Due to the personally identifying information contained in written limited appearance statements from the public, any written limited appearance statements that are received by the Council for any matter are available to be viewed at the Council’s office Monday through Friday from 8:30 a.m. to 4:30 p.m. or available to be sent via e-mail upon request. Please allow adequate time for processing.

Long Island Sound Resource and Use Inventory/Long Island Sound Blue Plan Survey

DOCKET NO. 209 - Wireless Solutions, LLC application for a Certificate of Environmental Compatibility and Public Need for the construction, maintenance, and operation of a cellular telecommunication facility at one of two locations at 72 Boggy Hole Road, Old Lyme, Connecticut.  }

}

}

Connecticut
Siting
Council
December 11, 2001
Opinion

On August 14, 2001, Wireless Solutions, LLC in accordance with provisions of Connecticut General Statutes (C.G.S.) §§ 16-50g through 16-50aa 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 in Old Lyme, Connecticut, to provide wireless telecommunications services within the Town of Old Lyme and New London County.  The applicant, SNET Mobility, LLC (SNET), AT&T Wireless, Inc. (AT&T), the Town of Old Lyme Zoning Commission, Nextel Communications of the Mid-Altantic (Nextel), and VoiceStream Wireless Corporation (VoiceStream) are parties and intervenors in this proceeding.

The primary purpose of the proposed facility is to provide wireless telecommunications coverage to existing gaps in coverage along Interstate 95 (I-95), Route 1, and local roads in the Old Lyme area; and to provide call handling capacity in the Old Lyme area.

On September 12, 2001, the Council issued a Certificate to Crown Atlantic Company LLC and Cellco Partnership d/b/a Verizon Wireless for the construction, maintenance, and operation of a cellular telecommunications facility located at 125 Mile Creek Road in Old Lyme.  The Council identified a coverage gap located along I-95 west of the facility at 125 Mile Creek Road that could prevent the successful hand-off of a call between existing sites in Old Saybrook and Old Lyme, even if a telecommunications facility was developed at 125 Mile Creek Road.  Consequently, the proposed facility in this proceeding would provide coverage to those portions of I-95 that would not otherwise be served by existing and approved facilities in the area.

The proposed prime and alternate sites would be located approximately 500 feet apart on an approximately 30-acre parcel, at 72 Boggy Hole Road, Old Lyme.  The parcel is owned by Michael Sanders, and contains a single home and an approximately 1,700 foot long gravel driveway.

The proposed prime site would be located north of and adjacent to the property line for I-95, and approximately 150 feet north of the southbound travel lanes.  Although both proposed sites are remote from residents in the area, the proposed prime site would be more visible than the proposed alternate site because of its proximity to I-95.  Furthermore, development of the interstate highway system from four lanes to six lanes may require an expansion onto the lessor's property.  Therefore, we will direct the applicant to construct a tower at the proposed alternate site.

The proposed alternate site would be located approximately 100 feet from the nearest property boundary.  The tower radius of the proposed 195-foot tall tower at the proposed alternate site would encroach upon the property located to the north by approximately 50 feet.  Relocating the proposed tower to the southeast would maintain the same elevation as the proposed alternate site and ensure that the tower radius remains on the proposed lessor's property.  Therefore, the Council will order the relocation of the proposed alternate site compound and tower.

The applicant seeks to develop a 195-foot tower on either the proposed prime or alternate site.  The purpose of a 195-foot tower would be to accommodate VoiceStream, SNET, AT&T, Nextel, and other wireless telecommunications providers and public safety entities.  The Council has carefully analyzed the record in this proceeding and finds a technical need for a new tower based on a detailed analysis of propagation, capacity, signal strength, and facility sharing; however, all of the telecommunications providers in this proceeding would be able to achieve their coverage objectives from the proposed alternate site tower at or below a height of 175 feet above ground level.  The wireless telecommunications providers in this proceeding seek to place their antennas at the same height on either the proposed prime or alternate site tower; however, the modeling supports the fact that the antennas for all of the wireless telecommunications providers can be reduced in height by 20 feet at the proposed alternate site because of its elevation and location.

Neither the proposed prime or alternate site contain known extant populations of Federal or State Endangered, Threatened or Special Concern Species; no wetlands or watercourses exist within the proposed compound or proposed access road at the proposed sites; nor would the proposed construction of the proposed prime or alternate site have an effect on historic, architectural, or archaeological resources listed on or eligible for the National Register of Historic Places.

Electromagnetic radio frequency power density levels are a concern of the Council.  However, the radio frequency power densities at the base of the proposed towers would be well below federal and State standards for the frequencies used by the wireless companies.  If federal or State standards change, we will require that this tower be brought into compliance with such standards.

The Town of Old Lyme prefers that a monopole be constructed instead of the proposed lattice tower.  The Town of Old Lyme had also requested that unused or obsolete equipment be removed from telecommunications towers, and indicated a preference for a single equipment building with suitable architectural treatment and landscaping in a telecommunications facility proceeding earlier this year.  These are reasonable requests that the Council will order.

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 alternate 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 alternate site located at 72 Boggy Hole Road, Old Lyme, Connecticut.  The Council will deny certification of the proposed prime site.

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.