DOCKET NO. 178 - An application of the Connecticut Light and Power Company for a Certificate of Environmental Compatibility and Public Need for the modification of an existing telecommunications site in Torrington, Connecticut.

Connecticut Siting Council

Decision and Order

September 24, 1997

Pursuant to the foregoing Findings of Fact and Opinion, the Connecticut Siting Council (Council) finds that the effects associated with the modification of an existing telecommunications tower and associated equipment at the proposed site in Torrington, 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 the Connecticut Light and Power Company (CL&P) for the modification of an existing telecommunications tower, associated equipment, and replacement of an existing equipment building at the proposed site, located within a 3.14-acre parcel off of Highland Avenue in Torrington, 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 height of the existing tower shall be increased by no more than 55 feet, with the modified tower not to exceed a height of 195 feet above ground level (AGL).

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 construction and shall include specifications for the placement of all antennas to be attached to this tower; confirmation by a Professional Engineer that the tower design is adequate to hold all proposed antennas and meets all applicable structural standards; plans for the new equipment building; plans for water drainage and erosion and sedimentation controls consistent with the Connecticut Guidelines for Soil Erosion and Sediment Control; as amended, and plans for the construction of an architecturally treated gate at the entrance to the access road from Highland Avenue.

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

4. 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.

5. The Certificate Holder shall permit public and/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. If the facility does not provide, or permanently ceases to provide telecommunications 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.

7. 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.

8. The Certificate Holder shall notify the Council upon completion of construction.

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 and The Register Citizen.

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: