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SOUTHOLD TOWN BOARD
PUBLIC HEARING
October 23, 2007
7:35 PM
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been
presented to the Town Board of the Town of South old, Suffolk County, New York, on
the II th day of September, 2007 a Local Law entitled "A Local Law to Establish a
Minimum Heil!:ht for Operations of Aircraft Over Town Limits" AND
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 23rd day of October, 2007 at 7:35
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law to Establish a Minimum Heil!:ht for
Operations of Aircraft Over Town Limits" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law to Establish a Minimum Heil!:ht for Operations
of Aircraft Over Town Limits".
BE IT ENACTED by the Town Board of the Town of South old as follows:
I. Purpose.
It is the purpose of this Chapter to preserve and promote the health, safety and
general welfare of the inhabitants of the Town of South old without prohibiting the safe
passage of aircraft through and above the Town. This Chapter is designed to prevent the
operation of aircraft passing through the air boundaries of the Town and which aircraft
neither takes off or lands within the Town, from annoying inhabitants and from creating a
public nuisance. The enactment of this Chapter is intended to have the effect of
providing additional enforcement of the provisions of New York State's General
Business Law Article 14. The land area that comprises the Town of South old is a
congested area and the operation of helicopters below the legal limit set forth in Section
245(2)(b) of the General Municipal Law are presumed to be a hazard to persons and
property on the surface and constitute careless and reckless operation and this Chapter is
intended to prohibit such operation.
II. A new Chapter 80 of the Code of the Town of South old is hereby adopted as
follows:
Minimum Height for Aircraft Public Hearing
October 23, 2007
&80-1 Careless and Reckless Operation. It shall be unlawful to operate or for the
owner to permit the operation of anv type of aircraft in a careless or reckless manner so
as to endanger the life or propertv of others.
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&80-2. Minimum Safe Altitudes. It shall be unlawful to operate or for the owner to
permit the operation of anv type of aircraft over the legal limits of the Town of Southold.
which is a congested area as that term is used in New York State's General Business Law
Article 14. below an altitude of one thousand feet above the highest obstacle within a
horizontal radius of two thousand feet from the aircraft. The operation of aircraft below
this minimum altitude is presumed to be hazardous to persons and propertv on the
surface.
&80-3. Exceptions. This Chapter shall not applv to:
(a) aircraft used exclusivelv in the governmental service of the United States.
or exclusivelv in the service of the National Guard of New York State;
(b) aircraft that has taken off or landed within the Town of Southold between
such time as it has passed into the airspace above the Town of Southold and out of
the airspace above the Town of South old; and
(c) aircraft being used exclusivelv for agricultural operations.
&80-4. Penalties. A person who violates the foregoing provisions shall be guiltv of a
misdemeanor and punishable bv a fine of not more than one thousand dollars ($1.000.00)
or by imprisonment for not more than ninetv davs. or both.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be
adjudged by any court of competent jurisdiction to be invalid, the judgment shall not
affect the validity of this law as a whole or any part thereof other than the part so decided
to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of
State as provided by law.
I have here a memorandum from the Planning Board, who has reviewed this proposed
law and the Planning Board's comments are as follows: 'Thank you for your request for
input from the Planning Board. The Planning Board recommends the following addition
to this law: Exceptions: (they propose adding another exception) That the law shall not
apply to rescue aircraft or aircraft involved in emergency actions.' I have a notice that it
has appeared on the Town Clerk's bulletin board outside and we have a legal notice from
an actual newspaper, taped right to the back here showing that it has appeared in the
Suffolk Times newspaper. I have also a short environmental assessment form properly
filled out and signed on the bottom and finally a letter from the Federal Aviation
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October 23, 2007
Association dated October 23. 'Dear Supervisor Russell, It has come to the attention of
the Federal Aviation Administration that the Town of Southold is considering regulating
the use of the airspace above the Town. Such an action would constitute regulation of the
airspace, a field that has been preempted by the Federal Aviation Act of 1958. While
there is no express preemption provision with respect to airspace management, the field
of airspace management and noise control is preempted, through conflict or field
preemption. As the Supreme Court notice in City of Burbank v. Lockheed Air Terminal,
Inc., 411 US 637, 93 S.Ct 1854,36 L.Ed 2 d 547 (1973), Congress has given the FAA
exclusive responsibility for the field of airspace management. Id. At 626-627, see also 49
USC section 40103 A and B. IN holding that with respect to airspace management
federal law preempts state law, the Court in Burbank noted the pervasive nature of
federal regulation, quoting Justice Jackson, 'Federal control is intensive and exclusive.
Planes do not wander about in the sky like vagrant clouds. They move only by federal
inspection, in the hands of federally certified personnel and under an intricate system of
federal commands.' City of Burbank, at 633-634. The court also endorsed the position
of the Secretary of Transportation that 'The courts have held that the Federal government
presently preempts the field of noise regulation insofar as it involves controlling the flight
of aircraft.' Id. at 635. Recently in 1998, the second circuit following City of Burbank
found local regulation of airspace preempted. The City of New York attempted to
regulate the path of flight for helicopter sightseeing tours. In holding the regulation to be
preempted, the second circuit stated: 'The City claims the invasive nature of helicopter
noise justifies. ..restricting sightseeing routes... This argument... .evidences a
misunderstanding of aviation law. Congress, the Supreme Court and we have
consistently stated that the law controlling flight paths through navigable airspace is
completely preempted. See e.g. Concorde I, 558 F. 2d at 83 (British Airways Bd. v. Port
Authority of NY and NJ., 558 F. 2d 75 (2d Cir. 1977) Helicopter Corp. of America v.
City of New York 137 F. 3d 81, 91-92 (2d Cir. 1998) The FAA is committed to working
with local municipalities and citizens to deal with noise issues, however, it is not always
possible to decrease or eliminate aircraft noise in any area. Manny Weiss, the regional
administrator of the FAA's eastern region, is available to facilitate meetings on noise
issues. You can contact him at 718-553-3000. I you would like to discuss the contents of
this opinion, please contact Mary McCarthy of my staff at 718-553-3259. Sincerely,
Alfred R. Johnson, Jr. Deputy Regional Counsel.' And I believe those are the only
notices for this public hearing.
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SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board
on this issue?
ROBERT GROTELL: Good evening Supervisor Russell and members of the Southold
Town Board. My name is Robert Grotell and I am the special advisor to the Eastern
Region helicopter council, the northeast's premier helicopter trade organization. For over
25 years, we have continually promoted safety, professionalism, efficiency and
community compatibility among our many helicopter and heliport related members. I
want to thank you for the opportunity to testify before you this evening regarding
Southold Townships proposed local law to establish a minimum height for operations of
aircraft over town limits. The Eastern Region Helicopter Council is deeply concerned
Minimum Height for Aircraft Public Hearing
October 23, 2007
and strongly objects to your proposed local law that would in part preclude any aircraft,
and specifically helicopters, from operating below 1,000 feet or any other altitude over
the Township. This local law sends the wrong message to your constituents because it
gives false hope to those in need of real solutions. This law is simply not the answer.
Regulating the nation's airspace, which includes the skies above Southold Township,
falls under one agency and one agency alone, the Federal Aviation Administration. Upon
its establishment in 1958, Congress granted the FAA exclusive jurisdiction and control of
the National Airspace System to ensure a uniform set of rules and regulations are
consistently applied throughout the country to avoid the very confusion and conflicts that
your local law will create. hnagine the chaos that would result from the patchwork set of
rules if every township, county, city or state established and enforced its own airspace
regulations each directing pilots how and where to fly their aircraft. Such a system
cannot and will not work. In short, the FAA Act of 1958 preempts Southold Township
from enforcing the provisions described in your local law. This is not just our opinion,
but also that of the FAA's Office of Regional Counsel. We strongly suggest that the
Township contact the FAA directly for further clarification on this matter, a dialogue that
we would be happy to facilitate. Southold's helicopter noise issues are directly related to
this past summer's modification of East Hampton Airport's voluntary noise abatement
procedures. Passing your local law will do nothing to address the root issue and the very
concerns that Southold Township residents expressed to EHRC at your October 9th public
meeting on helicopter noise. Instead, let's work together to solve your helicopter noise
issues and ensure that the specific concerns are mitigated by practical and balanced
solutions. We strongly believe that readjusting East Hampton Airport's approach paths,
informing helicopter operators of the changes and reinforcing to them the area's noise
sensitivity can minimize the noise affects described by local residents. The Eastern
Region Helicopter Council therefore suggests that all the parties sit down together at
everyone's earliest convenience to make the necessary route changes to reduce the
helicopter noise affects on Southold and East Hampton Township residents in a fair and
equitable manner. Let's bring together residents, local elected officials, helicopter
operators, airport managers, ERHC officials and others to resolve this matter before next
summer's peak season begins. We are already working with Senators Schumer and
Clinton, Congressman Bishop, the FAA and others to resolve Long Island helicopter
noise issues and we invite Southold Township officials to join us in this cooperative
effort. Our vast experience in working with communities and solving helicopter noise
concerns throughout the area shows that it is through cooperation and open
communications that community compatibility and quality of life issues are best
addressed, not through needless and unwarranted legislation. As such, the Eastern
Region Helicopter Council requests that you withdraw your proposed local law and
instead work directly with the local helicopter industry to ensure that your specific noise
concerns are resolved quickly and fairly. We welcome the opportunity to meet with all
the stakeholders and are committed to beginning this effort immediately. Lastly, we
encourage everyone with helicopter issues or concerns to contact the Eastern Region
Helicopter Council's information line at 845-353-6050 or submit any questions or
comments to us via e-mail at erhcny(@erhc.org. I thank you again for the opportunity to
testify before you tonight.
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October 23, 2007
SUPERVISOR RUSSELL: Thank you very much.
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JOE FISCHETTI: Good evening, Supervisor Russell and the Board. My name is Joe
Fischetti, I have been a pilot for 30 years. I was appointed about two years ago by
Supervisor, Executive Levy to the Gabreski Airport civic advisory board. That was to
put together an open dialogue with the adjacent community at Gabreski. As part of that,
they appointed me as general aviation chairman of the noise abatement committee of that
group, and we worked for probably a year and a half on noise abatement around the
airport. And this was a voluntary noise abatement program. We relocated flight paths
and used education to the pilots. Very interesting was about a couple of months ago we,
the airport manager and I went to one of the local communities which was Quiogue,
which is directly south of the airport and we were given very satisfactory ratings on what
we had done voluntarily. From that, at one of the last meetings that we had, the county
and with the problems that happening with helicopter noise and part of our noise
abatement was for helicopters, the county asked me to expand that to the east end and
basically because of what Southold did unitarily, all by itself, so we have formulated
some voluntary noise abatement program for the east end. Now this is a little different
one than what Schumer's committee is doing over there. The east end is very different
from the rest of Long Island and we need to look at it differently. And what we have
done is specifically look at it from William Floyd Parkway to the east. From William
Floyd Parkway to the west, the helicopter problems are completely different and need to
be looked at differently. So you, Supervisor Russell, you will be getting a call from the
groups that we are working with to get us together. The helicopter pilots in the groups
exactly what that gentleman said, they are not going to follow anything if the different
municipalities are going to have different regulations. We need to bring this together.
There are solutions. We have a, I have an outline right now that will be presented to a
voluntary program and working with the pilots and with the communities to work that out
and we hope that we will get the same success that we had with Gabreski Airport. So, I
don't think with the legislation, as you heard from the FAA, that legislation is not going
anywhere. But I hope that the voluntary program will go someplace, that we will have
something that is positive for the community because we do have a problem with
helicopter noise and it has changed so, we hope that this is positive.
SUPERVISOR RUSSELL: Joe, I just want to clarify for the Board. Actually, shortly
after Councilman Ross put this on the table at a work session, Mr. Fischetti came and
talked to me about it and had suggested a regional approach to solving the issue. In other
words, you don't have four or five east end towns going in four or five different
directions and I certainly appreciate and support that it is the appropriate approach but I
do have to tell you, I appreciate Mr. Gratell and I thank him for coming to the public
hearing October 9th It was the first time anybody from his organization saw fit to contact
me in the over a year I have been trying. The FAA has been even harder to get a hold of.
I would contact his organization in Yardley, Pennsylvania, they would tell me to call the
airport manager in East Hampton. I would call the airport manager in East Hampton, he
would tell me to call his organization in Yardley, Pennsylvania. To say that they have
been evasive is understating how difficult they were to get a hold of. The legislation is
Minimum Height for Aircraft Public Hearing
October 23, 2007
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on the table and now actually, I finally got a letter from the FAA. I am very excited. So
whatever it takes to get people to the table is the issue.
MR. FISCHETTI: Good. That is fine. Okay.
SUPERVISOR RUSSELL: Thank you very much for your help, by the way. Would
anybody else like to address the Town Board? Oh, come on, you are not all here for the
Fishers Island Sewer District?
COUNCILMAN ROSS: I would like to join in the Supervisor's comments. It is nice to
know that someone is listening. It took a while and some effort to attain that and I would
like to comment on the FAA preemption argument. New York State has in its general
business law, set minimum flight levels. And if the FAA has exclusive jurisdiction, New
York State's law would be out of synch with that. But it is not. And there are two areas
where regulation seems to be appropriate on a state and local level. And one is where you
track federal regulations and the second area is where the federal regulations have left a
gap. And the legislation proposed here follows both of those concepts. We are both
tracking the state legislation, which tracks the federal regulation and we are also
providing legislation where there is a gap in the FAA rules. So I would expect the FAA
to say we are preempted but the legislation is there and I think it would be sustainable but
if nothing else, it has got people listening.
SUPERVISOR RUSSELL: I also want to say on the issue of the unilateral action on the
part of this Town, it was the unilateral action of East Hampton that put us here because
they cut a deal with the Eastern Helicopter trade council. And it wasn't noise abatement,
it was noise relocation. Take it off Georgica Pond and move it over to Bayview. And
that is exactly what happened. East Hampton has an airport. They own an airport. They
have a stake in the process. They get listened to. We didn't. We had to create one. Mr.
Kirby?
DON KIRBY: Don Kirby, Mattituck. Thank you for coming to this meeting. I believe it
was the October II th meeting that you referred to...
SUPERVISOR RUSSELL: Right.
MR. KIRBY: It wasn't October 9th.
SUPERVISOR RUSSELL: Sorry.
MR. KIRBY: I believe you had make a recommendation, that a voluntary
recommendation that helicopters should stay 1,000 or 2,000 foot, if I recall your words.
But we are talking about an unregulated industry, basically. And if the FAA, if the
federal government doesn't want to take hold of this issue, I think it is the responsibility
of the Town and the citizens to speak up until something is done about it because it is just
a bad issue. If you were paid by Southold Town, I am sure your twist on this whole thing
would be completely different. So, that is all I have to say.
Minimum Height for Aircraft Public Hearing
October 23, 2007
SUPERVISOR RUSSELL: Thanks, Mr. Kirby. Mr. Wills?
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FRANK WILLS: Frank Wills, Mattituck. I think the idea of regulating the flight of the
helicopters is a great idea. My only comment would be, instead of making it 1,000 feet,
make it 3,000 feet. Because where I live, the helicopters come directly over my property
and judging about the altitude, some go about 1,000 feet but I can still hear them. I
realize that we will always hear them. If they go to 3,000, it will be much less.
SUPERVISOR RUSSELL: That was a lesson learned, after the legislation was originally
drawn. That they are actually right now flying at about 1,000; so the 1,000 feet didn't
really get us anything. Ray Feeney from North Fork Helicopter Association has been
very helpful in giving me at least some understanding of what is going on and
understanding the science of it. I know a lot of the pilots here, I see the guys, I know all
of you. You know this issue, you know where we are at. You know that we have a
problem with the Sikorski's and the Bellfour 30's, traipsing back and forth over the north
fork. I would welcome the opportunity to sit down with all of you and figure out how to
help us get this thing resolved to get these guys higher or to get them diverted. In no way
was this legislation ever intended to affect any of the aviation of Southold Town. We
have a long history of flying in this Town, we know that we have crop dusters, we have
larvaecide spraying. In no way did anybody want to affect the airmen, the pilots and
helicopter flyers in this Town. The issue is the people that are coming out of 34th Street,
coming up Long Island Sound and then skipping over this side to get to East Hampton.
That is a big problem and they haven't been receptive and the FAA has been absolutely
useless in any effort I have tried to get them involved in the discussion. They said, well,
we don't regulate that. Go talk to the helicopters, go talk to East Hampton. East
Hampton said talk to the Council, the Council; and I went around in circles for months
and months and months. But I would welcome the input. I see a lot of people here I
know. I know you know a lot more about this stuff than I do. I would welcome any
input and guidance you can give me.
PAT WAGNER: Thank you. Pat Wagner, Southold. I just want to let you know that as
a homeowner I have observed the helicopters as well, I am a member of the Eastern
Region Helicopter Council but there is a perception that must be understood. What you
are looking at and what is really the height of the helicopter, it is over 2,500 feet because
I am telling you, I know in Manhattan what the height of the 59th Street bridge is and
some other major landmarks, so they are doing exactly if not more than the height
requirement that is regulated or even being suggested. But we will go back as Eastern
Region, speak to the pilots. We have an open ear, open door policy. So we are going to
make sure that your issues are heard. But what I have perceived so far is that they are
doing the right thing and they are staying high. The route was moved but they are staying
high but it is a momentary noise....
SUPERVISOR RUSSELL: We have three verified sources on their height. Local
equipment here, the East Hampton airport and another source and all three of them said
they fly 1,000 to 1,200 feet. Not 2,500 feet.
Minimum Height for Aircraft Public Hearing
October 23, 2007
MS. WAGNER: Well, the ones that I have seen, the larger ones go higher. But I mean...
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SUPERVISOR RUSSELL: They can go higher, they just don't seem to.
MS. WAGNER: Well, it depends on where you are looking from. Where they are going
and when they are starting their descent. But as a rule, they are much higher than what
the FAA would regulate them at.
SUPERVISOR RUSSELL: Well, the FAA doesn't regulate at all.
MS. WAGNER: You are allowed to fly 500 feet over water. And they are not doing
that.
COUNCILMAN KRUPSKI: But not over Peconic.
MS. WAGNER: Over any water.
COUNCILMAN ROSS: Then it shouldn't...
MS. WAGNER: As long as they can glide to a safe landing.
COUNCILMAN ROSS: Then it shouldn't be a problem.
MS. WAGNER: That is not what they are doing. You should be happy that they are as
high as they are. But I am saying we are going to go back....
UNIDENTIFIED: They may be allowed to but we are not going to...
COUNCILMAN KRUPSKI: Wait, wait, wait. Let her finish.
SUPERVISOR RUSSELL: Could you address the Board? And ma'am, you will have an
opportunity but...
MS. WAGNER: We will go back and again, reiterate what your concerns are. Weare
here to help and mitigate the circumstances. But I live here, too. I live here, too. And I
work in my backyard and I see the helicopters. I am aware of them. You know,
everyone has a different perception.
SUPERVISOR RUSSELL: Just so you know, I didn't run and Bill will vouch for this, I
don't think the word helicopters came up two years ago when we ran for office. This
office sort of, you know, we don't pick the issues they pick us. I am telling you, with the
sheer number of phone calls I am getting from every stretch of town, it is not
imagination. It is not people misperceiving heights. It is a real issue. And we have the
equipment to read the altitudes and they are clicking off at about 1,000. We have the air
log reports from East Hampton. They are clicking off at about 1,000. As a matter of fact,
East Hampton sent a draft recently to you because you haven't been honoring...
Minimum Height for Aircraft Public Hearing
October 23, 2007
MS. WAGNER: But that is the correct height.
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SUPERVISOR RUSSELL: Excuse me?
MS. WAGNER: That is the correct height.
COUNCILMAN ROSS: Then there shouldn't be a problem passing a local law that sets
it at 1,000.
SUPERVISOR RUSSELL: I don't want to pass 1,000. I want to go to 2,500.
MS. WAGNER: Local law will not be allowed under the FAA.
COUNCILMAN ROSS: I don't think that is correct.
COUNCILMAN WICKHAM: Scott, this is a public hearing.
SUPERVISOR RUSSELL: You are right.
COUNCILMAN WICKHAM: We are hear to listen to what the public has to say. I
don't think we should be giving them our views so forcefully. Let's listen to what the
public is trying to tell us so that we can make an informed decision.
SUPERVISOR RUSSELL: Okay.
MS. WAGNER: I don't want to see anything unsafe. I live here, too. But I am telling
you what I see, what I perceive and everyone has a perception. All I am saying is that
there is a rule of them flying high enough over land and they want to try and stay over
water as much as they can. That is as the whole industry. Alright? So if you want us to
do something, we are here to listen....
SUPERVISOR RUSSELL: Thank you.
MS. WAGNER: We are here to go back and give them the message. But what I perceive
is that they are doing exactly what they are supposed to be doing.
