Cusick, John v. Marshfield, Town of - Airport Commission (SPR 20140496)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 26, 2014 SPR14/496 Mr. Robert W. Galvin, Esq. Galvin & Galvin, Attorneys at Law 10 Enterprise Street, Suite 3 Duxbury, MA 02332 Dear Attorney Galvin: This office has received the petition of John Cusick appealing the response of the Marshfield Airport Commission (Commission) to his July 28, 2014 request for public records. See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(6). Specifically, Mr. Cusick requested copies of the following records relating to the Marshfield Airport: 1. All Airport Layout Plans (ALP); 2. Variances granted to the Commission by the Marshfield Zoning Board (Board); 3. Federal grant application for the construction ofthe original airport runway; and 4. All compliance documents for the original airport runway. In a September 17, 2014 telephone conversation with an attorney on my staff, you provided an update with respect to the fulfillment of Mr. Cusick's records request. It is my understanding that the Commission has provided Mr. Cusick with copies of records responsive to his request. Furthermore, you stated that Mr. Cusick has viewed other responsive records held by the Commission and copies of related records held by the Board. With respect to the first part of Mr. Cusick's request, you stated that the only additional airport layout plan that has not been provided is a three foot by eight foot plan that hangs on a Commission office wall. You indicated that the Commission will permit Mr. Cusick to either view this record or provide him with a copy at its cost to replicate. Due to the large size of this record, the Commission will need an outside party to make a copy of this record for Mr. Cusick. The Public Records Access Regulations permit the Commission to charge Mr. Cusick for the actual cost of making copies of records not susceptible to ordinary means of reproduction. See 950 C.M.R. 32.06(1 )(f). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Robert W. Galvin, Esq. SPR14/496 Page Two September 26, 2014 In response to the second part of Mr. Cusick's request, you confirmed that the Commission has not received any variances from the Board with respect to the airport. Furthermore, you stated that Mr. Cusick has been provided access to the federal grant application responsive to the third part of his request. With respect to the fourth part of the request, you indicated that the Commission believes this part of the request to be vague and ambiguous. A comprehensive search for responsive records will require the Commission to search through 40 years' worth of records. In its response to Mr. Cusick, the Commission provided a fee estimate for the cost to search for and provide copies of responsive records. As you stated to my attorney, the effort to search through these records could be accomplished in five hours by the Commission. The hourly rate included within the fee estimate is that of the Airport Manager. You further stated that the Airport Manager is the Commission's only employee and is the only individual with knowledge ofthe records that will need to be reviewed. Based on your representation of the effort required to search for records responsive to this part of Mr. Cusick's request, it is my finding that the Commission has issued a reasonable fee estimate. See 950 C.M.R. 32.06(2). Whereas the Commission has provided Mr. Cusick with copies of responsive records, and has issued a reasonable fee estimate for the cost to provide other esponsive records, this administrative appeal is now closed. Supervisor of Records cc: Mr. John Cusick Mr. Robert J. Reilly