Define an airport: That was the task given to the Eagleswood Township Land Use Board – sort of. An application was submitted by lawyer Howard Butensky, representing Eagles Nest Airport owner Peter Weidhorn, that asked the board to define an airport.
“This is an application for an interpretation we are seeking and recommending, frankly: a definition of airport for a couple of reasons,” Butensky said at the May 13 meeting of the board. “One is for the pending application that’s before the board for the jumping operation. Secondly, and more importantly, is moving forward so every time there’s a change in the operation at the airport, it may not require coming to the board for either another interpretation, site plan or some action on behalf of the board.”
The heart of this issue is presently Skydive Eastcoast. This skydiving group is based at the airport, and has been sending folks plummeting through the air since spring of 2013. The township has had trouble deciding whether the skydivers need amended site plan approval in order to continue to operate.
So, Butensky was putting in an application for the town to adopt the state definition of an airport, or aeronautical facility. An aeronautical facility is defined by the N.J. Department of Transportation as any airport, seaplane base, heliport, helistop, drop zone, ultralight recreational facility, blimp mooring mast, balloonspot or vertiport.
“We have an aeronautical facility,” Butensky said. “Within the aeronautical facility are aeronautical activities.”
Within this definition, for the purposes of land use and zoning, aeronautical activities are usually considered permitted uses at public use aeronautical facilities.
“There are certain uses that are under the umbrella that are under the definition of airport,” Butensky said.
Planning Board Attorney Terry Brady soon interjected.
“What you’re explaining here is a permitted use, but permitted use is not the test for site plan or no site plan,” he said. “The definition of alteration regarding aeronautical facilities is any modification to the surface, design or operational area of an aeronautical facility which affects, increases or diminishes its operational capabilities.”
Brady said everyone was in agreement that a parachute jumping zone or landing zone is a permitted use for an airport, but a change in the operational capabilities is an alteration and requires a site plan submission to the Land Use Board.
“We know helicopters are permitted. We know helicopter pads are permitted. Show us on paper where it’s going to be,” board member Debra Rivas said. “Parachuting is permitted. Show us where the parachuters are going to park, where they will go for their lesson, where their ’chutes be packed. He’s asking for you to show us where these things are going to go.”
Butensky clarified why he was submitting the application.
“I’m looking beyond the parachute operation. Everything that’s occurred at the airport, without exception, has been subject to controversy,” Butensky said. “One way to be proactive and eliminate controversy in the future is to have an agreement as to what constitutes an airport.”
He said he would refer to the site plan ordinance to determine when the airport is and is not required to submit a plan.
“We do not have a base ordinance which we can interpret,” Brady said. “Since we do not have an ordinance, then – most certainly – the state definitions would apply to what is and is not an airport facility or airport activity.”
After over two hours of discussion among the board, Butensky and other representatives, the public discussion was held.
Resident Michelle Paccione raised concerns about the lack of public input surrounding airport uses. She argued that the airport may attempt to avoid appearing in front of the planning board and public, acting under the veil of “permitted use.”
She pointed to skydiving at the airport. Specifically, she voiced negative feelings and anecdotes regarding Skydive East Coast. In general, she said, she is shocked that skydiving is even permitted at the airport.
“There seems to be an important distinction between a permitted use of land and a license given to an operator,” Brady said.
Brady advised Paccione to bring particular business concerns to the DOT. The board also assured her there would be more hearings regarding skydiving at the airport in the future.
George Voishnis, owner of Skydive East Coast, was in attendance at the meeting. He followed Paccione to address the negative opinions regarding the company. He said he wanted to run his operation responsibly.
“We want to be a good neighbor, and we don’t know how it (the situation) got here,” Voishnis said.
Any topic regarding the airport appears to be a point of controversy in Eagleswood.
“As everyone knows, every time the airport appears before the Land Use Board, emotions run high on both sides,” board member Michael Pasternak said. “Personally, after those types of meetings, I return home and replay the events of those meetings over and over again.”
“I just think we’ve been beating this dead horse for a while,” Eagleswood Zoning Enforcement Official Carl Sillitoe said.
“But, Carl, I have grandchildren I need to send to college,” Butensky replied facetiously.
“The only reason (the airport is) here is because of me,” Sillitoe added.
Many replied with a palpably sarcastic thanks.
A motion was later made to adopt the definition of an airport to coincide with the state definition under Title 16 aeronautical activity and facility. The motion was passed unanimously.
Source: http://thesandpaper.villagesoup.com
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