DOCKET NO. 188 - An application by Cellco Partnership d/b/a Bell Atlantic Mobile for a Certificate of Environmental Compatibility and Public Need for the construction, maintenance, and operation of a proposed telecommunications tower and associated equipment located at 2 Sunny Lane or on a parcel located immediately south of the intersection of Clinton Avenue and the Merritt Parkway in Westport, Connecticut.

Connecticut Siting Council

December 17, 1998

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 tower and equipment buildings at the proposed prime site in Westport, 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 Bell Atlantic Mobile (BAM) for the construction, operation, and maintenance of a telecommunications tower, and associated equipment at the proposed prime site, located at 2 Sunny Lane, Westport, Connecticut. We find the effects on scenic resources and adjacent residences of the proposed alternate site to be significant, and therefore deny certification of that site.

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 BAM, Springwich Cellular Limited Partnership (SCLP), Sprint PCS (Sprint), Omnipoint Communications, and Nextel Communications of the Mid-Atlantic, Inc. (Nextel); and such tower, excluding appurtenances, shall not exceed a height of 130 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 facility construction and shall include a final site plan(s) for site development detailing: relocation of the tower to the northwestern corner of the parcel to protect a nearby watercourse and wetlands, and to be closer to the commuter parking area; tower compound reduced in area to the minimum necessary for tower security; construction of the cable tray below grade; placement of a stockade or other architecturally treated fence around the compound; the location and specifications for the tower foundation, antennas, emergency generator and fuel tank, security fence, accessway, and vegetative screening; placement of underground utilities; construction plans for tree trimming, water drainage, and erosion and sedimentation controls consistent with the Connecticut Guidelines for Soil Erosion and Sediment Control, as amended; provisions for the tower finish that may include painting; and provisions for the prevention and containment of spills and/or other discharge into surface water and ground water bodies.

3. Upon the establishment of any new State or federal radiofrequency standards applicable to frequencies of 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 radiofrequency power density for all transmitting antennas on the proposed tower as ordered in this Decision and Order, and again for any proposed change in the operation of the tower.

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. The Certificate Holder shall comply with the Town of Westport’s recommendations for site development, including: proper abandonment of the existing septic system; removal of a portion of the existing driveway to accommodate for increased lot coverage; planting a dense vegetative buffer north of the Poplar Plains Brook; and relocation of the above-ground fuel tank to a distance at least 60 feet away from the waterway protection lines.

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 re-application for any continued or new use shall be made to the Council before any such use is made.

8. Any antenna that becomes obsolete and ceases to function shall be removed within 60 days after such antennas become obsolete and cease to function.

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.

10. The Certificate Holder shall provide to the Council the Federal Aviation Administration’s determination for obstruction or hazard to air navigation.

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, Westport News, and Connecticut Post.

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: