Resident fights Town Hall, and wins
A judge has upheld the claim by Raymond Keenan, of Shirley, that Brookhaven was wrong to attempt to clear trees around Calabro Airport, a move town officials said the town made out of necessity when ordered by the Federal Aviation Administration. (Aug. 16, 2011) Credit: Newsday/Steve Pfost
Raymond Keenan feared that a Brookhaven Town plan to clear three acres of trees near Calabro Airport would cut down the only buffer between the airport and his neighborhood, so he took the only action he thought would stop the project.
He sued the town. And he won.
State Supreme Court Justice Thomas Whelan ruled last month that Brookhaven did not perform a thorough enough environmental assessment before awarding a permit for tree clearing at the town-owned general aviation airport in Shirley.
Town officials said the trees, most of which are about 60 to 70 feet tall, need to eventually come down because of a Federal Aviation Administration ruling that pilot visibility must be improved.
But Keenan, who lives on Grand Avenue, which abuts the 600-acre airport, is emboldened by his legal victory and vowed to keep fighting any plans to clear out the trees.
"They are the last trees between the airport and my neighborhood," he said. "There would be no buffer zone. It's already too noisy."
As a result of the lawsuit, the town is redoing its environmental assessment, said Councilman Daniel Panico, who represents the area. The clearing project -- which is suspended until the new assessment is completed -- included cutting three acres, "topping" some trees by removing their upper sections and planting 750 replacements of shorter varieties, town officials said.
Whelan's ruling found Brookhaven "failed to give a reasoned elaboration for its determination that the tree removal . . . would not have a significant impact on the environment."
He also ruled the town "failed to identify the relevant areas of environmental concern."
Panico said the town has tried to use topping instead of clear-cutting as much as possible, but some clear-cutting is necessary to "make the approaches and the flight patterns safer."
The general aviation airport handles about 135,000 arrivals and departures each year.
The town has overseen clearing several dozen acres in the past four years, prompting nearby residents and members of the townwide Affiliated Brookhaven Civic Organization to claim the action lowered their property values and caused noise pollution.
The FAA and Brookhaven are sympathetic to the residents' concerns, but both need to maintain safety at the airport, according to the agency and the town.
"We need to have it cleared for safety reasons, for aircraft coming in at the airport, but there's also concerns with the community as far as the visuals," said Arlene Sarlac, an FAA spokeswoman.
Keenan said he awaits the town's next attempt to clear trees, which he said he will be ready to fight.
"I would prefer not only that they not do any more clearing, but they revegetate some of what they have already done," he said.
'We have to do better' Newsday high school sports editor Gregg Sarra talks about a bench-clearing, parent-involved incident at a Half Hollow Hills West basketball game.
'We have to do better' Newsday high school sports editor Gregg Sarra talks about a bench-clearing, parent-involved incident at a Half Hollow Hills West basketball game.
