HomeMy WebLinkAboutSpec Ex/Site Plan of Development (4) TOWN OF SOUTH WINDSOR
PLANNING &ZONING COMMISSION
APPLICATION FORM
Application No: doh--��� W
Official Receipt Date: ZZ Z OCT 1 ,2002
Receipt No: -- f
APPLICANT: AT&T Wireless PCS LLC
PROJECT NAME: South Windsor a er Tank
ADDRESS: 2990 Ellin ton Road South Windsor CT 06074
OWNER OF RECORD ON LAND RECORDS: The Connecticut Water Com an
ADDRESS: 93 West Main Street Clinton CT 06413
COMPLETE LOCATION OF PROPERTY:
ASSESSOR'S MAP# 11 R PARCEL# __7 _ ZONE RR
tial)
NAME,ADDRESS,TEL&FAX# OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED:
Daniel L. Lea v-
_q. K Cuddir & Feder & Worbv LLP
A for licant
f 90 Maple Avenue, White Plains, NY 10601 (914) 761-1300; Fax: 914 761-5372
1 THIS APPLICATION IS FOR: (Check all that apply):
❑ Zone Change to (Public Hearing required and Certified letter to abutters required)
❑ Subdivision/Resubdivision ❑ Open Space Subdivision (Public Hearing Required)
❑ Subdivision ❑ Minor
❑ Major
❑ Resubdivision(Public Hearing Required)
❑ Minor❑ Major
❑ Conditional Approval
Special Exception to Article Sec. XVI
® Site Plan of Development (Public Hearing, Certified letter to abutters required)
❑ General Plan of Development
❑ Earth Filling (Sec. 15) and/or Earth Removal (Sec. 14 -Public Hearing required)
❑ Regulation Amendment:
❑ Zoning ❑ Subdivision (Attach proposed amendment)
❑ Temporary and Conditional Permit for
❑ Major Home Occupation for
❑ Other(explain in detail)
An Appl' ion Pending sign is required to be posted on the ro e p p rty for all applications ten (10) days
prior to being heard by the Commission.
See Exhibit C to
Signature of Applicort
ant Memorandum In_Sngp
Daniel F. Leary Signature of Property Owner
Attorney for Applicant,
AT&T Wireless PCS, LLC
Before the Town of South Windsor Planning and Zoning Commission
In the Matter of: The Site Plan Review of AT&T Wireless Services Inc., to
install a Wireless Telecommunications Facility, South
Windsor Water Tank, located at 2990 Ellington Road,
South Windsor, CT 06074
I, Nader Soliman, am a RF Design Engineer contracted by Bechtel
Telecom to design radio communication systems.
My responsibilities include identifying signal coverage gaps in wireless
telecommunications systems and assessing the ability of proposed antenna sites
to adequately fill those gaps in signal coverage.
PURPOSE
This report is respectfully submitted by AT&T in connection with its Site
Plan Review Application to permit the installation of a wireless
telecommunications facility located at 2990 Ellington Road, South Windsor, CT
06074.
INTRODUCTION
The Federal Communications Commission ("FCC") has licensed and
authorized AT&T to construct and operate a network of wireless
telecommunications facilities in the State of Connecticut. Pursuant to FCC
regulations and its FCC license, AT&T must expeditiously construct its network of
wireless telecommunications facilities in order to provide the public with
substantial and seamless coverage for personal communications services within
its licensed area. A copy of AT&T's FCC license is attached as Exhibit 1.
AT&T's existing wireless network is not adequate to properly serve its
customers who live in and travel through South Windsor (the "Town. In fact,
AT&T currently has inadequate signal coverage in this area. In order to provide
coverage in one of its search areas for the Town and thereby meet its FCC
obligations and the demands of its customers, AT&T has proposed the
installation of a wireless telecommunications facility located at 2990 Ellington
Road, South Windsor, CT 06074.
PROJECT DESCRIPTION
AT&T proposes to construct a wireless telecommunications facility (the
"Facility") at the water tank located at 2990 Ellington Road. The Facility will
consist of up to six (6) panel antennas mounted to the side of the existing water
tank. The dimensions of each panel antenna are 61.3" in height, 6.3" in width,
and 2.2" in depth. The Facility also will include equipment used to operate the
antennas. This equipment will be located within the water tank compound.
AN UNSERVED AREA OF COVERAGE EXISTS IN THE TOWN
AT&T was granted a license to operate a network of wireless
telecommunications facilities in the State of Connecticut on June 27, 1997. As
such, an unserved area in Radio Frequency ("RF") signal coverage currently
exists in the Town. An unserved area is characterized by the inability to originate
or terminate calls on AT&T's wireless network.
I In this application, the target areas proposed for service coverage are SR
74 (Ellington Road), Barber Hill Road, Niederwerfer Road and the residential
neighborhoods surrounding Ellington Road.
THE PROPOSED FACILITY WILL COVER THE UNSERVED AREA
The Facility will meet the primary objectives of AT&T's search area
because it will provide wireless signal coverage to a significant portion of that
unserved area. When this site was located, predictive tests were performed to
determine whether the site would provide sufficient signal coverage. These tests
involved the use of dB Planner signal propagation testing. DB Planner software
is a predictive modeling tool. It identifies areas where sufficient coverage does
and does not exist, by taking into consideration topography, vegetation, and
other morphology, which may attenuate the radio signal. Based upon these
tests, a signal propagation map illustrating the signal coverage that will be
provided by this site was prepared and attached as Exhibit 2. The map is titled
"AT&T WIRELESS SERVICES; SOUTH WINDSOR WATER TANK PROPOSAL:
CT-435: 2990 ELLINGTON ROAD; PROPOSED RF COVERAGE WITH CT-
435". As the map clearly demonstrates, the Facility will fill in a portion of the gap
in service currently existing in South Windsor along State Road 74 (Ellington
Road), Barber Hill Road and Niederwerfer Road. A second propagation map
showing the coverage of the surrounding sites without the Facility was prepared
and attached as Exhibit 3. The map is titled "AT&T WIRELESS SERVICES;
SOUTH WINDSOR WATER TANK PROPOSAL: CT-435: 2990 ELLINGTON
ROAD; EXISTING RF COVERAGE" and shows coverage in South Windsor that
sites CT-304, CT-398 and CT-328 do not cover and that proposed site CT-323
will not cover.
In addition to covering the roadways mentioned above, the wireless
telecommunications industry has seen a strong migration in wireless telephony to
non-vehicular use in commercial and residential neighborhoods, such as the
ones surrounding Ellington Road. We expect that residents, businesses and
visitors to South Windsor will all benefit from the services provided by the Facility.
Without the proposed Facility, AT&T cannot provide service coverage in
the referenced portion of South Windsor, nor can it provide the seamless service
coverage to its customers mandated by its FCC license and the FCC's rules and
regulations.
STATEMENT OF NON-INTERFERENCE
AT&T Wireless operates its wireless network in compliance with its FCC license
and FCC rules and regulations concerning radio frequency emissions and/or
radio frequency interference ("RFI"). While we cannot guarantee that the
operation of our network will not cause harmful interfere with other wireless
users, the possibility of such interference, if any, is extremely remote. With
regard to governmental users, this is especially true because of the significant
differences in frequencies between our proposed installation (transmit within the
1945-1950 MHz and 1965-1970 MHz) and those frequencies used by local
police, fire and EMS departments (typically less than 800 MHz). In the unlikely
event that interference does occur, AT&T Wireless agrees to abide by its existing
policy of fully cooperating with the entity experiencing interference to identify and
correct, to the extent reasonably possible, any issues caused by its installation.
The FCC recognizes that both commercial and public safety parties affected by
such interference need to collaborate and share responsibility for identifying the
causes of interference, identifying mitigation alternatives, and developing joint
planning and technical solutions for preventing interference.
COMPLIANCE WITH FEDERAL EMISSION STANDARDS
In regard to power density analysis, AT&T Wireless Services prepared an
emissions report. The Report was performed in order to determine the potential
public exposure to Radio Frequency energy surrounding the proposed Facility
and to ensure that the proposed Facility would conform to all Federal and State
health and safety standards. Worst-case assumptions were used in order to
provide a conservative analysis and to ensure that actual values would be lower
than those determined therein. That analysis indicates that the maximum level of
Radio Frequency energy to which the public may be exposed due to the
health and safe limits, including
' 't will be below al
l applicable safety proposed Facility pp
but not limited to the FCC, ANSI, IEEE, NCRP and the State of Connecticut.
CONCLUSION
It is my professional opinion that (1) There exists an unserved area of
Radio Frequency signal coverage in the portion of South Windsor where AT&T
proposes to construct the Facility; (2) Due to the topography and morphology in
this portion of South Windsor, 2990 Ellington Road represents the best location
for the Facility; (3) The suitability of the proposed location has been confirmed by
reliable computer modeling; and (4) The height of the Facility is the minimum
necessary to provide adequate service coverage to this portion of Town.
