John York v. Massachusetts Department of Transportation (SPR 20242210)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 16, 2024 SPR24/2210 William J. Doyle, Esq. Records Access Officer Massachusetts Department of Transportation 10 Park Plaza Boston, MA 02116 Dear Attorney Doyle: I have received the petition of John York appealing the nonresponse of the Department of Transportation (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 16, 2024, Mr. York requested the following: [1] [C]opies of any document(s) submitted at any time from September 1, 2023, to and including July 12, 2024, by or on behalf of MassDOT and/or the US Army Corps of Engineers as application(s) for USDOT Bridges Investment Program (BIP) funding for the Cape Cod Bridges Program and/or its component projects 6 MassDOT Project Number 608020, Cape Cod Canal Area Transportation Improvement Program, and MassDOT Project 613678 Bourne Bridge Replacement, including any funding or grant application(s) and all Appendices, Addenda, supporting documents, amendments or supplemental submissions which may have been submitted concurrently or separately as part of, in support of, or as amendments to any such application(s). Please note that supporting documents would also include any cover letter(s), explanatory letters or other documents related to such application and sent by or on behalf of MassDOT and/or the USACE to any USDOT personnel, other Federal personnel or Federal elected officials. [2] [C]opies of any correspondence to MassDOT and/or the USACE, related to the Cape Cod Bridges Program BIP application, identifying, describing and/or discussing preliminary scores for the Project and/or preliminary scores for the BIP funding application for the Project. [3] [C]opies of any other document(s) provided to MassDOT and/or the USACE, related to the Cape Cod Bridges Program BIP funding application, identifying, describing or discussing preliminary scores for the Project and/or funding applications for the Project under the BIP program. 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. SPR24/2210 Page 2 August 16, 2024 [4] [C]opies of any correspondence to MassDOT and/or the USACE related to the Cape Cod Bridges Program BIP application stating approval of BIP funding and/or describing merits or final scores of the Program or the Program’s amended BIP application. Claiming to not yet have received responsive records, Mr. York petitioned this office and this appeal, SPR24/2210, was opened as a result. Subsequently, I learned that the Department provided Mr. York with a response dated August 9, 2024. Where this appeal was opened as a result of the Department’s lack of a written response, I will now consider this administrative appeal closed. Mr. York may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: John York