Sandra Fawn v. Massachusetts Department of Transportation (SPR 20232686)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 17, 2023 SPR23/2686 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 Sandra Fawn appealing the nonresponse of the Massachusetts Department of Transportation (Department/MassDOT) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 18, 2023, Ms. Fawn requested the following records related to the “Orange[, Massachusetts] - Reconstruction of North Main Street and relocation of Fall Hill Brook Culvert” project: [1.] All notices of design statuses of project 603371 from January 19, 2023 to October 18, 2023. [2.] All emails, correspondence, documents, records, filings, public hearing notices, and … all Historic reviews, correspondence, and determinations between January 19, 2023 and October 18, 2023 including actual filing documents and results, comments, outcome of said filing. [3.] All documents pertaining to Section 106 of the National Historic Preservation Act. [4.] All bi-weekly meeting notes between MassDOT and all parties involved with MassDOT Project #603371 between January 19, 2023 and October 18, 2023. [5.] MassDOT specific guidelines and process for service to abutters of the construction project for public hearing notices and other information. [6.] All correspondence between MassDOT and Town of Orange Staff including Town Clerk, Town Administrator, Assistant Town Clerk, Town Counsel, Board 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. SPR23/2686 Page 2 November 17, 2023 of Selectmen, and Town Highway Department from January 19, 2023 to October 18, 2023. Claiming to not yet have received a response, Ms. Fawn petitioned this office and this appeal, SPR23/2686, was opened as a result. Subsequently, I learned that the Department intends on providing a written response to Ms. Fawn. Accordingly, the Department 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 the Department’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.