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Conference vmszoo::flying

Title:General Aviation
Notice:For Sale=3.*, Who's Who=98.*, Goodbyes=99.*
Moderator:STAR::BUDA
Created:Mon Mar 17 1986
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:5214
Total number of notes:66213

5196.0. "Merrimack Planning Board - Aviation Action" by VMSSG::FRIEDRICHS (Ask me about Young Eagles) Wed Jan 15 1997 10:54

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5196.1State lawVMSSPT::FRIEDRICHSAsk me about Young EaglesWed Mar 05 1997 13:5217
    Attention NH Residents!!!
    
    The law that was passed last year that made flying an "accessory use"
    of residential property is being challenged.  There is a state senate
    bill that will overturn that law, that is being heard in committee
    Thursday, March 6, and will be voted on later this session.  
    
    If you can make the hearing, great!!  If you can't, please take a few
    minutes to write to you state senator.
    
    Mail from Walt Porter, (Brentwood NH pilot that got the original law
    passed) follows.
    
    Cheers,
    jeff
    
    
5196.2VMSSPT::FRIEDRICHSAsk me about Young EaglesWed Mar 05 1997 13:5383
From:	US2RMC::"[email protected]" "Jeff Friedrichs"  4-MAR-1997 15:37:59.93
To:	vmsspt::friedrichs
CC:	
Subj:	Concord Hearing (fwd)



---------- Forwarded message ----------
Date: Fri, 28 Feb 97 19:13:15 -0700
From: [email protected]
To: [email protected]
Subject: Concord Hearing

Item Subject: cc:Mail Text
     Jeff,
     
     I lost your card and just found it.  Here's the info regarding the 
     Senate hearing on the bill to repeal the law that makes private 
     landing areas accessory use.
     
     Fellow NH Residents,
     
     You have expressed in interest in attending the hearing in Concord on  
     the bill to repeal the law that made my private airstrip legal.
     
     Here are the particulars:
     
     The bill that was passed last year:
     
     218:1 New Paragraph; Accessory Uses; Aircraft Landings.  Amend RSA 
     674:16 by inserting after paragraph IV the following new paragraph:
     
     V. In its exercise of the powers granted under this subdivision, 
     the local legislative body of a city, town, or country in which there 
     are located unincorporated towns or unorganized places may regulate 
     and control accessory uses on private land.  Unless specifically 
     proscribed by local land use regulation, aircraft take offs and 
     landings on private land by the owner of such land or by a person who 
     resides on such land shall be considered a valid and permitted 
     accessory use.
     
     
     The bill presented by Senator Barnes, District 17 to repeal the above 
     law:
     
     Senate Bill 217
     
     Repeal.  RSA 674:16, V, relative to aircraft take offs and landings on 
     private land, is repealed.
     
     The hearing will be:
     
     Thursday, March 6th
     Legislative Office Building Room 103 1:45pm
     
     If you can't make the hearing, a letter to your state Senator 
     expressing your position relative to SB217 will help.
     
     I am planning on meeting with supporters for lunch a few blocks from 
     the State House to discuss strategy.  When I get the name of the 
     restaurant and directions, I'll let everyone know.
     
     You don't have to say anything- you can just sign in and check off 
     that you are opposed to the bill, but aren't going to speak.  If you 
     know of anyone else who would be willing to come please let me know.
     
     Thanks for your support,
     
     Walt 
     [email protected]


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% Date: Tue, 4 Mar 1997 15:15:29 -0500 (EST)
% From: Jeff Friedrichs <[email protected]>
% To: vmsspt::friedrichs
% Subject: Concord Hearing (fwd)
% Message-Id: <[email protected]>
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5196.3VMSSPT::FRIEDRICHSAsk me about Young EaglesWed Mar 05 1997 13:5580
From:	US2RMC::"[email protected]" "Jeff Friedrichs"  4-MAR-1997 15:37:48.72
To:	vmsspt::friedrichs
CC:	
Subj:	More Concord info (fwd)



---------- Forwarded message ----------
Date: Fri, 28 Feb 97 19:17:21 -0700
From: [email protected]
To: [email protected]
Subject: More Concord info

Item Subject: cc:Mail Text
     Jeff- more info:
     
     Airstrip supporters,
     
     Some of you have expressed in interest in writing a letter to your 
     State Senator because you may not be able to make it to the hearing in 
     Concord next week.  In addition, it probably wouldn't hurt if you 
     wrote a note to your Senator anyway. 
     
