Brian J. Wall v. Barnstable, Town of - Office of Town Clerk (SPR 20240402)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 22, 2024 SPR24/0402 Ann M. Quirk Records Access Officer Town of Barnstable 367 Main Street Hyannis, MA 02601 Dear Ms. Quirk: I have received the petition of Brian J. Wall, Esq. appealing the response of the Town of Barnstable (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 13, 2023, Attorney Wall requested: [1.] Any and all documents evidencing Cotuit Oyster Company, Inc.’s Federal approvals and/or permits, including those issued by the U.S. Army Corps of Engineers, including the following: [a.] Any and all applicable “Letters of Permission for Shellfish Aquaculture in Massachusetts.” [b.] Any and all permits specific to Cotuit Oyster Company, Inc.; [c.] Any and all specific permits setting forth “Applicability and Conditions” governing Cotuit Oyster Company, Inc. [d.] Any letters, including cover letters and/or letters of transmittal, enclosing any approvals, permits, or terms and conditions governing Cotuit Oyster Company, Inc. [e.] Any maps or plans associated or related to any approvals and/or permits. [f.] Any documents associated with or related to any of the documents responsive to the foregoing requests. 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

Ann M. Quirk SPR24/0402 Page 2 February 22, 2024 [2.] Any and all documents evidencing communications by and/or between Town of Barnstable Officials, including, but not limited to, employees of the Barnstable Department of Natural Resources, and the U.S. Army Corps of Engineers, concerning Cotuit Oyster Company, Inc. during the period of January 1, 2023 to [December 13, 2023]. [3.] Any and all documents evidencing communications by and/or between Town of Barnstable Officials, including, but not limited to, employees of the Barnstable Department of Natural Resources, and the Cotuit Oyster Company, Inc. during the period of January 1, 2023 to [December 13, 2023]. [4.] Any and all documents evidencing approval of use of new equipment by, or expansion of operations of, Cotuit Oyster Company, Inc. between 1995 and 2006. [5.] Any and all documents evidencing approval of use of new equipment by, or expansion of operations of, Cotuit Oyster Company, Inc. between 2006 and 2018. [6.] Any and all documents, including communications, by and between the Department of Natural Resources, and any employees thereof, and Cotuit Oyster Company, Inc., concerning or related to approval of floating gear, including, but not limited to, any communications in or about 2018 related to the approval of the use of “OysterGro” gear. [7.] Any and all communications between [an identified individual] and Shellfish [an identified constable] and [an identified officer] from January 1, 2023 to [December 13, 2023]. [8.] Any documents evidencing a comprehensive re[-]review of aquaculture operations in Cotuit Bay. [9.] Copies of all the letters of support that were received by the Department of Natural Resources with respect to Cotuit Oyster Company, Inc.’s pending Application for Renewal of Aquaculture License. The Town provided responses on January 10, 2024; January 19, 2024 and January 24, 2024. Unsatisfied with the Town’s responses, Attorney Wall petitioned the Supervisor of Records, and this appeal, SPR24/0402 was opened. It is my understanding that the Town intends on providing a further response to Attorney Wall. Accordingly, the Town is ordered to provide Attorney Wall with said response in a manner consistent with the Public Records Law and its Regulations within 10 business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Attorney Wall may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1).

Ann M. Quirk SPR24/0402 Page 3 February 22, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Brian J. Wall, Esq.