SUPERVISOR RUSSELL: Okay.
MS. WAGNER: Okay. There may be more frequency than you like but that's, nobody
owns the air or the number of flights that can go past. That is just up to, you know,
whoever is booking the helicopter. So, it is out of our hands.
SUPERVISOR RUSSELL: Thank you very much. And Tom is right, I shouldn't have
engaged you so much.
Minimum Height for Aircraft Public Hearing
October 23, 2007
DOREEN KIRBY: Hi, thank you Mr. Russell. Doreen Kirby, Mattituck. My perception
is very different from Southold. Weare in Mattituck and as I have said before, I have sat
in my backyard on a Thursday night in July and counted 22 helicopters from 3:00 to 7:00.
That is pretty annoying and I would like to invite anybody to come and see what my
perception is. They are not over the water, they are not sometimes even 1,000 feet, they
are 500 or 700...
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SUPERVISOR RUSSELL: I am sorry, Mrs. Kirby, can you just make sure you address
the Board?
MS. KIRBY: They are not even 1,000 feet most times. They are 500, 750 tops.
Sometimes they come right over the tree tops. I would like to invite anybody that has
that perception to come and see what mine is in Mattituck. We must be flying over
different paths at different times for different helicopters. I also had a question for Mr.
Fischetti. When you did your noise abatement in Westhampton, were you talking about
recreational helicopters or was it the base's helicopters that the surrounding areas had
problems with?
SUPERVISOR RUSSELL: You know what? I would ask you, Mr. Fischetti will be
available perhaps after the meeting but your questions need to be addressed to this Board,
not to Mr. Fischetti.
MS. KIRBY: When you said you met with him, did he...
SUPERVISOR RUSSELL: Yes.
MS. KIRBY: Did he explain...
SUPERVISOR RUSSELL: Yes and it is a very good plan. It is a very good plan but it is
in reference to Gabreski in West Hampton not to the issues that we have.
MS. KIRBY: I didn't think it had anything to do with the issues we are having in
Southold.
SUPERVISOR RUSSELL: No.
MS. KIRBY: And I think that a lot of people here and probably most of the 900 names
that we have on our petition, we are talking about the flights that were reverted from East
Hampton to Southold Township. We have no problems with the rescue, emergency or
the military or whatever they are doing on the base. I work in Westhampton Beach
school district. I am glad they are there on the base. They are protecting me and all those
kids. This is a very different issue. And it should not be done on a volunteer basis.
Someone needs to be responsible for it. Thank you.
SUPERVISOR RUSSELL: Thank you very much.
Minimum Height for Aircraft Public Hearing
October 23, 2007
DAN CA TULLO: Dan Catullo, Mattituck. She stole my thunder here, pretty much. But
again, the voluntary idea, everyone parading out this let's do it voluntarily, everybody be
a good little soul. It doesn't work and I will again reiterate what she said. Five hundred
feet maybe. I swear they are 300 feet. Last week there was a tandem of two, maybe 100
feet behind, one behind the other and if you want to draw a qualification for how much
the intensity was, it cut out the conversation within a room with most of the windows
closed. It is that intense a sound. Brief, yes. A minute, yes. But terribly annoying.
Okay. This is more than a health, and that is not the only time. There have been several
other episodes, where it has been 200, 300, 400 feet perhaps. They are so close that the
tree line obscures the passage of these things coming across. All I can say is that it just
annoys me that the hubris of these people, these trillionaires down there treating us like
some medieval peasants while they go to their medieval manors. I can't abide that kind
of attitude and whoever is here, like the lady is like two lots back here, who came out and
said well, she has no problem with it, maybe she has another agenda. I don't know.
Maybe she has some other benefits arriving from her particular position. All I know is,
they come over us, they sound like a Mitsubishi coming in out of December 7th and it
stinks. I think we ought to really do something about it. Thank you.
II
SUPERVISOR RUSSELL: Thank you, Dan.
JOHN SEINROFF: John Seinroff. Myself and Ray Finne are North Fork Helicopters, by
the way. I have been flying out here for 30 years, no problems. I take exception to the
altitude the lady said there. I know I agree with you, Scott. They are flying a little lower
than 3,000 foot and I know this. I have got many (inaudible) checking this and ways of
doing that. And the law, the legal aspect of regulating this is very hard to do because it is
the federal you know, thing and we are regulated very much. It has almost got to be to
get something going pretty quick is a voluntary thing and we have got more people
involved, I think it has got to be. And we have got to come up two or three thousand feet
(inaudible) coming out of the city. And I am very willing to get involved (inaudible)...
SUPERVISOR RUSSELL: Let me just give you a quick compliment, while you are
talking. You were the first two, you and Ray and the first organization to call me, saying
maybe we can help. We do know people in the industry and I relied on your guidance
because I knew nothing about it and I couldn't tell you if a helicopter was 50 feet or
9,000 feet, so I knew nothing about it. And you guys were very, and you know, the fact
is is that I don't want local helicopter pilots getting a bad rep from these Bellefour 30's
and the Sikorski's that are cutting up their air on their way from 34th Street to East
Hampton.
MR. SEINROFF: I appreciate that. That is why we are involved.
SUPERVISOR RUSSELL: Thank you.
MR. SEINROFF: It is really not our thing, so.
SUPERVISOR RUSSELL: Thank you very much.
Minimum Height for Aircraft Public Hearing
October 23, 2007
JERRY SCHULTHEIS: Hi, I am Jerry Schultheis from New Suffolk. I have a lot of
difficulty understanding the FAA position when we are in the position here where East
Hampton has told the helicopters where to fly. They are saying they have, the FAA is the
only one with jurisdiction and yet the Town of East Hampton is telling them this is the
flight path to take and the helicopters association is working with them on that. The other
issue which I think is very important i haven't heard anything about is the health issue.
Okay, early in the summer I actually bought myself a decibel meter. I have received
readings over my house of 100 decibels and greater. And if I look at the published
information, it tells me 15 minutes exposure to 100 decibels or more will cause
permanent hearing damage. And just as an afterthought, maybe the thing to do is a class
action suit against the helicopter owners and the Town of Southampton for the health
damage they are doing to the people in Southold. Thank you.
12
SUPERVISOR RUSSELL: Thank you.
CARL KRAUSE: Carl Krause, Laurel. Ijust want to bring it up again, Scott, I know we
talked at the last meeting. East Hampton has definitely made it a primary route over the
north fork, obviously to keep the helicopters out of Steven Spielberg's backyard and
Martha Stewart's backyard. The one thing that I would like to bring up again is it is not
just the East Hampton heliport that we are dealing with. It is the Southampton heliport as
well. I mean, we have our neighboring town Riverhead that I brought up in the last
meeting, these helicopters you want to talk about the woman from Southold was stating a
500 foot level and she was pretty adamant that they can fly over the water at 500 foot.
Well, maybe she can get up and explain to me why you can be over the water from the
Southampton heliport in about 200 feet but yet they chose to come up over Shinnecock
Bay, fly across Hampton Bays, fly across the Peconic Bay and then travel over Jamesport
and parts of Aquebogue to get up over the Sound. So it is not just our town that we
should be looking at, I mean, Riverhead as well is suffering with the same problems. The
1,000 foot height restriction, I don't think that that is going to be a resolution as well. I
mean, I can hear these helicopters coming from miles away. Sometimes as many as 50 to
60 flights a day go over my home in Laurel. And as the other gentleman said, thank god
for remote controls on tv's. Because that is constantly what I am doing. Putting the
remote up, raising the volume on the tv. Conversations? You can't have conversations.
You know, I believe this woman here, she is living in fantasy land. Has another agenda.
Because the noise level is deafening. I can't enjoy a barbeque in the backyard, the
neighbors are complaining. I mean, we have a real issue and it has got to come to a head
and whatever the town has to do to bring it to that head, I think that Riverhead should be
involved and we take it to the next level.
SUPERVISOR RUSSELL: Thank you. The first thing we, I am sorry. The first thing we
recognized was that height, that elevation of 1,000 would have to go to 2,500 or 3,000.
Along those lines.
COUNCILMAN ROSS: That was a set up.
Minimum Height for Aircraft Public Hearing
October 23, 2007
BARBARA BLASS: Good evening Mr. Supervisor, members of the Town Board. My
name is Barbara Blass, I live in Jamesport but I have here also this evening representing
the Town of Riverhead as a Councilwoman. I would ask you respectfully that if you
choose and I hope you do, to address this from a regional perspective, that you include
and invite Riverhead to the table, we are more than anxious to address this issue as well.
We have our share of complaints indeed. I commend you for taking the very bold step
that you did but I do ask and I am self-appointing myself to be a liaison if you will, to the
people of the Town of Riverhead on this matter because it is something that is a quality
of life issue and just as you, we are concerned that East Hampton's actions may have
affected you. I know that you are willing to address your neighbors in Riverhead as well.
13
SUPERVISOR RUSSELL: You have my word.
MS. BLASS: I appreciate that. Thank you.
SUPERVISOR RUSSELL: Thank you, Barbara.
COUNCILMAN KRUPSKI: Thank you.
SUPERVISOR RUSSELL: Good evening, Marie.
MARIE DOMENICI: Marie Domenici, Mattituck. If you are going to legislate height,
my recommendation would be 3,000 feet and as far as the fines go, I would say $1,000 a
foot. The reason why I say that is, well, first of all, I don't know how we are going to
implement the penalty part of this but if indeed we do, the only time you really grab
somebody's attention is when you reach into their pocket. So if indeed we are going to
make this a law, I think we should make it on the steep side rather than, you know, one
helicopter will pay for that fine. So, that would be my recommendation and I thank you
for your time.
SUPERVISOR RUSSELL: Thank you.
MANFRED LEE: Good evening, Manfred Lee, Cutchogue. The US Open Tennis
Center can redirect their flights for two weeks during the US Open, I don't know why
something can't be done for helicopters. Orient Point is what? Ten miles away, they
can't redirect these flights and stay over the water. That would be the simple solution.
The FAA apparently approved this LaGuardia Airport flights over the US tennis center
and I don't know what is involved to notify them over the change in air direction over the
water. That is all I have to say, thank you.
SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to address
the Town Board on the public hearing for the helicopters?
