Kerri Cotter v. Littleton, Town of - Office of the Town Clerk (SPR 20200199)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 19, 2020 SPR20/0199 Ms. Diane Crory Town of Littleton Office of the Town Clerk 3 7 Shattuck Street 2nd Floor, Room 207 Littleton, MA 01460 Dear Ms. Crory: I have received the petition of Kerri Cotter appealing the response of the Town of Littleton Office of the Town Clerk (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on January 18, 2020, Ms. Cotter requested the following records within the possession of the Town: • All as-builts plans for The Point Plaza • All plumbing and site documents for building I and buildings C, D, Kand L • All email correspondence with plumbing inspector as related to Tavern in the Square (building C) grease traps, design, rep011ing of board of health calls/emails regarding events on September 29, 2019 Current Appeal In its February 3rd response, a representative from the Town claims "there are no records responsive to this request." Unsatisfied with this response provided by the Town, Ms .. Cotter petitioned this office and this appeal, SPR20/0199, was opened as a result. Ms. Cotter, in an email dated February 1, 2020, contends the Building C and I files are incomplete. "No design files, site maps or plumbing plans, inspections or control documents in Building I file and Building C file plumbing compliance control documents is missing, and other records are inconsistent in its required document reporting." One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Ms. Diane Crory SPR20/0199 Page 2 February 19, 2020 The Town's Building Department, on January 31, 2020, states it "previously provided the Construction Control Documents for Building C ... and accepted the Construction Control Documents for Buildings, C, K, L, and D." With respect to the as-built plans, the Town additionally provided in an email on February 6, 2020 stating these documents "are not here or available to us ... this information may be with the Depaiiment of Environmental Protection." According to a representative from the Town, a further response was provided in an email dated February 13, 2020 with respect to the requested records which discussed a thumb drive that "contained the scanned plans for: Buildings A to L (including tenant fit up plans), The Point overall site plan and The Point retaining walls" and was provided to Ms. Cotter. Conclusion Subsequent to the intervention by a staff member of the Public Records Division, I learned that the Town responded to Ms. Cotter's request with a further response sent on February 18, 2020. Whereas the basis of this appeal was opened as a result of the February 3, 2020 response provided by the Town, I will now consider this administrative appeal closed. Ms. Cotter may appeal the substantive nature of the Town's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, ~r~ Supervisor of Records cc: Ms. Kerri Cotter