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DOC061313-015
- 1. MIRICK O'CONNELL ATTORNEYS AT LAW June 13,2013 VIA E-MAIL AND FIRST CLASS MAIL Scott R. Lansing P.O. Box 387 Palmer, MA 01069 Re: Your Public Records Request Dear Mr. Lansing: Corey F. Higgins Mirick O'Connell 100 Front Street Worcester, MA 01608-1477 chiggins@mirickoconnell.com t 508.860.1416 f 508.983.6260 On behalfof the Town of Wilbraham Fire Department, I am formally writing in response to your May 25, 2013 letter requesting access to and/or copies of any building plans and incident reports relating to "establishment/business/entity in the Town of Wilbraham, MA known currently or formerly as Stawco, L.L.C. and/or other entity doing business as Krazy Jake's, primarily located at 2537 Boston Rd., Wilbraham, MA 01095." With respect to your request for "copies ofany building plans," the Wilbraham Fire Department does not have any such plans in its possession, custody or control. Moreover, to the extent the Fire Department did have any such building plans it its custody, the disclosure ofsuch records to you would be subject to the reasonable judgment ofthe Fire Department's record custodian as to whether the disclosure of such plans would jeopardize public safety (which, in turn, would be subject to the review of the Supervisor ofPublic Records). In any event, the Wilbraham Fire Department is not in possession, custody, or control of any such records. Next, with respect to your request for "incident reports," please note that the Fire Department has 41 fire and medical incident reports on file relating to the property located at 2537 Boston Rd., Wilbraham, MA 01095. Ofthese incident reports, only the fire-related incident reports constitute public records that are subject to disclosure. Under M.G.L. c. 4, 則 7, cl. Twenty-Sixth (c), "personnel and medical files or information" as well as "any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy" are exempt from disclosure under the Commonwealth's public records law, M.G.L. c. 66, 則 10. In light of the "medical files" exemption, the medical incident reports are exempt from disclosure. IPrRctice Are.,1T.AROR/21895100003/A2119138 nocx . MIRICK, O'CONNELL, DEMALLIE & LOUGEE, LLP WORCESTER I WESTBOROUGH I BOSTON www.mirickoconnell.com
- 2. MIRICK O'CONNELL Scott R. Lansing June 13,2013 Page 2 As for the fire and other incident reports, the Wilbraham Fire Department will produce copies of such reports in its possession, custody, or control. Finally, the Wilbraham Fire Department also has other responsive documents in possession, custody, or control relating to the following: Annual Inspection and Pre-Plan Report (August 3,2009); Annual Safety Inspection Report (January 14,2010); Annual Safety Inspection Report (November 2,2010); Liquor License Renewal Inspection Report (May 23,2011); Liquor License Renewal Inspection Report (November 17,2011); Liquor License Renewal Inspection Report (November 26,2012); Application for Permit (June 23, 2013); Decision ofthe Board of Appeals on the Petition of Scott Stawas & Stawco, LLC d/b/a Krazy Jake's (Tenant) and Grove Plaza, LLC (Owner) (March 1, 2012); Memorandum dated February 16,2012 from Captain David F. Bourcier, FPO of the Wilbraham Fire Department to the Wilbraham Zoning Board of Appeals Re: Petition of Scott Stawas and Stawco, LLC, d/b/a Krazy Jakes (Tenant) and Grove Plaza, LLC for an amendment to a Special Permit previously issued to allow expansion ofthe restaurant that is located at 2537 Boston Road, Wilbraham, MA 01095; and 9/26/06 Application for Permit for installation of fire alarm system at 2537 Boston Road, Wilbraham, MA 01095 by Gustafson Electric, Inc. Please be aware that the relevant regulations under the Massachusetts Public Records law, M.G.L. c. 66, 則 10 - 950 CMR 32.00, et seq. - provide that a governmental entity must provide a written, good faith estimate ofthe applicable fee for copying, search time and segregation time to be incurred prior to responding to a request for public records (if the total costs are estimated to exceed $10.00). Based upon the extent of your request, the Town has calculated the following estimated fees: Search time associated with retrieving the various incident reports and other responsive documents noted above (based upon the hourly rate ofthe lowest paid employee capable of performing the task): $14.64 (1 hour's time) IPr~f"tj....p Arpl'I<;:n .AR()Rl?l RQ~100001/A?1IQl1R nor.Xl
- 3. MIRICK O'CONNELL Scott R. Lansing June 13,2013 Page 3 Copying costs at $0.20 per page for all available records (235 pages): $47.00 Total cost to comply with your request for records is estimated to be $61.64. Please forward payment to the Town of Wilbraham and we will provide you with copies of those incident reports and other documents that constitute public records that are not exempt from disclosure under M.G.L. c. 4, 則 7, cl. Twenty-Sixth. In accordance with 950 CMR 32.00, et seq., and M.G. L. c. 66, 則 lOeb), you may appeal to the Supervisor of Public Records in the Division of Public Records in the Office ofthe Secretary of State within 90 days if you are not satisfied with the Fire Department's response to your request. Any appeal must be in writing and must include a copy of your public records request as well as the Town's response thereto. If you have any questions, please feel free to contact me. CFHI cc: Captain David F. Bourcier, FPO Robert Weitz, Town Administrator D.M. Moschos, Esq. (Prl'lf".tirp. Arp.I'lc::Il.ARORl?.l R9900003/A2319138.DOCXl Sincerely, (!,o7/~-足 ~F.~S