BENJA SCHWARTZ: I would just like to say very briefly, that I just keep thinking
about four years ago, I was at a local property owners association meeting and the Bay
Constable was there talking to us and we had some time and nobody knew what to do
Minimum Height for Aircraft Public Hearing
October 23, 2007
14
with it, so I asked what about the noise from the aircraft, could we do something about
that. He basically said he didn't have any jurisdiction. My neighbor who was sitting
behind me says, what planet are you from? Well, I think know we have got some
resignation, this is an issue for planet earth. Those of us who are on planet earth. I
wonder if there couldn't be another approach. I don't know if you have looked into this,
Councilman Ross, but if we are not allowed to regulate the flight path, what if we had a
real noise law in Southold Town and we could measure the sound? Would there be a
way to enforce that?
COUNCILMAN ROSS: We are not trying to regulate the path, we are merely trying to
regulate the height and there is a noise ordinance, not in the Town but in the Village of
Greenport that sets decibel levels and it has crossed my mind. But that is an issue for
another day.
MR. SCHWARTZ: Thank you.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town
Board? Mr. Scholand?
GREG SCHOLAND: Good evening, my name is Greg Scholand, resident of Mattituck,
pilot, local aircraft owner. I had prepared an awful lot tonight but it has pretty much been
touched on. What I would like to bring to your attention is that helicopter routing is
regulated by the FAA and I have the information here to contact them to change the
routing. I do however, believe I have done enough research and in the FAA regulations
with federal preemption going right on up to the supremacy clause of the constitution,
that the Town's regulation of the airspace will be a financial boondoggle, if you will.
And I say that as a taxpayer. Because on the back side, if you go to regulate the airspace
and fine people, it is going to come back. I am curious to know what kind of devious the
Town has to measure height?
SUPERVISOR RUSSELL: We are using the equipment that has been offered to us by a
trade organization. If you want a, if you are asking me for a make and model, I can't give
it to you but you are welcome to look at it in the next few days.
MR. SCHOLAND: I am just curious to know if it is FAA approved or how it measures
stuff.
SUPERVISOR RUSSELL: It was offered to us by a trade organization.
COUNCILMAN KRUPSKI: I went to school with Greg and I had math with him and he
should know that.
SUPERVISOR RUSSELL: You know Greg, you know where we are at. This isn't about
the guys at the Mattituck airbase. It is not about, you know, it is about the Sikorski's and
the Bellfour 30's.
Minimum Height for Aircraft Public Hearing
October 23, 2007
MR. SCHOLAND: I do not deny a bit the problem exists. I live in Mattituck, I hear it.
It is there. and if the Townspeople decide it needs to be addressed, that is what it is all
about. However, there is a way to go about it and if you look at the regulations, even if
you want to call Southold an congested area, the federal regulations say you can't fly
below 1,000 feet over a congested area except for a helicopter. The second half of that
exemption for helicopters says they must follow prescribed helicopter routes. That is the
way to go after it.
15
SUPERVISOR RUSSELL: I agree and that is the way I tried but what you are missing
here is 15 months ofreaching out and getting a complete lack of interest from the FAA.
Even less interest from the Greenport supervisor, who I kept getting referred to and the
Eastern Helicopter Association in Yardley. We got no, and we had no, nobody was
answering any phone calls. Nobody really had any issue with Southold, we don't control
an airport, we don't do anything that makes them have a stake here. So that was the
problem.
MR. SCHOLAND: I will make sure the information that we have gathered to this point
gets to you and then if it is the same people and you have the same problem,
unfortunately, there we are. But if it is not, maybe it will facilitate federal air routing.
But I do caution you as a taxpayer against trying to regulate federal airspace. Thank you.
SUPERVISOR RUSSELL: Thank you, Greg. Would anybody else like to address the
Town Board?
MR. CA TULLO: Yes, Dan Catullo again. In reference to this, I know it is difficult to
judge, we don't have sonar all of us or radar in our yards but if one of the incidents I
brought up before is the fact that they skimmed over the tree tops and if I had a camera at
the time, I could see the print, I could see the head or the silhouette of the pilot, I could
make out the linear designations of whatever this machine was and I could gauge it
against the trees themselves and I could certainly present this to a court of law or a court
of inquiry and they could judge what the altitude was. There is no magic about that. If
there was a prosecutorial type of situation going on, that would hold up I would think.
SUPERVISOR RUSSELL: We had a, in a trial run, we had actual gauged the altitude of
a craft and read the end number off its tail with ease. The reality is it is not the
mechanical aspect of reading the altitude, it is what happens when you write the ticket
and the judicial or the adjudication of that ticket. That is where the problems are. It is
not the mechanics, it is the legal quagmire of regulating something.
NANCY SAW ASTYNOWICZ: Good evening, Nancy Sawastynowicz of Cutchogue. I
think the problem is that we are being dumped on by the Hampton's.
SUPERVISOR RUSSELL: Yes.
MS. SAW ASTYNOWICZ: East Hampton, we get their ferry traffic, now we are getting
their helicopters. Why don't we just go after them? We can regulate them easier then,
Minimum Height for Aircraft Public Hearing
October 23,2007
you know, the big boys. So anyway, I just think I am getting tired of being dumped on
by the Hampton's. Thank you.
16
SUPERVISOR RUSSELL: Thank you.
MR. GROTELL: If possible, I just wanted to respond to some of the comments you
made, if that is appropriate.
SUPERVISOR RUSSELL: Sure. Absolutely.
MR. GROTELL: You had mentioned previously that there is a deal between the
helicopter council and the Town of East Hampton. I just want to set the record straight.
That is not true. The issue was first discussed in March of this year. The helicopter
council held a pre-meeting of Hampton's traffic, which is something that we do on a
regular basis because obviously we know that the Hampton's and other east end locations
are very seasonal and the volume clearly increases over the summer. What we did was
work with the East Hampton airport management and we discussed a series of voluntary
noise abatement procedures. At that time in March. Later on in the year, I would say
Mayor June, the airport modified those routes and shifted the routes a little bit further
north, completely over water but still over a little bit further north than they were in
March. And that seems, based on what I have heard the last week or the week before that
I was out here, that seems to be the triggering action that is prompting all these concerns.
And from the helicopter councils standpoint, we are here. We want to work with you.
Whether the issue is perceived or not, it is an issue. And we want to work with you and
we will make this right. We will go back with your assistance, we hope and with the
other town; with the Senator's and Congressmen and State Assembly and local people,
we will resolve this issue. And we just ask for your cooperation and you know, I look
forward to discussing this matter further with you.
SUPERVISOR RUSSELL: Thank you very much. I appreciate that. Would anybody
else like to address the Town Board on whirly-birds?
COUNCILMAN WICKHAM: I would just like to say that there is one more document
in the file that I overlooked and that is a response from the Suffolk County Department of
Planning, saying the Suffolk County administrative code regards this as not within their
jurisdiction and it is not something that they are going to weigh in on.
SUPERVISOR RUSSELL: Can I get a motion to close this hearing?
* * * * *
PJ.~tIJjQ n~I:~
~~. Neville
Southold Town Clerk
"
.
Southold Town Board - Letter
Board !eting ~fOctober 23,2007
RESOLUTION 2007-836
TABLED
Item # 38
DOC ID: 3261
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-836 WAS
TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 23, 2007:
WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk
County, New York, on the II th day of September, 2007 a Local Law entitled "A Local Law to
Establish a Minimum Heil!:ht for Operations of Aircraft Over Town Limits" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed
Local Law entitled, "A Local Law to Establish a Minimum Heil!:ht for Operations of
Aircraft Over Town Limits" which reads as follows:
LOCAL LAW NO. of 2007
A Local Law entitled, "A Local Law to Establish a Minimum Heil!:ht for Operations of
Aircraft Over Town Limits".
BE IT ENACTED by the Town Board of the Town of South old as follows:
I. Purpose.
It is the purpose of this Chapter to preserve and promote the health, safety and general
welfare of the inhabitants of the Town of Southold without prohibiting the safe passage of
aircraft through and above the Town. This Chapter is designed to prevent the operation of
aircraft passing through the air boundaries of the Town and which aircraft neither takes off or
lands within the Town, from annoying inhabitants and from creating a public nuisance. The
enactment of this Chapter is intended to have the effect of providing additional enforcement of
,
Generated October 30, 2007
Page 54
Southold Town Board - Le.
Board 'eting of October 23,2007
the provisions of New York State's General Business Law Article 14. The land area that
comprises the Town of Southold is a congested area and the operation of helicopters below the
legal limit set forth in Section 245(2)(b) of the General Municipal Law are presumed to be a
hazard to persons and property on the surface and constitute careless and reckless operation and
this Chapter is intended to prohibit such operation.
II. A new Chapter 80 of the Code of the Town of Southold is hereby adopted as follows:
&80-1 Careless and Reckless Operation. It shall be unlawful to operate or for the owner to
permit the operation of anv tvpe of aircraft in a careless or reckless manner so as to endanger the
life or property of others.
&80-2. Minimum Safe Altitudes. It shall be unlawful to operate or for the owner to permit the
operation of anv type of aircraft over the legal limits of the Town of Southold. which is a
congested area as that term is used in New York State's General Business Law Article 14, below
an altitude of one thousand feet above the highest obstacle within a horizontal radius of two
thousand feet from the aircraft. The operation of aircraft below this minimum altitude is
presumed to be hazardous to persons and property on the surface.
&80-3. Exceptions. This Chapter shall not applv to:
(a) aircraft used exclusivelv in the governmental service ofthe United States,
or exclusivelv in the service of the National Guard of New York State;
(b) aircraft that has taken off or landed within the Town of Southold between
such time as it has passed into the airspace above the Town of Southold and out of
the airspace above the Town of Southold: and
(c) aircraft being used exclusivelv for agricultural operations.
&80-4. Penalties. A person who violates the foregoing provisions shall be guilty of a
misdemeanor and punishable bv a fine of not more than one thousand dollars ($1.000.00) or bv
imprisonment for not more than ninetv davs, or both.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this
law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Ptr~a~~/I...
Elizabeth A. Neville
Generated October 30, 2007
Page 55
..
.
Southold Town Board - Letter
.
Board Meeting of October 23, 2007
Southold Town Clerk
RESULT: TABLED [UNANIMOUS] Next: 11/7/20077:00 PM
MOVER: Thomas H. Wickham, Councilman
SECONDER: Daniel C. Ross, Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
Generated October 30, 2007
Page 56
Southold Town Board - L.r
.. L/
Boardllll'eeting of October 23, 2007
RESOLUTION 2007-823
ADOPTED
Item # 25
DOC ID: 3253
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-823 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 23, 2007:
RESOLVED that the Town Board of the Town of South old hereby finds that the proposed "A
Local Law to Establish a Minimum Heil!ht for Operations of Aircraft Over Town Limits"
is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR
Section 617, and that the Town Board of the Town of South old hereby establishes itself as lead
agency for the uncoordinated review of this action and issues a Negative Declaration for the
action in accordance with the recommendation of Mark Terry dated October 22,2007, and
authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith.
