Eric Richards v. Auburn, Town of - Town Clerk (SPR 20242952)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 8, 2024 SPR24/2952 Ginger Buteau Town Clerk Town of Auburn 104 Central Street Auburn, MA 01501 Dear Ms. Buteau: I have received the petition of Eric Richards appealing the response of the Town of Auburn (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 25, 2024, Mr. Richards requested “records pertaining to [named individuals], businesses, and addresses for the period January 1, 2018, to the present.” On October 24, 2024, Mr. Richards modified his request to the following: [1.] PDF Business Certificate file for ALL HVAC LLC [2.] Any disclosable public records related to [named individuals] [3.] Any disclosable public records related to ALL HVAC LLC, Phoenix Challenge Coins LLC, or any other business entities associated with [a named individual] (including DBAs or sole proprietorships) [4.] Any disclosable public records for addresses:… [5.] Any disclosable public records of correspondence (emails, memos, letters, phone calls, meeting notes, Zoom calls, investigations, etc.) involving the listed business entities, individuals, and addresses [6.] Any disclosable public records of evidence collected by the Town of Auburn (photos, videos, audio, statements, etc.) related to the listed businesses, individuals, and addresses [7.] Any disclosable public records of complaints and investigations regarding home occupations under Section 3.9.1.2 of the Zoning Bylaws related to listed businesses, individuals, and addresses [8.] Any disclosable public records of enforcement citations starting 2018 to today under Section 3.9.1.2 of the Zoning Bylaws (including details of violations, outcomes, and parties involved) [9.] Any disclosable public records of revenue generated from enforcing Section 3.9.1.2 of the Zoning Bylaws (permits, appeals, fines) starting 2018 to today 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

Ginger Buteau SPR24/2952 Page 2 November 8, 2024 [10.] Any disclosable public records related to appeals of Section 3.9.1.2 of the Zoning Bylaws starting 2018 (including pending appeals) to today [11.] Any disclosable public records of home occupation permits (or permits of any status) for the listed individuals, businesses, and addresses [12.] Any disclosable public records of criteria used by the Town of Auburn to define what constitutes a home occupation [13.] Any disclosable public records of legal citations used to define home occupations and home occupation businesses [14.] Any disclosable public records of inspections and enforcement actions under Section 3.9.1.2 of Zoning Bylaws (including photos, evidence, and site visit details) regarding the listed individuals, businesses, and addresses [15.] Any disclosable public records of meeting minutes and agendas related to home occupations [16.] All disclosable public records of correspondence related to the enforcement of Section 3.9.1.2 of the Zoning Bylaws [17.] All disclosable public records of policies and procedures related to the enforcement of Section 3.9.1.2 of the Zoning Bylaws [18.] All disclosable public records of directives or guidance from Massachusetts state agencies or government officials regarding zoning enforcement during COVID-19 related to enforcement of Section 3.9.1.2 of Zoning Bylaws [19.] All disclosable public records of public communications related to the enforcement of Section 3.9.1.2 of the Zoning Bylaws The Town provided a response on October 11, 2024, providing a fee estimate in response to the September 25th request. Unsatisfied with the Town’s response, Mr. Richards petitioned this office and this appeal, SPR24/2952, was opened as a result. Subsequently, I learned that on November 7, 2024, the Town provided a response to Mr. Richards’ October 24th modified request. Accordingly, where this appeal was opened as a result of the Town’s October 11, 2024 response, I will now consider this administrative appeal closed. Mr. Richards may appeal the substantive nature of the Town’s November 7th response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Eric Richards