Opinion

On October 9, 2001, Sprint Spectrum d/b/a Sprint PCS (Sprint) applied to the Connecticut Siting Council (Council) for a Certificate of Environmental Compatibility and Public Need (Certificate) for the construction, maintenance and operation of a wireless personal communications service (PCS) facility at 31F Clarks Falls Road or 472 Pendleton Hill Road in North Stonington, Connecticut.  The primary purpose of the proposed facility is to provide wireless telecommunications coverage to existing gaps in the area especially along Route 49 and Route 216 in the North Stonington area and both proposed sites would accomplish this objective equally well.

The proposed and alternate sites are approximately 0.25 miles apart, have similar elevations above mean sea level, and offer similar coverage to roads in the area.  The tower radius for both sites would remain on the lessor's property.  Neither site would require air navigation marking or lighting.

Construction of the proposed prime site access drive would require the removal of no trees greater than twelve inches in diameter during construction of the prime site access drive or tower compound, while two trees would be removed during construction of the access drive leading to the alternate site.  No wetlands were identified within the proposed lease area or access easement leading to either site.  Neither the proposed prime or alternate sites contain known extant populations of Federal or State Endangered, Threatened or Special Concern Species; nor would the proposed construction of either site affect the state's archaeological heritage.  Furthermore, there are no sites listed on the National Register of Historic Places or any National Historic districts in the vicinity of the proposed prime or alternate site.

The visibility of the proposed prime site tower would be considerably less from nearby roads or residences than that of the alternate site.  The Council notes that Route 49 (Pendleton Hill Road) is designated as a State scenic road and the alternate site tower would be clearly visible from both this road and a nearby residence to the south.  Therefore, we find the proposed prime site preferable, and we will approve construction of the proposed prime site off of Clarks Falls Road.

Electromagnetic radio frequency power density levels are a concern of the Council.  However, the radio frequency power density at the base of the proposed tower would be well below federal and State standards for the frequency used by Sprint.  If new carriers are added or federal or state standards change, we will require that all carriers comply with such standards.

Based on the record in this proceeding, we find that the effects associated with the construction, operation, and maintenance of the telecommunications facility at the proposed prime site, 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 policies of the State concerning such effects, and are not sufficient reason to deny this application.  Therefore, we will issue a Certificate for the construction, operation, and maintenance of a telecommunications facility at the proposed prime site located at 31F Clarks Falls Road, North Stonington, Connecticut.  The Council will deny certification of the proposed alternate site.

The Council will order that utilities be installed underground, and that if the tower ceases to provide wireless service, the Certificate Holder shall dismantle the tower and remove the associated equipment within 60 days or reapply for any continued or new use by the Council.

Our decision will be conditioned upon the Certificate Holder submitting a Development and Management Plan for approval by the Council prior to commencement of any construction at the facility site.