P&jltu:tCi.~~'{k.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER: William P. Edwards, Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
Generated October 25, 2007
Page 30
~
.
.
RECEIVED
0/ 713. Ph'
(),~ I . 2 3 2007
Testimony of the Eastern Region Helicopter Council
Robert Grotell, Special Advisor
Southold Town Cler!
Against the proposed "Local Law to Establish A Minimum Height for
Operations of Aircraft Over Town Limits"
Presented to the Southold Town Board
October 23, 2007
Good evening Supervisor Russell and members of the Southold Town Board. My
name is Robert Grotell and I am the Special Advisor to the Eastern Region
Helicopter Council, the northeast's premier helicopter trade organization. For over
25 years, we have continually promoted safety, professionalism, efficiency and
community compatibility among our many helicopter and heliport related
members.
I want to thank you for the opportunity to testify before you this evening regarding
Southold Township's proposed local law to establish a minimum height for
operations of aircraft over town limits.
The Eastern Region Helicopter Council is deeply concerned and strongly objects
to your proposed local law that would in part preclude any aircraft - and
specifically helicopters - from operating below 1,000 feet or any other altitude
over the Township. This local law sends the wrong message to your constituents
because it gives false hope to those in need of real solutions. This law is simply
not the answer.
Regulating the nation's airspace, which includes the skies above Southold
Township, falls under one agency and one agency alone - the Federal Aviation
Administration. Upon its establishment in 1958, Congress granted the FAA
exclusive jurisdiction and control of the National Airspace System to ensure a
uniform set of rules and regulations are consistently applied throughout the
country to avoid the very confusion and conflicts that your local law will create.
Imagine the chaos that would result from the patchwork set of rules if every
township, county, city or state established and enforced its own airspace
regulations each directing pilots how and where to fly their aircraft. Such a
system cannot and will not work.
In short, the FAA Act of 1958 preempts Southold Township from enforcing the
provisions described in your local law. This is not just our opinion, but also that of
the FAA's Office of Regional Counsel. We strongly suggest that the Township
contact the FAA directly for further clarification on this matter - a dialogue that we
would be happy to facilitate.
~
.
.
.
Southold's helicopter noise issues are directly related to this past summer's
modification of East Hampton Airport's voluntary noise abatement procedures.
Passing your local law will do nothing to address the root issue and the very
concerns that Southold Township residents expressed to ERHC at your October
9th public meeting on helicopter noise.
Instead, let's work together to solve your helicopter noise issues and ensure that
the specific concerns are mitigated by practical and balanced solutions. We
strongly believe that readjusting East Hampton Airport's approach paths,
informing helicopter operators of the changes and reinforcing the area's noise
sensitivity can minimize the noise affects described by local residents.
The Eastern Region Helicopter Council therefore suggests that all the parties sit
down together at everyone's earliest convenience to make the necessary route
changes to reduce the helicopter noise affects on Southold and East Hampton
Township residents in a fair and equitable manner. Let's bring together residents,
local elected officials, helicopter operators, airport managers, ERHC officials and
others to resolve this matter before next summer's peak season begins.
We are already working with Senators Schumer and Clinton, Congressman
Bishop, the FAA and others to resolve Long Island helicopter noise issues and
we invite Southold Township officials to join us in this cooperative effort.
Our vast experience in working with communities and solving helicopter noise
concerns throughout the area shows that it is through cooperation and open
communications that community compatibility and quality of life issues are best
addressed - not through needless and unwarranted legislation.
As such, the Eastern Region Helicopter Council requests that you withdraw your
proposed local law and instead work directly with the local helicopter industry to
ensure that your specific noise concerns are resolved quickly and fairly.
We welcome the opportunity to meet with all the stakeholders and are committed
to beginning this effort immediately.
Lastly, we encourage everyone with helicopter issues or concerns to contact the
Eastern Regional Helicopter Council's information line at 845-353-6050 or submit
any questions or comments to us via em ail at erhcny@erhc.org.
I thank you again for the opportunity to testify before you tonight.
*****
OCT. 23. 2007 2:04PM
F. A. A. REGIONAL COUNSEL, AEA-7
.
.
NO. 2388 P. 2
f2
RE: P.H. 7:35 10/23/07 LL Re: Aircraft-
U.S. Department
of Transportation
Eastern Region
Office of Regional Counsel
1 Aviation Plaza
Room 561
Jamaica, New York 11434
Telephone: 718-553-3285 .
Facsimile: 718"995"5689
Federal Aviation
Administration
OCT 2 3 2007
BY FIRST CLASS MAIL AND FACS''lIl.f.
Hon. Scott A. Russell
Supervisor
Town of Southhold
53095 Route 25
P.O. Box 1179
Southhold, NY 11971
(631) 765-6145
Dear Supervisor Russell:
It has come to the attention of the Fed.eral Aviation Administration (FAA) that the Town
of Southhold is considering regulating the use of the airspace above the Town. Such an
action would constitute regulation of the airspace, a field that has been preempted by the
Federal Aviation Act of 1958.
While there is no express preemption provision with respect to airspace management, the
field of airspace management and noise control is preempted, through conflict or field
preemption. As the Supreme Court noted in City of Burbank v. Lockheed Air Terminal,
Inc., 411 U.S. 637, 93 S.Ct. 1854,36 L.Ed. 20. 547 (1973), Congress has given the FAA
exclusive responsibility for the field. of airspace management. rd., at 626-627, see also,
49 U.S.C. ~ 40103(a) and (b). In holding that with respect to airspace management
federal law preempts state law, the Court in Burbank noted the pervasive nature of
federal regulation, quoting Justice Jackson, "Federal control is intensive and exclusive.
Planes do not wander about in the sky like vagrant clouds. They move only by federal
permission, subject to federal inspection, in the hands of federally certified personnel and
under an intricate system of federal commands." City of Burbank. at 633-634. The
Court also endorsed the position of the Secretary of Transportation that, "The courts have
held that the Federal Government presently preempts the field of noise regulation insofar
as it involves controlling the flight of aircraft." Id., at 635,
Recently, in 1998, the Second Circuit following City of Burbank fOlmd local
regulation of a.irspace preempted_ The City of New York attempted to regulate the path
of flight for helicopter sightseeing tours. In holding the regulation to be preempted, the
Second Circuit stared:
OCT. 23. 2007 2:04PM
F. A. A. REGIONAL COUNSEL, AEA-7
.
.
NO. 2388 P 3
The City claims the invasive nature ofheJicopter noise justifies...
restricting sightseeing routes ... This argument. .. evidences a
misunderstanding of aviation law. Congress, the Supreme Court, and we
have consistently stated that the law controlling flight paths through
navigable airspace is completely preempted. See, e.g., Concorde I, 558
F.2d at 83 [British Airwavs Bd. v. Port Auth. ofN.V. and N.J.. 558 F. 2d
75 (2d Cir. 1977)]. HeliCOPter Corp. of America v. City of New York.
137 F. 3d 81, 91-92 (2d Cif. 1998)
The FAA is committed to working with local municipalities and citizens to deal with
noise issues. however it is not always possible to decrease or eliminate aircraft noise in
any area. Marmy Weiss, the Regional Administrator of the FAA's Eastern Region, is
available to facilitate meetings on noise issues. You can contact him at 718-553-3000. If
you would like to discuss the contents of this opinion, please contact Mary M. McCarthy
of my staff at (718) 553-3259.
Sincerely,
. J olmson, Jr.
Regional Counsel
Cc: M. Weiss
D. Nuss
"
j
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
~~\)~
~.~\
':. :.'li
~ ~f
r,fCourm~
r MAIUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
South old, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECEIVED
MEMORANDUM
OCT 2 3 200,
Southord Town (Illrl
To: Scott Russell, Town Supervisor and Members~ the Town Board
From: Jerilyn Woodhouse, Planning Board Chair ~
f1L
Date: October 23, 2007
Re: Public Hearing on the proposed "Local Law to Establish a Minimum Height for
Operations of Aircraft Over Town Limits"
Thank you for your request for input from the Planning Board for the public hearing
referenced above. The Planning Board recommends the following addition:
!i80-3. Exceptions. This Chapter shall not apply to
Rescue aircraft or aircraft involved in emergency actions.
- .
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
.
.
PART 1- PROJECT INFORMATION (To be comoleted bv Aoolicant or Project Soonsor)
1. APPLICANT/SPONSOR 2. PROJECT NAME
Town Of Southold Minimum Height for Operations of Aircraft Over Town L.imits
3. PROJECT tOCA TION:
Municip8lity Town of Southold County Sul101k
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
Southold Town Hall Annex
54375 State Roule 25
Soulhold, New York I] 97 H1959
-
5. PROPOSED ACTION IS:
I2J New D Expansion D Mmjification/J.lteration
6. DESCRIBE PROJECT BRIEFLY:
Adoption of a A Locall.aw to Establish a Minimulll Height for Operations of Aircraft Over Town Limits.
7. AMOUNT OF LAND AFFECTED NA
Initially Nf\ acres Ultimately. acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
I2J Yes o No If No, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
o Residential o Industrial o Commercial o Agricullure D Park/Forest/Open Space [Z] Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL. STATE OR LOCAL)?
DYes [{] No If Yes, list agency(s) name and permiVapprovals:
11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes [{] No If Yes, list agency(s) name and permit/approvals:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
DYes lZJ No
I CERTIFY TH~;~FORMA TION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
ApplicanVsponsor name: Scott R , ~ ~ Date: 10/22/07
// ./'1~ ,./J/
Signature: /..
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
.
r;ART II - IMPACT ASSESSMENT To b leted b Lead A enc
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.
[J Yes I2J No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be superseded by another involved agency.
DYes I2J No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
None
C2, Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
None
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
None
C4. A community's existing ploWs or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
None
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
NA
C6. Long term, short term, cumulative. Of other effects not identified in C1~C5? Explain briefly:
NA
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
NA
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
DYes [Z] No If Yes, explain briefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
DYes [{] No If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or othelWise significant. Each
effect should be assessed in connection with its (a) setting (I.e. ul.ban or rural); (b) probability of occurring; (c) d~lration; (d) irreversibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question 0 of Part II was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
o
IZI
Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL
EAF and/or prepare a positive declaration
Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WIL
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination
Town orSouthold Town Board
10/22/07
Name of Lead Agency
Date
Scott Russell
Print or Type Name of Responsible Officer in Lead Agency
Supervisor
Signature of Responsible Officer in Lead Agency
.
