Judge halts Andover skydiving

[JoeyRamone 0]

Judge halts Andover skydiving

Posted Friday, January 16, 2004 by Webmaster

By JENNIFER LILLY
Herald Staff Writer

A skydiving operation that has long been the subject of complaints from Andover Township residents has been shut down by order of an administrative law judge.
Sky’s The Limit, owned by Jeffrey Root, has been locked in a battle with the township and People Against Airport Expansion, a local grassroots organization opposed to the business.
Residents living near Newton Airport, on Stickles Pond Road, have complained for years about the constant buzz of low-flying airplanes operated by Sky’s The Limit, a skydiving operation located at the airport. They were also angered by incidents of skydivers landing in people’s backyards.
The four-year long fight ended on Thursday when Judge Thomas E. Clancy, sitting Newark, issued a ruling revoking Sky’s The Limit’s temporary operating licenses. There were five licenses issued by Theodore H. Matthews, executive director of the state Division of Aeronautics. The licenses span April 5, 2000 to April 13, 2003.
Clancy said in his ruling that Matthews made a mistake by issuing the first temporary license on April 5, 2000, because he relied on the sloppy work of his staff. Much of the paperwork and necessary information was missing from the application Matthews reviewed, Clancy said.
Clancy also ruled that the first temporary license was not in compliance with the state Administrative Code. The original license was “corrupted, illegitimate and void,” he said.
“It’s just a shame that it’s taken this long and this much money to prove what we’ve been saying all along,” said Township Administrator Richard Stewart, who received the 19-page ruling Thursday afternoon.
PAAX is made up primarily of people who live near Newton Airport and were upset over the noise caused by airplanes carrying skydivers flying over their homes on a daily basis.
“We’ve had more noise than Newark airport people,” said Mike Kostelnik, a member of PAAX. Kostelnik lives about one mile from the airport’s 3,300-foot runway and said often planes fly as low as 100 feet over his house.
Clancy said the commissioner of the Department of Transportation decides whether to issue a permanent license, but he pointed out local and state regulations which must be considered.
There is an township ordinance that restricts aircraft use, but it doesn’t mention a parachute drop zone. The judge said that if an ordinance doesn’t mention a use, that doesn’t mean it is permitted. Instead, any new use must be approved by the township, he wrote.
“Why did we have to take it this far and spend taxpayer money just to enforce our own ordinances?” said Mayor John Carafello. “We have laws and ordinances in this town and we expect them to be followed — by everybody.”
Root will have to request a site plan review and apply for a variance if he wishes to reestablish his business in Andover Township.
Under state law, he must demonstrate four items for the variance to be approved:
• that special reasons exist for the variance to be granted;
• that there would not substantial detriment to the pubic good if it were granted;
• that it would not substantially impair the intent and purpose of the zone plan; and
• what the impact would be on the limits of runway subzones and endzones.
Carafello said everyone has the right to ask the township for a variance. If Root chooses to comply with the ordinance and apply for a variance he will be given a fair hearing, the mayor said.
“We are grateful with Judge Clancy’s decision. He has clearly indicated that the position of Andover Township was correct all along — that Mr. Root has not followed the law and, very frankly, we think that the commissioner should be quite concerned over Judge Clancy’s determination that the issuance of the temporary license was ‘corrupted’,” Stewart said. “We knew what this person was doing was wrong — this just proves it.”
Stewart said he believes the decision is effective immediately.
“I’m just glad somebody sees Andover Township’s side for a change,” Carafello said.
Root couldn’t be reached for comment.

[arlo 0]

this is seriously fucked up.

is there anything that can be done to help skys the limit? can the uspa do anything? can individual skydivers do/write something that would help the cause?

anyone in a position that would know, please advise....

arlo

p.s. please keep up updated.

[JoeyRamone 0]

That is a shitty deal. Good idea what can be done to help?

[chuteless 1]

This is the election year isnt it? Get hold of the people who are running in that district, and subtly tellthem if they wany some viotes of the entire skydiving community for their party, they might like to help Skys the Limit.

Its worth a try and better than sitting on your hands watching.

Bill Cole D-41

[rendezvous 0]

Just spoke to Sky's The Limit personnel. They say, there's nothing to worry. The the ruling does not apply since only the FAA and the DOT can rule over it. The operation will continue. By the way, when was this news reported ? I hope it's not old news coming back into circulation.

[JoeyRamone 0]

I hope it's not old news coming back into circulation.
***

It came across the wire today....

[rehmwa 2]

Quote

A skydiving operation that has long been the subject of complaints from Andover Township residents . . . . If Root chooses to comply with the ordinance and apply for a variance he will be given a fair hearing, the mayor said.

A 'fair' hearing. Think that's possible? A handful of neighbors complain and likely all the local restaurants and bars lose all the business the skydiver's brought.

