FW: Friends of the East Hampton Airport eta! v. Town of East Hampton- FAA Docket 1... Page I of I 

FW: Friends of the East Hampton Airport et al v. Town of East Hampton -

FAA Docket 16-15-02 - Affidavits of Ewalt and Catarelli v'" 

Shelley Ewalt [sewalt@mklawnyc.com] 

Sent: Monday, June 08, 2015 10:33 PM 

To: 9-AWA-AGC·Part-16 (FAA) 

Attachments: E Catarelli Affidavit 2015~1.pdf (3MB) ; S Ewalt Affidavit 2015-06-05.pdf (320 KB) 

Please excuse the error the previous attachments attached below were the wrong version. Please accept for 

the attached Ewalt Affidavit I Exhibit 1 and Catarelli Affidavit/ Exhibit 1. 

Best regards, 

Shelley Ewalt 

Shelley A. Ewalt 

Of McBreen & Kopko 

Direct: (703) 399-6078 

Email: sewalt@mklawnyc.com 

From: Shelley Ewalt 

Sent: Monday, June 08, 2015 5:41 PM 

To: 9-AWA-AGC-Part-16@faa.gov 

Subject: Friends of the East Hampton Airport et al v. Town of East Hampton - FAA Docket 16-15-02 - Affidavits 

of Ewalt and Catarelli 

Please accept for filing in the above-captioned matter, the Friends of the East Hampton Airport's, Affidavits of 

Ewalt and Catarelli. These affidavits were inadvertently left off of the filing sent earlier today to the docket. We 

would appreciate your adding these two affidavits to today's filing in the proceeding. 

Best regards, 

Shelley Ewalt 

ShelleyA. Ewalt 

Of Counsel, McBreen & Kopko 

Direct: (703) 399-6078 

Email: sewalt@mklawnyc.com 

https://email.dot.gov/owa!?ae=Item&t=IPM.N ote&id=OUM.RgAAAAB2zEDBJe3iQoDU. .. 6/1112015 
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

_l';ED~RAL AVIATION ADM!]'I!STRA TION 

In rc the Complaint of 

FRIENDS OF THE EAST HAMPTON AIRPORT, INC., 

ANALAR CORPORATION, ASSOCIATED AIRCRAFT 

GROUP, INC., HELICOPTER ASSOCIATION 

INTERNA T!ONAL, INC., HELIFLITE SHARES LLC, 

LIBERTY HELICOPTERS, INC., and SHORELINE 

A VIA T!ON, INC. 

Complainants, 

-againstEAST HAMPTON AIRPORT, 

a division of the TOWN OF EAST HAMPTON 

Respondent. 

Pursuant to Part 16 of the Federal Aviation Regulations 

STATEOFNEWYORK ) 

) ss.: 

COUNTY OF SUFFOLK ) 

Docket No.: 16-15-02 

AFFIDAVIT 

Evan P. Catarelli, being duly sworn, upon the penalties of peijury, deposes and 

says: 

1. l have been employed by Sound Aircraft Services, Inc. {"Sound") since 

2009and am an Operations Specialist. Sound is one of two Fixed Base Operators at East 

Hampton Airport. I make this Affidavit based on personal knowledge to assist the FAA's 

investigation in the captioned matter pursuant to Part 16 of the Federal Aviation 

Administration Regulations. 
2. On May 5, 2015, I took photographs that show the condition of the 

pavement of the main terminal ramp at the East Hampton Airport Attached as Exhibit I 

are true and correct copies of the photos. 

3. As the photographs illustrate, the condition of the ramp is poor, and it 

continues to deteriorate. 

4. The ramp is crisscrossed with numerous cracks, some large enough to catch 

and possibly damage aircraft tires, allow foreign object debris ("FOD") to settle until 

stirred up by propeller or jet current, or simply create trip hazards. 

5. Grass and weeds have grown in some holes which are as large as six inches 

wide and four inches deep. 

6. These conditions are hazardous and create concern by and for the safety of 

aircraft of all sizes and their passengers and pilots. 

