Thank you!
Your support is sustaining the future of local news in our communities.

Telecom Reg’s Best Kept On the Books

When Connecticut land-use commissions update their regulations, it seems like a no-brainer to jettison old telecommunications regulations adopted decades ago during a short-lived period when municipalities had authority to regulate second generation (2G) transmissions prior to the Connecticut Siting Council (CSC) being ordered by a state court in 2000 to regulate all cell tower infrastructure as “functionally equivalent” services.

It is far better to update those regs instead, especially for macro-towers given new technologies like small cells. Even though only ‘advisory’ to the CSC, the preferences of towns by law must be taken into consideration in CSC decision making. Detailed telecom regs – not just a general wish list -- are evidence that a town has put considerable thought into where they prefer such infrastructure be sited without prohibiting service that many – though not all – citizens want and that first responders rely on for public safety.

Such regs come in handy when egregious tower sites are proposed in sensitive areas, typically on private land. The regs are a town’s first line of defense, especially when cross referenced to plans of conservation and development, P&Z regulations, and wetlands setbacks. They identify how/where the town plans to intersect with the CSC process. They are also a roadmap for service providers regarding preferred sites and sometimes less neighborhood contention. In fact, to have no telecom regs can weaken a town’s rights to protect environmental, scenic, and historic assets, and serve up whole neighborhoods to unnecessary overlapping coverage and corporate overreach. Such regs are unique to every town and should not follow anyone else’s boiler plate, especially industry’s.

Connecticut is the only state that has a centralized siting entity for cell towers. The good news is that applicants must prove need for new tower sites in an evidentiary proceeding and any decisions have the weight of the state behind them. The bad news is that the CSC used to be far less industry-friendly and rote in their reviews, which now resemble a check list. There is an operative assumption at CSC that if an applicant wants a tower, they must need it, otherwise why spend significant money to run the approval gauntlet? This reflects a subtle shift over the years at CSC from sincere willingness to protect the environment toward minimal tweaking of bad applications with minor changes. The bottom line is that towns really cannot rely on the CSC to do all the work for them.

What CSC issues telecom providers is a “certificate of environmental compatibility” after an evidentiary proceeding (not unlike a court case) with intervenors, parties, expert witnesses, and the service provider’s technical pro’s sworn in and subject to cross examination. Service providers get to do the same with any opposition from intervenor/party participants – like towns and citizens -- and their experts. It’s an impressive process whose ultimate goal is the fine balancing between allowing adequate/reliable public services and protecting state ecology with minimal damage to scenic, historic, and recreational values. They unfortunately often fall short of their mandate – like approving cell towers with diesel generators over town aquifers -- evidenced by CSC only rejecting about five cell towers in the past 15-20 years.

The CSC was founded in 1972 and clarified its mission in the 1980’s to prevent the state from being carved up willy-nilly by gas pipelines, high tension corridors, and broadcast towers. With the sudden proliferation of cell towers beginning in late 1990’s, it became the most sued agency in Connecticut by both an arrogant upstart industry if applications were denied and by towns/citizens when bad sites were forced on them. CSC gradually formed a defensive posture that drives their decisions toward industry with deeper pockets and attorneys on retainer.

For citizens, nothing can wreck one’s day like the CSC. It behooves towns to protect what little toolkit they have, and understand the legal parameters of the CSC’s playing field. The CSC is not a “normal” government agency where municipal/citizen redress is based on logic and local support. Their process is largely immune to everything but specific kinds of evidence – like town regs with setbacks/fall zones, radio frequency transmission signal strengths, sensitive areas identified, and detailed wildlife inventory, among others.

There is a current cell tower fight involving two intervening towns -- Washington and Warren; both with good cell tower regs – over a tower site within 1200’ of a Montessori School, near Steep Rock’s nature preserves with comprehensive geology/wildlife databases that include endangered, threatened and special concern flora and fauna, on established federal/state migratory bird flyways, within throwing distance to a historic site capable of being listed on the Underground Railroad, and with an access road on a blind curve entering a state highway that will permanently damage wetlands, vernal pools, and core forests. There are well credentialed environmental experts, including Dr. Michael Klemens, former chair of Salisbury’s P&Z, as well as the former director of migratory bird management at the US Fish and Wildlife Service, and an RF engineer testifying to alternative approaches, plus three attorneys representing intervenors. It is the most professional challenge I have seen at CSC since Falls Village successfully mounted one that protected Robbins Swamps several years ago.

The hearing is ongoing, with uncertain results. To see what it takes today to stop an inappropriate tower siting, see Docket #543 under “Pending Matters” at https://portal.ct.gov/csc before removing local cell tower regs – the lowest hanging fruit that any town can possess in case it’s needed.

B, Blake Levitt is the Communications Director at The Berkshire-Litchfield Environmental Council. She writes about how technology affects biology.

