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NORWOOD AIRPORT CO"vlMISSION 

Mark P. Ryan, !'ice Chc:nrman 

Kevin J. Shaughnessy. Clerk 

March 6, 20 15 

Federal Aviation Administration 

Attn: Mary T. Walsh, Airports Division 

12 New England Executive Park 

Burlington, MA 01803 

Hylie Hutchens 

Leslie W. LeBlanc 

RE: Response to FAA Letter, Dated January 15, 2015 

Dear Ms. Walsh: 

Martin E. Odstrchel 

Paul V. Shaughnessy, Jr. 

Michael Sheehan 

Please be advised that the Norwood Airport Commission (NAC or Airport Commission) 

has received your letter dated January 15, 2015 (Attachment A). As noted in a recent e-mail 

received by Norwood Airport Manager, Russ Maguire, your leniency regarding the timing of the 

NAC's response is especially appreciated in light of the small staff here and the unprecedented 

snow season with which we have had to deal. This winter has left us-both literally and 

figuratively-under what now feels like an almost constant state of snow emergencies, with the 

only reprieve being the after-storm clean-ups, all of which have been both labor- and timeintensive. 

On behalf of the NAC, this letter and its attachments serve as the Airport Commission's 

written response to your questions regarding a Part 13 complaint filed by former NAC 

Commissioner, Oulton Hues (Mr. Hues), against the Airport Commission. Months ago, by email, the Airport Commission did receive from FAA a copy of Mr. Hues' Part 13 complaint. 

This is believed to be the same complaint in question, though the responses, below, are tied only 

to those issues presented in your January 15, 2015 letter. 

As you noted in your letter, "the allegations appear to be similar in nature to those of the 

Part 13 complaint filed against the Town of Norwood by Mr. Christopher Donovan of Boston 

Executive Helicopters (BEH) ." Given your observation, it should additionally be noted that for 

many months now, Mr. Donovan and Mr. Hues have had some type of an agreement or 

relationship as evidenced by the fact that Mr. Hues' aircraft was hangared with BEH while he 

served as an Airport Commissioner. In short, Mr. Hues has spent significant time with Mr. 

Donovan while on the Norwood Airport, and though Mr. Hues' tenure on the Airport 

Commission was only about eight months long, he took any number of opportunities as an 

Airport Commissioner to advocate on BEH's behalf. Therefore, the Airport Commission 

respectfully considers the potential conflict and motivations by the Complainant, Mr. Hues. 

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At a public meeting held December 18, 2014, the Norwood Board of Selectmen voted 

unanimously to remove Mr. Hues from the Norwood Airport Commission due to what Selectman 

Bill Plasko called Mr. Hues' "dangerous, aggressive and quick angry behavior. . .intimidating and 

offensive to others .. . " For your convenience, a copy of the Board of Selectmen meeting minutes 

from the removal hearing for Mr. Hues is included in Attachment B. 

That said, we will answer the Federal Aviation Administration's (FAA) questions 

regarding Mr. Hues' complaints, which apparently have led FAA to consider that "the Town of 

Norwood Airport Commission actions do not support Boston Executive Helicopters with an 

opportunity as a second fixed based operator at the airport. " Suffice it to say that nothing can be 

further from actuality, as reflected in the Airport Commission's actions in attempting to work 

with BEH reflect. BEHs responses to the Airport Commission have been a moving targetBEH has been unwilling and/or unable to provide financial and business information requested 

by the Airport Commission consistent with its obligations under the Airport's Minimum 

Standards. 

Per your January 15, 2015 letter, under separate cover is an updated lease plan drawing of 

the Norwood Airport. This was initially shown to FAA's Tom Vick and Lauren King on August 

5, 2014, when FAA conducted its land-use inspection of the Norwood Airport. In the lower right 

hand corner of the drawing is a text box, which identifies each individual lease parcel, its lessee, 

the lease term, and the parcel's square footage. 

The following documents are attached as requested by your January 15, 2015 letter: 

• Attachment C is a chart showing Norwood Airport's Airport Improvement 

Program (AlP) funded ramps for the past 20 years. 

• Attachment D is a chart showing leases in place prior to BEH's operation on the 

Norwood Airport beginning in May 2010, as a Part 135 operator. 

• Attachment E is the Airport Commission's standard provision with regard to nonexclusive rights, and this language is included in all NAC leases following the 

Part 16 compliance action plan submitted to FAA. 

• Attachment F is the Request for Proposals (RFP) for the DC-3 ramp. 

