December 15, 2017
Mr. Derrik Kennedy
Town Manager
Town of Westerly
45 Broad Street
Westerly, RI 02891
Re: Westerly Airport
Dear Mr. Kennedy:
Please accept this letter in follow up to our letter to you dated November 21, 2017. The Rhode Island
Airport Corporation (“RIAC”) is obligated by law to maintain obstruction free approach surfaces for
all runways at each of the six State owned airports. Over the past 13 years, we have performed
obstruction removals on non-airport properties at the other five airports to maintain the required safe
approach surfaces (see Table 1 that identifies our obstruction removal activity.) In this instance, RIAC
has met fierce opposition to achieve the same obligation we have achieved at other airports to ensure
the safety of pilots, passengers and the surrounding community.
As early as 2004, RIAC began to negotiate with Westerly residents whose properties were identified
as having trees that penetrated the approach surfaces near the airport, as we would do at any of our
other airports. After 10 years of negotiations, RIAC was unsuccessful in securing easements on all of
the impacted properties. It is important to note that the Federal Aviation Administration
(“FAA”) requires that negotiations and payment for the purchase of easements must be based
upon an appraisal of the interest to be acquired (FAA AC 150/5100-17, Land Acquisition and
Relocation Assistance for Airport Improvement Program (AIP) Assisted Projects). When we could
not reach a resolution, we sought help from the Rhode Island Department of Transportation
(“RIDOT”) to exercise its eminent domain authority to acquire 13 avigation easements necessary to
ensure the safety of the pilots and community. Eight of the property owners agreed to the avigation
easements and accepted payment for them. The remaining five owners filed a lawsuit in the Rhode
Island Superior Court challenging the State’s authority to acquire avigation easements by eminent
domain. (Harriet Kniffer, Trustee for the Harriet Chappell Moore Foundation; Jacqueline Abberton;
Robert Rutter and Patricia Rutter, Trustees for the Rutter Family Revocable Living Trust; and
Frances W. Kelly, Trustees for the Frances W. Kelly; and A. Michael Slosberg and Karen L. Slosberg
Trustees of the A. Michael Slosberg Revocable Trust Agreement v. Rhode Island Airport Corporation
and Rhode Island Department of Transportation). The Court granted a preliminary injunction
temporarily delaying RIDOT/RIAC from removing the trees until the matter is fully analyzed through
the trial process.

 RIAC is confident that the Court will decide that the State has the authority to acquire avigation
easements by eminent domain in order to protect the health, safety, and welfare of the public.
Before proceeding through the legal process, our new President and CEO directed RIAC staff to reach
out to elected officials to determine their position on this matter. He would like public input to help
guide our decision making process. As we have previously explained, when trees penetrate approach
surfaces, there are two ways to fix the issue: (1) cut trees, or (2) relocate threshold(s) (see Figures 1
and 2 that show these options), meaning reduce the size of the available runway length. Doing
neither of these is not an option. Please know that shorter runways will likely limit the size and type
of planes that previously were able to land at Westerly Airport before the trees grew to a point where
they interfered with safe airport operations. This impact will be determined based upon the length of
the runway(s) after the threshold relocation(s) (see Figure 3 that shows current runway lengths at the
airport).
RIAC has a continuing obligation to ensure the safety of pilots and the surrounding community.
Based on the FAA’s guidance, we will immediately, but temporarily, reduce runway lengths in order
to satisfy this obligation. To achieve this interim solution, RIAC has asked a consultant to survey the
entire airport for trees and any other obstructions to determine where runways must be shortened in
order to make the approach surfaces safe for pilots. The consultant’s report will be available next
week. We will share it with you and the FAA. Because trees continue to grow, we are not certain
what the available length of the runway(s) will be at this point. Please note that vegetative growth, if
unaddressed, will continue to minimize these lengths and ultimately close some or all of these
approaches/runways. This is why it is so important that we have your guidance on this matter. In
essence, a decision to continue to relocate thresholds could ultimately lead to the closure of the airport.
Even with the town’s direction to maintain the full use of all runways, we must relocate threshold(s)
immediately because the legal process necessary to secure the avigation easements will likely take a
minimum of one year to resolve. We also respectfully request that if it is the pleasure of the town’s
leadership to support the full utility of the airport, that it accompany that decision with airport zoning
regulations as provided for under the Rhode Island General Laws §1-3-5 Zoning powers of political
subdivisions:
(1) In order to prevent the creation or establishment of airport hazards, every political subdivision
having an airport hazard area wholly or partly within its territorial limits shall adopt, administer, and
enforce, under the police power and in the manner and upon the conditions prescribed, airport zoning
regulations for that part of the airport hazard area which is within its territorial limits, which
regulations may divide the airport hazard area into zones, and, within those zones, specify the land uses
permitted and regulate and restrict the height to which structures and trees may be erected or allowed
to grow.
(2) A political subdivision which includes an airport hazard area created by the location of a public
airport shall adopt, administer, and enforce zoning ordinances pursuant to this chapter if the existing
comprehensive zoning ordinance for the political subdivision does not provide for the land uses
permitted, and regulate and restrict the height to which structures may be erected or objects of natural
growth may be allowed to grow in, an airport hazard area.

 (3) A political subdivision which includes an airport hazard area created by the location of a public
airport shall adopt, either in full or by reference, the provisions of part 77 of title 14 of the code of
federal regulations, entitled "Objects Affecting Navigable Airspace" hereinafter known as part 77.

The zoning overlays will provide for a steady and predictable approach to address these issues in the
future.
Let us reiterate that RIAC fully intends to let the community’s input guide its decision making process.
In essence, the community needs to decide what they want this aviation asset to ultimately become.
We look forward to working with you for the best interest of the community and a safely managed
airport that meets FAA regulations and requirements.
Sincerely,

Annette P. Jacques
Corporate Counsel

Cc:

Alan R. Andrade, Sr. Vice President Operations and Maintenance, RIAC
Gail Lattrell, Manager, Planning & Engineering, FAA
Ralph Nicosia-Rusin, Airport Capacity Planner, FAA

Attachment: Table 1, Figure 1, Figure 2, Figure 3

 Airport
T.F. Green Airport
Newport Airport
Quonset Airport
North Central Airport
North Central Airport
Block Island Airport

Year
Continuous
2016
2016
2008
2007
2004

Table 1: Non-Airport Property Obstruction Removal

Before
Approach 20:1

Runway

Runway Threshold

After
Approach 20:1

Runway

Runway Threshold

Figure 1: Runway Approach Surface with Obstruction to Approach

Before

Runway
After
After

Approach 20:1

Runwa
Runway Threshold
y
Approach 20:1

Runway
Displaced Runway Threshold

 Figure 2: Runway Approach Surface with Obstruction Mitigated using Displaced Threshold

Runway 14-32
3960 ft long

Runway 7-25
4010 ft long

Figure 3: Runway Lengths