Therefore, it is respectfully requested that the Planning & Zoning
Commission grant AT&T's Site Plan Review Application in order to allow AT&T to
construct the proposed Facility and to thereby comply with the mandates of its
FCC license and otherwise conform to the FCC rules and regulations for wireless
telecommunications providers.
/lader Soli'
Bechtel RF Design Engineer
AT&T
6` �
See1cs
��'�' P4Y•4Y' 4y{:
�43 Cell
83
Tower
Commission To
Meet To Discuss
u ��Y
Proposal
sAtchitects�tno '. By DAN UHLINGER I
COURANT STAFF WRITER I
I
In SOUTH WINDSOR—AT&T Wire-
11 less Services Inc. is asking the town
planning and zoning commission for
Met h ere I I approval to erect a cellphone tower on
an Ellington Road water tank owned
Is in town. by Connecticut Water Co.
SOUTH WINDSOR
Jar AT&T Wireless needs approval for
greater t a special exception to town ordinanc-
hat must es.Also required is the cormnission's
one during the approval of the com
>onds in 2004 panY's site plan of
(rest rates are development.
factored into Jeffrey Folger, the town environ-
mental planner,said the commission
would hold a hearing on the com-
pany's requests at 7:30 p.m.Nov.12.
revery four AT&T Wireless is said to
)28,when the
,But officials have inadequate coverage
oe and vehicle in an area of the town. The
ore in 2017— new facility would provide
service to a larger portion of
the area.
of land would
so argue that
traffic will put The wireless facility would contain
y there are no up to six antennae and be installed on
advantages the water tank at 2990 E
.y College. llhigton Road.
The plan submitted to the town calls
S for an engineer of Bechtel Telecom to
design the facility.
high school Nader Soliman, the engineer,said
nts in grades in the town application that AT&T
It would be Wireless has inadequate cove 200,000 in q rage in
that area of town.He said the new fa-
cility would provide wireless commu-
n
ications service to a large portion of
ep Dposed the area.
turningDaniel F.Leary,a lawyer wyer for AT&T
qe�v middle Wireless who is working on the
oiffiabd but flawed, project,could not be reached for com-
imost cost- ment.
'suk Town officials have said that cell.
Q rell,staff writer phone service needs to be improved in
the area of the planned tower.Police
rao m/m a n re fJ and other officials have complained
that the lack of service is an impedi-
ARTFORD COURANT ment to police communications.
2nd District
the campaign began.
PLANNING DEPARTMENT
IN-HOUSE REFERRAL FORM
TO: Matt Galligan, Fred Shaw, Michael Gantick, Thomas Field, Bill Lanning, Kris Lindstrorrl,
Ray Favreau, Karl Reichle, Mel Stead, John Collins, Bob Deptula,Jeff Doolittle
FROM: Marcia A. Banach, AICP, Director of Planning
The Planning & Engineering Departments have recceive`d.plans for the following project:
( p A
Location: 1 yip /� , ,� ,� �,� cl
)(Site Plan O Subdivision No. Acres Zone
0 Industrial [commercial O Residential No. Lots/Units
Water: 0 Public O Private Well Sewerage: O Public O Septic system(s) `
Project Description: j q -L
Future Town-owned property involved? C3 Yes J'No
C3 new street(s) O new detention area
O new open space/recreation area O active El passive
Planning Department notes:
Please comment by r�Ib' �®z and return to the Planning Department.
' OCT 1 P 2002
MEMORANDUM IN SUPPORT OF
APPLICATION FOR SITE PLAN AND SPECIAL EXCEPTION APPRONRAhs�;r� idi�!�i�CP .
' I. Introduction
AT&T Wireless PCS LLC, d/b/a AT&T Wireless ("AT&T") proposes to install a
wireless facility (hereinafter the "Facility") on an existing water tank located at 2990
Ellington Road in the Town of South Windsor (the "Property"). The Property is
classified in the RR (Rural Residential ) Zoning District where the Facility is a permitted
e pursuant to Section 16.2 of the Town of South Windsor Zoning Regulations the
use, p g g
.,Regulations"), subject to special exception and site plan application review and
approval. As more fully discussed below, the Facility should comply with all applicable
Regulations.
II. The Facility
The AT&T Facility will consist of six (6) panel antennas and unmanned
equipment cabinets. The six (6) panel antennae will be mounted in three (3) sectors (2
per sector) near the top of the existing water tanks, at +/- 104.5 feet AGL, but will not
' increase the height of the tank, which is +/- 120' AGL. Each panel antenna will be 61.3"
in height, 6.3" in width, and 2.2" in depth, and will be color coordinated to match the
water tank. The proposed unmanned equipment cabinets will be located on a 6' x 10,
concrete pad located within a fenced compound surrounding the water tank. By
locating its Facility on the existing water tank, AT&T has chosen one of the Town's
highest preferred locations for new wireless facilities. See Sections 16.2 of the
Regulations. Due to the limited nature of this project, it should have a de minimis
impact on the surrounding neighborhood, as evidenced in the photo simulations of the
C&F&W:317317.1 -
proposed Wireless Facility prepared by Dewberry-Good kind, Inc., annexed hereto as
' Exhibit B.
III. Need for the Facility
AT&T has been authorized by the Federal Communications Commission ("FCC")
to construct and operate digital mobile radio systems in the State of Connecticut. A
copy of AT&T's FCC license is annexed hereto as Exhibit D(1). AT&T is a provider of
Personal Communication Services ("PCS Service") combining traditional mobile
telephone and enhanced digital services into a single user handset. As provider of PCS
Service, the FCC requires AT&T to expeditiously complete the construction and build-
out of its wireless network and fill gaps coverage a s in its federal) licensed service area,
Y
rwhich includes the Town of South Windsor.
AT&T has determined that there is a gap in service coverage in the portion of the
Windsor in and around the Property underlying the Facility. The
Town of South dso p y y g y
proposed Facility will provide substantially seamless service coverage to that portion of
the Town together with other planned facilities. Thus, approval of the instant
application will allow AT&T to provide service coverage to its customers living in and
traveling through this area of the Town of South Windsor, and to comply with its FCC
license requirements as well as other FCC rules and regulations governing wireless
facilities. See Radio Frequency Engineering Report annexed hereto as Exhibit D
(hereinafter "RF Report") prepared by Nader Solimon, a Radio Frequency Design
Engineer with Bechtel Telecommunications, which demonstrates the need for the
Facility.
' C&F&W:317317.1 2
IV. The Project Meets The Standards For Special Exception/Site Plan
Approval.
1 Section 16.1 and 16.5 of the Regulations states that wireless communication
facilities are subject to Site Plan and Special Exception review and approval. This
includes sites in "preferred locations" for Wireless Communication facilities. More
' particularly, Section 16.2 of the Regulations states that "existing structures such as
buildings, water towers, and utility poles" are the highest preferred locations for new
wireless facilities. AT&T has identified a gap in coverage in this area, and the Facility
jwill be capable of providing the requisite service coverage to its customers living in, and
traveling through the targeted area of the Town of South Windsor. See, RF Report,
annexed hereto as Exhibit D.
It is respectfully submitted that the Facility will comply with the applicable
' standards for such a wireless communications facility set forth in Sections 16.1, 16.3,
16.5, and Section VIII of the Regulations to now warrant Special Exception/Site Plan
approval, including the following:
- There will be no adverse effects on uses in the area;
- Surrounding property values will be conserved and the character of the
neighborhood will not be unduly disrupted;
- The land is physically suited for such use and there will be no adverse
environmental and aesthetic impacts created;
' - Public health and safety will not be adversely affected;
- No changes are being made to the height of the existing water tank;
- The accompanying equipment cabinetry will be enclosed by existing
fencing;
' C&F&W:317317.1 3
- The antennae will be color coordinated to blend with the fagade of the
existing water tank;
- The antennae shall not exceed 6' in height and 2' in width;
All utilities shall be installed underground;
All generators shall comply with all State and local noise regulations;
- The Facility will be designed, located, and operated so as to not interfere
with public safety communications (See Exhibit D hereto); and
- The design and operation of the wireless communication facility will
9 p Y
comply with the Federal Communications Commission (FCC) standards
regulating non-ionizing electromagnetic emissions (See Exhibit E hereto).
Finally, although the Facility generally complies with Section 16.3 of the
Regulations, the Facility will be located within 500 feet of some residences Section
9 � Y (
16.3(d)). AT&T respectfully submits that Section 16.3(d) of the Regulations should only
apply to construction of new towers, and not to an installation on an existing structure
such as the proposal herein, although the inapplicability of Section 16.3(d) should be
confirmed by the Town of South Windsor.
V. Compliance with Federal and State Emission Standards
Annexed hereto as Exhibit E is a Radio Frequency Emissions Report
("Emissions Report"), dated August 20, 2002, and prepared by Bechtel
Telecommunications. The Emissions Report was prepared to determine the potential
public exposure to Radio Frequency energy surrounding the proposed Facility. Worst
case assumptions were used to be extremely conservative and insure that actual
values would be lower than those determined herein. This analysis indicates that the
maximum level of RF energy to which the public may be exposed will meet all
applicable Federal health and safety limits, including but not limited to the FCC, FDA,
C&F&W:317317.1 4
EPA, NIOSH and OSHA. In fact, the Emissions Report concludes that the maximum
level of RF energy associated with simultaneous and continuous operation of all
proposed transmitters will be only 0.05% of all Federal emission standards.
