The Register Citizen (Torrington, CT)
Kent residents appeal ‘monstrous’ cell tower decision
Petitioners to Conn. Siting Council argue it would ruin the area’s scenic views
KENT — Two local organizations have taken to court their fight against what residents have called a “monstrous” proposed cell tower.
The residents argue the tower would ruin scenic views and call for the court to reverse the state Siting Council’s approval of the 150- to 175-foot cell tower at either 93 Richards Road or 38
Bald Hill Road.
The Planned Development Alliance of Northwest Connecticut, a nonprofit, and Spectacle Ridge Association, a homeowners group, filed the appeal last week at the Judicial District Court in New Britain.
The Siting Council granted a certificate last month to Homeland Towers and New Cingular Wireless — also known as AT&T — to construct, maintain and operate the tower.
The two organizations claim the council’s decision was “unlawful and reasonably likely to impair scenic viewshed resources of the state.”
The development alliance is a nonprofit whose members include Kent residents with property “within the visual corridor of the tower,” while Spectacle Ridge is a homeowners association whose members own property that would either be in close proximity to the proposed tower or have “direct views” of it, according to court documents.
Improving service
The 6.82-acre Richards Road property and 1.99-acre parcel of Bald Hill Road land were selected as candidate sites for a tower based on feasibility, according to a technical report from AT&T and Homeland.
The companies claim that a telecommunication facility at either site would bring “reliable wireless communications services” to the central portion of town, where such coverage does
not exist. It would also provide a broadband network dedicated to emergency personnel and first responders.
“The proposed tower at either candidate site will bring the required coverage to significant portions of Route 341 (Segar Mountain Road), Richards Road, Bald Hill Road, Stonefence Lane, Spectacle Road and the residential neighborhoods and business/retail areas near the proposed tower location,” the technical report states.
Numerous residents opposed the proposed tower, citing concerns about the preservation of Kent’s natural, rural aesthetic, during a December 2019 public hearing held two months before the companies applied to the Siting Council.
More than 1,300 people have signed a Change.org petition started by a Spectacle Ridge member to stop the construction of the “monstrous” tower.
The petition states the tower would be visible from all of Lake Waramaug, Kent Hollow, Ore Hill valley and parts of Washington.
“The views from every surrounding Land Trust’s hike of any elevation would be ruined by this tower,” writes Matthew Sippel, who created the petition. “We advocate relocating this proposed cell tower from the scenic ridge line where it will be seen from all surrounding towns, to a less visible, more appropriate site.”
In the appeal complaint , the organizations accuse the council of of disregarding its responsibility to balance environmental compatibility and protection with public need for
wireless services. The council failed to consider small cell technology “a feasible and prudent alternative” that they say would have “minimal visual impact,” the complaint states.
The organizations claim the council’s decision was unlawful because during its Dec. 3 meeting, one of its members indicated “a preference for a tower even before having reviewed the record” and voted in favor of the application.
“Given that the vote on the Council’s decision was a vote of 4 in favor to 3 against, the approval would have failed had this member properly recused himself from the vote,” the complaint states.
The appeal isn’t the only court matter the Siting Council is dealing with.
Court records show the council is involved in several active civil lawsuits — including one filed in 2019 by the town of New Milford to appeal its decision to approve a development and management plan for a solar power facility near the Rocky River electrical substation on Route 7.
Homeland and AT&T are trying to construct a nearly 200-foot cell tower in nearby Sherman that they say will provide 4G LTE service to the southern part of town and address gaps in public safety emergency communications coverage in the area.
While some Sherman residents raised aesthetic, health and other concerns about the tower during a virtual public information forum two months ago, a majority of attendees said they support it for reasons ranging from safety to convenience and quality of life.