Margaret E. Sheehan, Esq. v. Carver, Town of - Town Clerk (SPR 20240178)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 2, 2024 SPR24/0178 Michelle Sheehan Town Clerk Town of Carver 108 Main Street Carver, MA 02330 Dear Ms. Sheehan: I have received the petition of Margaret E. Sheehan, Esq. appealing the nonresponse of the Town of Carver (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 17, 2023, Attorney Sheehan requested the following records for the period from October 1, 2022 to present: [1.] … all records referring to the waiver referred to in the February 14, 2023 letter from the ERC to Makepeace. [2.] The “the opinion of Town counsel” referred to in the February 9, 2023 letter from Makepeace to the ERC, including but not limited to emails, correspondence and phone notes. [3.] The “consultation” between and among the “Town Counsel” and the Town Administrator as referred to in the February 14, 2023 Letter to [an identified individual], Town of Plymouth, from [an identified individual], including all emails, correspondence, and phone notes. [4.] All correspondence with Dig It Construction LLC, its employees, officers, agents regarding the “Long Beach Mixed Sediment Nourishment Project.” [5.] All records relating or referring to communications with Makepeace, Read Custom Soils, LLC, its employees, agents, or representatives regarding the waiver, including but not limited to [an identified individual]. [6.] All records relating or referring to communications with the Town of Plymouth regarding the Long Beach Renourishment Plan … 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

Michelle Sheehan SPR24/0178 Page 2 February 2, 2024 Previous Appeal The requested records were the subject of a previous appeal. See SPR23/3091 Determination of the Supervisor of Records (January 4, 2024). In my January 4th determination, I directed the Town to provide a response to Attorney Sheehan. The Town provided a response on January 19, 2024. Unsatisfied with the response, Attorney Sheehan petitioned this office and this appeal, SPR 24/0178, was opened as a result. Subsequently, I learned that the Town provided a further response to Attorney Sheehan on February 1, 2024. Where this appeal was opened as a result of the Town’s January 19th response, I will now consider this administrative appeal closed. Attorney Sheehan may appeal the substantive nature of the Town’s February 1st response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Margaret E. Sheehan, Esq.