No Rehearing Will Be Granted By The Local Government

The Zoning Board of Adjustments (ZBA) in Rye, NH has denied a request for a rehearing on an order issued in July demanding that helicopters stop taking off and landing from a local seafood restaurant.

Peter Aiken, the owner of Petey's Summertime Seafood had been allowing a helicopter tour company to stage weekly tours from the restaurant's property, and Aiken said that that activity stopped when the initial decision was made. But other helicopters continue to use the property, and the ZBA says those operations are also covered under its order.

Aiken said he has asked the pilots of helicopters that continue to use the property to approach and depart over a swampy area rather than over nearby homes. He said that there are no laws prohibiting the use of his property for helicopter takeoffs and landings. "The neighbors are upset, but there are no laws against it," he told Seacoastonline.com.

However Building Inspector Peter Rowell says that there are four ordinances that are being violated by Aiken.

Ultimately, Aiken expects to wind up in court against the city, as he plans to fight the cease-and-desist order. Aiken's attorney told the website that the area had been used for helicopter operations since the 1950s, which "pre-dates any zoning and was an established use."

FMI: www.town.rye.nh.us/pages/index