Sworn to before me this 

1L day of May, 2015 

My commission Expires: Ju\{ J0' d::J16 

2 

ANGELICA RIOS CRUZ 

Notary Public State of New York 

No. 01 Rl6225682 

Qualified in Suffolk County Commission Expires July 26, ::V/8 
E. CATARELLI AFFIDAVIT 

EXHIBIT 1 
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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL A V!ATION ADMINISTRA T!ON 

In re the Complaint of 

FRIENDS OF THE EAST HAMPTON AIRPORT, INC., 

ANALAR CORPORATION, ASSOCIATED AIRCRAFT 

GROUP, INC., HEUCOPTER ASSOCIATION 

INTERNATIONAL, INC., HEL!FLITE SHARES LLC, 

LIBERTY HELICOPTERS, INC., and SHORELINE 

AVIATION, INC. 

Complainants, 

-againstEAST HAMPTON AIRPORT, 

a division of the TOWN OF EAST HAMPTON 

Respondent. 

Pursuant toPart 16 of the Federal Avi!l.tion Regulations 

STATE OF NEW JERSEY ) 

) ss.: 

COUNTY OF MERCER ) 

Docket No.: 16-15-02 

AFFIDAVIT 

Shelley A. Ewalt, being duly swom, upon the penalties of perjury, deposes and 

says: 

1. I am an attomey employed by McBreen & Kopko, counsel to the 

Complainants in this captioned proceeding. I am admitted to practice law in New Jersey, 

Pennsylvania, and the District of Columbia. 

2. I submit this affidavit in support of Complainants' Reply in this proceeding. 

3. On September 4, 2014, I participated in a meeting held in East Hampton 

with the Respondent's representatives and counsel attending. At that meeting, the 

Respondent stated that it had applied for Entitlement funds from the FAA. 
4. Attached as Exhibit 1 is a true and correct copy of the email response on 

September 17, 2014 from Steve Urlass, Manager of the New York Airports District Office 

of the FAA regarding the status of Respondent's application for Entitlement funding, and 

the status offhe Respondent's 2007 draft Airport Master Plan. 

Sw~ to before me this 

5dayof.June,2015 

JILL liS&~~~~ CommJSSIOn # 2357718 

Nota>y Pub!1c, State of New Jersey 

My Comn•iss1on Exp1res 

March 22, 2017 

2 
S. EWALT AFFIDAVIT 

EXHIBIT 1 
Shelley Ewalt 

From: 

Sent: 

To: 

Cc: 

Subject: 

Follow Up Flag: 

Flag Status: 

Hi Shelley, 

steve.urlass@faa.gov 

Wednesday, September 17, 2014 9:08AM 

Shelley Ewalt 

Leonard Kirsch; debbie.roth@faa.gov; Ignacio.Fiores@faa.gov; 

Teresa. Rizzuto@faa.gov; mary.m.mccarthy@faa.gov 

RE: Questions regarding East Hampton Airport 

Follow up 

Flagged 

Thank for your email on the East Hampton Airport. I have tried to address each one of your questions. 

hope this helps. If I can provide additional information, please let me know. 

1. The Town says have filed an application for of FAA Entitlement funding. Can you verify 

whether or not that is true? They also said cannot expedite the many overdue Airport repairs 

because $150,000 is such a smail amount to the repairs required. My understanding is that 

this is not how the Entitlement funding program works. My understanding is that Entitlement funding is 

not limited to a single year amount of but is available for up to three years and can be 

aggregated into one lump sum. Additionally, if the Town is willing to apply for Entitlement funding, then 

there is no reason for it not to aiso appiy for Discretionary funding, since the grant assurances apply 

equally in either type of 

We do not have an application from the Town of East Hampton for projects using entitlement or 

discretionary Airport Improvement Program (AlP) funds. You are correct that entitlements funds are not 

limited to a single year amount of $150,000. The airport can accrue non-primary entitlement funds for a 

period of four years before the funds begin to expire. The grant assurances apply equally to entitlement 

and discretionary funds. 

2. We understand that the Town received conditional FAA of their Airport layout Plan in 

2011. Has the required environmental analysis been completed in order to make this a completed and 

final ALP? Is the 2011 ALP currently the ALP? 

ALP approvals are done with certain "conditions" that must be met before construction of that item can 

be done. The most notable condition is that no item of development shown on the ALP can be done 

until the appropriate environmental review and issuance of the formal written environmental finding is 

completed. The items of development shown on the ALP represent the general location of these future 

facilities. An airport sponsor is required to submit for approval the final locations, heights, and exterior 

finishes of structures. This is known as the airspace review. Finally, approval of the ALP does not 

constitute a commitment on behalf of the FAA to participate in any recommended 

development. Necessary justification of those items of development is required and subject to the 

availability of AlP funds. We review these conditions on a case by case basis. 

