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 located at Lockwood Farm in Hamden, 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, disguised as an agricultural silo, and associated equipment building located at Lockwood Farm, 890 Evergreen Avenue in Hamden, 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 telecommunications services, sufficient to accommodate the antennas of BAM, Springwich Cellular Limited Partnership (SCLP), and Nextel Communications of the Mid-Atlantic, Inc. (Nextel); and other entities, both public and private, but such tower shall not exceed a height of 108 feet above ground level (AGL). No antennas shall be mounted to the exterior of the tower, except for the Town of Hamden's public safety whip antenna(s) mounted to the top of the tower, if necessary, as approved by the Council.
   
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 and specifications for the antennas, emergency generator and fuel tank, access road, utility line, and for the tower foundation and equipment building to be re-oriented north/south and relocated to maintain an appropriate set-back from residential properties; construction plans for water drainage, and erosion and sedimentation controls consistent with the Connecticut Guidelines for Soil Erosion and Sediment Control, as amended; provisions for the installation of radiofrequency transparent material; and provisions for the prevention and containment of spills and/or other discharge into surface water and groundwater 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 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 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 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 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 60 days after such antenna becomes obsolete and ceases to function.
   
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.

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, the New Haven Register, and the Hamden Chronicle.

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: