Docket No. 188

Opinion

Page 1

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

Opinion

On June 24, 1998, Cellco Partnership d/b/a Bell Atlantic Mobile (BAM) applied to the Connecticut Siting Council (Council) for a Certificate of Environmental Compatibility and Public Need (Certificate) to construct, operate, and maintain a cellular telecommunications facility in the north central section of the Town of Westport, Connecticut.

The public need for cellular telephone facilities has been determined by the Federal Communications Commission (FCC) which has declared a general public need for wireless service, established a competitive 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 cellular 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.

Existing facilities at their present heights in Westport, Fairfield, and Norwalk do not provide adequate coverage or capacity in the northern Westport area for BAM. Moreover, Springwich Cellular Limited Partnership, (SCLP), Sprint Spectrum (Sprint), Omnipoint Communications (Omnipoint), and Nextel Communications (Nextel) have been unable to identify existing facilities that would improve their respective coverage, and consequently seek to share the proposed tower, equipment building, generator and associated fuel tank at either of the proposed sites. The primary purpose of the proposed site is to provide and enhance service to existing coverage gaps and provide additional traffic handling capacity for all carriers along Routes 33, 53, 57, 136, and 15.

The proposed prime site is a residentially developed 1.63-acre parcel, owned by BAM, located at 2 Sunny Lane in the Town of Westport, consisting of a single-family building, an existing paved driveway, and maintained lawn and shrubs. BAM proposes to construct a 160-foot monopole tower enclosed by an eight foot tall security fence with a gate within an approximately 40-foot by 40-foot compound. All the electrical equipment and a 200 kilowatt emergency generator, would be installed within the existing single family structure. The proposed prime site is traversed by the Poplar Plains Brook, contains inland wetlands, and a 100-year flood zone located adjacent to the Brook.

The proposed alternate site is a 1.238-acre undeveloped wooded parcel, owned by Thais J. LaVoy, located immediately south of the intersection of the Merritt Parkway and Clinton Avenue in the Town of Westport. BAM proposes to construct a 180-foot monopole tower, a single-story equipment building to accommodate most of the electrical equipment and a proposed generator, and two concrete pads for the fuel tank and equipment cabinets, within an approximately 60-foot by 88-foot fenced compound. The proposed alternate site does not contain watercourses, inland wetlands, or 100-year flood zone.

The proposed prime site is surrounded by existing residential development and the Merritt Parkway. There are approximately 22 residences within 1,000 feet of the proposed prime site, and the nearest residential structure is located approximately 250 feet east of the proposed tower. The proposed alternate site is surrounded by woodlands, residential development, and the Merritt Parkway. There are approximately 79 residences within 1,000 feet of the proposed alternate site, and the nearest residential structure is located approximately 190 feet south of the proposed tower.

There are no known existing populations of Federal or State Endangered, Threatened, or Special Concern Species occurring at the proposed prime or alternate sites. The Connecticut Historical Commission (CHC) and the State Historic Preservation Office (SHPO) determined that the construction and operation of a telecommunications facility at either the prime and alternate sites would have no effect upon the State’s archaeological heritage. Although both sites are underlain by the Saugatuck River Aquifer, neither proposed telecommunications facility would be located within the draw-down area of the two public water supply well fields, nor discharge pollutants to surface or groundwater systems.

Our intent is to balance the regional development of high quality wireless telecommunications infrastructure with provisions to protect the community and environment from unnecessary or inadequate facilities. The Council has carefully analyzed and considered propagation plots from all carriers, environmental effects of all possible alternatives, use of existing structures, and tower sharing to provide the best coverage from the greatest number of carriers with the least effects on the public. The Council only approves the construction of a new tower if: no other alternative to share an existing tower or structure exists; the Council finds a technical need for a new tower at a particular site based on a detailed analysis of propagation, capacity, signal strength, and facility sharing; and the need for the facility outweighs the environmental effects of the facility after a detailed analysis of the effects on scenic resources, land use, ecological resources, and human health through worst-case modeling of radiofrequency power density consistent with federal guidelines. This practice is supported by federal law and State policy.

