DOCKET NO. 176 - An application of Western Connecticut State University for a Certificate of Environmental Compatibility and Public Need for the construction, operation, and maintenance of a telecommunications facility to be located at Western Connecticut State University Westside Campus in Danbury, Connecticut.

Connecticut Siting Council

October 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 telecommunications facility at the proposed site in Danbury, 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 reasons 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 Western Connecticut State University for the construction, operation, and maintenance of a telecommunications facility at the proposed site, off Boxwood Lane Extension, Danbury, 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 Certificate Holder shall construct the lattice tower not to exceed 100 feet above ground level.

2. The Certificate Holder shall submit to the Council scaled plans and specifications including cross-sectional drawings for the tower’s foundation prior to the construction of the tower foundation.

3. The Certificate Holder shall submit plans to the Council for the construction of the alternate driveway from Boxwood Lane Extension prior to construction if this route becomes available and is proposed for use as the primary accessway to the tower site.

4. The Certificate Holder shall seek alternative obstruction marking using directional lighting. The tower shall not be obstruction painted unless recommended by the Federal Aviation Administration (FAA), ordered by the Federal Communications Commission, or requested by the Airport Administrator of the Danbury Municipal Airport.

5. Consistent with Section 16-50j-77 of the Regulations of Connecticut State Agencies, the Certificate Holder shall provide the Council notification of:

    a. commencement of construction;

    b. completion of construction;

    c. completion of site rehabilitation;    

    d. commencement of operation;

    e. final construction cost; and

    f. compliance with FAA recommendations for tower marking and lighting.

6. The Certificate Holder shall provide the Council a recalculated report of electromagnetic radio frequency power density if and when circumstances in operation cause a change in power density above the levels originally calculated and provided in the application.

7. 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.

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

9. 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.

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 Danbury News-Times.

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: