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 Fax: 781-769-7180

www.flightlevelnorwood.com

www.flightlevelaviation.com

VIA EMAIL

March 6, 2015

Norwood Airport Commission (NAC)

c/o Mr. Russ Maguire, Airport Manager

125 Access Road

Norwood, MA 02062

Re: Litigation: FlightLevel Norwood, LLC (FLN) vs. Boston Executive Helicopters, LLC (BEH)

BMA / Pendergast Property Rights Affidavit vis-à-vis FLN vs. BEH

Illegal Trespass and Dumping of Propylene Glycol and Water Ballasted Barriers by BEH on to FLN Lot G

Illegal Trespass and Blockading of FLN Fuel Farm by BEH

Illegal Trespass and Physical Assault of FLN Lot G and H Leasehold by BEH

Dear Mr. Chairman:

For the NAC’s convenience I’ve attached as exhibits to this letter several documents which were previously 

distributed to the NAC along with several new documents that have arisen out of BEH’s continued assault on 

FLN. Those exhibits are numbered as follows in chronological order 1-7:

1. July 29, 2014: FLN Demand / Notice of Trespass Letter to BEH in response to BEH’s unauthorized

trespass, tearing up and replacing of a significant portion of FLN Lot G and H, and pursuant blockading 

of FLN Lots G and H (BMA Leasehold) – No response ever received.

2. February 6, 2015: FLN Cease and Desist / Notice of Trespass letter to BEH in response to BEH’s 

unauthorized trespass and blockading of FLN’s fueling facility with a wall of snow on FLN lots G and H 

(BMA Leasehold) – No Response ever received.

3. February 12, 2015: FLN General Counsel Communication with Norwood Police Department in 

Preparation for Lot G and H barrier placement in defense of its Leasehold from BEH assault (BMA, 

Airport, and Norwood Town Counsel cc’d and briefed).

4. February 14, 2015: FLN Cease and Desist / Notice of Trespass and Vandalism letter to BEH in response 

to BEH’s unauthorized trespass during which BEH principal Christopher Donovan and employee Rob 

Silva uncapped and dumped FLN’s aforementioned barriers releasing approx. 330 gallons of Propylene 

Glycol (the equivalent of 61⁄2 55 gallon drums) uncontained on to FLN’s lot G only hours after being

placed in the presence of a Norwood Police detail and following Police instructions to Mr. Donovan not 

to interfere.

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5. February 20, 2015: CYN Environmental Remediation / Cleanup Documentation and Invoice in 

connection with intentional BEH spill on to FLN lot G.

6. March 3, 2015: Norwood Police Department (Officer James Payne) Police Report in response to BEH’s 

intentional spill on FLN Lot G.

7. March 4, 2015: Affidavit of BMA President, Michael Pendergast, Landlord of both FLN and BEH 

affirming FLN’s property rights and specifically FLN’s right to preclude BEH from utilizing FLN’s 

leasehold in connection with BEH’s Lot F fueling system and operations.

a. December 5, 2013: FLN General Counsel Disavowing BEH’s FLN Property Rights Claim –

No response ever received.

Needless to say, these malicious actions, one after another, have caused FLN significant direct and indirect 

damages and FLN is currently pursuing recovery from BEH through litigation. Unfortunately though, but not 

unexpectedly (since we didn’t have time to submit a complete defense), the Court, in response to an injunction 

filing by BEH for removal of the barriers, issued preliminary orders in their favor until the matter can be formally 

litigated (Exhibit 8). We understand why the judge made this order in light of having viewed photos of BEH’ 

easterly hangar door with the barriers in the foreground and without the full understanding of the lease regime, or

Mr. Pendergast’s BMA’s Affidavit, but we also know that they got it wrong, and we will be seeking a corrective 

order at our earliest opportunity. 

However, in the meantime, this will only serve to embolden BEH’s general disregard for authority and process, 

and encourage its established pattern of reckless and imperialistic behavior putting the airport, airport users, 

tenants and businesses at risk irrespective of our litigation which will likely take over a year to conclude. It is 

because of this that we feel the NAC, as the Airport’s governing authority, needs to take action immediately. 

Furthermore, now that BMA, which importantly serves as the Landlord of both BEH and FLN has confirmed 

BEH’s trespasses and FLN’s right to defend itself from BEH’s assault beyond question; and seeing as how the 

Airport Manager’s letter to BEH dated back to July 19, 2013, in which he asserts restrictions to BEH’s fueling 

operations “until such time that BEH can demonstrate to the Airport Commission that the property rights of 

others will not be violated” has not and likely cannot be satisfied, FLN is respectfully requesting that the NAC 

put an end to pursuing or expanding on any further relationship with BEH to protect itself, airport users, and 

airport businesses from further damages, trespasses and harm.

Respectfully submitted,

____

Peter Eichleay

FLIGHTLEVEL Aviation

125 Access Road

Norwood, MA 02062

(781) 769-8680