage to existing gaps within an area approximately bounded by I-91 to the east, Route 40 to the south, Route 15 to the west, and Route 22 to the north. The applicant and AT&T Wireless, Inc. (AT&T) are parties and intervenors in this proceeding.

The proposed facility would consist of a 180-foot monopole capable of supporting the antennas of six wireless communications providers. The site for the proposed facility is level and cleared and has a gravel surface. No trees would have to be removed for its development. Access to the proposed facility would be from an existing driveway. No wetlands were identified within the proposed lease. The proposed site does not contain known extant populations of federal or state Endangered, Threatened or Special Concern Species; nor would the proposed construction affect the state's archaeological heritage. Furthermore, there are no sites listed on the National Register of Historic Places or any National Historic districts in the vicinity of the proposed site.

The monopole of the proposed facility would be engineered and built with its weakest point approximately 35 feet from the top of the pole. The purpose for this design is that, in case of a structural failure, only the top 35 feet of the pole would collapse and its fall would be contained within a fall zone completely on the lease holder’s property.

The proposed site is located within an industrial area. It would be visible from portions of I-91 to the east, the Route 40 limited access connector highway to the south, Elm Street and Trumbull Place to the east, State Street and Dixwell Avenue to the west, and the Avalon Haven and Briarwood Hill Apartments to the west.

Electromagnetic radio frequency power density levels are a concern of the Council. However, the 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 tower be brought into compliance with such standards. The Council will require that the power densities be remodeled in the event other carriers add antennas to this tower.

Based on the record in this proceeding, we find that the effects associated with the construction, operation, and maintenance of the telecommunications facility at the proposed 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 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, we will issue a Certificate for the construction, operation, and maintenance of a telecommunications facility at the proposed prime site located at 87 Stoddard Avenue/40 Leonardo Drive, North Haven, Connecticut.

The Council will order that utilities be installed underground, and that if the tower ceases to provide wireless service, the Certificate Holder shall dismantle the tower and remove the associated equipment within 60 days or reapply for any continued or new use by the Council.

Our decision will be conditioned upon the Certificate Holder submitting a Development and Management Plan for approval by the Council prior to commencement of any construction at the facility site.