The document is a letter from an attorney representing the Wilbraham Fire Department responding to a public records request. It summarizes that the fire department does not have any building plans requested. It notes that 41 incident reports exist relating to the specified property, but only fire reports are disclosable public records. The letter provides an inventory of other responsive documents and estimates fees of $61.64 for search time and copying costs to fulfill the request. The requester is instructed to submit payment to receive copies of disclosable records.

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, § 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, § 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, § 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, § 7, cl. Twenty-Sixth.
In accordance with 950 CMR 32.00, et seq., and M.G. L. c. 66, § 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/~-­
~F.~S