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Commonwealth of Massachusetts -------------------~--..:.._------- -· ---·--·-- ·· ···· 

OFFICE ADDRESS 

125 Access Road 

Norwood, MA 02062 

BY FED EX 

February 12, 2013 

Norwood Memorial Airport 

Russ Maguire, A.A.E., ACE, Airport Manager 

Federal Aviation Administration 

New England Region, Airports Division 

Attn: Barry Hammer, P.E. , Compliance Officer 

12 New England Executive Park 

Burlington, MA 01803-5299 

RE: Boston Executive Helicopters' (BEH) Sub-Lease Term 

Dear Barry: 

MAILING ADD RESS 

125 Access Road 

Norwood, MA 02062 

On behalf of Tom Wynne and Mark Ryan, of the Norwood Airport Commission (NAC), I'd like to offer a 

special thanks to you, Mary Walsh, and Bryon Raykoff for spen9ing time with us on January 30, to help 

resolve the BEH interest in a long·t~rm lease. While on a secondary level, we appreciate FAA's input on 

possible AlP financing--balanced against AlP funding constraihts··tied to our interest in an SRE building 

"fit out." We also now have a better understanding of FAA's position as it pertains to the development of 

hangars on our west apron, where, in 2006, AlP monies were used to construct an aircraft parking apron . 

So thank you for the time and effort on these issues. 

Specific to BEH: After we left the meeting, and were in fact in the parking lot outside FAA's office, I 

spoke with you briefly about your November 28, 2012 e-mail, which noted an excerpt fro~ he FAA 

Compliance Manual, that states: "Most tenant ground leases of 30 to 35 years are sufficient to retire a 

tenant's initial financing and prove a reasonable r~tum for the tenant's de.velopment of major facilities." I 

asked if this reference provided the NAC with some grounds to then approve BEH's interest in a sublease term which, with a 15·year lease option, would effectively give BEH a 31-year lease term. I believe 

your response was that if such a le~e term could be supported with precedence, a 30-35 year lease term 

would not be considered excessive. 

Following our discussion, Boston Metropolitan Airport, Inc. (BMA) 1 provided me with information on 

the compll.ny's existing sub-leases. (Tab A). As you'll note, on five separate lease lots, the sub-lessees 

1 As explained at our 1/30/13 meeting, BMAv Inc. has the long-term (1967-2047) leasehold on the Norwood 

Airport. It Is on this leasehold that Boston Executive Helicopters now seeks. the assignment of an exls.tlng sub.-lease 

with option. 

Phone: (781) 255-56 16 I Fax: (781) 255-5617 I rmaguire@norwoodrna.gov 
include: Boch Aviation, Flight Level (fuel farm), Flight Level (Lot Z), Flight Level (Hangar Nominee 

Building), Flight Level (Lot 5); as well as prospective tenant, Boston Executive Helicopters. For each 

tenant, Tab A also shows the lease term (including start dates, options and end dates), plus current rent 

and fuel flowage, if applicable. On each of the existing lease lots, where either a hangar or a fuel farm had 

been constructed, the sub·lease term (with optionls) ranges from 40·60 years. BEH's sub-lease term with 

one available option (2013-2044), if approved, would actually be the shortest term on the BMA leasehold . 

Also, we received the copy of an existing lease at Westfield Barnes Airport (Tab B) where the lessee, 

A irflyte, Inc., had secured a 3 5-year term from the airport authority. My understanding is that, with the 

ability to finance its hangar(s) and fuel farm investments, Airjlyte today provides a level of service 

comparable to that which BEH has expressed an interest in providing here at Norwood. The NAC feels 

that this example, too, while executed at another airport, shows precedence for a longer lease term. 

In closing, Barry, the NAC is committed to its Part 16 corrective action plan; though, in light of BEH's 

interest, the NAC is also encouraged that the guidance set forth in FAA's Compliance Manual, 

supplemented by FAA counsel, might consider BEH's 31-year sub-lease interest to be fair and acceptable, 

and not excessive. With this new information, we ask for FAA's continued guidance and support. 

Please advise at your earliest convenience. Thank you. 

Sincerely, 

Russ Maguire, Manager 

Norwood Memorial Airport 

CC. Norwood Airport Commission 

Tab A: 

TabB: 

BMA sub-leases 

Airflyte lease