~~
t:.'*'~ \\1' SOlJl;;:~
Ii ~.~ '\
~+ +
\~. if.J
~,f'~ ~(!
~!~~'
.
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
South old, NY
MAIUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
MEMORANDUM
RECEIVl:O
To: Town of South old Town Board
Patricia Finnegan, Town Attorney
I
i:('T ? . I
2~'i"
From: Mark Terry, Principal Plarmer
L WRP Coordinator
S^" "'~ . r." .,.
h'",1(),J IOWil (lor.
Date: October 22, 2007
Re: "A Local Law to Establish a Minimum Heil!:ht for Operations of Aircraft Over
Town Limits"
The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of
the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP)
Policy Standards. Based upon the information provided on the L WRP Consistency Assessment
Form submitted to this department as well as the records available to me, it is my determination
that the proposed action is CONSISTENT with the Policy Standards and therefore is
CONSISTENT with the L WRP.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
Cc: Kieran Corcoran, Assistant Town Attorney
. .
COUNTY OF SUFFOLK
'/?J / (7J-
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
October 10, 2007
RECEIVfD
Ms. Elizabeth Neville, Town Clerk
Town of Southold
53095 Main Road - P.O. Box 1179
Southold, NY 11971
!.. .'" ~"
.'.... ,-" ' j
'In--;- 1 (' ",.-,,-,
1.1'_' I ; ;~, L'.)UI
$oulilOld Tc.vtR Clerk
,
Re: Local Law to Establish a Minimum Height for
Operations of Aircraft Over Town Limits
Local Reso.: 2007-740
SCPC File No.: SD-07-NJ
Dear Ms. Neville:
Pursuant to Sections A 14-14 to 23 ofthe Suffolk County Administrative Code, the above referenced
application is not within the jurisdiction of the Suffolk County Planning Commission.
Very truly yours,
Thomas Isles
Direct of Planning
APF:cc
LOCATION
H. LEE DENNISON BLDG. - 4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
.
MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE. NY 11788-0099
.
(631) 853-5190
TELECOPIER 631) 853-4044
.
.
#8560
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Dina MacDonald of Mattituck, in said county, being duly sworn,
says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
-1-week(s), successively, commencing on the 11TH day of October, 2007,
~~\{y\(~ ~~riW
Principal Clerk
Sworn to before me this
2007
\ ~daYOf D(::h (~JL-
C~lrsR! LblY)Lj
CHRISTINA YOllNSKI
NOTARY PUBLIC-STATE OF NEW YORK
No. 0 l-Y061 05050
Quollfled In Suffolk County
Commission Expires February 28. 2008
.
LEGAL NOTICE
NOTICE OF PUBUC HEARING
NOTICE IS HEREBY GIVEN,
there has been presented to the Town
Board of the Town of Southold, Suffolk
County, New York, on the 11th day of
September, 2007 a Local Law entitled
"A Local l.aw to F.stablisb a Minimum
HeiJht for Ooerations of Aircraft Over
Town Limit'll' AND
NonCE IS HEREBY roRmER
GIVEN that the Town Board of the
Town of Southold will hold a public
hearing on the aforesaid Local Law at
the Southold Town Hall, 53095 Main
Road. Southold, New York, on the 23rd
day of October, 2007 at 7:35 p.m. at
which time all interested persons will be
given an opportunity to be heard.
The proposed Local Law entitled.
"A Local Law to Rstablish a Minimum
Hei2bt for ODel1ltioDS of Aircraft Over
Town limits" reads as follows:
I,OCAI.I,AWNO. 2007
A Local Law entitled. "A l.ocal Law
to EdRblish II Minimum Reith. for 0....
eratioDll of Aircnft Over Town I jmil~"
BE IT ENAcrED by the Town
Board of the Town of Southold as fol-
lows:
I. Purpose.
It is the purpose of this Chapter to
preserve and promote the health, safety
and general welfare of the inhabitants of
the Town of Southold without prohibit-
ing the safe passage of aircraft through
and above the Town. This Chapter is de-
signed to prevent the operation of air-
craft passing through the air boundaries
of the Town and which aircraft neither
takes off or lands within the Town, from
annoying inhabitants and from creating
a public nuisance. The enactment of this
Chapter is intended to have the effect of
providing additional enforcement of the
provisions of New York State's General
Business Law Article 14. The land area
that comprises the Town of Southold
is a congested area and the operation
of helicopters below the legal limit set
forth in Section 245(2)(b) of the Gen-
eral Municipal Law are presumed to
be a hazard to persons and property on
the surface and constitute careless and
reckless operation and this Chapter is
intended to probibit such operation.
B. A new Chapter 80 of the Code of
the Town of Southold is hereby adopted
as foUows:
.
ULl r . ..II II~ Ooe.....
...... It shaH he unlawful to onerate or
for the owner to nP.nnit the nneration of
anv tvoe of aircraft in a l'.:tTele...s or reck-
less. mann.::r so as to endanlJer the life or
pronertv of others.
&80-2. Minimum Sale AltitndH. It
shall he unlawful to operate or for the
owner to nermit the oneT3tion of anv
type of aircraft over the legal limits of
the Town of Sonthold which is a con-
iested area as that term is used in New
York State's General Rusines!; I.aw
Article 14 below an altitude of one
thousand feet 3hove the highe!;t oh-
!;t3c1e within a horizontal radius of two
thousand feet from the aircraft The 00-
eration of aircraft below thi!; minimum
altitude is nresumed to be hazardous to
persons and pronertv on the surface.
&80-3. Rxceouons. This Chanter
shall not aonlv to:
(a) aircraft used exclusivelv in the
p"overnmental service of the lJoited
States or exclusivelv in the service of
the National Guard of New York State'
(b) aircraft that has taken off or
landed within the Town of Southold be-
tween snch time 3S it h3!; n3ssed into the
air!;pace above the Town of Southold
and out of the 3irsnace 3hove the Town
of Southold' and
(c) aircraft beinp used exclusivelv for
ap"ricu\turalonerations.
&80-4. Penalties. A nerson who vio-
latf':!; the fon~p"oinp" nrovisions shall he
fuiltv of 3 misdemeanor and nunishable
by a fine of not mor~ th3n one thousand
dollars ($1000 om or hv imnrisonment
for not more than ninetv days or hoth.
ill. SEVERABILITY
If any clause, sentence, paragraph,
section, or part of this Local Law shall
be adjudged by any court of competent
jurisdiction to be invalid, the judgment
shall not affect the validity of this law as
a whole or any part thereof other than
the part so decided to be unconstitu-
tional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect im-
mediately upon filing with the Secretary
of State as provided by law.
September 11,2007
BY ORDER OFTHE
SOUTHOLD TOWN BOARD
Elizabeth A Neville
Town Clerk
R';6Q..1T 10/11
,.",'
LEGAL NOTICES
.
LEGAL NOTICE
SOUTHOLD TOWN
ZONING BOARD OF APPEALS
THURSDAY, OCTOBER 18,2007
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pur-
suant to Section 267 of the Town Law
and Chapter 280 (Zoning), Code of the
Town of Southold, the following public
hearing will be held by the SOUTH-
OLD TOWN ZONING BOARD OF
APPEALS at the Town Hall, 53095
Main Road, Po. Box 1179, Southold,
Ne\yYork 11971-0959,on TIlURSDAY,
OCTOBER 18,2007.
1:40 PM. PETER and SHARON
MANGANIELLO #6066. Amended
application requesting a Variance un-
der Section 280-1l6A.2, based on the
Building Inspector's October 2, 2007
amended Notice of Disapproval con-
cerning as-built deck additions to the
existing single-family dwelling, for the
reason that the construction will also be
less than 100 feet from the ordinary high
water mark of the Long Island Sound
(in addition to setback and lot coverage
variances published for a public hear-
ing held September 13,2007), at 5~015
County Route 48 (alk/a North Road),
Greenport; crM 44-2-12.
The Board of Appeals will hear all
persons, or their representatives, desir-
ing to be heard at each hearing, and/or
desiring to submit written stalcmcnb
before the conclusion of each hear-
ing. Each hearing will not start earlier
than designated above. Files are avail-
able for review during regular busi-
ness hours and prior to the day of the
hearing. If you have questions, please
do not hesitate to contact our office
at (631) 765-1809, or -by email: Linda.
Kowalski@Town.Southold.ny.us.
Dated: October 3, 2007.
ZONING BOARD OF APPEALS
JAMES DINIZIO, JR., CHAIRMAN
By Linda Kowalski
54375 Main Road (Office Location)
53095 Main Road
(Mailing Address/USPS)
PO. Box 1179
Southold, NY 11971-0959
. 8553-1 T 10/11
.
,,',.,-
"""""'>oo;;rli!'
"""-~""<"".~
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,
there has been presented to the Town
Board of the Town of Southold, Suffolk
County, New York, on the 11th day of
September, 2007 a Local Law entitled
"A Local Law to Establish a Minimum
Heipht for ODerations of Aircraft Over
Town Limit'i" AND
NOTICE IS HEREBY FURTHER
GIVEN that the Town Board of the
Town of Southold will hold a public
hearing on the aforesaid Local Law at
the Southold Town Hall, 53095 Main
Road, Southold, New York, on the 23rd
day of October, 2007 at 7:35 p.m. at
which time all interested persons will be
given an opportunity to be heard.
The proposed Local Law entitled,
"A Local Law to Establish a Minimum
Hei2ht for ODe rations of Aircraft Over
Town Limib" reads as follows:
LOCAL LAW NO ,2007
A Local Law entitled, "A Local I.aw
to Fstablish II Minimum Heh.ht for Op_
erations of Aircraft Over Town l.imit....."
BE IT ENACTED by the Town
Board of the Town of Southold as fol-
lows:
I. Purpose.
It is the purpose of this Chapter to
preserve and promote the health, safety
and general welfare of the inhabitants of
the Town of Southold without prohibit-
ing the safe passage of aircraft through
and above the Town. This Chapter is de-
signed to prevent the operation of air-
craft passing through the air boundaries
of the Town and which aircraft neither
takes off or lands within the Town, from
annoying inhabitants and from creating
a public nuisance. The enactment of this
Chapter is intended to have the effect of
providing additional enforcement of the
provisions of New York State's General
Business Law Article 14. The land area
that comprises the Town of Southold
is a congested area and the operation
of helicopters below the legal limit set
forth in Section 245(2)(b) of the Gen~
eral Municipal Law are presumed to
be a hazard to persons and property on
the surface and constitute careless and
reckless operation and this Chapter is
intended to prohibit such operation.
ll. A new Chapter 80 of the Code of
the Town of Southold is hereby adopted
as follows:
,
LEGAL NOTICE
Notice of Formation of Drain Plane
Systems, LLC. Arts. of Org. filed with
Secy. of State of N. Y. (SSNY) on 8/13/07.
