NR Zoning Approvals

Jeff Singer filed this request with the City of Somerville - Records Access Officer of Somerville, MA.
Submitted Jan. 1, 2022
Est. Completion None
Status
Fix Required

Communications

From: Jeff Singer

Subject: Massachusetts Public Records Law Request: NR Zoning Approvals

Email

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

I'm looking for the Development Narrative and Development Drawings for every Certificate of Zoning Compliance approved ISD/Planning as by-right for an Addition or New Construction under the new Somerville Zoning Ordinance (I believe effective date is Dec 12, 2019) in the NR district.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Jeff Singer

From: City of Somerville - Records Access Officer

Subject: Massachusetts Public Records Law Request: NR Zoning Approvals

Email

Dear Mr. Singer,

This email acknowledges receipt of your public records request dated January 1, 2022. On behalf of the Records Access Officer and Records Custodian(s), after review of your request, I am writing in response to your request to inform you as follows:

This office has worked with the Inspectional Services Department and has identified records which are responsive to your request. Implementation of the CZC application and issuance out of Citizenserve was not implemented until approximately August 2020. The identified records reflect that.

In accordance with 950 CMR 32.06(2), I hereby provide you with the below good faith estimate to comply with your request. If you would like to obtain the documents, please send a check to my attention in the amount of $550.34 payable to the City of Somerville in the amount of the total estimated fee.

Estimate:
Citizenserve Report review 500+ CZC applications to narrow scope of in depth review and search = 1.5 hours
Review and search of records in 105 relevant or potentially relevant CZC applications at 15 minutes per application = 26.25 hours
Rate of the lowest paid employee capable for the task is $21.38/per hour
No charge for the first 2 hours
$21.38 x 25.75 hours = $550.34

The actual cost of producing the records may vary once the City begins preparing the records. If the actual cost is higher than the estimate, you will be required to pay the difference before receiving the records. If the actual cost is lower than the estimate, you will be refunded the difference.

As shown above, no fee has been assessed for the first two hours of time associated with responding to your request. If you would like to obtain the records, to be provided in electronic format (unless maintained in paper format), please send a check to my attention payable to the City of Somerville in the amount of the total estimated fee. Upon receipt of the estimated fee, the city will commence providing the requested public record(s) and shall withhold or redact any record or portion thereof to the extent provided bylaw, specifying the applicable exemption(s).

David Shapiro
City of Somerville
Assistant City Solicitor
93 Highland Avenue
Somerville, MA 02143
(617) 625-6600 Extn. 4409
DShapiro@somervillema.gov

From: Jeff Singer

Subject: RE: Massachusetts Public Records Law Request: NR Zoning Approvals

Email

Thanks David,

It sounds like "Review and search of records in 105 relevant or potentially relevant CZC applications at 15 minutes per application" is the time consuming part of this request.

If we instead phrased the request as "All Development Narrative and Development Drawings for every Certificate of Zoning Compliance approved by ISD/Planning for Addition or New Construction since the implementation of CitizenServe", would that decrease the amount of effort by city staff?

Thanks for the prompt response,

Jeff

From: City of Somerville - Records Access Officer

Subject: RE: Massachusetts Public Records Law Request: NR Zoning Approvals

Email

Mr. Singer,

I am informed that the 105 potentially relevant applications are all contained within citizenserve, and that citizenserve is the source for the review. Therefore, the revision in the request will not impact the estimate. I hope this clarifies.

David Shapiro

David Shapiro
City of Somerville
Assistant City Solicitor
93 Highland Avenue
Somerville, MA 02143
(617) 625-6600 Extn. 4409
DShapiro@somervillema.gov

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