VI. Other Applicable Legal Standards
A Regulation of"personal wireless service facilities" is specifically addressed in
Section 704 of the Telecommunications Act codified in 47 USC §332(c)(7)(B). The
explicit preemptive language of the Telecommunications Act makes it clear that there
are five limitations on state or local regulation of the placement, construction and
modification of"Personal Wireless Service Facilities":
1. local regulations may not unreasonably discriminate among
providers;
2. local regulations "shall not prohibit or have the effect of prohibiting
the
provision of personal wireless services"
p
3. a request for permission to place or construct wireless
telecommunications facilities must be acted on within a reasonable
time;
4. any denial to place, construct, or modify personal wireless services
must be in writing and supported by substantial evidence contained
in a written record;
5. local regulations may not regulate the placement, construction or
modification of personal wireless service facilities on the basis of
the "environmental effects of radio frequency emissions" as long as
the facilities meet standards set by the FCC.
' C&F&W:317317.1 5
The Telecommunications Act, 47 USC §332(c)(7)(B).
The legislative history of the Telecommunications Act emphasized the
requirement that local regulations not prohibit or have the effect of prohibiting personal
wireless facilities. The conference report accompanying Section 704 explains:
Actions taken by state or local governments shall not prohibit or have the
effect of prohibiting the placement, construction or modification of
personal wireless services. It is the intent of this section that bans or
policies that have the effect of banning personal wireless services or
facilities not be allowed and that decisions be made on a case-by-case
basis. H.C.R. No. 104-458, 104th Congress, 2d Sess. 208 1996
reprinted in 1996 U.S.C.A.A.N. 222.
The Telecommunications Act clearly prohibits local governments from enforcing
outright bans on wireless telecommunications facilities. Further, n z zoning
g a y o ng limitations
on placement or construction of facilities may not have the effect of precluding a
wireless communications provider's ability to offer service.
The Telecommunications Act also prohibits local zoning authorities from
discriminating among "functionally equivalent service providers." The
Telecommunications Act, 47 USC §322(c)(7)(B)(i)(1). In other words, if other
communications companies are already providing personal wireless services in the
Town of South Windsor within the targeted area, the regulations must also allow for
competitors, such as AT&T, to operate in the Town on an equal footing.
C&F&W:317317.1 6
VII. Conclusion
For all of the reasons stated herein, AT&T respectfully submits that (i) AT&T has
identified a critical gap in service coverage in this area of the Town of South Windsor;
(ii) the proposed Facility will fill in this gap in service coverage; (iii) the existing water
tank is one of the highest of the Town's preferred locations for new wireless facility
sites; (iv) the Facility should comply with all applicable provisions of the Regulations, as
discussed above; (v) by permittingthe use of the water tank, the proposed Facility,
p p Y,
working in conjunction with other existing and proposed AT&T Facilities in and around
South Windsor, can provide seamless service coverage in South Windsor; (vi) the
Facilitywill have minimal to no visual impact on the immediate surrounding p area of
South Windsor; and (vii) the radio frequency emissions that will emanate from the
Facility are far below all Federal emission level standards.
Accordingly, AT&T respectfully requests that the Town of South Windsor
Planning and Zoning Commission grant Site Plan and Special Exception approval to
permit the use of the Property as a wireless telecommu ' ation facility for AT&T.
Res a ully sub
Daniel F. Leary
Cuddy & Feder &Worby LLP
Attorneys for AT&T
90 Maple Avenue
White Plains, New York 10601
C&F&W:317317.1 7
' OCT 08 2000 11 : 23RM HP LRSERJET 3200 P. 12
f
1•
' MASTER LEASE AGREEMENT
between
THE CONNECTICUT WATER COMPANY
and
AT&T WIRELESS PCS, INC.
d/b/a AT&T WIRELESS SERVICES
Dated as of b / , 1g9y
ugmkir
i
' OCT 08 2000 11 : 20AM HP LRSERJET 3200 p. 2
Id
LEASE
STRUCTURE NO.
' EXHIBIT A
Site Lease
to the Master Lease Agreement between
. The Connecticut- Water Cog y r
uannect cut acarpocation ("Landlord") and .AT&T
Wireless PCS, Inc- , by and through its agent AT&T Wireless
Services, Inc, d/b/a AT&T Wireless Servi(7es ("AT&T Wireless
Services" and, together with its wireless eomu►unications
affiliates which elect to participate ' in this Lease,
' collectively "Tenant") -
1_ Site No./Name: - p.,r g.,zT-C,, .
2. Name of Tenant Affiliates:
:
3. Site Address: (street address and legal.
2990 Ellington Rd, South Windsor, cT
tion
attach if necessary) g ,
4. Site Latitude and... Longitude: (if available) :
N410 51 .382' -- W 720 31 .0891
5. Contingency Date: N/A
5. Monthly Rent:
7. Term:. See paragraph 4 of .Lease.
B. Site Landlord-Owned: 4X or Landlord-Leased:
If leased, Term of Underlying Lease: "
' 9. Special. Access Re u' Th q xrements.- e fence will be daisy-chained
to allow 24 hr./d. , 7 d./wk. access
10. Existing Mortgages, etc. : No existing Mortgages
a es
M0017055.DOC)
05/19/99 A-1
OCT 08 2000 11 : 20RM HP LRSERJET 3200 P. 3
,
11. Existing Environmental Issues: No known environmental issues
. II
12. Landlord Contact for Access for Emergency: Chris Bogucki.
' 1-800-428-3985 ext. 3057
13. Tenant Contact for Emergency: :I
14. Tenant's Address for Notice Purposes: p1 b-
t i- Q 'CA q5.1¢?
' A-�rN'• xt►s� MAna qQI�e�1+ �tp�• Landlord:
By.
A-r-T tztR eNs .Inc• Name: ( R157-6.PjEk -Z`. 666-Wc91
IS ash Vaic�land I�t�e . , Title: of ,OysfmFE s DFvEi_dP+x6V
Date:
' a Clow—(Ow-•SLA Tenant-,
� • �.T-y3�-C.
BY.
_...........
Titles _.._
Date: � f}�
Attachments: Exhibit 1: Description of Antennas/Dishes
- Location(s)
Exhibit 2: Description of Facilities
Shelter/ Room/Cabinet
Location(s) ,
Exhibit 3: Plans and Specifications.
Exhibit 4: Existing Liens, Rights of 'Way,
Easements and Mortgages
Exhibit 5.: Current 'Wireless Communications
Uses of Site (including
.� frequencies)
{A0017065_DOC)
05l19{99 A-2
OCT 08 2000 11 : 20RM HP LRSERJET 3200 p. 4
SITE LEASE ADDENDTJM
This Addendum.is to clarify the Site Lease Agreement between The Connecticut Water
Company and AT&T Wireless Services,Inc. for the lease of an antenna site at The Connecticut
' Water Company's South Windsor(Wappingwood)Tank site,located at 2990 Ellington Rd.,
South Windsor,CT. This site currently contains a single water storage tank that will serve as an
attachment location for AT&T's telecommunication antennas.
There is a possibility that-The Connecticut Water Company may be constructing a second water
storage tank on that site,immediately northeast of the existing water storage tank. H this
construction occurs during the time of the Site Lease,the new water storage tank may block the
radio signals to one set of AT&T's antennas located around the circumference of the existing
water tank.
' By signing this Addendum, The Connecticut Water Company agrees to permit,AT&T Wireless
Services,Inc.to attach a replacement set of antennas on the new water tank. By signing this
Addendum,AT&T Wireless Services,Inc.agrees that this antenna replacement worts will be
' designed and constructed by AT&T,subject to prior written approval by The Connecticut Water
Company,and that AT&T will be responsible for all costs associated with this antenna
replacement worth.
' LANDLORD:
By:
s
Y
Name: C0'1 57 b Aq F_ '. ,Bo6 Ucx1 .
Title: 19 0 eg o f 60SW51;5 19 rVE"PA1 ,,-
Date: ��Z
TENANT:
By:
Name:
Title: 5LWW5
qt,�
Date: [
:' y
SEP 14 1999 13:33 FR AT&T WIRELESS SUCS 203 831 40M M 919147615372 P.05/06
`• United States of Americo *1
Federal Communicaflons Commission °
• RADIO STATION AUTHORIZATION
Commercial Mobile Radio Services
• Pdtsonal CoMmunicafions Service - Broedbcnd
&T SHIRE =S PCs•IHC- call Sign: MMC-441
1190 CONNEGTICUT AYEM, N.V., 4TE FLOOR Narket: BIS4
VA58INGTCN. DC 20036 1p-RTF=.- ;=
- Chaausl EloCl�: D FS.limg Number: Ox&79-tv-L--97.