How does your dropzone 'make nice' with the locals?

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

[benny 0]

That's complete bunk. Hmm, isn't the USPA supposed to do something like defend the rights of skydivers. Has anybody given them a call to see if they will send in some legal eagles...? Hmm, lawrocket should check this out.

Never go to a DZ strip show.

[billvon 2,400]

>The the ruling does not apply since only the FAA and the DOT can rule over it.

The town cannot (theoretically) prohibit his use of the airport. They can, however, prohibit him from operating a business there.

[skysthelimit 1]

This is the perfect example of don’t believe everything you read

Sky’s the limit will not be closing STL will be flying tomorrow and the next day and the day after that.

Thank you all for your concerns and support

We do have a very exciting summer schedule planned and I look forward to seeing and meeting you all.

If there is anything in the future you could do for us, I will be sure to let you guys know.

Thank you all

Teresa
Sky's The Limit

[jumpingjoe 0]

I was in shock when I heard that the community was attempting to prevent skydiving in that secluded region of New Jersey.

As a long term resident of the state, 30 years and counting, I have been to many areas of the state from the beautiful shores to gorgeous mountain regions. I have partaken in various activities to help me personally enjoy the state for what it is. I have grown up surfing the Jersey Coastline, rock climbed in Allamuchy State Park (as well as other areas in the USA), Kayaked some of our lakes and streams, snowboard our ski areas, as well mountain bike and hike to areas that most people can only dream about. So as you can see I am quite adventurous and safety plays a large role into how I live my life. Which leads me into the issue at hand: skydiving at Sky’s The Limit.

I am proud to say that I am an AFF program graduate through Sky’s The Limit. This program is designed to teach a person the element of safety within a sport perceived dangerous. I chose Sky’s The Limit, after researching other Drop Zones in NJ. Sky’s The Limit made me personally feel welcome and safe long before I ever left the ground. I took some time to visit them and sit with the instructors to ask a large amount of questions regarding the safety aspects of this sport. Their commitment to the safety of the skydivers is among the best that I have experienced thus far. They stand firm regarding the FAA rules and regulations governing them. The individuals that make up the community at Sky’s The Limit are head and shoulders above the rest. In fact, on a beautiful Saturday afternoon, many people, including families from the community, come to simply watch and enjoy the grace of the skydivers. Everyone is always welcome at Sky’s The Limit. Which is surprising since the community would like for them to leave.

When I made my first AFF jump, many skydivers that I had met waited patiently while I made that inaugural leap late in the day. I felt a sense of support and belonging that was like no other feeling I have ever had.

So they are concerned with low flying planes. This compared to other airports also located in the same area; Aeroflex being a full service airport and Trinca, which has low flying practice planes that take-off, circle at low altitudes and land.

So how much of the taxpayers money is going into this and how open is the town in sharing that fact with their citizens?

Blue Skies
JumpingJoe

[Rdy2skydive 0]

This is absurd. I thought it was a newspaper's responsibility to report facts. Besides,
there are quite a few local businesses that are frequented by skydivers from STL. I wonder how the townspeople would feel if their own residents lost their businesses as a result of STL being shut down.

It's a three day weekend and my friends and I will be braving the cold and making some jumps there. We're looking forward to a great summer there too.

[Jimbo 0]

I find it absurd that people who moved next to an airport have the gall to complain about the noise of airplanes. It's not as if the airport popped up overnight, it's not as if it wasn't there when they moved in.

Idiots and Asshats.

-
Jim

"Like" - The modern day comma
Good bye, my friends. You are missed.

[Rdy2skydive 0]

I agree. That airport has been there for 40 years (or something like that). I live somewhat near Newark airport. If these people think that the noise of a Caravan, Cessna or Otter are too much they should try having a 747 fly over your head 30-40 times a day in the summer. No way does the noise at STL even compare to the noise of an international airport. These people are crazy.

[diablopilot 2]

What's the name of the airport they opperate from and has the airport been given any Federal funding? Many muncipal airports have, and if they've accepted federal funding there are very specific rules that prevent businesses being run off to prevent missuse of the funds.

----------------------------------------------
You're not as good as you think you are. Seriously.

[dreamsville 0]

Maybe some of them don't like skydivers and this is just their latest attempt.
|

I don't drink during the day, so I don't know what it is about this airline. I keep falling out the door of the plane.

Harry, FB #4143

[lawrocket 3]

Quote

>The the ruling does not apply since only the FAA and the DOT can rule over it.

The town cannot (theoretically) prohibit his use of the airport. They can, however, prohibit him from operating a business there.

billvon is correct. On top of that, local ordinances can be stricter than those of the federal government.

