Cavendish — After a long, drawn out battle with the town of Cavendish and the state, a Cavendish home owner can build a helipad on his property. But other home owners will not have that same opportunity because the Select Board passed a new ordinance prohibiting their use on Feb. 29.
The municipal ordinance disallows the construction and operation of take-off and landing facilities. The issue was brought to the surface in 2008 when David Coutu, a second-home owner and helicopter pilot, sought the town’s approval to build a small helipad on his property.
According to Town Manager Richard Svec, Coutu needed a certificate of approval from the Vermont Transportation Board and the town in order to build a private landing site.The Select Board denied Coutu a permit in 2008 because there was no local zoning, land-use, or municipal ordinance that specifically dealt with helipads.
Coutu then applied for a permit through the state but VTrans refused it because it lacked municipal approval. But Coutu argued the town had no zoning ordinance upon which VTrans could hear his case and he requested the town to send a letter to VTrans explaining his situation.
Coutu’s case was heard by the State Supreme Court, which ruled in February 2011 that the town of Cavendish acted within its jurisdiction, but that VTrans failed to respond to Coutu’s application. The lack of response allowed Coutu to re-apply. With the lack of town ordinance regulating the construction and usage of helipads, the Agency of Transportation gave Coutu permission to build a helipad last June, provided he obtain Federal Aviation Administration approval.
Coutu’s attorney Mark Hall confirmed that his client obtained FAA approval and plans are underway to build a helipad. As for the town of Cavendish, helipads and landing and take-off facilities will be against town regulations.
Svec added that the ordinance does not disallow medevacs, law enforcement or disaster response purposes but only applies to private land owners.
“Coutu will be grandfathered,” Svec said. “One of the important goals of the town plan is to maintain quiet rural atmosphere. Having (helipads in Cavendish) was contrary to that.”
The ordinance includes definitions of aircraft, prohibited aircraft operations and determination of pre-existing facilities. Any structure that is used for aircraft take-off or landings will be subjected to a $1,000 fine per day.
According to the ordinance, manned or unmanned vehicles including helicopters, amphibious airplanes, balloons, hang gliders, and ultralights are prohibited with the exception of radio-controlled hobby aircraft. It states that prohibited aircraft operations include “a take-off and/or landing of an aircraft, or helicopter hover testings where contact with the ground is involved.”
Coutu could not be reached for comment. Hall declined to further comment, saying that the matter has now been resolved.
The ban will go into effect April 28 unless voters can obtain signatures from 5 percent of registered voters for a special vote to rescind the ordinance.
Source: http://www.rutlandherald.com
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