Sandra Fawn v. Massachusetts Department of Transportation (SPR 20232684)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 17, 2023 SPR23/2684 William J. Doyle, Esq. Records Access Officer Office of the General Counsel Massachusetts Department of Transportation 10 Park Plaza, Suite 3910 Boston, MA 02116 Dear Attorney Doyle: I have received the petition of Sandra Fawn 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 October 20, 2023, Ms. Fawn requested the following records regarding Reconstruction of North Main Street and relocation of Fall Hill Brook Culvert: [1.] All public and legal notices of design statuses of project 603371 from January 1, 2009 to October 18, 2023. [2.] All emails, correspondence, documents, records, state requirements pertaining to service and notice to abutters best between MassDOT and the state to Town of Orange legal counsel and Town Administrator dated between January 1 2008 and October 18, 2023 including actual filing documents and results, comments, outcome of said filing. [3.] MassDOT specific guidelines and process for service to abutters of the construction project for public hearing notices and other information. [4.] All correspondence between MassDOT and Town Administrator and/or Town Counsel from 2009 to present. Claiming to not yet have received a response, Ms. Fawn petitioned this office and this appeal, SPR23/2684, was opened as a result. 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

William J. Doyle, Esq. SPR23/2684 Page 2 November 17, 2023 It is my understanding that MassDOT intends on providing a written response to Ms. Fawn. Accordingly, MassDOT is ordered to provide Ms. Fawn with a response in accordance with the Public Records Law, its Regulations and this order within ten 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. Ms. Fawn may appeal the substantive nature of MassDOT’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Sandra Fawn Stephen W. Shorey, Esq.