• Attachment G is an explanation of the use restrictions noted in the DC-3 ramp 

RFP, as well as the use restrictions for the West Apron lease offers to BEH in 

both 2014 and 2015. 

• Attachment His Flight Level 's Lots A,B,C lease. This lease term runs from 2014-

2019. 

• Attachment I is Papa Whisky 1 LLC 's DC-3 ramp lease. This lease term runs from 

2013 -2018. 

Regarding leases on the Norwood Airport, in 1967, the Airport Commission leased to 

Boston Metropolitan Airport, Inc. (BMA) an 1,100 ft. x 300 ft. parcel of land. This parcel, shown 

in yellow on the attached lease plan drawing, is currently leased by BMA directly to both Flight 

Level and BEH. The NACIBMA master lease remains in effect until 2047. 

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More directly, the Airport Commission leases to Flight Level the following four lots: 

FLIGHT LEVEL 

Lots A,B,C 79,298 sq. ft. 

Lots W,X,Y 111 ,292 sq. ft. 

Lot 6 210,180 sq. ft. 

Lot7 135,360 sq. ft. 

TOTAL: 536,130 sq. ft. 

However, it should be noted that the leases for Lots W,X,Y, as well as Lots 6 and 7, were 

assumed by Flight Level in 2008 when Flight Level acquired Eastern Air Center. 

As for BEH, approximately a year ago, in March 2014, the Airport Commission offered a 

West Apron lease of 6,889 square feet (Attachment J). At the Airport Commission's April 9, 

2014 meeting, BEH refused the offer and subsequently filed a Part 13 complaint. 

Subsequently, at its June 11 , 2014 public meeting, the Airport Commission voted to table 

further negotiations regarding both BEH's lease and fixed based operator (FBO) interests. At 

that time, not all of the Airport Commission members had read the BEH complaint, and, more 

importantly, the NAC was still waiting to receive from BEH its revised business plan and 

financial information. 

On July 3, 2014, BEH's revised business plan was received and circulated to all NAC 

members for review. The NAC was hoping to receive the kind of meaningful financial 

information and proper business plan from BEH that the NAC had been requesting for several 

months. This, along with the revised business plan, was needed to intelligently assessconsistent with the Norwood Airport Minimum Standards: 

• BEH's financial health 

• BEH 's record of performance 

• BEH's business growth projections 

Indeed, as the FAA recognizes in Advisory Circular (AC) 150/5190-7, mm1mum 

standards are encouraged "to ensure a safe, efficient and adequate level of operation and services 

is offered to the public." See AC 150/5190-7 at 3. AC 150-5190-7 further recognizes, among 

other factors, that an airport sponsor consider " [ w ]hat type of documentation will business 

applicants be required to present as evidence of financial stability and good credit." Id. at 5 

(emphasis added). 

On July 10, 2014, the Airport Commission filed its response to BEH's Part 13 complaint. 

At this time, the Airport Commission continued to table BEH's FBO and lease interests pending 

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the outcome of BEH 's Part 13 complaint. The Airport Commission did not want to make a 

decision that might contradict final disposition of the complaint.' 

While awaiting the outcome, the Airport Commission received briefings from BEH on 

the progress of its facility and fuel farm. These updates were periodically received at the Airport 

Commission's monthly meetings. The Airport Commission also continued to provisionally 

approve BEH's permit to operate and provide commercial services previously approved. 

Four months later, in November 4, 2014, BEH withdrew its complaint. BEH unilaterally 

and voluntarily withdrew this Part 13 complaint on its own volition. 

On November 25, 2014, the Airport Commission went in to executive session to discuss a 

lease offer with BEH. Unfortunately, as noted in Attachment K, the Airport Commission had to 

unexpectedly adjourn the meeting early, after then Commissioner Hues began screaming at me 

and using vulgar language in front of everyone in attendance, including our recording secretary, 

Deb Reddick (Ms. Reddick). At one point, Ms. Reddick stood up and leaned over to ask Mr. 

Hues not to use such language in front of her. As she tried to get his attention, Ms. Reddick 

touched him on the shoulder. Mr. Hues later tried to file assault charges against Ms. Reddicksimilar to the assault charges he also claimed against former NAC Chairman Thomas Wynne 

(Chairman Wynne)-before finally being dismissed as an Airport Commissioner by the Board of 

Selectmen. Mr. Hues' perceived physical assaults by former Chairman Wynne and recording 

secretary Reddick are noted in Mr. Hues' e-mail to Norwood Board of Selectmen Chairman, 

Mike Lyons, (Attachment L) which Mr. Hues then copied to other Board of Selectmen members, 

as well as to two local news reporters: Sam Nickerson and Brad Cole. Mr. Hues did not dispute 

the inappropriate language he used during the meeting. 