Office location: Suffolk County. SSNY
designated as agent of LLC upon whom
process against it may be served. SSNY
shall mail process to Principal busi-
ness location: c/o Allen M. Smith, Esq.,
737 Roanoke Avenue, Riverhead, NY
11901. Purpose: any lawful activity.
8516-6T 9/13 20 27'10/4 11 18
LEGAL NOTICE
NOTICE TO BIDDF.RS
MATTITUCK.CUTCHOGUE
UNION FREE SCHOOL DISTRICT
SUFFOLK COUNTY, NEW YORK
NOTICE IS HEREBY GIVEN
that sealed bids will be received by the
Board of Education of the Mattituck-
Cutchogue Union Free School District
at the Office of the District Clerk locat-
ed in the Central Administration-Office,
385 Depot Lane, Cutchogue, New York,
until 1:00 p.m., prevailing time, October
17, 2007, at which time and place they
will be publicly opened and read for:
TO PROVIDE A HOSTED
PARENT NOTIFICATION SYSTEM
The "Information and Instructions
to Bidders," "Specifications," "Form of
Proposal" and "Form of Contract," may
be obtained at the Office of the District
Clerk located in the Central Adminis-
tration Offices, 385 Depot Lane, Cu-
tchogue, New York, Monday through
Friday, between the hours of 8:00 a.m.
and 4:00 p.m. or by calling (631) 298-
4242 ext. 247.
The Board of Education reserves the
right to reject any and all bids and to
waive any informality as the interest of
the School District may require.
No bidder may withdraw his bid
within forty-five (45) days after the for-
mal opening thereof.
Dated: October 11, 2007
By Order of the
Board of Education of the
Mattitut:k-Cutchogue
Union Free School District
Suffolk County, New York
Cathy Gilliard, District Clerk
8556-1 T 10/11
Uctober 11 , 2007 . The Suffolk Times. 33A
&80-1 Careless and Reckless Ouem-
fion It shall he unlJ'lwnll to operate or
for the owner to oe-emit the "reration of
anv tvne of aircraft in a careless or reck.
less manner "0 ;u; to end;m~er the life or
ordpertv of others
liSO.2. Minimum Safe Altitudes. It
shall he unlawful to operate or for the
owner to nermit the ooeration of any
type of aircraft over the Icpal limits of
the Town of Southold which is a con_
gested area as that term is IIsed in New
York State's General Business Law
Article 14 below an altitude of one
thomand feet ahove the highest ob-
stacle within a horizontal radius of two
thousand feet from the aircraft. The op-
eration of aircraft below this minimum
altitude is nresumed to be hazardous to
persons and nropertv on the surface.
080.3 Executions. This Chapter
sh<lll not annlv to:
(a) aircraft Ilsed exclusivelv in the
governmental service. of the I 'oited
States or exclusivelv in the service of
the National Guard of New York State'
(bl aircraft that hfls taken off or
landed within the ToWn of Southold be-
tween such time flS it has nassed into tbe
airsnac-c ahove the Town of SOlltholrl
and out of the airsnace ahove the Town
of Southold' and
(cl aircraft beinp IIsed exclusivelv for
avriculturaloneTations.
~80-4. Penalties A nerson who vio_
lates the forepoim' orovisions shall he
l!uiltv of a misdemeflnor and onnishahle
bv a fine of not more thfln one thousand
dollars ($1 000 DOl or bv imnrisonment
for not mOTe than ninety da~ or both
m. SEVERABILITY
If any clause, sentence, paragraph,
section, or part of this Local Law shall
be adjudged by any court of competent
jurisdiction to be invalid, the judgment
shall not affect the validity of this law as
a whole or any part thereof other than
the part so decided to be unconstitu-
tional or invalid.
lV. EFFECTIVE DATE
This Local Law shall take effect im-
mediately upon filing with the Secretary
of State as provided by law.
September 11,2007
BY ORDER OF THE
SOUTHOLD TOWN BOARD
Elizabeth A 1'leville
Town Clerk
8560-1 T 10/11
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBYGlVEN
THAT, there has been presented to the
Town Board of the Town of Southold
Suffolk County, New York, on the 25th
day of September, 2007 a Local Law en-
titled nA lAIcal I.aw ia relation to Fish_
ers Island Sewer District Rent" AND
NOTICE IS HEREBY FURTHER
GIVEN that the Town Board of the
Town of Southold will hold a public
hearing on the aforesaid Local Law at
the Southold Town Hall, 53095 Main
Road, Southold, New York, on the 23rd
day of October, 2007 at 7:45 p.m. at
which time all inte:rested persons will be
given an opportunity to be heard.
The proposed Local Law entitled,
"A I,oeal I,aw in relation to the Fish.
ers Island Sewer District Rent" reads
as follows:
LOCAL I AW NO. 2007
A Local Law entitled, "A l.Dcal Law
in Relation to the Fishers Island Sewer
District Reat"
BE IT ENACTED, by the Town
Board of the Town of Southold as fol-
lows;
I. Chapter 215 (Sewers and Sewage
Disposal) of the Code of the Town of
Southold is hereby amended as follows:
1. Section 215-49 is bereby amended
to read as foHows
A. In addition to any and all other
fees and charges provided by law, the
owner of a parcel of land served by
the sanitary sewer system of the FISD
shall pay an annual sewer rent for the
use of such sanitary sewer system, which
shall be based upon an annual charge of
tl........ 1.~.J._.1 d,;,H...~ ($388) four hun_
dred fiftv dollars {S4..olio.. for each sepa-
rate dwelling unit served by the system.
Such annual sewer rents shall be paid in
semiannual installments of 6.1.':' 1.......1.....1
hit} doll.:..~ ($158) two hundred twen(,v-
five dollars lS22...c:j) on the first day of
January and June of each year.
II. This Local Law shall take effect
upon its filing with the Secretary of
State
Dated: September 28, 2007
BY ORDER OF
THE TOWN BOARD
OFTHE TOWN QF SOUTHOLD
Elizabeth Neville
Town Clerk
8559-lT 10111
See Legals, page 40A
.
.
Bohn, Lynda
J1JYCLAtc
FI5D~
From: Bohn, Lynda
Sent: Thursday, October 04,20073:14 PM
To: JAWEBER@TIMESREVIEW.COM
Subject: for publication 10/11/07
please publish in the 10/11107 edition ofthe Suffolk times, thank you
Lynda M Bohn
Lynda M Bohn
Deputy South old Town Clerk
Principal Account Clerk
10/10/2007
Page 1 of 1
.'
I
.
Southold Town Board - Letter
.
Board Meetmg of September II, 2007
RESOLUTION 2007-740
ADOPTED
Item # 22
DOC ID: 3171
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-740 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 11,2007:
WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk
County, New York, on the 11 th day of September, 2007 a Local Law entitled "A Local Law to
Establish a Minimum Heil!:ht for Operations of Aircraft Over Town Limits" now, therefore,
be it
RESOLVED that the Town Board of the Town of South old will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
23rd day of October, 2007 at 7:35 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law to Establish a Minimum Heil!:ht for
Operations of Aircraft Over Town Limits" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law to Establish a Minimum Heil!:ht for Operations of
Aircraft Over Town Limits".
BE IT ENACTED by the Town Board of the Town of South old as follows:
I. Purpose.
It is the purpose of this Chapter to preserve and promote the health, safety and general
welfare of the inhabitants of the Town of South old without prohibiting the safe passage of
aircraft through and above the Town. This Chapter is designed to prevent the operation of
aircraft passing through the air boundaries of the Town and which aircraft neither takes off or
lands within the Town, from annoying inhabitants and from creating a public nuisance. The
Generated September 17,2007
Page 31
'.
Southold Town Board - LA
Board Mting of September 11, 2007
\'
enactment of this Chapter is intended to have the effect of providing additional enforcement of
the provisions of New York State's General Business Law Article 14. The land area that
comprises the Town of Southold is a congested area and the operation of helicopters below the
legal limit set forth in Section 245(2)(b) of the General Municipal Law are presumed to be a
hazard to persons and property on the surface and constitute careless and reckless operation and
this Chapter is intended to prohibit such operation.
II. A new Chapter 80 of the Code of the Town of Southold is hereby adopted as follows:
&80-1 Careless and Reckless Operation. It shall be unlawful to operate or for the
owner to permit the operation of anv tvpe of aircraft in a careless or reckless manner so as to
endanger the life or propertv of others.
&80-2. Minimum Safe Altitudes. It shall be unlawful to operate or for the owner to
permit the operation of anv tvpe of aircraft over the legal limits of the Town of Southold. which
is a congested area as that term is used in New York State's General Business Law Article 14.
below an altitude of one thousand feet above the highest obstacle within a horizontal radius of
two thousand feet from the aircraft. The operation of aircraft below this minimum altitude is
presumed to be hazardous to persons and propertv on the surface.
&80-3. Exceptions. This Chapter shall not applv to:
(a) aircraft used exclusive Iv in the governmen!:ll service of the United States. or
exclusivelv in the service of the National Guard of New York State;
(b) aircraft that has taken off or landed within the Town of South old between such
time as it has passed into the airspace above the Town of Southold and out of the airspace above
the Town of South old; and
(c) aircraft being used exclusivelv for agricultural operations.
&80-4. Penalties. A person who violates the foregoing provisions shall be guilty of a
misdemeanor and punishable bv a fine of not more than one thousand dollars ($1.000.00) or bv
imprisonment for not more than ninety days. or both.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court tif con';)'~;L'nt jl.lri2:di'':I_ion to h..~ inva: !d. tlL; ju~l:c:mc!~t shall not :ltTcd th<: \'all"i :.:\ ,:,1' this
Jaw as a \\ >oJe or ;;tny p.lj"l lhereof other than the p;Jrt ~o Liccid('d to be unct.JnstitulionaI UI dvalid.
IV.
EFFECTIVE DATE
Generated September 17,2007
Page 32
,
.
Southold Town Board - Letter
Board Mtng of September 11, 2007
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
(T~~a2:f-,:tJ..,
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER: William P. Edwards, Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
Generated September 17, 2007
Page 33
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LEGAL NOTICE
.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the
Town of South old, Suffolk County, New York, on the 11th day of September, 2007 a
Local Law entitled "A Local Law to Establish a Minimum Heil!ht for Operations of
Aircraft Over Town Limits" AND
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 23rd day of October, 2007 at 7:35
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law to Establish a Minimum Heil!ht for
Operations of Aircraft Over Town Limits" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law to Establish a Minimum Heil!ht for Operations
of Aircraft Over Town Limits".
