Elizabeth Lake, Esq. v. Duxbury, Town of - Town Clerk (SPR 20232175)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 25, 2023 SPR23/2175 Susan C. Kelley Town Clerk Town of Duxbury 878 Tremont Street Duxbury, MA 02332 Dear Ms. Kelley: I have received the petition of Elizabeth Lake, Esq., of Eckert Seamans Cherin & Mellott, LLC, appealing the response of the Town of Duxbury (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 18, 2023, Gabriel T. Dym, Esq., of Eckert Seamans Cherin & Mellott, LLC, requested records from June 15, 2018 to the date of the request regarding: [1] The clearing, construction and/or development of the area in or around the 2nd, 5th, and 8th through 16th holes of the golf course owned, operated, controlled and/or maintained by the Duxbury Yacht Club of 106 Harrison Street in Duxbury (the “Yacht Club”) performed in the fall of 2019 (the “Project”) without the issuance of a Site Alteration Special Permit (“Special Permit”); [2] The September 30, 2019 determination (the “Determination”) of Town Building Inspector James Wasielewski the (“Building Inspector”) concluding that Section 611 of The Town of Duxbury Zoning Bylaws (the “Bylaws”) is limited to “previously undeveloped” land; [3] The October 18, 2019 appeal (the “ZBA Appeal”) of the Determination to the Town of Duxbury Zoning Board of Appeals (the “ZBA”) by 240 Harrison Street Realty Trust, . . . individually, collectively, as trustees and as beneficiaries, as applicable, of 188 Harrison Street, Duxbury Massachusetts (the “Trust Property”) (collectively, the “Trust”); [4] The March 5, 2020 decision (the “Decision”) of the ZBA affirming the Determination and concluding that “the work performed is fully consistent with the continued maintenance and operation of the golf course”; [5] The October 20, 2022 determination of Fence Viewers . . . (“the “Fence Viewers’ Determination”) concluding that certain landscaped area abutting the Trust Property does not constitute a fence; 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

Susan C. Kelley SPR23/2175 Page 2 September 25, 2023 [6] The Trust’s October 28, 2022 appeal of the Fence Viewers’ Determination; [7] The Trust’s August 16, 2021 letter to Stephen R. McDonald, Chief of Police, Duxbury Police Department, concerning ongoing violations Massachusetts Department of Environmental Protection regulation 310 CMR 7.00, specifically ongoing violations of the noise restrictions outline in Section 7.10; [8] The September 2021 letter to the Town of Duxbury Board of Health concerning ongoing violations of Massachusetts Department of Environmental Protection regulation 310 CMR 7.00, specifically ongoing violations of the noise restrictions outline in Section 7.10; and [9] The conflict of interest of Town officials with respect to the Yacht Club, Project, Decision, Determination, ZBA Appeal, and the Fence Viewers’ Determination. On September 1, 2023, the Town responded. Unsatisfied with the response, Attorney Lake petitioned this office and this appeal, SPR23/2175, was opened as a result. Subsequently, I learned that the Town intends to provide a further response to Attorney Lake. Accordingly, the Town is ordered to provide Attorney Lake with said response, 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 the response to this office at pre@sec.state.ma.us. Attorney Lake may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Elizabeth Lake, Esq. Gabriel T. Dym, Esq., Michael A. D’Ortenzio, Jr., Esq.