Opinion

On November 27, 2002, Sprint Spectrum L.P., 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, operation, and maintenance of a wireless telecommunications facility off of Great Hollow Road or at 103 Great Hollow Road in Woodbury, Connecticut. Site A is located off of Great Hollow Road, Woodbury on property owned by O&G and Site B is located at 103 Great Hollow Road, Woodbury, on property owned by David R. Smith. AT&T Wireless Services, Inc. (AT&T) intervened in the proceeding and expressed a willingness to share the proposed telecommunications facility. The purpose of the proposed facility is to provide wireless telecommunications service to southern Woodbury in the vicinity of Route 6.

The public need for wireless telephone facilities has been determined both by the Federal Communications Commission (FCC) and the Federal Telecommunications Act of 1996 which has declared a general public need for wireless service, established a market structure for system development, and developed technical standards that have restricted the design of facilities. These pre-emptive determinations by the FCC have resulted in a system of numerous wireless telecommunications facilities in nearly all areas of the country. Connecticut State law directs the Council to balance the need for development of proposed cellular telecommunications facilities with the need to protect the environment, including public health and safety.

Proposed Site A consists of a 110-foot monopole within a 210-acre property, designated as an Open Space Residence zone (OS-80). Sprint proposes to design the structure for possible future expansion to 150 feet agl. Removal of 80 trees with diameters of six inches or greater at breast height would be required to construct the proposed site and access road. There are four residences within 1,000 feet of Site A. The nearest residence is approximately 596 feet to the northeast. A vernal pool is located approximately 450 feet to the south/southwest of Site A, which may provide breeding habitat for a species of Special Concern, the Jefferson salamander "complex". Approximately 30 feet of the access road for Site A will cross a wetland corridor and the access road is adjacent to another wetland. Sprint will install a culvert at the proposed wetland crossing to allow surface water to flow.

Proposed Site B consists of a 150-foot monopole within a 7.91-acre property, designated as an Open Space Residence zone (OS-80). Removal of 72 trees with diameters of six inches or greater at breast height would be required to construct the proposed site and access road. There are seven residences within 1,000 feet of Site B. The nearest residence is approximately 177 feet to the north.

The visibility of the proposed Site A tower is expected to impact areas of Route 6, Route 64, Route 317, Sherman Hill Road, Hesseky Meadow Pond, and Rag Land. The visibility of the proposed Site B tower is expected to impact areas of Route 6, Route 64, and Route 317. Site A is farther from adjacent residences which results in less visibility impact than Site B. The 110-foot tower proposed at Site A would visually impact less area than the 150-foot tower proposed at Site B. The Council will require that Sprint provide visual simulations of stealth options for the tower, including a tree tower, and flagpole in the Development and Management (D&M) Plan.

The proposed access to Site A is an upgraded 25-foot wide access road extending from Great Hollow Road along an existing access road for 890 feet, then an additional 170 feet would be needed to continue to the proposed site. Telephone and electrical utilities would be installed underground from an adjacent utility pole to the proposed Site A compound. The proposed access to Site B is a 25-foot wide road extending from Great Hollow Road along an existing access road for 520 feet. Telephone and electrical utilities currently run overhead along the access road.

Development of either of the proposed sites would not affect historic, architectural or archeological resources listed on or eligible for the National Register of Historic Places.

Radio frequency power density levels at the base of the proposed tower would be well below federal and state standards for the frequencies used by wireless companies. If federal or state standards change, the Council will require that the facility be brought into compliance with such standards. The Council will require that the power densities be remodeled in the event other carriers locate at this facility.

Based on the record in this proceeding, the Council finds that the effects associated with the construction, operation, and maintenance of the telecommunications facility at proposed Site A, 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, the Council will issue a Certificate for the construction, operation, and maintenance of a 110-foot telecommunications facility at Site A off of Great Hollow Road in Woodbury, Connecticut and deny certification of Site B. The Council will require that stealth options for the tower at Site A be included in the D&M Plan.