The licensee hereof is cuthcri.Zed, tar the per{od indicoted,to Construct and opercte redid transmitting focir ies in
ccco=dnnce with The teat" old=nditlons hereinafter Oescrbed. This cuthorizafion is subject to the prc4wcns of
thg GOrrjTwnicc-ianz Act of 1934, es cmended. -subsequent Ac r of Congress, -intemctioncl treeties and
agreements to which the United Votes a a signctorY, and ca pertinent rules and raguietions of the Federct
GorrYrnsnicoflom Cer=Lm;on.contaned in the Title 47 of the U.S.Code of Fedetcl Resulctlons.
In{t.lal Grant Date . . . . . • . . . . . . . _ .'u}a 27, 597
Five Tear Build Out bats _ _ . • . . ,• - . . - - - June 27, 2002
g�pirat:.on :Date .. . . . . . . . . . . . . . Jv.:y 27, 2007
CON4fT10L: 309 .
pursucnt to Section (h ic
) of the Comminctio Act of 1934, cs cmended� , (47 U.S.C. 309(h)), thiz Gcerue is
subject to the foltowirlg ccnelftrs: This license does not vest In the 6cemee cny right to opercta a stotfon nor any'
tight in the use of frequenc'+es beyond the term thereof nor in any other mcnner thcn cuthoriZed herein. NeittsQr tha
Gcerue nor the right granted thereunder sncst be culgned or crherwise trererred In vlaiction of the'
Commork--lions Act of 193a, es cmended(47 U.S.C. 16 uf
1,et seq.). This Gcerse is subject in terms le the right of Use
orcont'roi ccnt¢rred by Sea n
Season 7C6 of the Cornuniceons Act of 19u.cz cmended(47 U.S.C.606).
(Conditiom continued on Pcge 2)
' WAIVERS: -
go waivers assoc;ated Witt this au,),,c rzat'_cn-
• FCC form 4638
Issue 'Dates June 27, 1997 April 1997
page 1 of 2
i i '99 11 rya F�"x•E2
AT&T WIRELESS SERVICES
SOUTH WINDSOR WATER TANK PROPOSAL : CT435 : 2990 ELLINGTON ROAD
PROPOSED RF COVERAGE WITH CT435
t Proposed Facilities
AT&T Wireless lipp I k ■ On-Air!Approved Facilities
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AT&T WIRELESS SERVICES
SOUTH WINDSOR WATER TANK PROPOSAL : CT-435 : 2990 ELLINGTON ROAD
EXISTING RF COVERAGE
Proposed Facilities
AT&T Wireless On-Air f Approved Facilities
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Ell,
AT&T
Cellular Division Bechtel Telecommunications
RF Engineering Department Address:210 Pomeroy Ave
Suite 201,Meriden,CT 06450
TEL:203-639-0640
FAx:203-238-2068
August 20,2002
( Re: 907-007-435
2990 Ellington Road,South Windsor CT 06074
As per your request, attached is the RF Exposure Analysis for the proposed AT&T
Wireless antenna facility located at 2990 Ellington Road,South Windsor CT 06074.
Thank you for giving me an opportunity to respond to your inquiry about the safety of
this wireless antenna facility. The maximum level of RF energy associated with
simultaneous and continuous operations of all transmitters at this facility will be less
than safety criteria adopted by the Federal Communications Commission as
mandated by the Telecommunications Act of 1996. Therefore,this wireless antenna
facility fully complies with FCC.
This antenna facility is an integral part of the wireless infrastructure that provides
mobile communication services to individuals,businesses, and safety agencies
throughout our community and the nation. People rely on wireless phones for personal
safety and security. At the same time,many public service agencies depend on wireless
technology to provide disaster relief and emergency services. AT&T Wireless Services
is committed to providing safe and efficient wireless communication services to
everyone who depends on wireless phones for personal safety,convenience and
emergency communications.
Cellular systems use low power radio signals that operate in the same frequency band
as UHF television and PCS frequencies have been used by utilities and public safety
agencies throughout our communities for years. Wireless antenna facilities transmit
low power radio signals to carry telephone conversations. These personal wireless base
station antennas typically operate at one hundred watts or less per channel and are
placed in inaccessible locations on towers and rooftops. The power density decreases
rapidly as one moves away from the antenna,creating very low-level signals at ground
level and points of public access. In addition,wireless phones operate at the lowest
AT&T Wireless Services,Inc.
Table of Contents
1. INTRODUCTION.................................................................................................................................3
2. SITE DATA...........................................................................................................................................3
3. RF EXPOSURE PREDICTION..........................................................................................................3
4. FCC GUIDELINES FOR EVALUATING THE ENVIRONMENTAL EFFECTS OF RF RADIATION
4
5. COMPARISON WITH STANDARDS...............................................................................................4
6. CONCLUSION......................................................................................................................................4
7. FCC LIMITS FOR MAXIMUM PERMISSIBLE EXPOSURE......................................................5
8. EXHIBIT A............................................................................................................................................6
9. FOR FURTHER INFORMATION.....................................................................................................7
10. REFERENCES..................................................................................................................................7
I
2
AT&T Wireless Services,Inc.
1. Introduction
' This report constitutes an RF exposure analysis for the proposed AT&T Wireless antenna facility to be located at
2990 Ellington Road, South Windsor CT 06074. This analysis uses site-specific engineering data to determine the
predicted levels of radio frequency(RF)electromagnetic energy in the vicinity of the proposed facility and compares
those levels with the Maximum Permissible Exposure(MPE)limits established by the Federal Communications
Commission.
2. Site Data
Site Name:
Number of simultaneously operating channels
Type of antenna
Power per channel(Watts ERP) Watts
Height of antenna(feet AGL) feet
Antenna Aperture Length feet
3. RF Exposure Prediction
The following equations established by the FCC,in conjunction with the site data,were used to determine the levels
of RF electromagnetic energy present in the vicinity of the proposed facility:
0.64*1.64*N*ERP(8)
PowerDensity = * (m WIC m2) Eq.1-Far-field
RZ
Where,N=Number of channels,R=distance in cm from the RC (Radiation Center) of antenna,and ERP(B) =The
power of a half wave dipole expressed in milliwatts in the direction of prediction point. This is the correct equation
for antennas which have their gain expressed in dBd.
P. /ch*N*103
PowerDensity= 2* *R*h*a/360 (m w/cm2) Eq.2-Near-field
Where Pilch=Input power to antenna terminals in watts/ch,R=distance to center of radiation,
h=aperture height in meters, a =3 dB beam-width of horizontal pattern.
RF exposure is measured and predicted in terms of power density in units of milliwatts(mW),a thousandth of a watt,or
microwatts(ill W),a millionth of a watt,per square centimeter(cm2). Data comparing predictive analysis with on site
measurements has demonstrated that power density can be effectively predicted at given locations in the vicinity of a wireless
antenna facility.
3
I AT&T Wireless Services, Inc.
i
4. FCC Guidelines for Evaluating the Environmental Effects of RF Radiation
In 1985,the FCC established rules to regulate radio frequency(RF)exposure from FCC licensed antenna facilities.
In 1996,the FCC updated these rules,which were further amended in August 1997 by a Second Memorandum
Opinion and Order.These new rules represent a consensus of the federal agencies responsible for the protection of
public health and the environment,including the Environmental Protection Agency(EPA),the Food and Drug
Administration(FDA),the National Institute for Occupational Health and Safety(NIOSH),and the Occupational
+ Safety and Health Administration(OSHA).
IUnder the laws that govern the delivery of wireless communications services in the United States,as amended by the
Telecommunications Act of 1996,the FCC has exclusive jurisdiction over RF emissions from personal wireless
antenna facilities,which include cellular,PCS,messaging and aviation sites.2 Pursuant to its authority under federal
law,the FCC has established rules to regulate the safety of emissions from these facilities.
5. Comparison with Standards
Exhibit A shows the levels of RF electromagnetic energy as one moves away from the antenna facility. As shown in
power density i Exhibit A,the maximum s mW/cm2 wh
ich occurs at feet from the antenna facility. The
o chart in exhibit A also shows that the power density is only mW/cm2 at a distance of j feet. Table 1 below
shows the Maximum Permissible Exposure(MPE)limits established by the FCC. There are different MPE limits for
public/uncontrolled and occupational/controlled environments.
Table 1:Maximum Permissible Exposure limits for RF radiation
Frequency Public/Uncontrolled Occupational/controlled Maximum power density at
Accessible location
Cellular .580 mW/cm2 2.9 mW/cm2 mW/cm2
PCS 1 mW/cm2 5 mW/cm2
The maximum power density at the proposed facility represents only of the public MPE limit for PCS
' frequencies.
6. Conclusion
This analysis show that the maximum power density in accessible areas at this location is mW/cm2,a level
of RF energy that is well below the Maximum Permissible Exposure limit established by the FCC.
