Efforts by Cablevision to establish a heliport at its new corporate headquarters on the former Grumman site in Bethpage are being vehemently opposed by scores of local residents, and have spurred a heated legal battle between the Town of Oyster Bay and the powerful media company.

The latest development in the controversy was a Sept. 9 Town of Oyster Bay Zoning Board of Appeals (ZBA) hearing, in which Cablevision's attorney appeared before the autonomous body and argued that the company had the right to operate the helicopters at the site because the use is "grandfathered in" and "accessory." Attorney Jeff Forchelli claimed that the use is grandfathered in because Grumman had tested the aircraft it manufactured there years ago, and that the use is accessory to the function of the office building, because, in order to keep the company competitive, executives need to use the copters to get to and from meetings throughout the metropolitan area quickly.

"In this vehicle congested area, helicopter use is considered necessary for corporate efficiency," Forchelli said. "It has to do with corporate operations. Any company has to be competitive, or they can't survive."

The argument was an appeal to nullify a summons issued by the Town Department of Planning and Development in the spring denouncing the use of helicopters at the site, which Cablevision had been doing since moving into the Grumman site in January. The town had both issued the summons and obtained a legal temporary restraining order in an aim to stop the flights. Forcelli's appearance before the ZBA was made at the order of the District Court Judge Anthony J. Falanga, who on June 11 invalidated the temporary restraining order pending the ZBA hearing.

After a more than three-hour long presentation by Forchelli and consultants hired by Cablevision, Town Attorney Anthony Sabino and many local residents voiced opposition to the heliport plans, saying Grumman never operated helicopters at the site, and that use of them is noisy and dangerous to the surrounding community. Many also expressed concern that if the ZBA allowed Cablevision to establish a heliport, it would form a precedent that other companies could follow.

"Grumman Aircraft owned no helicopters," said Sabino, noting that Cablevision has no grandfathered right to operate the copters because Grumman never did, and that the defense giant only used a runway in connection with the manufacture of fixed wing aircraft. He also expressed concern that if the helipad is allowed, other companies that are now at the former Grumman site could also operate helicopters there. He cited increased noise and the danger of potential accidents to the immediately surrounding homes, community park and schools as a threat to residents. Sabino also cited a law which may play a key role as the legal battle between the town and Cablevision continues. He noted that Section 249 of the General Business Law of New York State says that no helipad can be established in the state without the approval of the town board. Residents echoed his concerns.

"Once you determine the Cablevision use as an accessory use, the town will lose all control of helicopter flights," said Julio Gonzales, president of the Northside Civic Association of Bethpage, which has collected over 1000 signatures in opposition to the helipad.

"They're affecting our quality of life. This is a rich man's toy," said Joyce Ambrico, vice-president of the Northside Civic Association. "I'm a mother. They're not concerned about the safety of the community."

Gonzales, who lives 800 feet from the port, said it could adversely affect not only Bethpage residents, but also those in surrounding communities, such as Hicksville and Plainview, because other companies could also claim the right to establish one.

For that reason, residents from other parts of the town also showed up in opposition to Cablevision's plans. "I think what happens here can be a precedent for the entire Town of Oyster Bay," said Bonnie Eisler, president of the Hunting Hill Civic Association, and a founding member of the United Civic Associations of North Oyster Bay.

"I think it's a disaster," said Shirley Lang of Woodbury, adding that permission to operate the helipad could set a precedent that would "destroy every reason for living in the Town of Oyster Bay."

While the temporary restraining order was in effect, the executives landed at and took off from Republic, a general aviation/reliever airport with a limited operating certificate based in Farmingdale, which is about 6 miles away from the Cablevision headquarters.

Members of the North Side Civic Association feel the executives should continue to land at Republic, rather than a few steps away from their offices. But civics from the Farmingdale/Massapequa area who have been fighting to limit the use of Republic for years, because it is surrounded by residential communities, are opposed to that. "You don't solve a problem by shifting it somewhere else," said Emil Coppola, president of the Pepper Circle Civic Association of North Massapequa and the Joint Council of Civic Associations of the Massapequas. He noted that Cablevision should not be allowed to land at the Grumman site, but that the company should also not be encouraged to increase traffic at Republic.

Cablevision's helicopters are currently taking off from, and landing on, an 80-foot concrete circle marked with an "H," and lighting is temporarily being provided by a floodlight. But the corporation hopes to upgrade the facility by adding light poles as high as 30 feet, a berm and fencing.

The ZBA will hold the record open on the appeal presented at the Sept. 9 meeting for 30 days.