NYDOT Accused Of Doing Airport's "Dirty Work"

By ANN Editor Pete Combs

Okay, this may be stepping out of the role of objective journalist, but how stupid is this: A Connecticut-based grocery chain wants to build a store near Republic Airport in East Farmingdale (NY). That's well and good except that the store wants to build inside the RPZ at the end of Runway 14.

Hello? Isn't that sort of like building a hiking trail on the edge of a minefield?

In a letter from the NYDOT to Stew Leonard's stores and obtained by Suffolk Life Newspapers, DOT officials said, "Given the state's legal obligation, and the express direction of the FAA, this letter notifies you that the state may not and will not grant easements over the property it acquired for aviation purposes because the grants of such easements would act to facilitate the location of a retail establishment within the RPZ for Runway 14."

RPZ?

A little explanation is in order for aviation novices and those who just plain forgot. The Runway Protection Zone (RPZ) is, according to the FAA:

A trapezoidal area off the end of the runway to enhance the protection of people and property on the ground in the event an aircraft lands or crashes beyond the runway end. Runway Protection Zones underlie a portion of the approach closest to the airport.

Okay, what part of that explanation doesn't Stew Leonard understand? The grocery chain says, regardless of the decision, it still plans to build the store in the RPZ and have it open by next year.

In a news release, the grocery chain said:

Stew Leonard’s has a contract to purchase the 19-acre site from the Fairchild Corporation and in our desire to be open by 2005, has already completed site preparation, poured foundation and had steel delivered.

However, Stew Leonard’s has delayed construction until further notice. The reason for the delay is due to a legal dispute between the owner of the property, Fairchild Corporation, and the State of New York Office of General Services, over a 6-acre section of the site previously owned by the state of New York. The process of resolving this dispute could delay the project for an undetermined amount of time.
 
Despite this delay, Stew Leonard’s remains committed to opening a food store in East Farmingdale, and we thank you for your continued support.

Wake up! You've poured the foundation of a building in a zone set aside for aviation mishaps! If, God forbid, something were to go wrong on an approach or take-off, there would be blood and carnage on aisle 6! And you know who'll get the blame? Not Stew Leonard's. The pilot, the company that made the plane, the airport, everyone who ever worked at the airport and the airport manager's dog!

Apparently, Babylon (NY) Town Councilman Wayne Horsley is even more dense. He accuses the NYDOT of doing Republic Airport's "dirty work."

"They are using the DOT to push their agenda," Horsley said. "It's not only worrisome, it's anti-development."

Oh, brother.

But the madness doesn't end there. Babylon Town Supervisor Steve Bellone suggests Republic Airport shorten Runway 14 to accommodate the grocery store. "We don't want the airport controlling the development in the area," Bellone said, according to Suffolk Life. The town has reportedly submitted a list of things it wants from the airport, an indication that the long-running battle between developers and aviators won't let up anytime soon.

ANN realizes the pressure urban growth puts on airports. But the RPZ at Republic has been there as long as Runway 14 has been there. Buying up land upon which an arriving or departing aircraft might fall and then building a supermarket and filling it with people just boggles the mind. It doesn't matter whether you're a pilot or not -- it's nonsense of the highest order.

In fact, it's the same principle you'll find among people who build homes near an airport, then try to shut it down because of the noise.

In its discussion paper on RPZs, the FAA says:

It is FAA policy to object to incompatible land uses that are proposed for property within the RPZ whether or not the airport owns the land and such objection should be anticipated. In particular when we receive a proposal for an airspace study under Part 157 for the RPZ we will object when that proposal conflicts with an airport planning or design standard or recommendation.

So take that, Stew Leonard. Do battle with the FAA, Messrs. Horsley and Bellone. Good luck winning that fight.

And yet, the trend is apparent and disconcerting. Whether it's Republic Airport in New York or Buchanan Field in California or Alfred Whitted Field in St. Petersburg, there's a growing tension between elected officials and aviators. What worries us is that tension of this type puts pressure on federal officials. Will there come a time when the FAA starts caving in on matters related to airports and growth?

FMI: www.faa.gov, www.republicairport.net, www.stewleonards.com