2 47 U.S.C.Section 332(c)(7)(B)(iv)states that"[n]o State or local government or instrumentality thereof may regulate the
placement,construction,and modification of personal wireless service facilities on the basis of the environmental effects of radio
frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions."
4
, i
' AT&T Wireless Services, Inc.
1
1 8. Exhibit A
1
1
i
1
1
1
1
1
1
1
6
r rr rr rr rr rr r r r rr rr r rr r rr r �r rr it
10000 Uncontrolled MPE Result _t're'dlct'W'Ci—""r'D'en'
10000 Antenna System One
imit -
-00%of conolled MPE -- -'100%of Cntrolled Limit
- %of Ucntroled MPE -100%of Uncontrolled FCC Limit
—0 m(06 ft) - - -5%of UncontrolledFCC Limit
sity �0—(A ft)
1100 1000 �edicted Power Density
w 100 �E 100
o to 10
7
on o.1
NV
AAM0.01 0.01 _.
0.1 1 1 1000 10000 0.1 1 10 100 1000 10000
Horizontal0istance From antenna,k Horizontal Distance from Antenna,It
Antenna System One
Number of Antenna Systems: 1
Meets FCC Controlled Limits for The Antennas Systems. units Value
Frequency MHz 1945.00
#of Channels # 12
Meets FCC Uncontrolled Limits for The Antenna Systems. Max ERP/Ch Watts 250.00
Max Pwr/Ch Into Ant. Watts 5.86
Center of Radiator feet 102.00
Meets 5%of FCC Uncontrolled Limits for The Antenna Systems. Calculation Point feet M7250.03
(above ground or
roof surface)
No Further Analysis Required. Antenna Model No.Max Ant Gain dBd Down tilt de reesPower Density @Horiz.Dist. Miscellaneous Aft. dB W/cmz %of limitfeet Hei ht ofa erture feet MaximumPowerDensi = 0.000502 0.05 200.00 Ant HBW de rees1,992.97 times lower than theMPE limit for uncontrolled environment Distance to Ant_,n feet Composite Power ERP = 3,000.00 Watts WOS? Y/N?
Site ID:907-007.435 Performed By:Nader Soliman Ant System ONE Owner:AT&T
Site Name:South Windsor Water Tank Sector:3
Site Location:2990 Ellington Road Date:August 20,2002 Azimuth:2 0/1 4 012 4 0
South Windsor,CT 06074
Bechtel Confidential 6/20/2002 Page 1/1
' AT&T Wireless Services, Inc.
' 9. For Further Information
Additional information about the environmental impact of RF energy from personal wireless antenna facilities can be
' obtained from the Federal Communications Commission:
Dr.Robert Cleveland
Federal Communications Commission
Office of Engineering and Technology
Washington,DC 20554
RF Safety Program: 202-418-2464
Internet address: rfsafety@fcc.gov
RF Safety Web Site: www.fcc.gov/oet/rfsafety
10. References
1 The Communications Act of 1934 as amended b the Telecommunications Act of 1996 47 U.S.C. Section
Y >
332(c)(7)(B)(iv).
[2] Guidelines for Evaluating the Environmental Effects of Radio frequency Radiation,Notice of Proposed
Rulemakin ,ET Docket 93-62,8 FCC Red 2849(1993).
[3] Guidelines for Evaluating the Environmental Effects of Radio frequency Radiation,Report and Order,ET
Docket 93-62,FCC 96-326,adopted August 1, 1996.61 Federal Register 41006(1996).
' [4] Guidelines for Evaluating the Environmental Effects of Radio frequency Radiation,Second Memorandum
Opinion and Order,ET Docket 93-62,adopted August 25, 1997.
[5] Evaluating Compliance with FCC Guidelines for Human Exposure to Radio frequency Electromagnetic
Fields,OET Bulletin 65,August, 1997.
7
Dewberry-Goodkind, Inc. ENGINEERS-PLANNERS-SURVEYORS
' 59 Elm Street,Suite 101 •New Haven,Connecticut 06510-2047
Voice 203-776-2277 Fax 203-776-2288
www dewberry-goodkind.corn
' September 26, 2002
Mr. Romeo Ballesteros
' Bechtel Communications
210 Pomeroy Avenue
Suite 201
Meriden, CT 06450
Re: CT-435, Water Tank
2990 Ellington Road
South Windsor, CT 06074
Analyze Existing Structure
DGI#3247-02
' Gentlemen:
In accordance with our current agreement we are pleased to submit our structural evaluation of
' the above water tank with regards to attachment of proposed antennas and appurtenances(i.e.
cables, antenna mounts, etc.)
A site visit was performed on July 26, 2002. The existing 118'f high cylindrical type water tank is
constructed of steel sheeting. The tank has a reported storage capacity of 2,300,000 gals. From
an examination of the outside surface, there does not appear to.be deterioration of paint nor
' excessive visible signs of surface rust present on the side of the tanks. Routine maintenance is
recommended to be continued.
It is proposed to mount three (3) antenna sectors each containing two (2) individually mounted
antennas off the surface of the tank. The proposed centerline of the antennas is 102'f above
' grade. The antenna cables will be routed up the face of the tank to the antennas in a covered
cable tray.
' The existing water tank, if filled to capacity, weighs in excess of 19,000,000 lbs. This load is
carried by the tank foundation. Given that each antennas and mounts could weigh as much as
approximately 120 lbs., their contribution to the axial load is negligible and not significant.
In addition to the dead load, an induced wind load will also be applied to the tank. At the
proposed antenna location 102't above grade, the Connecticut State Building Code dictates that a
total wind load of 130 lbs. be applied to each antenna and mount. However, since the antennas
and mounts will be below the top of the tank, the increase in the projected area of the tank is
negligible; therefore, the additional wind load on the water tank due to the antennas and mounts is
also negligible.
Dewberry
Dewberry&Davis LLC • Dewberry Design Group Incorporated • Dewberry&Davis,Inc. • Dewberry-Goodkind,Inc. •TOLK,Inc. The key is Quality
Mr. Romeo Ballesteros -2- September 26, 2002
The proposed antenna mounts will be attached with corrosion resistant stud bolt type fasteners
capacitor discharge welded directly to the steel surface sheets of the tank. Each fastener has a
' tensile strength of 3,750 lbs. Each antenna will be mounted to the tank with a minimum of 8 stud
fasteners to accommodate the antenna mounting plates. The wind load applied to each stud is
approximately 17 lbs.
Based on the above facts, it appears the existing tank is structurally adequate to support the
proposed antennas, cables and mounts.
Should you have any questions, please contact our office.
Very truly yours,
' Dewberry-Good! igAl;XX,4p��
A Dewberry Company\\°`` �S= C d)y4,
Francis D. Kol*$'k�,, �'4 E21
Project Enginj�-� '."�'��Te�¢
s
cc: 3247-02
' I:\projects\3247a02\DOCS\Structural.doc
Dewberry-Goodkind, Inc.
The key is Quality
A10wM
Tlwvn 01 stnct�i
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
�OsoR.Co TELEPHONE (860) 644-2511
CERTIFIED MAIL
November 18, 2002
Daniel L. Leary, Esq.
Cuddy&Feder& Worby LLP
90 Maple Avenue
White Plains, NY 10601
Re: Appl #02-62P, AT&T Wireless
Dear Attorney Leary:
We are pleased to advise you that the Planning &Zoning Commission voted on November 12, 2002, to approve
with modifications the above referenced application for a Site Plan of Development and Special Exception to
Section XVI. This approval is for the construction for a wireless tower on existing water tower on property
located at 2990 Ellington Road, RR zone as shown on plans prepared by Dewberry-Goodkind, Inc., Job No.
3247-02 dated October 2, 2002, as revised. This approval is subject to the following modifications:
1. No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
2. An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.10 of the Zoning
Regulations.
Black and white transparent mylars of Sheet referred to as site layout plan and elevation view (Z02) with the
above modifications, together with three blueprint copies of the entire set of plans must be submitted to this
Commission within 30 days to be stamped and signed. The letter of approval of this Commission must be
reproduced on the mylars.
After the mylars have been signed by the Commission, they will be returned to you for filing in the Office of the
Town Clerk. . The attached Special Exception form must be completed and filed in the Town Clerk's office.
The special exception will take effect upon filing.
Sin erely,
Kevin McCann, Chairman
Planning and Zoning Commission
KMcC/kah RECEIVED
cc: Town Engineer 2002
Chief Building Official NOV 9
Assessor
Fire Marshal GUT N R N DEP
ENNGINEERING DEPT.