In December 2014, the Airport Commission was unable to meet due to the holidays and 

the unavailability of its members. 

In January 14, 2015, the Airport Commission convened and, in executive session, the 

Airport Commission approved a West Apron lease offer to BEH. That afternoon, three hours 

later, BEH was notified by e-mail about this lease offer. 

Following a routine lease/Exhibit A draft and review process, on February 12, 2015, the 

Airport Commission-through Norwood Town Counsel-formally offered BEH a lease parcel 

on the West Apron, this time for more land than had been offered in 2014: 11 ,786 square feet 

(Attachment M). However, this lease offer was contingent on specific financial information 

(Attachment M, Tab B) which the Airport Commission felt BEH had yet to provide and 

consistent with the Minimum Standards and AC 150/5190-7. While the Airport Commission has 

1 In fact, as the FAA has recognized, a complainant has a "right to pursue complaints and protect 

their interest (however) it is the Respondent's right to protect itself from the possibility of future 

costly and frivolous litigation." See Kent J. Ashton and Jacquelin R. Ashton v. City of Concord, 

FAA Docket No. 16-02-01 (Director's Determination Issued August 22, 2003) (Final Agency 

Decision Issued February 27, 2004). Additionally, an airport sponsor is "not obligated to expose 

itself to future lawsuits by entering into a business agreement with" a complainant, and may 

consider an applicant's history ofF AA complaints and threats of future litigation. See id. 

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in fact received financial information from BEH, it was deemed by the Airport Commission to be 

insufficient and/or not what the NAC had been requesting for many months, through both public 

meetings and e-mails. BEH has since accepted the lease offer. 

Your January 15, 2015 letter asks why the Airport Commission approved Flight Level 's 

business plan and financial information, filed in December 2007, while not approving BEH's 

"more extensive" business plan. The Airport Commission has a "right to protect itself from 

financial and/or litigation risk. " See Flightline Aviation, Inc. v. City of Shreveport, FAA Docket 

No. 16-07-05 (Director's Determination Issued March 7, 2008). 

In reading BEH's business plan, especially its earlier version, the Airport Commission 

felt that much of the information provided was without substance. The more recent BEH 

business plan, submitted in July 2014, is closer to what the Airport Commission expects, 

although BEH still has not submitted much of the actual financial information that was 

repeatedly requested. 

It is also important to note that, in evaluating BEH's financial information, the Airport 

Commission is using some discretion and due diligence because of BEH's past actions. These 

were detailed on pages 4 and 5 of the Airport Commission's July 1 0, 2014 response2 to the FAA 

regarding BEH's Part 13 complaint, as excerpted below: 

"After the (Swift) hangar collapse, Mr. Donovan began negotiations with BMA, as 

he expressed an interest in having his company assume the sublease interest for 

Lot F. BEH and BMA crafted an Assignment, Assumption and Amendment of Lot 

F, seeking the approval of the Airport Commission. However, page 2 of the Town 

ofNorwood/BM4 Master Lease states: 

The subleases of said parcel or portions thereof shall be reviewed 

prior to the execution by the Massachusetts Aeronautics 

Commission [now MassDOT] and the Federal Aviation 

Administration, or the successor agencies, and approved, in 

writing, by the Norwood Airport Commission .. . 

As required in this Master Lease, the NAC directed BEH to send its draft 

document to both FAA and MassDOT for review. In the process of reviewing the 

BMAIBEH sub-lease, FAA began to question the length of the lease term. The 

Airport Commission was especially sensitive to this concern, given the federal 

grant assurance violations cited by the FAA in 2008, as a result of the original 

eighty (80) year Master Lease entered into in 1967 between the Town of 

Norwood and BMA. 

Accordingly, the Airport Commission tried to mediate a solution that was 

satisfactory to FAA, while being supportive of BEH. To that end, the NAC 

2 In the interests of efficiency, the Airport Commission's July 10, 2014 response is incorporated 

herein in its entirety. 

838484v2 
requested that BEH obtain an amortization schedule, to justify the long-term 

sublease it sought. In response, BEH provided correspondence from its 

accountant, suggesting the need to amortize construction costs over thirty-nine 

(39) years, as well as an amortization schedule based on financing. (See 

Attachment 12 [to July 10, 2014 response]). 

