At the East Hampton Town Board meeting held on December 6th, 2011, counsel
for the town, Peter J. Kirsch, of Kaplan Kirsch & Rockwell LLP, mentioned that he
had drafted a 44-point Noise Abatement proposal for consideration and approval
by the town board. QSC immediately requested a copy of the draft and later sent
further requests for a copy of the document but the town did not respond to any of
our requests. The “draft” documents currently posted on our site were obtained in
February from the Town of East Hampton by a member of QSC. Mr. Kirsch was to
have submitted for the town board’s approval a final document. QSC has not seen
a final document.
The draft dated December 1st, 2011 has now been reduced to 40 points. Almost
all of Mr. Kirsch’s 40 points are procedural or involve voluntary compliance and
could not in any way reduce either aircraft traffic or the noise resulting from it.
For the few points that offer actual reduction in operation volume and noise,
Mr. Kirsch concedes that restrictions can only be accomplished by following a
Part 161 process. This would be a “long term” project that would have a “high cost”.
Mr. Kirsch also lists “cooperation with the FAA” as a requirement. It is clear that
almost none of the 40 items actually will have any impact on noise even if
It is the position of QSC that:
during the remaining 34 months that grant assurances are in effect and, if the
town cannot control noise significantly within that time with FAA cooperation,
then the grant assurances should be allowed to expire so that the Town can
exercise all the powers allowed by the 1998 decision of the US Second Circuit
Court of Appeals in National Helicopter Corp., v. the City of New York,
137 F3d 81 (1998), that is: restrict hours of operation, numbers of operations,
and types of aircraft.
2. Any further actions by the Town Board regarding the implementation of
Mr. Kirsch’s plan or any other plan should be subject to full public hearings
at every stage of the process. Any proposal for implementation of noise
abatement should be made public for a reasonable period before it is set
for public hearing.
QUIET SKIES COALITION PO Box 956 Wainscott, NY 11975