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Know YC, That we, FRANK NIEDERWERFER and ALICE L. NIEDERWERFER,
both of the Town of South Windsor, County of Hartford and State of
Connecticut
for the consideration of one and other dollars
received to our full satisfaction of •THE CONNECTICUT WATER COMPANY,
a Connecticut corporation having its principal place .of business
in the Town of Clinton, County of Middlesex and State of Connecticut
do give; grant, hargiin, sell and confirm unto the said THE CONNECTICUT WATER
COMPANY, its successors and assigns forever, a. certain piece or
parcel of land situated in the said Town of South Windsor, County
of Hartford and State of Connecticut, more particularly bounded and
desc ibed as follows:
Beginning at a point on the Westerly side of Ellington Road,
which point is at the Southeast corner of the premises herein
described and is at the Northeast corner of land formerly of the
grantors herein, now of one Waldron and Jones; thence from said
point of beginning, North-westerly along the Northerly line of land
of said �•daldron and Jones, a distance of seventy-one (71) feet more
or less to a point; thence TvTesterly along the Northerly line of
land of said Waldron and Jones, a distance of three hundred seventy- ;
one (371) feet more or less to a point; thence Northerly, forming an
interior angle of 90° with the last mentioned line, a distance of }
one hundred fifty-five (155) feet along other land of the grantors
herein to a point; thence Easterly, forming an interior angle of 90°
with the last mentioned line, a• distance of one hundred fifty-five
(155) :Feet along other land of the grantors herein to a point; thence
Southerly, forming an interior angle of 90° with the last mentioned
line, a distance of one hundred thirty (130) feet along other land
of the grantors herein to a point; thence Easterly, forming an in-
terior angle of 270° with the last mentioned line, a distance of ?,
two hundred twenty-two (222) :feet more or less along other land of
the grantors herein to a point; thence Southeasterly, parallel to '
the first described line, a distance of seventy-five (75) feet to
a point on the Westerly side of Ellington Road; thence Southwesterly
along the Westerly side of Ellington Road, a distance of twenty-five
(25) feet to the point and place of beginning. .
Said premises are subject .to any and all provisions of any ordinance, .
municipal regulation, or public or private law. ; ,
• 4
Being a portion of the premises described in a deed recorded in g'
Vol. 51, Page 393, of the South 4indsor Land Records.
N
As further consideration for this conveyance the grantee herein for .�
itself, its successors and assigns, covenants and agrees to and with
the grantors herein, their heirs and assigns, that it will erect and S
maintain a farm fence along the Northerly side of the premises herein -'
conveyed, extending from Ellington Road Westerly, a distance of two
i hundred ninety-seven (297) feet more or less; and further agrees
1
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val. 97 F,*',614
that said fence will have access gates for said grantors, their
twenty-five oot s ri
heirs and assigns to enter upon the (25) F strip
of land herein conveyed Sout:hcrl.y of said fence line.
The grantors herein for themselves, their heirs and assigns, reserve
the right -to pass and repass for any and all purposes over and across S
said twenty-five ('25) foot strip of land Southerly of said farm
fence to and from adjoining premises of the said grantors through
said access gates.
r:uy;;,,�\''�
,,
,ro itave. an(i to now the above granted and bargained premises, with the
appurtenances thereof, unto it the said grantee its
successors and assigns forever, to them and their own proper use and behoof.
And also, we the said grantors do for ourselves, our heirs,
executors and administrators. covenant with the said grantee its
+ successors, Firs and assigns, that at and until the ensealing of these presents,
we are well seized of the premises, as a good indefeasible estate in FEE SIMPLE;
and have good right to bargain and sell the same in manner and form as is above written;
and that the same is free from all incumbrances whatsoever, except as .hereinbefore men-
tioned.
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1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
°soR.Co� TELEPHONE(860) 644-2511
October 31, 2002
CERTIFIED MAIL
Town Clerk
Town of Ellington
55 Main Street
Ellington, CT 06029
Dear Madam/Sir:
Re: Notice to Adjoining Municipalities
In accordance with Connecticut General Statutes concerning notification to
municipalities regarding Planning & Zoning Commission applications that could affect
the abutting town, we hereby notify you of the application submitted by AT&T Wireless
PCS, LLC.
The applicant is requesting a Special Exception to Section XVI and Site plan approval for
the location of six panel antennas and unmanned equipment on property located at 2990
Ellington Road.
This application is scheduled to be heard by the Planning & Zoning Commission
November 12, 2002 at 7:30 p.m. in the Council Chambers of the Town Hall.
If you have any question, please feel free to contact the Planning Department at 644-
2511, ext. 252.
Very truly yours,
Michele R. Lipe, AICP
Assistant Director of Planning
MRL
R 3
CUDDY & FEDER & WORBY LLP
90 MAPLE AVENUE
WHITE PLAINS, NEW YORK 10601-5196 CUDDY&FEDFER
1971-1995
NEIL J.ALEXANDER(also CT) (914) 761-1300
CHARLES T.BAZYDLO(also NJ) TELECOPIER (914) 761-5372/6405 WILLIAM S.NULL
THOMAS R.BEIRNE(also DC) www.cfwlaw.com DAWN M.PORTNEY
THOMAS M.BLOOMER ELISABETH N.RADOW
JOSEPH P.CARLUCCI ELLS B TH N.
KENNETH J.DUBROFF NEIL500 FIFTH AVENUE RUTH E.ROTH
CHRISTRIMSKY
ROBER FEDER NEW YORK,NEW YORK 10110 JENNIFER L.VAN TUYL
ANTHONY B B. B.FISHER(also CT) 212 944-2841 CHAUNCEY L.WALKER also CA
ANTHO .GIOFFRE III(also CT) ( ) ( )
SUSAN E.H.GORDON TELECOPIER(212)944-2843 ROBERT L.WOLFE
KAREN G.GRANIK -
DAVID E.WORBY
JOSHUWAYNE .. ELLER( WESTAGE BUSINESS CENTER Of Counsel
WAYNE E.HEELER(also CT)
KENNETH F.JURIST 300 SOUTH LAKE DRIVE MICHAEL R.EDELMAN
MICHAEL L.KATZ(also NJ) FISHKILL,NEW YORK 12524 ANDREW A.GLICKSON(also CT)
JOSHUA E.KIMERLING(also CT) (845)896-2229 ROBERT L.OSAR(also TX)
DANIEL F.LEARY(also CT) TELECOPIER(845)896-3672 MARYANN M.PALERMO
BARRY E.LONG ROBERT C.SCHNEIDER
- LOUIS R.TAFFERA
STAMFORD,CONNECTICUT
NORWALK,CONNECTICUT
October 31, 2002
BY FEDERAL,EXPRESS
Planning and Zoning Department
Town of South Windsor
Town Hall
1540 Sullivan Avenue
South Windsor, CT 06074
Attn: Kelly Holmes
Re: AT&T Wireless PCS LLC
Wireless Telecommunication Facility- Special-Exception/Site Plan Approval
Premises: 2990 Ellington Road
Tax Id: Map 128, Lot 07
Dear Ms. Holmes:
On behalf of AT&T Wireless, enclosed please find an Affidavit of Service evidencing the
mailing on October 31, 2002 of the annexed Notice of Public Hearing to all property owners
abutting 2990 Ellington Road, South Windsor, Connecticut, together with the original stamped
Receipts for Certified Mail.
Please incorporate the enclosed as part of the official record of the proceedings. Thank
you for your assistance in this matter.
r Veryfily yours .
Lz
Linda Grant
C&F&W:318463.1
CUDDY & FEDER & WORBY LLP
October 31, 2002
Page 2
Enclosures
cc: Daniel F. Leary, Esq.
C&F&W.318463.1
AFFIDAVIT OF SERVICE
IN THE MATTER OF AN APPLICATION BY AT&T WIRELESS FOR SPECIAL
EXCEPTION/ SITE PLAN APPROVAL FOR PROPERTY LOCATED AT 2990
ELLINGTON ROAD, SOUTH WINDSOR, CONNECTICUT
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER )
LINDA GRANT, being duly sworn says: I am not a parry to this action, am over 18
years of age and reside in Valley Cottage, New York.
On October 31, 2002 I served a copy of the annexed Notice of Public Hearing by mailing
the same in a sealed envelope, certified first class mail with postage prepaid thereon, in a post
office or official depository of the U.S. Postal Service within the State of New York, addressed to
the property owners on the mailing list annexed hereto.
�Vx
Linda Grant
Sworn to before me this
3l'day of October, 2002
NOTARY PUBLIC
PATRICIA A. CUDDIHY
Notary Public, State of New York
No. 01 CU5085638
Qualified in Putnam County ZEDS•
Commission Expires September 29,
C&F&W:256117.1
C&F-124240.1
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that on November 12, 2002 at 7:30 p.m. a public
hearing will be held by the Planning and Zoning Commission of the Town of South
Windsor at the Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut, to
consider an Application submitted by AT&T Wireless regarding property located at 2990
Ellington Road in the Town of South Windsor, Connecticut. The Premises is designated
on the official Tax Assessment Map of the Town of South Windsor as Lot 07, Map 128.
The Premises is presently mapped in the RR District.
The Applications request Special Exception and Site Plan Approval to install a
wireless telecommunications facility on an existing water tank. The wireless
telecommunications facility will consist of panel antennas flush mounted to the water
tank and unmanned associated computer and electrical equipment cabinets located at
grade. The panel antennas will be painted to match the water tank and the associated
equipment cabinets will be located within the existing fenced compound surrounding the
water tank.
