John York v. Massachusetts Department of Transportation (SPR 20230359)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 24, 2023 SPR23/0359 William J. Doyle, Esq. Records Access Officer Office of the General Counsel Massachusetts Department of Transportation 10 Park Plaza Boston, MA 02116 Dear Attorney Doyle: I have received the petition of John York appealing the nonresponse of the Massachusetts Department of Transportation (MassDOT) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 3, 2023, Mr. York requested the following records: [1] Any document containing a text description or graphical depiction of or related to MassDOT policy and/or plans and/or actions for snow and ice removal from any sidewalk(s) and/or shared use path(s) in the Cape Cod Canal Area. [2] Any document containing a text description or graphical depiction of or related to MassDOT policy and/or plans and/or actions for snow and ice removal and/or other maintenance of sidewalks on the Bourne Bridge and/or Sagamore Bridge. [3] Any document containing a text description or graphic depiction of MassDOT general policy and/or procedures for snow and ice removal from state owned sidewalks and/or state owned shared use paths. [4] Any contract, memorandum of understanding (MOU) or agreement between MassDOT and the US Army Corps of Engineers (USACE) or among MassDOT, the USACE and others concerning operation of highway(s) or roadway(s) over the Bourne Bridge and/or Sagamore Bridge. [5] The web address (url) for access to any document described in items 1. through 4. above for which the document is accessible via internet. [6] Any MassDOT correspondence to or from the Town of Bourne or the Town of Sandwich or the Town of Wareham concerning snow and/or ice removal from any sidewalk(s) or shared use path(s) in the Cape Cod Canal Area. [7] Any MassDOT correspondence to or from the USACE, the Town of Bourne, or roadway or sidewalk users concerning clearing of snow and/or ice from 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

John York SPR23/0359 Page 2 February 24, 2023 sidewalks of the Bourne Bridge and/or Sagamore Bridge. [8] Any MassDOT correspondence to or from the US Department of Transportation or the Federal Highway Administration concerning snow and/or ice removal from any sidewalk(s) or shared use paths(s) in the Commonwealth. [9] Any contract, memorandum of understanding (MOU) or agreement between MassDOT and the USACE or among MassDOT, the USACE and others concerning any location or locations where motor vehicles or pedestrians cross or may cross a railroad line or railroad tracks at grade level within the Cape Cod Canal Area. Claiming to not yet have received responsive records, Mr. York petitioned this office and this appeal, SPR23/0359, was opened as a result. Subsequently, I learned that MassDOT provided Mr. York with a response dated February 22, 2023. Where the basis of this appeal was opened as a result of MassDOT’s lack of a written response, I will now consider this administrative appeal closed. Mr. York may appeal the substantive nature of MassDOT’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: John York