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07/15/2019 12:00 AMIn the ongoing war between a region seeking improved air transport and a neighborhood fighting for its quality of life, the airport won a legal battle. A 2009 state statute limiting the length of Tweed Airport’s primary runway has been overturned by the United States Court of Appeals, clearing one hurdle for the airport’s planned expansion to go forward.
The decision came on July 9 after Tweed pursued an appeal to a decision that previously found the Connecticut statute lawful. It also stands in contrast to a 2009 memorandum of agreement between the Tweed-New Haven Airport authority, the City of New Haven, and Town of East Haven that limits the paved runway to 5,600 feet, which puts the airfield as one of the shortest commercial runways in the nation.
Tweed-New Haven Interim Executive Director Matt Hoey said the airport will still need approval from the Federal Aviation Administration (FAA) before the extension can begin. He hopes the project will be completed in 18 months to two years.
“We’re thrilled with that court’s decision because of what it means for greater New Haven, the southern Connecticut region, and the state of Connecticut as a whole,” Hoey said. “The heart of the opportunity is enhanced air services and flights goes hand in hand with economic development and that’s a big step forward for creating more jobs…in the New Haven region.”
Some local officials are far less enthusiastic.
“The City of New Haven and Tweed made a promise to the community. They signed off on an agreement that allowed for certain improvements to be made that benefited them. Then, once they got what they wanted, they stabbed the community in the back. They reneged on the very same pledge that they negotiated and approved,” said State Senator Len Fasano (R-34). “How can the community ever trust Tweed and the City of New Haven again?
“While today’s ruling concerns state statute, it does not change the fact that a contract still exists between Tweed, East Haven and New Haven,” Fasano continued. “No federal law can invalidate that contract. I have spoken to the East Haven mayor and it is clear that the contract with Tweed is still enforceable, and therefore restrictions are still in place based on that contract.
Currently, Tweed only offers regular flights to Philadelphia. Hoey said that the extension of the runway would allow larger planes to land at the airport, opening the site up to more airlines offering more destinations.
“The first benefit is safety,” he said.
The existing length of the runway prevents some aircraft from landing during inclement weather, leading to redirected flights. It also limits the number of passengers and baggage planes can carry to meet weight restrictions, leading to under-filled aircraft. Extending the runway to 7,200 feet would allow Tweed to comply with related FAA regulations for those aircraft.
“Secondly, it would give the opportunity for other types of aircraft to land, some of them bigger than the current ones we have today,” he said. “[This] allows other airlines who have routes that are desirous of connecting through New Haven.”
Among the new destinations Hoey said would be opened up by the extension are Washington D.C., Chicago, and Orlando. Already, Allegiant Airlines has committed to adding flights to Tweed pending the result of the appeal.
The MOA
Growing the primary runway beyond its current length of 5,600 square feet signifies Tweed’s withdrawal from an agreement between it, the City of New Haven, and the Town of East Haven.
Hoey said that Tweed would remain in compliance with other aspects of the agreement however. In particular, the agreement stipulates that the airport have no more than 30 commercial departures per day. Currently, Tweed only has three commercial departures per day.
Though neighbors can expect increased air traffic, Hoey said Tweed does not expect to reach or exceed 30 departures per day.
The contract also required Tweed to engage in a “Good Neighbor Program” with New Haven and East Haven to soundproof the homes and windows of residents near the airport.
“We understand the need to be good neighbors and we’re going to continue to work through community engagement as a responsible neighbor to do what we can to mitigate the impacts on the residents of the area,” Hoey said.
Fasano said that Tweed’s exit from the contract would allow East Haven to again take up its lawsuits against the airport and possibly file a new one regarding the breach of contract.
“It’s irresponsible and arguably unethical for the City of New Haven to make a deal and then get what they want and then renege on the deal,” Fasano said.
Mayor Joe Maturo, Jr., did not respond to requests for comment on this issue.
Fasano said that the extension of the Tweed airport runway is far from certain. In addition to East Haven lawsuits filed regarding the breach of contract, the state could reverse the decision by appeal.
“I think the State of Connecticut should appeal…The attorney general is not beholden to the governor, he’s beholden to the State of Connecticut,” Fasano said. “To protect the statutes that we passed, he should take the appeal.”
Senate President Pro Tempore Martin M. Looney (D-11), whose district includes the Morris Cove section of New Haven that abuts the airport, said, “I am urging Governor Lamont and Attorney General Tong to appeal the ruling by the 2nd U.S. Circuit Court of Appeals to the U.S. Supreme Court regarding Tweed New Haven Airport.”
Find the full United States Court of Appeals decision and 2009 Memorandum of Agreement linked at right.