Some of the parties and intervenors of this proceeding claim that the Council does not have jurisdiction over the proposed tower because they contend it is not a “cellular” facility. The Council finds that the proposed tower will be “used in a cellular system”, and therefore is a “facility” as defined by Connecticut General Statutes §16-50i (a)(6). Furthermore, we are statutorily obligated to consider tower sharing by all users for facilities under our jurisdiction. This non-discriminatory practice is consistent with federal and State policy and law, and is essential for the protection of environmental and community resources from the unnecessary proliferation of towers.

The proposed prime site would have fewer homes within a 1000-foot radius than the proposed alternative site, and would be near a location recommended by the Town as an alternative site for the development of a facility. Development of the proposed prime site would involve minimal land disturbance and would not substantially alter the character of the natural resources including wetlands and watercourse, vegetative composition, and wildlife habitats. Furthermore, there are no environmental constraints at this site which would justify denial of this site.

Development of the proposed alternate site tower would result in an incremental loss of wildlife habitat, lessen the visual screening from the Merritt Parkway, require the removal of a substantial number of mature deciduous trees, and impair the open space aspect of the site. The proposed 180-foot alternate site tower would be visible from the Merritt Parkway and much of the adjacent residential development.

We are concerned about the potential effect of the proposed tower on the Merritt Parkway, a resource listed on the National Register of Historic Places, a State Scenic Road, and a National Scenic Byway. In addition, the Merritt Parkway ROW has been designated a National Historic Corridor and is listed on the National Register of Historic Places. While the integrity of this resource must be protected, the proposed tower can be developed in a manner consistent with the transportation use of the corridor. We are also cognizant of the Town of Westport’s concern for the Poplar Plains Brook, the environment, and the residential designation of the proposed prime site. The tower can be relocated farther away from the inland wetland, watercourse, and the area delineated by waterway protection lines than proposed, consistent with the Town of Westport’s concerns. Furthermore, relocation of the tower closer to the existing commuter lot and neighboring non-conforming commercial property, the Red Barn Restaurant, would be consistent with the Town’s goal of minimizing the impact on the adjacent residences, and can be accomplished in a Development and Management Plan.

Electromagnetic radiofrequency power density levels are of concern to the Council; however, the radiofrequency power densities at the base of the proposed towers would be 20.17 percent of the federal standard at the proposed prime site and 19.17 percent of the federal standard at the proposed alternate site, which would be well below the American National Standards Institute standard, adopted by the FCC.

The visual effect of the proposed 160-foot tower may impact existing residential land use and be visible to motorists along the Merritt Parkway. However, the visual effect of a tower constructed at the proposed prime site can be mitigated by reducing the height of the tower. The existing telecommunications facility located at 180 Bayberry Lane in Westport can operate in conjunction with the proposed prime site facility, allowing the height of the proposed prime site tower to be reduced. Furthermore, placement of antennas at the Bayberry Lane tower and the proposed prime site tower, reduced in height, would provide substantially improved coverage and call handling capacity for all carriers along the Merritt Parkway. A tower constructed at 130 feet above ground level (AGL), and operated in conjunction with the use of the existing facility at Bayberry Lane would provide continuous coverage for all carriers at -90 dbm along the Merritt Parkway within the desired service area. Therefore, we will reduce the height of the proposed prime site tower to the minimal height necessary for integration with other facilities, both existing and future.

Based on the record in this proceeding we find that the effects associated with the construction, operation, and maintenance of a telecommunications facility at the proposed prime site on Sunny Lane, 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 the proposed site. Furthermore, we have carefully considered all the evidence and believe that this proposed facility at a reduced height is the best option to protect the environment and scenic resources, minimize the development of additional towers, encourage tower sharing, and provide for high quality wireless telecommunications services in a competitive market. Therefore, we will issue a Certificate for the construction, maintenance, and operation of a cellular telecommunications facility at the proposed prime site located 2 Sunny Lane in the Town of Westport, Connecticut, as conditioned by the following Decision and Order. We find the adverse effects on the environment, scenic resources, and neighboring properties associated with the proposed alternate site to be significant, and will therefore deny certification of this site.