DOCKET NO. 509 - Homeland Towers, LLC and New Cingular Wireless PCS, LLC d/b/a AT&T application for a Certificate of Environmental Compatibility and Public Need for the construction, maintenance, and operation of a telecommunications facility located at 1837 Ponus Ridge Road, New Canaan, Connecticut.
APPLICATION (recd. 04/13/22)
Cover Letter, 04/12/22
Narrative
List of attachments
1. AT&T’s Statement of Radio Frequency (RF) Need with Coverage Plots
2. Summary of Site Search and List of Existing Tower/Cell Sites
3. General Facility Description, Site Evaluation Report, Site Impact Statement, Tree Inventory, List of Residential Buildings within 1,000’
4. Aerial Map, Topographical Map, Drawings, FAA 1-A Survey Certification, FAA Determination of No Hazard to Air Navigation
5-6. (5)Environmental Assessment Statement (6)Wetland Inspection and Avian Resources Evaluation
7. Power Density Analysis
8. Visibility Analysis
9. State Historic Preservation Office (SHPO) Consultation; USFWS & NDDB Compliance Report; and CT Department of Energy and Environmental Protection (DEEP) Correspondence
10. Materials related to municipal consultation
11. Text of legal notice published in the Stamford Advocate; Notice to Abutting Landowners; List of Abutting Landowners; Certification of Service of Notice
12. Certification of Service of Application on Federal, State and Municipal Agencies
13. Connecticut Siting Council Application Guide
Bulk:
New Canaan 2014 Plan of Conservation
Town of New Canaan Zoning Regulations
Town of New Canaan Zoning Map
Town of New Canaan Inland Wetlands and Watercourses Regulations
Technical Report
Wireless Market Study of the Town of New Canaan
New Canaan Cell Phone Survey Results through October 25, 2012
PROCEDURAL CORRESPONDENCE
Council Letter to Town of New Canaan, 04/18/22
Council Letter to City of Stamford, 04/18/22
Council Acknowledgement of Verizon Request for Intervenor Status, 04/18/22
Council Acknowledgement of Mark and Jamie Buschmann, Trustees, Request for Party Status and Mark Buschmann Request for CEPA Intervenor Status,05/09/22
Council Acknowledgement of New Canaan Neighbors' Request for Party/CEPA Intervenor Status, 05/12/22
Council Decision on Verizon Request for Intervenor Status, 05/12/22
Council Completeness Review, 05/12/22
Council Interrogatories to Applicants, Set One, 05/13/22
Council Interrogatories to Verizon, Set One, 05/13/22
Council Decision on Motion for Protective Order, 05/27/22
Council Decision on Buschmanns' Requests for Party/CEPA Intervenor Status, 05/27/22
Council Decision on New Canaan Neighbors' Request for Party/CEPA Intervenor Status, 05/27/22
Council Interrogatories to Mark Buschmann, Set One, 06/09/22
Council Interrogatories to New Canaan Neighbors, Set One, 06/09/22
Council Interrogatories to Verizon, Set Two, 06/09/22
Council Decision on Buschmann Motion to Dismiss/Motion for Stay of Proceeding, 06/23/22
Council Request for an Extension of Time to Render a Final Decision, 06/29/22
Council Memorandum Regarding Late Filed Exhibit and Motion Decision, 09/09/22
Council Memorandum Regarding Late-Filed Exhibit/Request for Comments, 09/15/22
Council Memorandum - Close of Record and Decision on the Buschmann's Request, 09/29/22
STATE AGENCY COMMENTS