The Norwood Airport Manager separately sent a February 12, 2013 to the FAA, 

attention Barry Hammer, P.E., Compliance Officer, to expressly support BEH's 

requested long-term sublease of Lot F, including comparable long-term leases at 

other airports. (See Attachment I, [to July 10, 2014 response]). This February 12, 

2013 letter made reference to the FAA Compliance Manual, which states: 'Most 

tenant ground leases of 30 to 35 years are sufficient to retire a tenant's initial 

financing and provide a reasonable return for the tenant's development of major 

facilities.' (Emphasis added). Interestingly, as noted below with respect to 

BEH's subsequent attempt to provide a business plan, after the Assignment, 

Assumption and Amendment of Lease for Lot F was executed, BEH changed its 

position and no longer needed financing for construction, which was the apparent 

justification for the long-term sublease at the outset." 

6 

The Airport Commission also feels that BEH has an unproven track record in the 

management and operation of an FBO, and this is substantially different from Flight Level 's 

experience. These requests for financial information from BEH "are simply a way of protecting 

[the Airport Commission] and the aeronautical community operating on the Airport from 

financial risk." See Flightline Aviation, Inc. v. City of Shreveport, FAA Docket No. 16-07-05 

(Director's Determination Issued March 7, 2008). The FAA has also recognized that a new 

entrant may not be similarly to such an established business and therefore may be required to 

provide additional information under the applicable minimum standards. See id. This FAA 

guidance is highly relevant to the Airport Commission's evaluation of BEHs requests. 

In 2007, when Flight Level first approached the Airport Commission, the company was 

interested in acquiring at the airport an established FBO: Eastern Air Center (EAC). Flight 

Level in turn provided a business plan and financial information which the Airport Commission 

at that time deemed satisfactory. The Airport Commission considered the fact that Flight Level 

(unlike BEH) was planning to retain much of EAC's seasoned management. Accordingly, 

through its acquisition, Flight Level would have the continuity of proven senior level FBO 

managers, including Flight Level 's incoming General Manager, Len Carroll, who had been an 

FBO manager at the Norwood Airport for many, many years with both Wiggins Airways and 

EAC. Moreover, in coming to the Norwood Airport, Flight Level 's management group already 

had years of direct and diversified aviation management experience elsewhere: in FBOs, air 

charters, corporate aviation, airport development and management, and airline management. This 

fact, coupled with Flight Level 's financial assets and projections, satisfied the Airport 

Commission, which was confident of Flight Level 's ability to professionally serve the aviation 

public. 

838484v2 
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With regard to BEH, in addition to the Airport Commission's indefinite wait on requested 

financial information, as of this writing Mr. Donovan has not-as required-notified the 

Norwood Fire Department of his interest to undergo a final inspection of his fuel facility by the 

Norwood Fire Department. This was recently confirmed by the Town of Norwood Fire Chief, 

Anthony Greeley (781-440-5202; tgreeley@norwoodma.gov); and this outstanding issue has 

been brought to Mr. Donovan's attention in the past by the Airport Commission. Furthermore, 

the Volatile Inflammable Fluids (VIF) license has not been issued, and, as of this writing, is still 

in the hands of the Norwood Board of Selectmen, the local licensing authority. As a matter of 

procedure, the VIF license will not be released to BEH until final inspection (approval) is granted 

by the Norwood Fire Prevention Bureau, followed by written communication to the Norwood 

Board of Selectmen. 

Moreover, at this writing, we are now dealing with a serious event from three weeks ago 

in which the Airport Commission was notified by Flight Level that BEH had allegedly knocked 

over Flight Level 's fluid-fill jersey barriers, resulting in the spill of approximately 330 gallons of 

glycol onto the Norwood Airport premises. The glycol was apparently part of a glycol/water mix 

used as ballast and weight for the plastic jersey barriers, which Flight Level installed on the 

Airport's Lot G, a lease lot under BMA 's master lease that both Flight Level and BEH are now 

contesting property rights to (Attachment N). Because the Norwood Airport sits in federally 

protected wetlands, this spill required an environmental response; and though culpability still 

needs to be determined, it was Flight Level that notified the state's Department of Environmental 

Protection. Flight Level also contacted environmental clean-up professionals, even though Flight 

Level insists that BEH caused the environmental spill (Attachment 0). The Norwood Police 

Department has filed its own report involving this matter (Attachment P). 

BMA, as the long-term master lease holder on the parcel of land where Lot G is situated, 

has weighed in on this property dispute. Its President, Michael Pendergast, recently filed an 

affidavit to support Flight Level's position on the leasehold dispute (Attachment Q). 