3. We are concerned that the Town will unreasonable and discriminatory access restrictions on 

the of aircraft or users using the Airport. There is a 2005 Settlement Agreement under which the 

FAA says it will not enforce Grant Assurances 22(a) and (g) and 29 after December 2014. Would the 

1 
FAA issue a planning or development grant to the Town given the existence of a "conditional" ALP and 

that the 2005 Settlement Agreement says that future grants would on an approved ALP? 

We can issue a planning grant with the existence of the conditionally approved ALP. In order to proceed 

with a development grant, the airport would first need to meet the requirements to remove the 

conditional approval. That would begin with the environmental review process followed by the airspace 

review. Funding of development projects would be considered along with all other requests for funding. 

4. A Draft Master Plan was completed in 2007. Has the FAA ever accepted that, so that it has become 

the governing Master Plan? 

Master planning is voluntary and East Hampton elected not to pursue FAA acceptance of its 2007 Draft 

Master Plan, which was thus not accepted by us. The ALP on file in this office is dated September 6, 

2011. 

Steve 

Steven Urlass 

Manager, NY ADO 

718-995-5771 

From: Shelley Ewalt [mallto:sewalt@mklawnyc.com] 

Sent: Thursday, September 11, 2014 3:54PM 

To: Urlass, Steve (FAA) 

Cc: diane.talmento@faa.gov; Leonard Kirsch 

Subject: Questions regarding East Hampton Airport 

Dear Steve, 

I am writing to you with regards to the East Hampton Airport (HTO). My firm represents the Friends of 

East Hampton Inc. (FOEHA) which is made up of both fixed-wing and rotorcraft (both 

Part 91 and 135), aircraft owners, and other aeronautical users and service providers. As you likely have 

we are concerned w·1th the future of the Airport due to tho many statements of the Town 

user restrictions. We are also very concerned about condition of the Airport. We have 

rerentlv been engaged in discussions with the Town In an attempt to resolve our concerns. In a meeting 

with the Town iast week, the Town made several statements to us that generated some questions for 

us, and we feci that your office would be in the best position to answer these. 

on this email is Len Kirsch who is the partner-In-charge in this matter. 

1. The Town says have filed an application for $150,000 of FAA Entitlement funding. Can you 

whether or not that is true? They also said they cannot expedite the many overdue repairs 

because $150,000 is such a small amount compared to the required. My understanding is that 

this is not how the Entitlement funding program works. My understanding is that Entitlement funding is 

not limited to a single year amount of $150,000, but is available for up to three years and can be 

aer!fegaited into one lump sum. Additionally, if the Town is willing to apply for Entitlement funding, then 

there is no reason for it not to also apply for Discretionary funding, since the grant assurances apply 

equally in either type of funding. 

2. We understand that the Town received conditional FAA acceptance of their Airport Layout Plan in 

2011. Has the required environmental analysis been completed in order to make this a completed and 

final ALP? Is the 2011 AlP currently the "governing" ALP? 

2 
3. We are concerned that the Town wHI impose unreasonable and dlscriminatory access restrictions on 

the type of aircraft or users using the Airport. There is a 2005 Settlement Agreement under which the 

FAA says it will not enforce Grant Assurances 22(a) and and 29 after December 31, 2014. Would the 

FAA issue a planning or development grant to the Town the existence of a "conditional" ALP and 

that the 2005 Settlement Agreement says that future grants would rely on an approved ALP? 

4. A Draft Master Plan was completed in 2007. Has the FAA ever accepted that, so that it has become 

the Master Plan? 

I realize that some of these questions are not quick or easy to answer, but I would appreciate your 

answers where possible, or if we could d'1scuss on the phone at your convenience. Lenny and I will be at 

the NATA conference in Savannah next Monday and Tuesday, but we would be happy to carve out some 

time if you are available for a phone call. My cell phone is (703) 399-6078. Thank you in advance for 

your assistance. 

Best regards, 

Shelley Ewalt 

Shelley A. Ewalt, Of Counsel 

McBreen & Kopko 

sewalt@mklawnyc.com 

Direct: 703.399.6078 

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