Timothy A. Toomey v. Rowley, Town of - Town Clerk (SPR 20220318)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 14, 2022 SPR22/0318 Catie McClenaghan Town Clerk/Records Access Officer Town of Rowley P.O. Box 351 Rowley, MA 01969 Dear Ms. McClenaghan: I have received the petition of Timothy A. Toomey appealing the response of the Town of Rowley (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Toomey requested: “[a]ny and all information that was submitted to [C]onservation [C]ommission agent Baeslack or the [C]onservation [C]ommission meeting and used in the application of any Determination of Applicability/RDA supplied for 366 Central Street (Map 22, Parcel/Lot 20) from July 22, 2019 to present.” On February 8, 2022, the Town provided records; however, on February 9th, Mr. Toomey petitioned the Supervisor of Records (Supervisor) due to not being provided with all the responsive records. As a result, this appeal was opened. Subsequent to the opening of this appeal, on February 10, 2022, the Town provided additional records. Upon receipt of the records, in a February 11th email, Mr. Toomey informed this office that he still has not received all the requested records. In his February 11th email, Mr. Toomey indicates he did not receive the required documents from the Town’s application RDA process, specifically: “[Abbutter] notification list; RDA fee form; wetland fee sq. ft. of disturbance; certificate of compliance; and scaled maps or plans.” It is unclear whether the Town has additional records responsive to this request. The Town must clarify this. Conclusion Accordingly, the Town is ordered to provide Mr. Toomey with a response, in a manner consistent with this order, the Public Records Law and its Regulations within 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. 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

Catie McClenaghan, Town Clerk SPR22/0318 Page 2 February 14, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Timothy A. Toomey