PE1430-20200826-Verizon New Haven 54 Meadow Street
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STATE OF CONNECTICUT CONNECTICUT SITING COUNCIL IN RE: : : A PETITION OF CELLCO PARTNERSHIP : PETITION NO. ____ D/B/A VERIZON WIRELESS FOR A : DECLARATORY RULING ON THE NEED : TO OBTAIN A SITING COUNCIL : CERTIFICATE FOR MODIFICATIONS TO : AN EXISTING WIRELESS : TELECOMMUNICATIONS FACILITY AT 54 : MEADOW STREET, NEW HAVEN, : CONNECTICUT : AUGUST 26, 2020 PETITION FOR A DECLARATORY RULING: INSTALLATION HAVING NO SUBSTANTIAL ADVERSE ENVIRONMENTAL EFFECT I. Introduction Pursuant to Sections 16-50j-38 and 16-50j-39 of the Regulations of Connecticut State Agencies (“R.C.S.A.”), Cellco Partnership d/b/a Verizon Wireless (“Cellco”) hereby petitions the Connecticut Siting Council (the “Council”) for a declaratory ruling (“Petition”) that no Certificate of Environmental Compatibility and Public Need (“Certificate”) is required under Section 16-50k(a) of the Connecticut General Statutes (“C.G.S.”) for modifications to its existing wireless telecommunications facility at 54 Meadow Street in New Haven, Connecticut (the “Property”). See Attachment 1 – Site Vicinity and Site Schematic Maps (Aerial Photograph). II. Factual Background In April of 1991, Cellco received Council approval to establish a wireless telecommunication facility on the roof of the building at the Property (Council Docket No. 140). Cellco currently maintains twelve (12) antennas (three (3) sectors of four (4) antennas) attached to the façade of the rooftop penthouse on the building. Equipment associated with the Cellco antennas is located in a secure equipment room inside the building. The Property is owned by 21022428-v1 Gateway Partners LLC (the “Owner”). MCM Holdings LLC manages the rooftop telecommunications facilities at the Property for the Owner. III. Proposed Construction Activity A. Cellco’s Proposed Modifications to the New Haven Facility The proposed facility modifications will involve the removal of nine (9) existing antennas and the installation of twelve (12) new antennas (fifteen (15) total) and ten (10) remote radio heads (“RRHs”) at various locations on the roof of the building. Three (3) antennas will remain attached to the penthouse façade; four (4) new antennas will also be attached to the penthouse façade (Beta and Beta/Gamma Sector antennas); Two (2) existing antennas and four (4) new antennas will be attached to the existing mechanical screen wall in the northwest corner of the building rooftop (Alpha and Delta Sector antennas); and one (1) existing antenna and one (1) new antenna will be attached to the building façade along the southeast corner of the building (Beta and Gama Sector antennas). (See Cellco’s Project Plans included in Attachment 2). Cellco is licensed to provide wireless telecommunications services in the 850 MHz, 1900 MHz, 2100 MHz and 28 GHz frequency ranges in New Haven and throughout the State of Connecticut. The modified facility will utilize all of Cellco’s frequency ranges. Specifications for Cellco’s antennas and remote radio heads are included in Attachment 3. A Structural Assessment Letter confirming that the building’s structural components and the antenna mounting systems can adequately support Cellco’s proposed facility modifications is included in Attachment 4. IV. Discussion A. The Proposed Facility Modifications Will Not Have A Substantial Adverse Environmental Effect The Public Utility Environmental Standards Act (the “Act”), C.G.S. § 16-50g et seq., -2- provides for the orderly and environmentally compatible development of telecommunications facilities in the state to avoid “a significant impact on the environment and ecology of the State of Connecticut.” C.G.S. § 16-50g. To achieve these goals, the Act established the Council, and requires a Certificate of Environmental Compatibility and Public Need for the construction of cellular telecommunication towers “that may, as determined by the council, have a substantial adverse environmental effect”. C.G.S. § 16-50k(a). 1. Physical Environmental Effects Cellco respectfully submits that the modifications to its roof-top facility will not involve a significant alteration in the physical and environmental characteristics of the Property. 2. Visual Effects Portions of the existing building and Cellco’s modified facility may be visible from the commercial and industrial properties that surround the Property. The modifications proposed by Cellco will not, however, increase the visibility of the Cellco facility or the building and will not detract from the general characteristics of the building at the Property. A Photo Documentation & Simulations report (“Visual Assessment”) is included in Attachment 5. 