All those interested are invited to attend.
Dated: White Plains,New York
October 31, 2002
CUDDY & FEDER& WORBY, LLP
Attorneys for AT&T Wireless
90 Maple Avenue
White Plains,New York 10601
(914) 761-1300
C&FRW:318442.1
PROPERTY OWNERS ABUTTING 2990 ELLINGTON ROAD, SOUTH WINDSOR
Frank H. & Claire Niederwerfer Frank Niederwerfer
220 Niederwerfer Road 260 Niederwerfer Road
South Windsor, CT 06074 South Windsor, CT 06074
The Hartford Audubon Society, Inc. The Connecticut Water Company
PO Box 270207 93 West Main Street
West Hartford, CT 06127-0207 Clinton, CT 06413
John J. Felice&Ann T. Morrin Stephen J. &Elizabeth Wisneski
2974 Ellington Road 2985 Ellington Road
South Windsor, CT 06074 South Windsor, CT 06074
South Windsor Swim& Tennis Club Roger&Marybeth Thorpe
PO Box 534 2916 Ellington Road
South Windsor, CT 06074 South Windsor, CT 06074
Roger&Deborah Kirkman
98 Carson Way
South Windsor, CT 06074
tF&W:318440.1
I CUDDY&FEDER&WORBY ,,,„,0 ill'111 Uieck a.r 1rr>male hk)ck loi
1 � I( f Alhx tttnngr hrtm d i•v�,nr�rl:r:
Name and (J Regislered U Return Receipt
Address 90 MAPLE AVENUE Insured for Merchandise Registered Mail' certificate of pies ny or for
of Sender ❑Ini'I Recorded Del. ❑With Postal Insurance
additional copies oI this hill.
1NIIITE PLAINS,NY 10601 196ertified U Express Mail ❑Without Postal Insurance Postmark and Date of Receipt
Article Handling Act.Value Insured Due Sender R.R. S.D. S.H Rest.Del.Fee
Line Number Name of Addressee,Street,and Post Office Address Postage Fee Charge If Regis.) Value If COD Fee Fee Fee Remarks
I --
1 C c�`� aS Frank H. & Claire Niederwerfer
2 220 Niederwerfer Road
South Windsor, CT 06074
3
4 00o 1'530 L":�"'I ;
Ia QwA The Hartford Audubon Society, Inc.
5 PO Box 270207
West Hartford, CT 06127-0207
I �
6
a 7 �0�0 153 U t7ov i
c*s John J. Felice &Ann T. Morrin
8 2974 Ellington Road
U South Windsor, CT 06074
Q 9
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LL 1 1v$l - South Windsor Swim&Tennis Club
11 PO Box 534
South Windsor, CT 06074 ���
12 51� �.>
13 oe 153e 000►
a Roger&Deborah Kirkman
14 98 Carson Way
South Windsor, CT 06074
15
Total Number of Pieces Total Number of Pieces Postmaster,Per(Name of Receiving Employee) The full declaration of value is required on all domestic.and international registered mail.The maximum indemnity
Listed by Sender Received at P Office payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance
is$50.000 per piece subject to a limit of$500,000 per occurrence.The maximum indemnity payable on Express
/—( Mail merchandise insurance is$500.The maximum indemnity payable is$25.000 for registered mail, sent with
PJ optional postal insurance.See Domestic Mail Manual R900,S913,and S921 for limitations of coverage on insured
and COD mail. See International Mail Manual for limitations of coverage on international mail. Special handling
charges apply only to third and fourth class parcels.
PS Form 3877,February 1994 Form Must be Completed by Typewriter,Ink or Ball Point Pen
• CUDDY&FEDER&WORRY (,hack a, io male block lot
Name and IJ llagislemd U Return Receipt i I I AIhx slnnq,here d issual as
Address ' 90 MAPLE AVENUE Registered Mail: cerlific, ,of rnailinq or for
of Sender U Insured for Merchandise additional copies of this hill.
WHITE PLAINS,NY 10601 ❑Int'I Recorded Del. ❑With Postal Insurance
Certified I Ex ress Mail ❑Without Postal Insurance Postmark and Date of Receipt
Article Handling Act.Value Insured Due Sender R.R. S.D. S.H Rest.Del,Fee
Line Number Name of Addressee.Street.and Post Office Address Postage Fee Charge If Regis.) Value II COD Fee Fee Fee Remarks
\530 000 1
1 �gta3�5 Frank Niederwerfer
2 260 Niederwerfer Road
South Windsor, CT 06074
3
4 000 1530 000) :
lo$1 a ►43 i a The Connecticift Water Company
5
93 West Main Street
.M Clinton, CT 06413
6
;a — laina 4'�49 Stephen J. &Elizabeth Wisneski
0 8 2985 Ellington Road
South Windsor, CT 06074
a
9
L.
10 1-536 000i
1 a 33 Roger&Marybeth Thorpe
11 2916 Ellington Road
South Windsor' CT 06074
12
134/1
�' a
14
0
15
Total Number of Pieces Total Number of Pieces Postmaster.Per(Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail.The maximum indemnity
Listed by Sender Receive ost Office payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance
is$50,000 per piece subject to a limit of$500,000 per occurrence.The maximum indemnity payable on Express
Mail merchandise insurance is$500.The maximum indemnity payable is$25,000 for registered mail.sent with
optional postal insurance.See Domestic Mail Manual R900.S913,and S921 for limitations of coverage on insured
and COD mail. See International Mail Manual for limitations of coverage on international mail. Special handling
charges apply only to third and fourth class parcels.
PS Form 3877,February 1994 Form Must be Completed by Typewriter,Ink or Ball Point Pen
Application#02-62P, AT&T Wireless PCS, LLC
Planning Department Review Comments
1. Required checklist for site plans has not been submitted.
2. Have the required abutter notification letters been mailed? Provide a copy of the abutter letter
and list of abutters to whom sent.
3. Topographic map has not been provided(see zoning regulations section 8, Site Development
Plan). Topographic information can be included on the same map used for the site layout
plan.
4. Is there an existing driveway to this site? If yes, it must be shown. If no, is one proposed to
be constructed?
5. A-2 certification required on the site layout plan.
6. Easements must note grantor, grantee, and purpose.
7. Data block on front sheet needs to provide an explanation for the rear yard setback
requirement of 50 feet, provided only 20 feet.
OCT 1 g2002
CUDDY & FEDER & WORBY LLP 5«ll"I"11I'll;li)So ('J:A ;.;;PIC L7�:oI..
90 MAPLE AVENUE
WHITE PLAINS, NEW YORK 1 0601-51 96 CUDDY&FEDER
1971-1995
NEIL J.ALEXANDER(also CT) (914) 761-1300
CHARLES T.BAZYDLO(also NJ) TELECOPIEFR (914) 761-5372/6405 WILLIAM S.NULL
THOMAS R.BEIRNE(also DC) www.cfwlaw.com DAWN M.PORTNEY
THOMAS M.BLOOMER ELISABETH N.RADOW
JOSEPH P.CARLUCCI NEIL T.RIMSKY
KENNETH J.DUBROFF 500 FIFTH AVENUE RUTH E.ROTH
ROBERT FEDER NEW YORK,NEW YORK 10110 JENNIFER L.VAN TUYL
CHRISTOPHER B.FISHER(also CT)ANTHO (212)944-2841 CHAUNCEY L.WALKER(also CA)
SUSAN E.H.GORDONGIOFFE III(also CT) TELECOPIER 212 944-2843 ROBERT L.WOLFE
SUSAN . .RANIK ( ) DAVID E.WORBY
JOSHUKAREN G.GRANIK -
WAYNE J.GRAUELLER( WESTAGE BUSINESS CENTER Of Counsel
WAYNE E.HEELER(also CT)
KENNETH F.JURIST 300 SOUTH LAKE DRIVE MICHAEL R.EDELMAN
MICHAEL L.KATZ(also NJ) FISHKILL,NEW YORK 12524 ANDREW A.GLICKSON(also CT)
JOSHUA E.KIMERLING(also CT) (845)896-2229 ROBERT L.OSAR(also TX)
DANIEL F.LEARY(also CT) TELECOPIER(845)896-3672 MARYANN M.PALERMO
BARRY E.LONG ROBERT C.SCHNEIDER
LOUIS R.TAFFERA
STAMFORD,CONNECTICUT
NORWALK,CONNECTICUT
October 17, 2002
BY FEDERAL EXPRESS
Chairman Kevin McCann
and the Members of the Planning and Zoning Commission
(the "Commission)
Town of South Windsor
Town Hall
1540 Sullivan Avenue
South Windsor, CT 06074
Re: AT&T Wireless PCS LLC
Wireless Telecommunication Facility - Special Exception/Site Plan Approval
Premises: 2990 Ellington Road
Tax Id: Map 128, Lot 07
Dear Chairman McCann and Members of the Commission:
This letter is respectfully submitted on behalf of AT&T Wireless PCS LLC d/b/a
AT&T Wireless ("AT&T") in connection with the above-referenced application involving
AT&T's proposal to install a wireless telecommunication facility (the "Facility") on the
existing water tank located on the property at 2990 Ellington Road in the Town of
South Windsor ("Property").