In the meantime, the NAC has attempted to work in good faith with BEH. Since March 

2014, the Airport Commission has offered BEH not one but two lease offers for portions of the 

West Apron (the most recent offer involves the so-called Parcel A on the West Apron). The 

Airport Commission has also voted to lease another parcel of land on the West Apron 

(Attachment R, parcel Bin green) via an RFP, which is contiguous to the parcel offered to BEH 

We anticipate that BEH will seek an opportunity to bid on this land when the RFP is advertised. 

As for Flight Level 's claim that FAA had approved its request for lease extensions, the 

Airport Commission is not aware that FAA had approved this request. Unless otherwise 

contradicted by FAA, this is considered by the Airport Commission to be a misstatement or 

misunderstanding by Flight Level. 

Additionally, as requested in your January 15, 2015 letter, and submitted here, we have 

enclosed Boston Air Charter 's (BAC) annual training records (Attachment S) with regard to the 

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Flight Level "self-fueler."3 Attachment T is a copy of the BAC/Flight Level "self-fueler" 

agreement. Attachment U is a copy of the August 20, 2014 e-mail from Flight Level General 

Manager, Mike Delaria, to Airport Manager, Russ Maguire, showing that Flight Level had ended 

its "self-fueler" agreement with BACon September 14, 2013. 

Finally, the Airport Commission and Airport management have provided BEH every 

opportunity to succeed. Norwood Town Counsel has also been involved for the duration of 

BEH's tenure, to ensure that the Town of Norwood is in full observance of our federal and state 

obligations. Accordingly, we believe Mr. Hues' claims of Airport Commission discrimination to 

be contrived, in part or whole, as a result of his partiality to BEH, and nonetheless without merit. 

In closing, we respectfully request that the FAA determine that Mr. Hues' Part 13 

complaint is unfounded and decline to take any action. Please let me know if I can provide any 

further information in your review of this matter. 

Sincerely, 

Mark P. Ryan, Acting Chairman 

Norwood Airport Commission 

CC: Norwood Airport Commission; Norwood Town Counsel; Massachusetts Department of 

Transportation/ Aeronautics 

3 On page 16 ofF AA Advisory Circular 150/5230-48 Aircraft Fuel Storage, Handling, Training 

and Dispensing on Airports, "[f]ueling from a pull-up commercial fuel pump is not considered 

self-fueling under the Federal grant assurances since it involves fueling [by Boston Air Charter] 

from a self-service pump made available by the airport or a commercial aeronautical service 

provider [Flight Level]." (Emphasis added). 

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Attachment A: 

Attachment B: 

Attachment C: 

Attachment D: 

Attachment E: 

Attachment F: 

Attachment G: 

Attachment H: 

Attachment 1: 

Attachment J: 

Attachment K: 

Attachment L: 

Attachment M: 

Attachment N: 

Attachment 0: 

Attachment P: 

Attachment Q: 

Attachment R: 

AttachmentS: 

Attachment T: 

838484v2 

Attachments 

FAA letter dated January 15, 2015 

Copy ofNorwood Board of Selectmen's meeting minutes, December 18, 

2014 

Chart, AlP-funded ramps since 1995 

Chart, Norwood Airport land leases in place prior to BEH 

Norwood Airport lease provision with non-exclusive rights 

RFP for the DC-3 ramp, 2013 

Explanation of use restrictions for DC-3 RFP, west apron lease offer 

Lots A,B,C lease offer to Flight Level, 2014 

DC-3 apron lease offer to Papa Whisky] , 2013 

West apron lease offer to BEH, March 2014 

NAC Chairman, Mark Ryan's December 14, 2014 letter to the Norwood 

Board of Selectmen 

Oulton Hues' charge of assault against recording secretary, Deb Reddick 

West apron lease offer to BEH, February 2015 

February 6, 2015 letter from Flight Level to BEH re: notice of 

trespass/cease and desist 

February 14, 2015 letter from Flight Level to BEH re: notice of 

trespass/cease and desist 

Norwood Police reports of Lot G environmental spill 

BMA affidavit supporting Flight Level 

West apron parcel B (noted in green), to be advertised, contiguous with 

BEHlease lot offer (noted in blue), February 2015 

BAC annual training records, Flight Level "self-fueler" 

BAC/Flight Level "self-fueler" agreement 

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Attachment U: 

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E-mail from Mike Del aria, of Flight Level, noting closure of the "selffueler" 

10