Department of Public Health Comments, 06/01/22
Council on Environmental Quality Comments, 06/27/22
Supplemental Council on Environmental Quality Comments, 08/09/22
MUNICIPAL COMMENTS
New Canaan Planning and Zoning Commission Comments, 04/22/22
New Canaan First Selectman Comments, 10/26/22
TELECOMMUNICATIONS CARRIER CORRESPONDENCE
HEARING INFORMATION
June 28, 2022 Hearing Documents
1. Instruction for Public Access to Remote Public Hearing
2. Public Hearing Notice
3. Hearing Program
4. Citizens Guide to Siting Council Procedures; and
5. Proposed Facility Site Plan
Hearing Procedure Memorandum and Pre-Hearing Conference, 06/01/22
Remote Public Hearing Recording, 06/28/22 (Passcode Y9CBD@79 )
Council Memorandum Regarding Motions, Continuation of the Evidentiary Hearing Session on July 14, 2022 and Late-Filed Exhibits, 06/29/22
1. Instructions for Access to the July 14, 2022 Evidentiary Hearing Session
2. Hearing Program
Remote Public Hearing Recording, 07/14/22 (Passcode 9F7sfNT? )
Council Memorandum Regarding Motions, Continuation of the Evidentiary Hearing Session on August 16, 2022 and Late-Filed Exhibits, 07/15/2022
1. Instruction for Access to the August 16, 2022 Evidentiary Hearing Session
2. Hearing Program
Zoom Remote Public Hearing Recording, 08/16/22 (Passcode vG6R!3s$ )
Council Memorandum Regarding the Continuation of the Evidentiary Hearing Session on September 8, 2022 and Late-Filed Exhibits, 08/17/22
Council Memorandum Regarding Change in Start Time of the September 8, 2022 Evidentiary Hearing Session, 08/22/22
1. Instructions for Access to the September 8, 2022 Evidentiary Hearing Session
2. Hearing Program
Zoom Remote Public Hearing Recording, 09/08/22 (Passcode ay5.q=Fh )
Schedules
Schedule, 04/18/22
Schedule, 05/12/22
Schedule, 05/18/22
Schedule, 06/29/22
Schedule, 07/15/22
Schedule, 08/17/22
Schedule, 08/22/22
Schedule, 09/09/22
Schedule, 09/29/22
Service Lists
Service List, 04/18/22
Service List, 05/12/22
Service List, 05/26/22
Service List, 09/23/22
Hearing Program
Hearing Program, 06/28/22
Hearing Program, 07/14/22
Hearing Program, 08/16/22
Hearing Program, 09/08/22
Transcripts
Hearing Transcript 2 p.m., 06/28/22
Public Session Transcript 6:30 p.m., 06/28/22
Council Transcript Memorandum, 07/11/22
Continued Evidentiary Hearing Transcript, 07/14/22
Council Transcript Memorandum, 08/01/22
Continued Evidentiary Hearing Transcript 2 p.m., 08/16/22
Council Transcript Memorandum, 08/31/22
Continued Evidentiary Hearing Transcript 1 p.m., 09/08/22
Council Transcript Memorandum, 09/26/22
PARTIES AND INTERVENORS
APPLICANTS - Homeland Towers, LLC and New Cingular Wireless PCS, LLC
Exhibits
Applicants' Affidavit of Publication, 05/05/22
Signed Protective Order, 05/26/22
Applicants' Responses to Council Interrogatories, Set One, 06/02/22
Applicants' Sign Posting Affidavit, 06/13/22
Applicants' Supplemental Submission, 06/21/22
Applicants' Responses to Buschmann Interrogatories, 06/21/22
Applicants' Responses to NCN Interrogatories, 06/21/22
Resume of Eric Fine, received 6/21/22
Applicants' Submission of Revised Site Plans, 06/24/22
Applicants' Late-Filed Exhibits, 07/07/22
Applicants' Late-Filed Exhibits, 08/08/22
Applicants' Supplemental Submission, 08/08/22