     If you know your district, a list of Senators is at:
     
     www.state.nh.us/senate/members.htm
     
     Here's an idea of what you may want to say.  Feel free to use the 
     idea, but try to use your own words, since personal letters are more 
     effective than form letters.
     
     
     Senator <your senator here>
     The Senate of the State of New Hampshire 107 N. Main Street
     Concord, NH   03301
     
     Dear Senator <xxx>,
     
     I would like to express my oppostion to Senate Bill 217, the repeal of 
     RSA 674:16, V, relative to aircraft take offs and landings on private 
     land.  The law as currently enacted, already allows individual towns 
     to regulate or proscribe aircraft landings, and I feel the decision 
     should be left up to the individual town.  I also believe that 
     aircraft landings, or any other reasonable hobby should be allowed 
     unless specifically denied by town vote, rather than denied 
     automatically, which would be the effect of the repeal.
     
     Please support New Hampshire resident's right to reasonably use their 
     land by voting against SB217.  Thank you for your consideration.
     
     Sincerely, 
     
     xxxxx
     Your Town
     
     
     Some other ideas:
     
     - Balance of the right of individuals vs. unsubstantiated accusations 
     of safety risk and noise.
     - What hobby will be next- snowmobiles, dirt bikes, etc? - NH motto- 
     Live Free and Die- why you moved to NH.
     
     If you don't know who your Senator is, give your town hall a call.  
     Thanks for your help,
     
     Walt


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% Date: Tue, 4 Mar 1997 15:15:48 -0500 (EST)
% From: Jeff Friedrichs <[email protected]>
% To: vmsspt::friedrichs
% Subject: More Concord info (fwd)
% Message-Id: <[email protected]>
% Mime-Version: 1.0
% Content-Type: TEXT/PLAIN; charset=US-ASCII
5196.4Walt Porter wins one!VMSSG::FRIEDRICHSAsk me about Young EaglesWed Mar 12 1997 10:3928
Date: Wed, 12 Mar 97 08:35:58 -0700
From: [email protected]
To: [email protected], [email protected],
    [email protected]
Subject: Victory in Brentwood

Item Subject: cc:Mail Text
     Gang and others,

     Though not completely Grumman related (but I will land my Tiger
     there), this is to report that our town voted 480 to 274 to NOT
     prohibit landing strips in the town.  This pretty much settles a five
     year controversy over our private airstrip that was closed for four
     years following an accident (not us, and not a Grumman).

     Many of you know Bonnie and me, so this is the easiest way to spread
     the good news.  Please don't tie up the list with congratulations-
     please send direct.  And whatever you do, don't even THINK of landing
     at our strip.
  
     Ain't victory sweet!

     Walt
     [email protected]
     Tiger N4519B Lawrence, MA
     J-3C N1573N Brentwood, NH (And it's gonna stay there!)

  
5196.5PCBUOA::MEDRICKWed Mar 12 1997 11:092
    Nothin' like establishing an adverse relationship with your
    neighbors to make life pleasant in N.H..
5196.6Another WinSMURF::LIUMy Beer? Scudrunner Dark of courseThu May 08 1997 11:55100
    
    Reprinted without Permission for non-commercial use...
    
    House kills bill to set moratorium on private airstrips
    
    Associated Press, 05/08/97 02:31 
    
    
    
                   CONCORD, N.H. (AP) - New Hampshire's
                   House has let stand a law that allows
                   landowners to build private airstrips anywhere
                   in town unless the town specifically forbids it
                   through zoning ordinances. 
    
