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SBA began investigating possible sites on the farm of Lewis Tanner, a former selectman who leased part of his land to the company, approximately two years ago. SBA proposed constructing a 160-foot-tall monopole tower on a section of the farm near the Washington town line.
This proposal proved controversial from the beginning, in part because at least one of the two Rabbit Hill locations came with a legal dilemma. In 1996, Mr. Tanner-who could not be reached for comment this week-and his wife, Truda, sold to the state the development rights on 182 acres of land. In that conveyance, the Tanners and the state agreed to "prohibit development ... for residential, commercial and/or industrial use."
In response to that claim, SBA cited Section G of the Public Utility Environmental Standards Act, which seems to allow development of cell towers, even on restricted land, so long as "the facility will not result in a material decrease of acreage and productivity of the arable land."
Nevertheless, the company began exploring a second Tanner farm site, one that is unprotected and thus wouldn't interfere with the conveyance of development rights.
Last month, the Siting Council opened its first public hearing on the application. But in a subsequent letter dated May 26, Ms. Larson indicated her client had begun exploring another site, at 49 Couch Road, that has already been leased to Verizon. This week, SBA officially announced its plans to abandon the Rabbit Hill Road sites for the new site less than a mile away.
According to the tax assessor's records, 49 Couch Road is actually in Washington and is listed for sale by Hawk's Nest Land, LLC. However, the property does stretch into Warren. Wherever the tower would sprout, it would affect the views from both towns, and based on law, Washington and Warren must be kept abreast of all movement in the case.
While municipalities may offer input, the federal Telecommunication Act of 1996 hinders state and local land use boards' ability to prohibit cell phone towers. The decision is largely left to the Siting Council.
Some people favor having a tower in this area, where cell service is often spotty.
Washington First Selectman Mark Lyon previously told The Litchfield County Times that cell phones are gradually becoming more of a utility than a luxury. Warren First Selectman Jack Travers chose to stay "neutral" on the matter.
But there have been strong objections to the tower location, and not just from neighbors but from Connecticut Attorney General Richard Blumenthal.
In a June 1 letter to the council, Mr. Blumenthal stated that the first site location is owned not by Mr. Tanner but by the state, and Connecticut "has not granted permission for the SBA proposal." The letter goes on to say that both of the Rabbit Hill Road sites "are proposed to be located in an area with scenic vistas relatively unspoiled by development. The location of towers and associated infrastructure will forever damage the character of the area without offering any commensurate benefit to the community of the state.
"I urge the Siting Council to reject this proposal and communicate to the applicant the council's desire that an alternate site be proposed that will not despoil the landscape or interfere with the property rights of Connecticut."
Ms. Larson would not comment on whether Mr. Blumnethal's position was a factor in searching for an alternate site. However, SBA first indicated interest in the alternate site a week before Mr. Blumenthal sent his letter.
Now that SBA and Verizon are investigating this new site, it seems the process will start again from the beginning. This means before any more hearings on the matter, SBA must issue another technical report to Warren and Washington and allow both towns 60 days to respond.
