DOCKET NO. 175 - An application of Cellco Partnership d/b/a Bell Atlantic NYNEX Mobile for a Certificate of Environmental Compatibility and Public Need for the construction, maintenance, and operation of a cellular telecommunications facility at the Groton Police Department headquarters, Groton Long Point Road, Groton, Connecticut.

Connecticut Siting Council

November 21, 1996

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 cellular telecommunications tower at the proposed prime site in Groton, 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 Cellco Partnership d/b/a Bell Atlantic NYNEX Mobile (BANM) for the construction, operation, and maintenance of a cellular telecommunications tower and associated equipment at the proposed site, located within a 37.6-acre parcel at the Town of Groton Municipal Services Complex, Groton Long Point Road, Groton, 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 proposed, no taller than necessary to provide the proposed communications service, sufficient to accommodate the antennas of Bell Atlantic Nynex Mobile, Springwich Cellular Limited Partnership and the Town of Groton, and not to exceed a height of 148 feet above ground level in accordance with Federal Aviation Administration recommendations.

2. The Certificate holder shall submit an erosion and sedimentation control plan as approved by the Town of Groton and consistent with the Connecticut Guidelines for Soil Erosion and Sediment Control, as amended.

3. The Certificate Holder shall provide notice to the Council two weeks prior the commencement of tower construction, the commencement of operation, and the transfer of ownership of the tower to the Town of Groton.

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 provide the Council a recalculated report or measurement of electromagnetic radio frequency power density after the Town of Groton completes their transfer of antennas to the 148-foot and 110-foot towers.

6. 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.

7. If the facility does not initially provide, or permanently ceases to provide cellular 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 or reapplication for any continued or new use shall be made to the Council before any such use is made.

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

9. The Certificate Holder shall notify the Council upon completion of construction and provide the final cost to construct the facility.

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 New London Day.

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: