FLIGHTLEVEL 

- -- ---- -· -- ----

A V I A T I 0 i\J 

Ph: 781-769-8680 

Fax: 781-769-7180 

www.flightlevelnorwood.com 

www.flightlevelaviation.com 

VIA ELECTRONIC MAIL ONLY 

jfox@rrf-law.com 

July 29, 2014 

Joshua M Fox, Esq. 

Rollins, Rollins & Fox 

36 Glen A venue 

Newton, MA 02459 

Re: Norwood Memorial Airport 

Lease Lots F, G & H 

Your Client: Boston Executive Helicopter 

Dear Attorney Fox, 

As you will recall, I represent the interests of FlightLevel Aviation, and in particular in this case, FlightLevel 

Norwood, LLC ("FLN"), which is the controlling sublessee of Lot Gat the Norwood Memorial Airport (the 

"Airport"). In my December 4, 2013 letter, I placed you and your client on notice that Boston Executive 

Helicopter ("BEH") has no legal or exercisable right to use the westerly portion of Lot G in connection with 

its activities on Lot F. Kindly now be advised that by itself or through third parties under its control (its 

"Representatives"), BEH has undertaken to remove and re-apply asphalt on a significant portion of my 

client's Lot G leasehold. In addition, my client now informs me that BEH has gone so far as to erect barriers 

on my client's lots G and H, and when requested to remove the same by one of my client's employees, 

BEH's representative stated only that BEH: "would take it under advisement." 

As BEH's actions followed my letter to you, and were performed without prior notice or explanation of any 

kind, and more importantly without the consent of either my client, or its landlord as is required under my 

client's master lease, and because the subject Lot G apron didn't require repair, it can only be inferred that 

BEH either damaged the Lot G apron in connection with its activities on Lot F and didn't want my client to 

know, or otherwise believes that by re-paving a portion of my client's leasehold, it will somehow acquire 

rights to Lot G that it does not currently have. 

If BEH damaged my client's apron during the construction of its hangar facility, and undertook to repair the 

same without thinking to discuss the incident with my client prior to the repair, then kindly provide me with 

a written explanation of the same, to include a description of the materials removed from Lot G, how the site 

F LI G H TLEVEL AV I ATION 

12 5 :\CCESS ROAD 

• "OR WOOD, . £:\ 02062 

78 1- 769 - 8680 FAX 78 1 -769 - 7 180 
Joshua M Fox, Esq. 

July 29, 2014 

Page 2. 

was prepared for asphalt, the kind quantity and volume of materials including asphalt applied, copies of all 

pennits issued in connection with the work on Lot G, and the names and addresses of all participating 

contractors. Please also include a clear and concise disclaimer of interest in the freshly paved portion of Lot 

G, so that my client can be assured that BEH harbors no intent to use its re-paving on Lot G to acquire rights 

of use in connection with its activities on Lot F. Failure to provide a prompt disclaimer of interest 

satisfactory to my client will be deemed an admission that BEH seeks to acquire by adverse possession or 

other means, the recently re-paved portion of my client's Lot G for use in connection with its operations on 

Lot F. My client hereby disavows any such claimed right or use, and should this be the case, it will 

aggressively seek to protect its interests. 

The placement barriers on Lot G by BEH or its Representatives, and for that matter the placement of any 

other or further barrier or obstacle of any kind upon Lot G by BEH or its Representatives or by any third 

party in connection with BEH's activities on Lot F, without, in each case, the prior written consent of my 

client, shall constitute a trespass on my client's leasehold, and subject the same to immediate removal and/or 

destruction by my client at BEH's sole cost and expense. As this is your first notice of this particular 

incident, BEH will have until 12:00 noon on July 30, 2014 to remove the current barriers. 

As mentioned in my letter of December 3, 2013, if you or your client would like to discuss an arrangement 

pursuant to which FLN may consider licensing BEH to utilize the westerly portion of Lot Gin connection 

with its activities on Lot F, kindly let me know, and I will be pleased to set up a meeting. However, in the 

absence of such an agreement, my client reserves and restates its right to preclude BEH, together with BEH's 

Representatives, guests and invitees, from entering upon or utilizing Lot G in any respect relating to its 

activities on Lot F without, in each instance, the prior written pennission ofFLN. 

