Zeldin demands FAA stand by pledge, take no negative action against East Hampton over noise restrictions

Rep. Lee Zeldin is carrying the torch passed by predecessor Tim Bishop as he fights back against ever-escalating helicopter noise on the East End — and champions residents crying out for relief.

The new congressman introduced an amendment that passed yesterday in the United States House of Representatives holding the Federal Aviation Administration to its prior pledge not to take negative action against East Hampton Town regarding enactment of its noise restrictions.

The amendment ensures that the FAA stand by previous written assurances made in 2012.

“The FAA must stand by assurances previously made in writing that the Town of East Hampton would not face negative action from the FAA if they chose to enact noise restrictions. While the FAA has not officially taken a position on the merits of East Hampton’s proposals, their support for a temporary restraining order speaks volumes as the residents of the East End once again brace for another travel season,” Zeldin said.

The amendment, he said, aims to make certain that the town is able to reduce noise “without fear of retribution from the FAA. All federal agencies should be expected to honor the assurances they provide our local governments.”

East Hampton Town Supervisor Larry Cantwell today applauded Zeldin’s proactive stance. “Congressman Zeldin supports local control and I want to thank him for sending a clear message to the FAA: Stand down,” Cantwell said. “Allow the Town of East Hampton and its residents to determine how best to support our airport and reasonably reduce aircraft noise.”

But, Cantwell added, the question remains: “Will the people of East Hampton, through their elected representatives, be able to reasonably regulate our municipal airport, or will the bureaucrats in Washington and the national aviation groups control it?’

Cantwell called on Senators Charles Schumer and Kirsten Gillibrand to follow suit and support adoption of a similar measure.

Neither Schumer nor Gillibrand immediately responded to a request for comment.

Locally, Mattituck resident Teresa McCaskie, who has been working diligently in support of noise restrictions, said, of Zeldin’s amendment: “It’s great news.”

The amendment comes after a series of roadblocks for residents who say helicopter noise shatters their quality of life: Last week, many were outraged to learn that a decision on the matter was delayed by another three weeks.

The Town of East Hampton sent out a release announcing that the federal court had issued an order extending the deadline to rule on a motion seeking to block enforcement of three local laws passed by the town to curb excessive airport noise until June 26.

According to East Hampton Town officials, the federal court heard arguments on May 18 on the request for a temporary restraining order. At the request of Judge Joanna Seybert, the town agreed to defer implementing the laws for three weeks to give the court time to rule on a preliminary injunction.

Cantwell agreed to the delay, because he said he felt it was necessary to “respect the judicial process”.

Assistant United States Attorney Robert Schumacher appeared on behalf of the Federal Aviation Administration and said the FAA also needed additional time for review. The judge said that she would rule on a preliminary injunction within three weeks. East Hampton Town initially expected a decision by June 8. But Judge Seybert extended the deadline, citing “the complexity of the issues involved”.

Southold Town Supervisor Scott Russell said he has “never found the courts to be prompt and responsive on any issue, especially those issues that were of a paramount concern. The delay is disappointing but not surprising.”

In April,  the East Hampton town board voted to adopt legislation that will prohibit use of the airport in East Hampton between the hours of 11 p.m. and 7 a.m. In addition, use of of the airport by noisy aircraft is prohibited between the hours of 8 p.m. and 9 a.m. Finally, more than two uses of the airport by a noisy aircraft during a calendar week is prohibited.

A much-debated fourth restriction, which would have banned all helicopter traffic on weekends, from Thursday to Monday during the height of the summer season, was ultimately not included in the vote.

Not even a week after East Hampton adopted the legislation to curb helicopter noise on the East End, the town was slammed with a lawsuit by the Friends of East Hampton Airport, as well as several corporations, stating that the new restrictions were unreasonable and violated the United States Constitution.

The adopted legislation came after  a helicopter noise forum held last year in Southold and the formation of a helicopter noise steering committee.

On December 31, the town of East Hampton let expire four FAA grant assurances, taking back the reins in terms of overseeing its airport. For years, East Hampton had its hands tied and could not regulate hours of operation and number of flights after accepting funding from the FAA.

Last year, although the federal rule requiring Hamptons-bound helicopters to fly over the L.I. Sound along the north shore was extended for two years by the FAA in June, the FAA did not adopt a proposal endorsed by Schumer and Bishop to require helicopters to stay off-shore and fly past Orient Point and on the east side of Plum Island to the South Fork. Riverhead Town Supervisor Sean Walter first argued for that route in 2010, but got no response.