Robert Bland v. Rockport, Town of (SPR 20211421)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 17, 2021 SPR21/1421 Patricia Brown, CMMC Town Clerk 34 Broadway Rockport Town Hall Rockport, MA 01966 Dear Ms. Brown: I have received the petition of Robert Bland appealing the response of the Town of Rockport (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 30, 2021, Mr. Bland requested the following records: 1. Any statute of the General Laws of Massachusetts, case law or judicial precedent which the town (or any of its committees) relies upon in asserting that any of the private ways shown on the plans . . . has become public by other than the three methods cited . . ., including: a. Such statute, case law or judicial precedent whereby a private way can become public by recording a plan that alters that private way for the benefit of the public. b. Such statute, case law or judicial precedent whereby a private way can become public by using a deed to impose an easement for the benefit of the public within the boundaries of a private way shown on a recorded plan. 2. On November 9, 2020 during her visit to Sacramento Avenue with Conservation Agent . . ., when [a named individual] attempted to engage the group [a named individual] shouted “it’s in the deed, we know the law”. Please provide a copy of the law to which [the named individual] acting as a member of the Rights of Way Committee in the name of the town, was referring to on that occasion. 3. Any and all records that any of the private ways shown on the plans . . . has become public according to G.L. c. 84, § 23. The Town provided a response on May 26, 2021, indicating Mr. Bland had previously requested this information, and further directing Mr. Bland to the Registry of Deeds Essex County Southern District. Unsatisfied with the Town’s response, Mr. Bland petitioned this office 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

Patricia Brown, CMMC SPR21/1421 Page 2 June 17, 2021 and this appeal, SPR21/1421, was opened as a result. Based upon a conversation between a Public Records Division senior attorney and a Town representative, it is my understanding that the Town intends on providing a subsequent response to Mr. Bland. Conclusion Accordingly, the Town is ordered to provide Mr. Bland with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Robert Bland