Applicants' Response to NCN Interrogatory No. 14, 08/08/22
Applicants' Supplemental Submission, 08/31/22
Resume of Rachelle M. Lewis, received 09/06/22
Supplemental Submission in Response to Council's September 8, 2022 Hearing Request, 09/15/22
Correspondence
Applicants' Pre-Hearing Submission, 06/21/22
Applicants' Response to Council's Request for an Extension of Time to Render a Final Decision, 06/30/22
Applicants' Interrogatories to the Buschmann's, 06/30/22
Applicants' Interrogatories to NCN, 06/30/22
Applicants' Updated Witness and Exhibit List, 07/07/22
Applicants' Updated Witness and Exhibit List and Request for Administrative Notice, 08/08/22
Applicants' Request for a Change in September 8, 2022 Evidentiary Hearing Start Time, 08/22/22
Applicants' Updated Witness and Exhibit List, 09/01/22
Applicants' Service List Change, 09/23/22
Status Update, 01/17/23
Motions and Objections
Motion for Protective Order, 05/06/22
Applicants' Response to Buschmann's Motion to Dismiss/Motion for Stay of Proceeding, 06/15/22
Applicants' Response to NCN Motion to Compel, 06/24/22
Applicants' Response to Buschmanns' Motion to Strike Public Comments, 07/11/22
Applicants' Response to NCN Motion to Strike, 09/06/22
Post Hearing Brief and Draft Findings of Fact
Applicants' Post Hearing Brief, 10/27/22
INTERVENOR - Cellco Partnership d/b/a Verizon Wireless (Verizon)
Exhibits
Verizon Petition to Intervene, 04/14/22
Verizon Responses to Council Interrogatories, Set One, 6/02/22
Verizon Responses to Council Interrogatories, Set Two, 06/13/22
Correspondence
Verizon List of Witnesses and Exhibits, 06/21/22
Verizon Revised Pre-Hearing Submission, 08/15/22
Verizon Response to Request for Change in Start Time for September 8, 2022 Evidentiary Hearing, 08/20/22
Verizon Updated Pre-Hearing Submission, 08/25/22
Verizon Pre-Hearing Submission, 09/29/22
Motions and Objections
GROUPED PARTIES/CEPA INTERVENOR - Mark and Jamie Buschmann, Trustees and Mark Buschmann
Exhibits
Mark Buschmann, Trustee Request for Party Status, 05/06/22
Jamie Buschmann, Trustee Request for Party Status, 05/06/22
Mark Buschmann, Request for CEPA Intervenor Status, 05/09/22
Letter from Attorney David F. Sherwood to Attorney Joseph J. Rucci, Jr. regarding Access to 1837 Ponus Ridge Road, New Canaan, 06/14/22
Buschmann Responses to Council Interrogatories, Set One, 06/21/22
Pre-Filed Testimony of Buschmann Witnesses and Attachments, 06/21/22
Pre-Filed Testimony of Guy A. Hesketh and Attachments, 07/05/22
Buschmann Responses to Applicants' Interrogatories, 07/06/22
CEPA INTERVENOR - Mark Buschmann
Correspondence
David F. Sherwood, Esq. Appearance, 05/06/22
Mark Buschmann, Trustee Pre-Hearing Interrogatories to Applicant, 06/14/22
Mark Buschmann, Trustee, Jamie Buschmann, Trustee, and Mark Buschmann Witness List, 06/21/22
Mark Buschmann, Trustee, Jamie Buschmann, Trustee, and Mark Buschmann Administrative Notice List, 06/21/22
Mark Buschmann, Trustee, Jamie Buschmann, Trustee, and Mark Buschmann Exhibit List, 06/21/22
Mark Buschmann, Trustee, Jamie Buschmann, Trustee, and Mark Buschmann Supplemental Administrative Notice List, 06/27/22
Mark Buschmann, Trustee, Jamie Buschmann, Trustee, and Mark Buschmann Supplemental Witness List, 07/06/22
