Bob Evans v. Sudbury, Town of (SPR 20241321)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 13, 2024 SPR24/1321 Beth R. Klein Town Clerk Town of Sudbury 322 Concord Road Sudbury, MA 01776 Dear Ms. Klein: I have received the petition of Bob Evans appealing the nonresponse of the Town of Sudbury (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 26, 2024, Mr. Evans requested the following: [1.] . . . all documents regarding any-and-all parties (public and private, corporate or municipal) that performed work to modify the Cart Path are within the wetland boundaries or buffers, between 1994-Present. [2.] . . . all information for all Parties (public and private, corporate or municipal) that supplied materials to augment the Cart Path area within the wetland boundaries or buffers. To include but not limited to the suppliers of gravel and Earth materials, culverts/concrete pipes, masonry or construction materials, water handling components etc. between 1994-Present. [3.] . . . all documents relating to service providers and contractors that were used to install and/or construct water management components like head walls, culverts/concrete pipes, roads, etc. on or within the Cart Path’s wetland boundaries or buffers between 1994-Present. [4.] . . . all accounting information that related to payment for work or materials that were paid by Town to modify the Cart Path within the wetland boundaries or buffers, between 1994-Present. To include invoices, check stubs, purchase orders/requisitions, etc. made to material and component suppliers, water management or municipal supply companies, sand/gravel companies, etc. (include any 3rd parties who performed supplies towards material purchasing,) that went to product placed within the Cart Path area and within wetland boundary and buffer. 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

Beth R. Klein SPR24/1321 Page 2 May 13, 2024 [5.] . . . a list of all persons and their title and departments that reviewed the budget and expenditures of the DPW and Engineering Department for the Town of Sudbury between 1999-2008, as a broad view not pertaining to Cart Path/ Wetland boundary. [6.] . . . a list of any and all donated materials, components or services from public or private entities. This includes, gifts, donations, grants, donated labor, donated construction equipment etc. any labor or materials provided free of charge to the Town that were used on the Cart path area, or within wetland boundary and buffers between 1994-Present. [7.] . . . documents related to water flow calculations and sizing requirements performed to implement any headwall or culvert/concrete pipes within the Cart Path area, or within wetland boundary and buffers between 1994-Present. [8.] . . . the names of persons and/or departments that approved calculations (in #7) including implementation of any culverts/headwalls/concrete pipes, or water management components for the Town of Sudbury, used within the Cart Path area within wetland boundary and buffers between 1994-Present. [9.] . . . the name of person/s or departments responsible for the changing of flow handling devices, such as headwalls, culvert/concrete pipes, earthen flow component media, etc. used on or within the Cart Path area within the wetland boundary and buffers between 1999-Present. Claiming to not yet have received responsive records, the requestor petitioned this office and this appeal, SPR24/1321, 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 Mr. Evans with a response to the 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. Mr. Evans 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: Bob Evans