Decision and Order

Pursuant to the foregoing Findings of Fact and Opinion, the Connecticut Siting Council (Council) finds that the effects associated with the construction, operation, and maintenance of a telecommunications facility at the proposed prime site in Portland, Connecticut, 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 the policies of the State concerning such effects, and are not sufficient reason to deny the application and therefore directs that a Certificate of Environmental Compatibility and Public Need, as provided by General Statutes § 16-50k, be issued to Crown Atlantic Company LLC and Cellco Partnership d/b/a Verizon Wireless for the construction, maintenance and operation of a cellular telecommunications facility at the proposed prime site located at 191 Middle Haddam Road, Portland, Connecticut. We deny certification of the proposed alternate site located at 191 Middle Haddam Road, Portland, Connecticut.

The facility shall be constructed, operated, and maintained substantially as specified in the Council’s record in this matter, and subject to the following conditions:

1.       The tower shall be constructed as a monopole, no taller than necessary to provide the proposed telecommunications services, sufficient to accommodate the antennas of Cellco and other entities, both public and private, but such tower shall not exceed a height of 130 feet above ground level unless the need for other wireless telecommunications providers require a height greater than 130 feet, which if approved by the Council through a petition pursuant to Sections 16-50j-38 through 16-50j-40 of the Regulations of Connecticut State Agencies, shall authorize the extension of the tower to a maximum height of 180 feet above ground level.

2.       The Certificate Holder shall prepare a Development and Management (D&M) Plan for this site in compliance with Sections 16-50j-75 through 16-50j-77 of the Regulations of Connecticut State Agencies.  The D&M Plan shall be submitted to and approved by the Council prior to the commencement of facility construction and shall include: a final site plan(s) for site development to include the location for the tower 180 feet west of the east property boundary and 180 feet north of the south property boundary that incorporates the tower radius within the lessor’s property, tower foundation, antennas, equipment building, security fence, access road, utility line, and landscaping plan. The Certificate holder shall provide plans for either an architecturally treated equipment building or security fence. The D&M Plan shall also include construction plans to be submitted prior to construction for site clearing, water drainage, and erosion and sedimentation control consistent with the Connecticut Guidelines for Soil Erosion and Sediment Control, as amended.

3.       The Certificate Holder shall provide a recalculated report of electromagnetic radio frequency power density if and when circumstances in operation cause a change in power density above the levels calculated and provided pursuant to this Decision and Order.

4.       Upon the establishment of any new State or federal radio frequency standards applicable to frequencies of this facility, the facility granted herein shall be brought into compliance with such standards.

5.         The Certificate Holder shall permit public or private entities to share space on the proposed tower for fair consideration, or shall provide any requesting entity with specific legal, technical, environmental, or economic reasons precluding such tower sharing.

6.         Following completion of construction, if the facility does not initially provide, or permanently ceases to provide wireless telecommunications services following completion of construction, this Decision and Order shall be void, and the Certificate Holder shall dismantle the tower and remove all associated equipment within sixty days or reapply for any continued or new use to the Council before any such use is made.

7.         Any antenna that becomes obsolete and ceases to function shall be removed within sixty days after such antennas become obsolete and ceases to function.

8.         Unless otherwise approved by the Council, this Decision and Order shall be void if construction and operation authorized herein is not completed within one year of the effective date of this Decision and Order or within one year after all appeals to this Decision and Order have been resolved.

Pursuant to General Statutes § 16-50p, 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 issuance shall be published in The Hartford Courant, New Haven Register, and The Middletown Press.

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 party to this proceeding is: