No consequences? Backyard helipad controversy exposes legal loophole in South Blooming Grove
The Town of Monroe says federal officials indicated there may be no penalty for failing to file a required FAA application, as a resident whose backyard borders the helipad says he’s now being forced out.
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News 12 has learned there may be no consequences for a controversial backyard helipad in South Blooming Grove that was built without filing a required federal application — raising new questions about enforcement at every level of government.
The helipad sits directly behind the home of Javier Dam, a Town of Monroe resident who has lived there for 23 years.
Dam says the constant helicopter traffic has upended the life he built — and is now forcing him out.
“It’s really upsetting. I’m going to be pushed out,” Dam told News 12.
The property where the helipad is located — now owned by an LLC — is where South Blooming Grove Mayor George Kalaj lives.
News 12 previously confirmed the Federal Aviation Administration never received the required application for the helipad. Now, Monroe officials say they’ve been told by federal officials that the FAA has no way to enforce that requirement.
Town Supervisor Maureen Richardson says the town was informed the agency’s enforcement abilities are limited — meaning even when the required notice is not filed, there may be no penalty. That means even though federal rules may not have been followed, there may be no consequence for the property owner.
At the local level, Monroe officials say they should have been included in the approval process from the start.
Under state municipal law, projects located within 500 feet of a neighboring municipality require that the neighboring town be notified and given an opportunity to weigh in.
Monroe says that never happened — despite the helipad being located just across the border in South Blooming Grove.
Town officials say that failure created a brief window where the approval could have been challenged in court. But Richardson says that window has now closed during a transition between local administrations, leaving the town time-barred from taking legal action unless new changes are made to the property.
For Dam, the impact is immediate and personal.
“The noise is just tremendous,” he said. “It’s ruined the neighborhood.”
He says what was once a quiet place he planned to enjoy through retirement no longer feels livable.
“It’s a sour feeling. Why should I stay there if I’m going to be treated like I have no rights?” he asked.
Richardson says the situation highlights what she calls a legal loophole.
“SBG has essentially found a perfect loophole where there is no obvious enforcement measure at any level,” she said, adding that even when procedural issues are identified, there is no guarantee the project can be reversed.
The FAA has not responded to News 12’s latest request for comment about potential consequences tied to the failure to file the required application.