3. FCC Compliance Radio frequency (“RF”) emissions from Cellco’s modified facility will not exceed the maximum permissible exposure limits established by the Federal Communications Commission (“FCC”). Included in Attachment 6 is a general power density table that demonstrates that Cellco’s modified facility will operate within the FCC safety standards. 4. FAA Notification Not Required Cellco has run an Obstruction Analysis Report (“FAA Report”) for the proposed New Haven Facility modifications. According to the FAA Report, notice of the facility modifications to the FAA is not required. A copy of the FAA Report is included in Attachment 7. -3- B. Notice to the City, Property Owner and Abutting Landowners On August 26, 2020, a copy of this Petition was sent to New Haven’s Mayor, Justin Elicker; Aicha Woods, New Haven’s Director of City Plan; Gateway Partners LLC, the Owner of the Property, and MCM Holdings LLC, the roof-top manager. Copies of the letters sent to Mayor Elicker, Ms. Woods, Gateway Partners LLC, and MCM Holdings LLC are included in Attachment 8. A copy of this Petition was also sent to the owners of land that abut the Property. A sample abutter’s letter and the list of those abutting landowners to whom notice was sent is included in Attachment 9. V. Conclusion Based on the information provided above, Cellco respectfully requests that the Council issue a determination, in the form of a declaratory ruling, that the replacement and relocation of antennas, RRHs and related equipment, as described above, will not have a substantial adverse environmental effect and does not require the issuance of a Certificate of Environmental Compatibility and Public Need pursuant to § 16-50k of the General Statutes. Respectfully submitted, CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS By Kenneth C. Baldwin, Esq. Robinson & Cole LLP 280 Trumbull Street Hartford, CT 06103-3597 (860) 275-8200 Its Attorneys -4- ATTACHMENT 1 C:\Users\mkope\Dropbox (APT GIS)\APT GIS Team Folder\Projects\Verizon\New Haven CT ANTMO\mxd\New Haven CSC Site Vicinity Map.mxd Lake Whitney Davis Clay et Pit Pond re St h itc F e v i Hamden r D C k liff r S a tree t P R ock Road P a r k F R a r o 63 t n ad t S u «¬ d e n m a e d r o o t t a D R o S S e tr e ee e r e t t t i R ar c i r r S e t v u t a r y l e v e e S n r e P t v g l l o l S E n s i 243 e o i v B C n i «¬ m m L o o u e t L c u E a A n r g h Dri r l is ve e T a t 5 s i Y al «¬ V e 5 A M y v e i t n c w h u H e d e e a l S u l o et U n Stre D ry r R e n i He t v l v e e e A v e l r r t a a r S t M n n e o t C r 91 o N ¨¦§ Bi sh op Oliv S er R t tr oad ol S ee rist t B 1 ace 9 Pl I e ak C L hap E el S ld tree S t tr B e e r A o t a t d w w 3 a a xit t y E e r NEW HAVEN 6 CT S t t e r e t e r e t e "S S e t r k t r S o New Haven Y h ig H 2 YALE CT t West River i M x F E 34 o a Memorial r r "S «¬ e g " s i t n Park Pond P R a o o l r a t D d e r r E "S i " v S l NEW HAVEN 18 CT l e t i r o e t YALE 2 CT t e S t "S 122 t r «¬ e e t NEW HAVEN 5 CT «¬10 "S S " t a NEW HAVEN 17 CT NEW HAVEN CT Mill River t e Quinnipiac H w "S "S y River 1 0 7 "S 4 d " t a i o 1 x R «¬ NEW HAVEN 27 SC CT E m l o NEW HAVEN E CT c l "S a t M NEW HAVEN CT SC8 "S NEW HAVEN 9 CT e e 6 r 4 t "S t S i E x t n NEW HAVEN SC14 CT o "S r " f r WEST HAVEN CT e 95 t a "S ¨¦§ W e iv r E D x 5 f r it 9 5 "S I a 0 h W g NEW HAVEN S CT n C o L o n n e e c u West River e t n u i c e n u v t e e t e v A r t A S A e n a v n u e o e a E 45 t D xit n d Ex it 43 n i g e u s n l v i e l i t A n H d u r a H w d o o W t ee West Haven 4 tr U th S n g A in io pr v S n e A n v u e e n u e New Haven t e e Harbor tr C S H i l a rk n e 3 S r t d r e M A e t a v e Ha r ll t n St i re n u et e S t r 2 e 4 e Morse Place it e t Ex rac er t d T ree oo Ma St t H i n tree h S urc Ch 1 s t A v e Phipps Lake n u e Street ^_ Leete 162 eet «¬ hm Str Blo Site Vicinity Map Legend "S Proposed Verizon Wireless Facility Proposed Wireless "S Surrounding Verizon Wireless Facilities Telecommunications Facility New Haven CT Municipal Boundary 54 Meadow Street 5 New Haven, Connecticut Base Map Source: CT ECO 2019 Imagery 3,000 1,500 0 3,000 Map Scale: 1 inch = 3,000 feet Map Date: June 2020 Feet C:\Users\mkope\Dropbox (APT GIS)\APT GIS Team Folder\Projects\Verizon\New Haven CT ANTMO\mxd\New Haven CSC Schematic Aerial.mxd Proposed Verizon Wireless Proposed/Relocated Cables Routed Up Penthouse Facade Verizon Wireless Antenna (Typ.