As always, if you wish to discuss this, please do not hesitate to call. 

Sincerely, 

Nick Burlingham 

General Counsel 

FlightLevel Aviation 

860-235-5786 

Enc: Photo 

Cc: Peter Eichleay 

W. Michael DeLaria 
Nick Burlingham 

From: 

Sent: 

Peter Eichleay < peter@flightlevelaviation.com > 

Thursday, July 31, 2014 2:45 PM 

To: Russ Maguire 

Cc: Mark Raymond 

Subject: RE: Norwood Memorial Airport- Your Client: Boston Executive Helicopter 

Yes, it is being considered. There was a clear line delineating the boundary where the grade of pavement changed but it 

was paved over with this most recent property rights encroachment/infringement/violation/whatever you want to call 

it. 

From: Russ Maguire [mailto:rmaquire@norwoodma.gov] 

Sent: Thursday, July 31, 2014 2:13PM 

To: Peter Eichleay 

Cc: Mark Raymond 

Subject: Re: Norwood Memorial Airport - Your Client: Boston Executive Helicopter 

Received. Thanks Peter. It may be helpful to have the lot line marked. Has this been considered? 

Russ 

From: "Peter Eichleay" <peter@flightlevelaviation.com> 

To: OWDMEP@aol.com, rmaguire@norwoodma.gov 

Cc: "Nicholas W. Burlingham" <nburlingham@flightlevelaviation.com>, "Mike Delaria" 

<mdelaria@flightlevelaviation.com> 

Sent: Thursday, July 31, 2014 12:49:16 PM 

Subject: RE: Norwood Memorial Airport- Your Client: Boston Executive Helicopter 

Russ and Mike, 

Just wanted to let you know that it looks like BEH has removed the barriers from our leasehold. We will keep you 

advised as to the response we get concerning the other required points of action from our letter. 

Thanks, 

Peter 

-----·---------·--------·----------

From: Peter Eichleay 

Sent: Thursday, July 31, 2014 9:22 AM 

To: 'OWDMEP@aol.com' 

Cc: Nicholas W. Burlingham; rmaquire@norwoodma.gov 

----------------------------------·-------

Subject: FW: Norwood Memorial Airport - Your Client: Boston Executive Helicopter 

Mike, 

Hope all is well. Wanted to bring you up to speed on this recent encroachment concerning our leased BMA Lot G. 

Lot F Lessee, Boston Executive Helicopter, without so much as a request for permission or any communication 

whatsoever for that matter apparently damaged and then repaired and repaved a large portion of our lot G. They then 

put up barriers on our lot G and lotH I fuel farm lot limiting our access to it, again without any correspondence. In 
response, our lawyer drafted the attached letter demanding corrective action. The deadlines for removing the barriers 

as laid out in that letter have come and gone and there's been no action or response from BEH. As a result, we may have 

to involve law enforcement to curtail this aggressive and disturbing conduct and regain full access to our leased 

property. 

Also left you a voicemail. Would appreciate a call when you can. 

Thanks, 

Peter 

From: Peter Eichleay 

Sent: Tuesday, July 29, 2014 8:18PM 

To: rmaguire@norwoodma.gov 

Cc: Nicholas W. Burlingham 

Subject: FW: Norwood Memorial Airport - Your Client: Boston Executive Helicopter 

Dear Russ, 

Please find attached a letter drafted by Flightlevel's counsel and sent to BEH's counsel concerning the recent tampering 

and infringement of Flightlevel's leased lots G and H. Please distribute to the airport commission. 

Thanks, 

Peter 

From: Nicholas W. Burlingham 

Sent: Tuesday, July 29, 2014 7:08 PM 

To: jfox@rrf-law.com 

Cc: Peter Eichleay; Mike Delaria 

Subject: Norwood Memorial Airport - Your Client: Boston Executive Helicopter 

Dear Attorney Fox, 

Please see attached notice letter concerning Lots F, G and H at the Norwood Memorial Airport. 

As always, if you wish to discuss this for any reason, please don't hesitate to call. 

Nick Burlingham 

General Counsel 

Flightlevel Aviation 

860-235-5786 

Russ Maguire, Manager 

Norwood Memorial Airport 

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