                   The House voted 223-114 Wednesday not to
                   suspend the 1996 law for one year. The
                   moratorium was to let communities decide if
                   they want to allow the airstrips without
                   worrying about landowners putting them in
                   first. 
    
                   The moratorium was devised as a way to settle
                   a dispute that evolved out of a case in
                   Brentwood. Some Brentwood residents
                   wanted to repeal the law because it allowed
                   one of their neighbors to fly an antique Piper
                   Cub from their back yard. 
    
                   The law allows any property owner to take off
                   and land any ``aircraft'' - Piper Cub, hot air
                   balloon, helicopter, 747 - on the land he owns
                   unless specifically forbidden. 
    
                   Moratorium supporters argued Wednesday not
                   all communities were aware of the proposed
                   law when it worked its way through the
                   Legislature last year. They also objected it
                   took away a local zoning right by mandating a
                   specific use.
     
                   `Last year, the Legislature singled out one use
                   and dictated it to all communities,'' said Rep.
                   Cynthia Dokma, R-Amherst. ``This is not
                   about Brentwood. This affects every
                   community in New Hampshire.'' 
    
                   Opponents countered the law provides
                   guidance not previously in the statutes. Rep.
                   Kenneth Weyler, R-Kingston, the law's
                   author, said only a few people in Brentwood
                   living next to a private airstrip are behind the
                   effort to suspend it, not municipal officials
                   from across the state. 
    
                   ``The Brentwood neighbors are obsessed that
                   the sky is falling on them,'' Weyler said. 
    
                   Opponents also pointed out that the town
                   voted against prohibiting private airstrips in
                   March. 
    
                   However, moratorium supporters argued the
                   law short-circuited the ``permissive'' zoning
                   controls most communities have because those
                   ordinances, while they list permitted uses, do
                   not specifically prohibit airstrips. 
    
                   Since most municipalities have never had to
                   consider the idea, most have no bylaws on the
                   subject. 
    
                   The moratorium would have given
                   communities an opportunity to regulate
                   airstrips before the original law took effect
                   again June 1, 1998. 
    
                   In the Brentwood case, Walter and Bonnie
                   Porter began using a half-mile-long field as a
                   private airstrip in 1991. They used it without
                   objection until 1992 when a visiting pilot
                   overshot the grassy field and crashed his small
                   plane in a neighbor's back yard. 
    
                   Selectmen ordered the Porters to stop and
                   voters twice rejected their request to amend
                   the zoning ordinance. They then got Weyler,
                   an American Airlines pilot, to sponsor the law
                   debated Wednesday. 
    
                   Some neighbors sued unsuccessfully to get the
                   court to order the Porters to stop flying. 
    
                   The town voted 480-276 in March to reject a
                   citizen petition prohibiting the airstrips. 
    
                   After the law took effect, a dispute over a
                   helicopter pad prompted Merrimack to enact
                   restrictions. 
    
5196.7PCBUOA::MEDRICKThu May 08 1997 15:415
    Since private airfields are annotated on aeronautical charts, the
    field is highlighted for use in an emergency. I would think the
    previous accident at the airfield would have had some weight in
    the discussion. A crash on an abutter's property is going to result
    in a large law suit.
5196.8Not LikelySMURF::LIUMy Beer? Scudrunner Dark of courseFri May 09 1997 09:5913
    
    Actually, private airports are NOT put on the charts by
    default.  The owner has to fill out the forms and request
    it.  Every once in a looong while, the Feds send out
    folks to survey what fields are out there.  I've heard some
    funny stories of "missing" airports from a friend who used
    to do that.
    
    I can take you to many many airports, up and down the east coast,
    that are not charted.
    
    Ever been to Poverty Flats?
    
5196.9PCBUOA::MEDRICKFri May 09 1997 16:321
    The military surveys every six months NLT 1 year, and feeds the CHUM.