The Property is located in the RR (Rural Residential) Zoning District, where a
wireless telecommunication facility is a permitted use, pursuant to Section 16.2 of the
Town of South Windsor Zoning Regulations (the "Regulations"), subject to special
exception/site plan approval.
C&F&W:317573.1
CUDDY & FEDER & WORBY LLP
October 17, 2002
Page 2
The AT&T Facility will consist of six (6) panel antennas and unmanned
equipment cabinets. The panel antennas will be mounted near the top of the existing
water tanks, but will not increase the height of the tank. Each panel antenna is 61.3" in
height, 6.3" in width, and 2.2" in depth and will be painted to match the water tank. The
panel antennae will be mounted in three (3) sectors (2 per sector) near the top of the
existing water tank, at approximately 104.5' AGL, but will not increase the height of the
water tank itself, which is about 120' AGL The proposed unmanned equipment cabinets
will be located on a 6' x 10' concrete pad located within the existing water tank
compound. By locating its Facility on the existing water tank, AT&T has chosen one of
the Town's highest preferred locations for new wireless facilities. See Sections 16.2 of
the Regulations. Due to the limited nature of this project, it will have a de minimis
impact on the surrounding neighborhood.
In support of its application herein, AT&T respectfully submits eight (8) copies of
the following:
1. Completed Town of South Windsor Planning and Zoning Commission
Application Form.
2. A Memorandum in Support of AT&T's Application for Special Exception/Site Plan
Approval, with the following Exhibits annexed thereto:
A. Completed Application Form;
B. Photosimulations of the Facility, prepared by Dewberry-Good kind, Inc.;
C. Lease agreement between AT&T and The Connecticut Water Company
(the Property owner);
D. Radio Frequency Engineer Report prepared by Nader Soliman, with the
following sub-exhibits:
Exhibit (1): Copy of AT&T's FCC license;
Exhibit (2): Signal Propagation Map depicting AT&T's coverage in the
Town from the proposed Facility with coverage from existing
Sites; and
Exhibit (3): Signal Propagation Map depicting AT&T's current coverage
in the Town without the proposed Facility.
C&F&W:317573.1
4
CUDDY & FEDER & WORBY LLP
October 17, 2002
Page 3
E. Health and Safety Emissions Report prepared by Bechtel
Telecommunications, dated August 20, 2002 concluding that the radio
frequency emissions associated with the Facility will comply with all
emissions standards promulgated by Federal law; and
F. Structural Letter/Report, dated September 26, 2002, prepared by
Dewberry-Good kind, Inc.
Also find enclosed eight (8) sets of signed, sealed site plans prepared by
Dewberry-Goodkind, Inc, consisting of sheets T01 and Z01-Z04, dated October 2, 2002.
Additionally, we have attached a check payable to the Town of South Windsor in
the amount of$130.00 constituting the application filing fee for this matter.
Should you have any questions concerning this application, or need any
additional information, please do not hesitate to contact the undersigned. Thank you for
your consideration and attention to this matter.
Re pe ully yours
Daniel F. Leary
DFL/rm
encls.
cc: Ruby Wetzel, Bechtel Telecommunications
Joanne Desjardins, Pinnacle Site Development (w/o encls.)
Christopher B. Fisher, Esq. (w/o encls.)
C&F&W:317573.1
MEMORANDUM
TO: TOWN CLERK
FROM: YIYl
SUBJECT: DISQUALIFICATION
DATE: I( - (a-
BY MEANS OF THIS MEMORANDUM,I AM DISQUALIFYING MYSELF FROM ANY/ALL
PARTICIPATION IN MATTERS CONCERNING:
APPLICATION NO. P
NAME OF PROJECT �T }T w t k tt-5.> Tee d
REASON FOR DISQUALIFICATION T D W A) 14- b C"
A0-t 00I o f 7"i41 5 5-ro c c{ 0Q t Tc) T-H t l v?
S Pi IQ OF F 17 o
SIGNATURE OF COMMISSIONER
T10-Wn 07-/ s0tdA V&Zd410�t
s �-
�, 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
SOS It.co TELEPHONE(860) 644-2511
CERTIFIED MAIL
x
November 18, 2002
Daniel L. Leary, Esq.
Cuddy&Feder&Worby LLP
90 Maple Avenue
White Plains, NY 10601
Re: Appl #02-62P, AT&T Wireless
Dear Attorney Leary:
We are pleased to advise you that the Planning &Zoning
g Commission voted on November 12, 2002, to approve
with modifications the above referenced application for a Site Plan of Development and Special Exception to
Section XVI. This approval is for the construction for a wireless tower on existing water tower on property
located at 2990 Ellington Road, RR zone as shown on plans prepared by Dewberry-Goodkind, Inc., Job No.
3247-02 dated October 2, 2002, as revised. This approval is subject to the following modifications:
1. No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
2. An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.10 of the Zoning
Regulations.
Black and white transparent mylars of Sheet referred to as site layout plan and elevation view(Z02) with the
above modifications, together with three blueprint copies of the entire set of plans must be submitted to this
Commission within 30 days to be stamped and signed. The letter of approval of this Commission must be
reproduced on the mylars.
After the mylars have been signed by the Commission, they will be returned to you for filing in the Office of the
Town Clerk. . The attached Special Exception form must be completed and filed in the Town Clerk's office.
The special exception will take effect upon filing.
Si cerely,
Kevin McCann, Chairman
Planning and Zoning Commission
KMcC/kah
cc: Town Engineer
Chief Building Official
Assessor
Fire Marshal
PLANNING DEPARTMENT
IN-HOUSE REFERRAL FORM
T0: Matt Galligan, ; lichael Gantick, Thomas Field,Bill Canning, Kris Lindstrom,
Ray Favreau, Karl Reichle, Mel Stead, John Collins, Bob Deptula,Jeff Doolittle
FROM: Marcia A. Banach, AICP, Director of Planning
The Planning &Engineering Departments have received.plans for the following project:
Location:l,,,O(
Site Plan O Subdivision No. Acres Zone-
0 Industrial Commercial O Residential No. Lots/Units
Water: O Public O Private Well Sewerage: O Public O Septic system(s)
Project Description: C,� t� ,f'71 1 1-(
Future Town-owned property involved? O Yes A'No
O new street(s) O new detention area
O neiv open space;recreation area O active O passive
Planning Department notes:
Please comment by ` X Lo Z and return to the Planning Department.
_YLO �Im�
AT&T Wireless Telecommunications Tower
1. Request for site plan and Special Exception an AT&T Facility that will consist
of 6 panel antennas and associated equipment on the existing water tower at
2990 Ellington Road, RR zone.
2. The site improvements include the addition of a 6X 10 concrete pad to
accommodate the unmanned equipment cabinets. The site is currently enclosed
within a fenced area.
3. There are no regulated wetlands on site.
4. Proposed height of the panel antenna's is 104.5 feet up the water tower; the
current height of the water tower is 120+/- feet; Out regulations allow towers up
to 175 feet allowed. The panels and associated wiring will be painted to match
the existing water tower.
5. Special Exception criteria to consider for the construction of a tower include:
♦ There will be minimal adverse effects on uses in the area;
♦ Surrounding property values will be conserved and the character of the
neighborhood will not be unduly disrupted;
♦ The land is physically suited for such use and minimal adverse
environmental and aesthetic impacts are created, including but not limited to
whether alternate sites were exhausted; what lies within the fall zone of the
tower; existence of endangered species; whether other development is being
proposed or considered at or near the site; effect on bird habitats; and length
of access road; and,
♦ Public health and safety will not be adversely affected.
6. Location preferences in the TCC regulation are (1) on existing structures such
as buildings, water towers and utility poles, or existing/previously-approved
towers; (2) on new towers with visual mitigation in commercial and industrial
districts; and (3) on new towers located in commercial or industrial zones.
There are three lower-priority categories also, including residential zones.
7. General site requirements include:
• Towers must be painted non-contrasting blue, gray or black;
Towergsall die des gfied to,eollap e-uparf the-�iselves;,
• Any pole over 150 feet must accommodate at least two additional users;
and
• All utilities must be installed underground;
8. Submittal requirements include a report from a licensed engineer indicating
that the proposed wireless site will comply with the emission standards of the
FCC for non-ionizing electromagnetic emissions; this report was submitted
with the application. This information has been submitted. r/-L�C,-r( 4 �
9. A Special Exception for a telecommunications facility is granted for an initial
five-year period. Permit renewals can be granted upon submittal of a request
by the owner; renewal does not require a new application or public hearing.
The regulations require that tower construction commence within one year
from the date of approval. There is also an abandonment clause in the zoning
regulations that requires removal of the facility within 90 days from the date
of abandonment and restoration of the area to its previous appearance.
If this application is approved, the Planning Dept. has no additional modifications.