Mark Buschmann, Trustee, Jamie Buschmann, Trustee, and Mark Buschmann Supplemental Administrative Notice List, 07/12/22
Buschmanns' Availability of Witness Correspondence, 08/04/22
Buschmanns' Request for Supplemental Administrative Notice, 08/08/22
Buschmanns' Supplement Administrative Notice Submission, 08/11/22
Buschmanns' Response to Request for Change in Start Time for September 8, 2022 Evidentiary Hearing, 08/18/22
Buschmanns' Revised Witness List, 08/26/22
Buschmanns' Supplemental Administrative Notice Submission, 09/02/22
Buschmanns' Response to Council September 15, 2022 Memorandum, 09/21/22
Motions and Objections
Mark Buschmann, Trustee and Mark Buschmann Motion to Dismiss/Motion for Stay of Proceeding, 05/31/22
Mark Buschmann, Trustee and Mark Buschmann Motion for Site Inspection, 06/14/22
Mark Buschmann, Trustee and Mark Buschmann Reply to Applicants' Response to Motion to Dismiss/Motion for Stay of Proceeding, 06/16/22
Mark Buschmann, Trustee Motion to Compel, 06/27/22
Mark Buschmann, Trustee, Jamie Buschmann, Trustee, and Mark Buschmann Motion in Limine, 06/27/22
Mark Buschmann, Trustee, Jamie Buschmann, Trustee, and Mark Buschmann Motion to Strike, 07/06/22
Post Hearing Brief and Draft Findings of Fact
Buschmann Post Hearing Brief, 10/26/22
Buschmann Proposed Findings of Fact, 10/26/22
PARTY/CEPA INTERVENOR - New Canaan Neighbors (NCN)
Exhibits
NCN Request for Party/CEPA Intervenor Status, 05/09/22
NCN Response to Council Interrogatories, Set One, 06/20/22
NCN Supplemental Response to Council Interrogatory No. 7, 06/23/22
NCN Responses to Applicants' Interrogatories with attachments, 07/08/22
Correspondence
NCN Interrogatories to Applicant, Set One, 06/14/22
NCN Request for Administrative Notice, 06/20/22
NCN Supplemental Request for Administrative Notice, 06/26/22
NCN Second Supplemental Request for Administrative Notice, 07/08/22
NCN Third Supplemental Request for Administrative Notice, 08/09/22
NCN Response to Request for Change in Start Time for September 8, 2022 Evidentiary Hearing, 08/18/22
NCN Fourth Supplemental Request for Administrative Notice, 08/31/22
Motions and Objections
NCN Motion to Compel Applicant Responses to Interrogatories, 06/23/22
NCN Reply to Applicants' Response to Motion to Compel, 06/25/22
NCN Motion to Strike, 08/31/22
Post Hearing Brief and Draft Findings of Fact
NCN Post Hearing Brief, 10/27/22
NCN Proposed Findings of Fact, 10/27/22
COUNCIL'S DRAFT FINDINGS OF FACT
Council's Draft Findings of Fact Memorandum, 11/10/22
Buschmanns' Comments on Council's Draft Findings of Fact, 11/15/22
NCN Comments on Council's Draft Findings of Fact, 11/17/22
Applicants' Comments on Council's Draft Findings of Fact, 11/17/22
FINAL DECISION
Council's Final Decision Documents, 12/09/22
DEVELOPMENT AND MANAGEMENT PLAN (D&M Plan)
D&M Plan, 09/18/23
D&M Plan Schedule, 09/18/23
Council D&M Plan Interrogatories, Set One, 09/29/23
D&M Plan Schedule, 09/29/23
Responses to D&M Plan Interrogatories, Set One, 10/05/23
Buschmann Comments on D&M Plan, 10/12/23
AT&T's Certification Letter, 08/28/23
Verizon's Certification Letter, 09/21/23
Council's D&M Plan Decision and Staff Report, 11/13/23
Request for Extension 04/03/24
Council Extension Decision, 04/04/24
COURT-ORDERED REMAND REGARDING COUNCIL MEMBERSHIP