BE IT ENACTED by the Town Board of the Town of South old as follows:
I. Purpose.
It is the purpose of this Chapter to preserve and promote the health, safety and
general welfare ofthe inhabitants of the Town of Southold without prohibiting the safe
passage of aircraft through and above the Town. This Chapter is designed to prevent the
operation of aircraft passing through the air boundaries of the Town and which aircraft
neither takes off or lands within the Town, from annoying inhabitants and from creating a
public nuisance. The enactment of this Chapter is intended to have the effect of
providing additional enforcement of the provisions of New York State's General
Business Law Article 14. The land area that comprises the Town of Southold is a
congested area and the operation of helicopters below the legal limit set forth in Section
245(2)(b) of the General Municipal Law are presumed to be a hazard to persons and
property on the surface and constitute careless and reckless operation and this Chapter is
intended to prohibit such operation.
II. A new Chapter 80 of the Code of the Town of South old is hereby adopted as
follows:
&80-1 carelesstd Reckless Operation. It shall be unLl to operate or for the
owner to permit the operation of any type of aircraft in a careless or reckless manner so
as to endanger the life or property of others.
&80-2. Minimum Safe Altitudes. It shall be unlawful to operate or for the owner to
permit the operation of any type of aircraft oyer the legal limits of the Town of Southold.
which is a congested area as that term is used in New York State's General Business Law
Article 14. below an altitude of one thousand feet aboye the highest obstacle within a
horizontal radius of two thousand feet from the aircraft. The operation of aircraft below
this minimum altitude is presumed to be hazardous to persons and property on the
surface.
&80-3. Exceptions. This Chapter shall not apply to:
(a) aircraft used exclusively in the governmental service of the United States.
or exclusively in the service of the National Guard of New York State;
(b) aircraft that has taken off or landed within the Town of Southold between
such time as it has passed into the airspace above the Town of South old and out of
the airspace above the Town of South old; and
(c) aircraft being used exclusively for agricultural operations.
&80-4. Penalties. A person who violates the foregoing provisions shall be guilty of a
misdemeanor and punishable by a fine of not more than one thousand dollars ($1.000.00)
or by imprisonment for not more than ninety days. or both.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be
adjudged by any court of competent jurisdiction to be invalid, the judgment shall not
affect the validity of this law as a whole or any part thereof other than the part so decided
to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of
State as provided by law.
September II, 2007
BY ORDER OF THE SOUTH OLD TOWN
BOARD
Elizabeth A Neville
Town Clerk
PLEASE PUBLISH ON OCTOBER 9, 2007. AND FOR WARD ONE (I ) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE. TOWN CLERK. TOWN HALL. P.O.
BOX 1179. SOUTHOLD. NY 11971.
Copies to the following:
The Suffolk Times Town Board Members
TC's Bulletin Board
Town Attorney
.
.
.
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being
duly sworn, says that on the I B day Of~. O,JL.L. ,2007, she affixed a
notice of which the annexed printed notice is a true copy, in a proper and substantial
manner, in a most public place in the Town of South old, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Public Hearing Local Law on Aircraft on 10/23/077:35 pm
f'~L.cd;07]u~jt)
lizabeth A. Neville
Southold Town Clerk
Sworn before m~his
-1b.... day of J ~ ,2007.
~~~ n\RO
Nary Public
LYNDA M. BOHN
NOTARY PUBLIC. State of New York
No. 01 B06020932
Qualified In Suffolk Coun!y
Term Expires March 8, 20 .Il..
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
HEGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
HECU1WS MANAGEMENT Ot'F1CER
FREEDOM UF IN FURMATION UFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
sou tholdtown. northfor k. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTH OLD
September 13, 2007
Re: Reso.'s #739 & #740 regarding proposed Local
Laws in relation to "Amendments to the Town Code
Relating to Animals" & "Establish a Minimwn Height
for Operations of Aircraft Over Town Limits" of the
Code of the Town of Southold
Andy Freleng
Suffolk County Department of Planning
PO Box 6100
Hauppauge, New Yark 11788-0099
Dear Mr. Freleng:
The Southold Town Board at their regular meeting held on September 11, 2007 adopted the
above resolutions. Certified copies of same are enclosed.
Please prepare an official report defining the Planning Board's recommendations with regard to
these proposed local laws and forward them to the Town Clerk's Office at your earliest
convenience. These proposed local laws have also been sent to the Southold Town Planning
Department for their review. The public hearing for the "Amendments to the Town Code
Relating to Animals" has been set for 4:40 P.M. on Tuesday, October 9, 2007; the public hearing
"To Establish a Minimwn Height for Operations of Aircraft Over Town Limits" has been set for
7:35 P.M., Tuesday, October 23,2007. Should you have any questions, please do not hesitate to
contact me. Thank you.
Very truly yours,
~"f ~
Linda 1. Cooper
Deputy Town Clerk
Enclosures (2)
cc: Town Board
Town Attorney
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
south old town.northfork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Jerilyn B. Woodhouse, Chairman
Southold Town Planning Board
Southold Town Hall
Southold, New York 11971
Dear Ms. Woodhouse:
September 13,2007
Re: Reso.'s #739 & #740 regarding proposed Local
Laws in relation to "Amendments to the Town Code
Relating to Animals" & "Establish a Minimum Height
for Operations of Aircraft Over Town Limits" of the
Code of the Town of South old
The Southold Town Board at their regular meeting held on September II, 2007 adopted the
above resolutions. Certified copies of same are enclosed.
Please prepare an official report defining the Planning Board's recommendations with regard to
these proposed local laws and forward them to the Town Clerk's Office at your earliest
convenience. These proposed local laws have also been sent to the Suffolk County Planning
Department for their review. The public hearing for the "Amendments to the Town Code
Relating to Animals" has been set for 4:40 P.M. on Tuesday, October 9, 2007; the public hearing
"To Establish a Minimum Height for Operations of Aircraft Over Town Limits" has been set for
7:35 P.M., Tuesday, October 23,2007. Should you have any questions, please do not hesitate to
contact me. Thank you.
Enclosures (2)
cc: Town Board
Town Attorney
Very truly yours,
~~~
Linda J. Cooper
Deputy Town Clerk
..). . .
.
.
~er, Linda
From:
Sent:
To:
Subject:
Finnegan, Patricia
Thursday, September 13, 200711:19 AM
Cooper, Linda; Bohn, Lynda
Local Laws
Hi.....
Can you guys send the LL on animals and helicopters to SCP and PB please?
We can put the resos on next time, but if you can do it sooner, that would be much appreciated.................
Pat
Patricia A. Finnegan
Town Attorney
Town of South old
Town Hall Annex
54375 Main Road
P.O. Box 1179
Southold, N.Y. 11971
1
,
.
Southold Town Board - Letter
el :Cn
Board Meetmg o~mber II, 2007
"
RESOLUTION 2007-740
ADOPTED
Item # 22
DOC ID: 3171
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-740 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 11, 2007:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the I Ith day of September, 2007 a Local Law entitled "A Local Law to
Establish a Minimum Hei2ht for Operations of Aircraft Over Town Limits" now, therefore,
be it
RESOLVED that the Town Board of the Town of South old will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
23rd day of October, 2007 at 7:35 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law to Establish a Minimum Hei2ht for
Operations of Aircraft Over Town Limits" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law to Establish a Minimum Hei2ht for Operations of
Aircraft Over Town Limits".
BE IT ENACTED by the Town Board of the Town of South old as follows:
I. Purpose.
It is the purpose of this Chapter to preserve and promote the health, safety and general
welfare of the inhabitants of the Town of South old without prohibiting the safe passage of
aircraft through and above the Town. This Chapter is designed to prevent the operation of
aircraft passing through the air boundaries of the Town and which aircraft neither takes off or
lands within the Town, from annoying inhabitants and from creating a public nuisance. The
Generated September 17,2007
Page 31
'.
Southold Town Board - .er
Board .ting of September II, 2007
enactment of this Chapter is intended to have the effect of providing additional enforcement of
the provisions of New York State's General Business Law Article 14. The land area that
comprises the Town of South old is a congested area and the operation of helicopters below the
legal limit set forth in Section 245(2)(b) of the General Municipal Law are presumed to be a
hazard to persons and property on the surface and constitute careless and reckless operation and
this Chapter is intended to prohibit such operation.
II. A new Chapter 80 of the Code of the Town of Southold is hereby adopted as follows:
~80-1 Careless and Reckless Operation. It shall be unlawful to operate or for the
owner to permit the operation of anv tvpe of aircraft in a careless or reckless manner so as to
endanger the life or propertv of others.
~80-2. Minimum Safe Altitudes. It shall be unlawful to operate or for the owner to
permit the operation of anv tvpe of aircraft over the legal limits of the Town of Southold. which
is a congested area as that term is used in New York State's General Business Law Article 14.
below an altitude of one thousand feet above the highest obstacle within a horizontal radius of
two thousand feet from the aircraft. The operation of aircraft below this minimum altitude is
presumed to be hazardous to persons and propertv on the surface.
~80-3. Exceptions. This Chapter shall not applv to:
(a) aircraft used exclusivelv in the governmental service of the United States. or
exclusively in the service of the National Guard of New York State;
ili) aircraft that has taken off or landed within the Town of Southold between such
time as it has passed into the airspace above the Town of Southold and out of the airspace aboye
the Town of South old; and
(c) aircraft being used exclusively for agricultural operations.
&80-4. Penalties. A person who violates the foregoing provisions shall be guilty of a
misdemeanor and punishable bv a fine of not more than one thousand dollars ($1.000.00) or bv
imprisonment for not more than ninetv davs, or both.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
Jny cou: cp:r: .. i!.1'"' 1i<' . be :,-1\" I 1" :'11 'I l11 t afCcct the v.did;: r this
law as a ..,Ie l'i 'm) [:'.JL t,::":-;,-,:o1 c:r UUtl ~ p~;rt '0 J..:',~ ) be lli iconslitulional or :.,'alid.
IV.
EFFECTIVF. DAr:
Generated September 17,2007
Page 32
,
.
Southold Town Board - Letter
Board Meet of September II, 2007
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
"7t~Q.'~-'th.
Elizabeth A. Neville
South old Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER: William P. Edwards, Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
Generated September 17, 2007
Page 33