George and Jen Burden v. Lunenburg, Town of (SPR 20240906)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 2, 2024 SPR24/0906 Heather Lemieux Records Access Officer Town of Lunenburg 17 Main Street, P. O. Box 135 Lunenburg, MA 01462 Dear Ms. Lemieux: I have received the petition of Jen and George Burden appealing the nonresponse of the Town of Lunenburg (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 3, 2024, Jen and George Burden requested: [1] … all documents that any Town of Lunenburg employee has received and/ or sent from a Trustee (past or current) of the Village at Flat Hill Planned Residential Area pertaining to a water runoff issue at the intersection of Flat Hill Road and the southern entrance of Cortland Circle[;] [2] … all documentation regarding the Town of Lunenburg’s original approval of the retention pond areas for the Village at Flat Hill Planned Residential Area along with any town requirements regarding ongoing maintenance and future work needed for the retention ponds at the Village at Flat Hill Planned Residential Area[;] [3] … all documents related to work (past, current, and future) that has been requested by the Town of Lunenburg to the Trustees of Village at Flat Hill Planned Residential Area regarding the retention ponds in the Village at Flat Hill Planned Residential Area[;] [4] … all documents related to work (past, current, and future) that has been requested by the Town of Lunenburg to the Trustees of Village at Flat Hill Planned Residential Area regarding the retention ponds in the Village at Flat Hill Planned Residential Area[;] [5] … all documents related to requirements/notices, etc. (past, current, and future) that have been requested by the Town of Lunenburg to the Trustees of Village at Flat Hill Planned Residential Area regarding the retention ponds in the Village at Flat Hill Planned Residential Area. 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

Heather Lemieux SPR24/0906 Page 2 April 2, 2024 Claiming to not yet have received responsive records, Jen and George Burden petitioned this office and this appeal, SPR24/0906, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Town has provided a response. Accordingly, the Town is ordered to provide Jen and George Burden with a response to their request, 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. Jen and George Burden 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: Jen and George Burden