The views expressed here are not necessarily those of The Lakeville Journal and The Journal does not support or oppose candidates for public office.

Latest News

Lelah M. Somers

Lelah M. Somers

DOVER PLAINS — Lelah M. Somers, 97, a longtime Dover Plains, New York, resident, passed away peacefully on Saturday, Oct. 10, 2026, at Ferncliff Nursing Home in Rhinebeck, New York. Lelah was born on July 3, 1929, in Pawling, New York, to the late Byron and Lelah (Watts) Brill. Lelah grew up in Pawling and on Nov. 22, 1946, in Pleasant Valley, New York, she married James F. Somers, Sr. Mr. Somers passed away on Sept. 3, 1970. Lelah worked for New York State as a therapy aide for thirty-years and as a senior companion for New York State for thirty-two-years, with specific care provided to the mentally disabled.

She enjoyed taking care of the mentally disabled, was a wonderful mother to her four children, always putting her family first. She is survived by her son, James F. Somers, Jr. and his wife Donna of Dover Plains; two daughters, Doreen Monica of Wingdale, and Frances “Fran” Horton of Dover Plains, who was also her caregiver for many years; seven grandchildren, Debbie, Margie, Leah, Stephanie, Deirdra, Benji and Jimmy and several great grandchildren and great-great grandchildren, and many nieces and nephews, and her step-son, Kenny Elliott. In addition to her parents and husband, Lelah was predeceased by her daughter and son-in-law, Carol “DeeDee” Maile and Gil Maile, her son-in-law, Stephen Monica, and her son-in-law, Benny Horton as well as her companion of over forty-years, Andrew “Mac” McAlravey and her siblings, Ferris Brill, Eleanor Barryann, Richard Brill, William Brill and Barney Brill.

Keep ReadingShow less

The art of getting into art school

The art of getting into art school

Hudson Valley Regional Portfolio Day returns to Poughkeepsie.

Provided

For a young artist considering college, the question isn’t simply whether the work is good enough. It’s which work to show, which school might be the right fit and even whether a creative life can lead to a sustainable career.

On Friday, Oct. 16, hundreds of aspiring artists will have the opportunity to explore those questions at Hudson Valley Regional Portfolio Day, presented by The Art Effect at the MJN Convention Center in Poughkeepsie.

Keep ReadingShow less
A colorful life together at Atelier Valla

Textile designer Justine Valla sits in her father’s chair, which she painted, alongside her husband, illustrator and muralist Victor Valla, in their Atelier Valla studio.

L. Tomaino
I lost the ability to paint after the accident. I struggled to paint again.
— Justine Valla

Husband and wife Victor and Justine Valla share a lavender and pink studio, Atelier Valla, across the driveway from their pink house, nestled into a hillside in Salisbury. The colors, said Justine, “were inspired by Monet’s house at Giverny.”

Creating art has been a lifelong pursuit for both.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

David Ruchman’s “Acquired Taste”

Filmmaker David Ruchman

Bleacher and Everard Photography

In a region known for its vibrant but geographically scattered arts community, discovering something new can require a little effort. The same might be said for finding a new place for an extraordinary meal. While the Northwest Corner, Berkshires and Hudson Valley have no shortage of creative talent, opportunities to experience it — whether on a stage, in a gallery or on a plate — aren’t always just around the corner.

In David Ruchman’s short film “Acquired Taste,” that challenge becomes the premise for an unlikely friendship between Nick, an aspiring young food critic living in an area with limited dining options, and a gruff New York City master chef.

Keep ReadingShow less
Follow the Clay Way for ceramic delights

Jane Herold’s beautifully simple dinnerware.

Provided

As the leaves across Litchfield and Dutchess counties rush to make it to the ground, your last chance to peep autumn is fast approaching. On Oct.17 and 18, the 10th annual Clay Way offers peepers a route to follow lined with unique art that rivals the area’s natural beauty.

The two-day event is a ceramics-focused open studio tour through northwestern Connecticut, with a few studios peppered in just over the border in Dutchess County. Featuring nine open studios and 25 participating artists, the tour promises a wide variety of work, from decorative objects to grand vessels and a whole world in between.

Keep ReadingShow less
A new home for the unexpected at Kent Fine Art

CAMERON (1922-1995) is on view at Kent Fine Art in Pine Plains through Nov. 14.

Provided

Where can one find the work of an artist associated with occult rituals, surrealist visions and the underground California art scene? In a beautifully renovated former carriage house in Pine Plains, of course.

Unexpected discoveries are, after all, part of what Doug Walla has spent his career making possible. The longtime New York City art dealer and founder of Kent Fine Art, has brought the work of Marjorie Cameron Parsons Kimmel, known simply as Cameron, to his new gallery space. The exhibition, on view through Nov. 14, introduces visitors to an artist whose life and work moved between mysticism, poetry, film and the avant-garde.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.