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Airport Accord Shaky

March 5, 1998
By
Carissa Katz

Last week a settlement seemed likely, but this week, days before a $2.7 million grant for runway repaving at East Hampton Airport is to expire, town officials say they doubt a lawsuit brought by residents opposed to the project will be resolved before the grant deadline.

Despite that, at least two Town Board members believe the Town Supervisor will accept the grant money from the Federal Aviation Administration and sign a construction contract for the repaving.

"We'll do the right thing," Councilman Peter Hammerle said Tuesday afternoon. By that, he said, he meant that the town would proceed with the repaving of the airport's main runway, but put other projects on hold pending a new airport master plan.

Public Scrutiny

Richard Cahn of Melville, the town's attorney in various airport-related lawsuits, has met almost weekly with litigants in the suit and their attorney, Pat Trunzo 3d, attempting to reach an agreement that would allow the work to proceed but also satisfy some of the litigants' concerns about airport expansion.

Mr. Trunzo said yesterday afternoon that he still believes a settlement is close and that the Supervisor will ask the F.A.A. for a brief extension of the grant.

Both Republicans and Democrats on the Town Board are willing to insure that future airport projects receive the public scrutiny runway opponents have asked for.

"We will adhere to mitigation measures whether Trunzo wins or loses," Councilwoman Pat Mansir said yesterday. Earlier in the week, however, both she and Mr. Hammerle said several other sticking points between the town and the litigants would likely prevent a settlement this week.

Touchdown

"There is only one major issue left to resolve," Mr. Trunzo said yesterday. If the F.A.A. allowed the town to move the touchdown point on the main runway, shortening the distance available for landing, the suit could be settled, the attorney said.

Moving the touchdown point could effectively limit the size of aircraft using the runway.

"That gets to the basic question - are we going to have a general utility airport, or a basic transport airport?"

Two weeks ago, a third party, the East Hampton Airport Property Owners Association, sought to intervene in the suit on the town's side as "an affected party," according to the East Hampton Aviation Association's announcement of the action.

This group favors the runway project and is concerned that a closed-door agreement between the litigants and the town, before they have a chance to be heard, could affect their investments at the airport.

In a release, Anthony Darienzo, the attorney for the property owners, said "the right thing to do would have been to recognize that [the town] can't negotiate the airport away without acknowledging that there are parties who have made substantial investments in airport property based on prior agreements with the town."

Scores Bonding Lack

Mr. Darienzo urged the town not to ignore the concerns of one affected party while negotiating with another.

He maintained the town was "not committed to defending itself against these litigants." If it had been, he said, it would have insisted they put up a $3 million bond to cover the runway work, in the event they lose in court and the F.A.A. grant expires.

Representatives of Myers Aero Services, Sound Aviation, and East Hampton Aire, who in the past have been on opposite sides in disputes over hangar and terminal space allocations, have joined in condemning the stipulations of the town's "imminent settlement with the plaintiffs," according to a letter sent to The Star and the Town Supervisor.

Negotiating sessions have been held in executive session and the letter does not specify the nature of the stipulations, but among the items apparently under discussion as part of a settlement is a 500 percent increase in landing fees for aircraft not based in East Hampton.

Councilman Hammerle said yesterday afternoon that it was premature to protest the details of a settlement when the town doesn't even know if it will reach one.

 

 

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