Furthermore, a local court may issue an injunction on the basis of common law nuisance. As legally screwed up as it sounds, there is no defense of "coming to the nuisance." A "nuisance" is a "nuisance." This means that if the airport has been there since the birth of flight, and I move there tomorrow, I can file a nuisance lawsuit to stop the aircraft operations that may be a nuisance.

I don't know the facts or the procedural posture of this matter, but it is an interesting matter.

My wife is hotter than your wife.

[Hazarrd 1]

so is this something cross keys needs to be worried about? they are nestled in a heavily residential area as well and thus jumpers land out in backyards/golf courses frequently. hope this is just an isolated incident...

.-.

[bch7773 0]

Quote

I find it absurd that people who moved next to an airport have the gall to complain about the noise of airplanes. It's not as if the airport popped up overnight, it's not as if it wasn't there when they moved in.

Idiots and Asshats.

true. and they probably got their house or land cheaper since it was right next to an airport. they have no right to complain once it starts making noise.

this is like someone buying a house next to a highway and then trying to make driving illegal!

MB 3528, RB 1182

[Jimbo 0]

Quote

so is this something cross keys needs to be worried about? they are nestled in a heavily residential area as well and thus jumpers land out in backyards/golf courses frequently. hope this is just an isolated incident...

It is absolutely something that CK needs to worry about.

The DZO at CK has gone out of his way, I believe, to form a strong, positive, relationship with the community. We support the local FD, police department, invite the neighbors to the DZ and more. I'm pretty sure that there is a reason for this. A positive contribution to the community goes a long way towards ensuring good will.

-
Jim

"Like" - The modern day comma
Good bye, my friends. You are missed.

[lawrocket 3]

Quote

so is this something cross keys needs to be worried about? they are nestled in a heavily residential area as well and thus jumpers land out in backyards/golf courses frequently. hope this is just an isolated incident...

Well, from a purely legal standpoint, any jumper who lands on private property, like a house or a yard, can be sued and be liable for trespass.

To the non-jumping public, a skydiver coming into a backyard could be viewed no differently than some punk kid climbing the wall into the backyard.

This is the "Farmer McNasty" thing. The sad part is that Farmer McNasty can have a leg to stand on (unless he falsely imprisons).

I personally would be concerned about landing in a golf course. Wide open fairways, but I've been known to drive balls into people fucking around in the fairway when I'm setting up the second shot on that long par 5!

My wife is hotter than your wife.

[sickwill 0]

well all i know is X-keys is still open and all of our non-jumping public loves us. i also know we have plenty of air power for everyone so come on out.

-------------------------
~~~i love this shit~~~

[thelem 0]

What are the laws about trespass in the US?

According to our university law lecturer who used to run her own legal practise, in the uk there is no law against trespassing. You can get in trouble for refusing to leave when asked (not likely to be a problem) or causing damage, but not actual tresspassing.

[Amazon 7]

Could there be a conflict of interest on the part of the neighbors. How many of the the township neighbors are actually pilots and do not like skydivers to begin with. I would also question how many of them have airplanes and wish to have a nice private personal airport without the extra traffic in the area.

[slug 1]

Lesson learned the press will never get it correct.

Look at it from the some of the neighbor's point of view. They work during the week and moved out to the country for some nice piece and quite.

The airport was there first but due to their schedual or a sharp real estate agent they looked at the house during the week when the DZ wasn't operating.

Big surprise when the new homeowners move into their country dream home the first weekend and find out their going to start getting a buzz job all weekend starting at 10-12 in the morning.

(Funny T.V. ad about guy who bought a house and later found out the big planes were T.O. over his house. Guy's sitting on porch advisng son to find a good real estate agent).

Some neighbor's can come up with real creative concerns: jumpers landing on neighbor's property and "compacting the soil", jumping land on neighbors property and if the jumper gets hurt on landing the neighbor can be sued by the jumper.
Jumpers driving to fast on the way to the DZ. Zoning issue's.

This may not be the case at Andover but how bad can it get? How about someone taking the pilot rig out of a cessna soaking it in a flamable liquid returning it to the plane with a match. result total loss of airplane.

All this has happened at different DZ's the neighbor's will never be happy but some DZ's have changed their starting hour's on weekends. Jumpers drive a little slower driveing thru residental area's on the way to the DZ.

BTW the FBI investigated the torching of the cessna, polygraph tests of some neighbor's but they never could prove who did the arson. Messing with a airplane is a federal offense.

Maybe consider cctv, alarm system etc to protect property. The neighbor's won't give up and this can be dragged thru the courts for 5-10 yr's. But thats 5-10 yr's of more jumping.

I don't think the neighbor's hate jumpers per say they just want to enjoy their little deam houses in piece and quite.

Don't worry be happy! The DZ's mentioned above are still operating one 15-20 yr's after the neigbors started bitching and the arson thing.

R.I.P.