With Permission
Legislation to update the state’s process for approving cell towers, introduced by State Rep. Lonnie Reed (D‑Branford), was overwhelmingly approved Thursday by the House of Representatives and now moves to the Senate.
Reed has been fighting for two years to change procedures of the Connecticut Siting Council (CSC), which has sole jurisdiction for the placement of cell towers.She won unanimous bi-partisan approval in the House last year. Last night she answered questions on the bill before the House, which eventually approved the bill 128 – 10.
The bill garnered bipartisan support; the CSC is not opposed to it. What opposition there is centers on concerns by some cell tower companies on the 250-foot set back provision regarding commercial day care centers.
Reed told the Eagle she began to push “for this state legislation when Branford, which already had eight cell towers, was suddenly besieged with and often battling proposals for nine more. It wasn’t long before people from all over the state were sharing their cell tower battles with us.
“Soon, we had a bipartisan coalition of legislators eager to expand and restore municipal rights when it comes to the siting process and that’s what this bill does. We brought everybody to the table—the Siting Council, the telecommunications companies, environmentalists and neighborhood groups—to help make it happen.”
She also said that key personnel changes in the Siting Council this year helped to make the process more receptive to the public’s needs.
“Coincidentally, the Siting Council has some key new people who recognize that fresh eyes and a fresh approach can help reassure the public that the Siting Council will represent both the telecom and town citizens. Linda Roberts, the new executive director, spent several years working at the Connecticut Department of Consumer Protection. She was also, and this is key, first selectwoman of East Windsor for five terms. Also, the governor has appointed a new chairman of the Siting Council, Robert ‘Robin’ Stein, who spent years as a zoning official in Stamford. The skill sets and sensitivities that both of these people bring to their jobs can only enhance the process. “
The Reed bill would give towns more input into the approval process. This is especially important for Branford and other shoreline towns, which have been hit with an onslaught of cell tower proposals.
Faced with this onslaught, Branford has become pro-active by forming a Cell Tower Advisory Panel and by hiring an attorney and a consultant.
Attorney Keith Ainsworth, of Evans Feldman & Ainsworth of New Haven, who specializes in cell tower issues, represented Branford at a April hearing about a planned tower at 723 Leetes Island Rd. He has filed several motions to compel T-Mobile to provide written answers to questions he sent prior to the hearing. Those requests are still pending. He is also seeking information regarding T-Mobile’s proposed tower for Pleasant Point Road.
At the current time, there are 13 applications statewide for cell tower construction pending before the CSC, including the two in Branford and one along Moose Hill Road in Guilford. There are nine additional cell tower requests statewide that have been initially approved by the CSC, but still require approval of development and management plans before final approval is granted.
Rep. Pat Widlitz, (D-Branford and Guilford) is a co-sponsor of the bill. “This legislation will not only greatly improve our ability to influence the siting of cell towers but will also encourage the use of the least obtrusive technology,” Widlitz said in a press release. “It’s an important step forward for the protection of our shoreline vistas.”
The proposed bill would:
• Extend the pre-application process from the current 60 days to 90 days, which would allow towns more time to participate in the process. It would also require that applicants provide towns with precise information and maps.
• Prohibit building a tower within 250 feet of a school or day care center unless there are no other appropriate town-approved sites.
• Allow the CSC to impose fines up to $10,000 for applicants who intentionally file inaccurate or misleading information.
• Encourage telecommunications applicants to use miniaturized technology when possible; and to promote regionally preferred sites to serve wider areas and protect scenic and environmental assets.
The provision to promote regional sites to protect scenic and environmental assets is particularly important to Branford and other shoreline towns. There has been a proliferation of cell tower proposals along the shoreline in the past three years as carriers try to boost service for Amtrak passengers. There are also areas, such as Short Beach, which have limited cell coverage.
In addition to one tower that was approved for Branford, there are at least four more that are being proposed:
• Cellco, doing business as Verizon Wireless, is proposing to build a 109-foot tower at 723 Leetes Island Road (Route 146) on the Medlyn farm. It would be disguised as a rustic water tank. Route 146 is a state-designated scenic road and portions are on the National Register of Historic Places. The CSC held a public hearing in Branford in April and will reconvene May 31 at CSC headquarters in New Britain.
• T-Mobile hopes to build a 160-foot tower off Pleasant Point Road. A CSC public hearing scheduled for last January was postponed, and has been re-scheduled for Aug. 16.
• Carriers have been attempting to find a suitable location for a tower in Short Beach for about two years. AT&T was prepared to file an application with the CSC in December, but agreed to a postponement at the town’s request to provide more time for the site search.
• A tower was also proposed for Stony Creek, but those talks have been on hold.
Last summer, a 125-foot tower was constructed at 123 Pine Orchard Rd. despite opposition from neighbors at the December 2009 hearing.
Reed proposed similar legislation last year, which was unanimously approved by the House. However, it was substantially changed by the Senate when they approved it in the final days of the 2010 legislative session. The session ended before the House and Senate could agree on the terms of the bill.
Reed is in her second term serving the 102nd Assembly District and serves as the House vice-chair of the Energy and Technology Committee.
This week the speaker of the House appointed her to a two-year term on the Council of State Governments’ Energy and Environment Task Force.
Established in 1933, the Council of State Governments is a non-partisan, non-profit organization that provides information, research, and training to state officials in all 50 states and U.S. territories to promote region-wide initiatives, facilitate inter-branch cooperation, advocate on state-federal issues, and educate policymakers and the public on regional priorities.
Reed has long advocated region-wide approaches to certain issues. “Serving on regional and national committees on various topics with legislators from other states expands one’s knowledge of those issues and allows us to learn about successful solutions in other states,” Reed said.
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