Philip Johenning v. Milton, Town of - Town Clerk (SPR 20250002)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 13, 2025 SPR25/0002; SPR25/0003; SPR25/0004 Susan M. Galvin Town Clerk Town of Milton 525 Canton Avenue Milton, MA 02186 Dear Ms. Galvin: I have received the petitions of Phillip Johenning appealing the nonresponse of the Town of Milton (Town) to three requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). In three separate requests on December 10, 2024 and December 13, 2024, Mr. Johenning requested the following: SPR25/0002: [A]ny documents from the years 2024, 2023, 2022, 2021 and 2020 related to inspections carried out by your office to ensure compliance with the 2019 Special Permit issued to [identified individuals] for Landscaping Business Use at their facilities at 270 Hillside Street, 217 Hillside Street, 0 Forest Street and 24 Forest street. I am interested in any inspections related to drainage, landscape, operations, parking, building, lighting and signage. With respect to operations I want to see any inspections related to number of employees, amount of landscaping materials received and sold, firewood received and sold and vehicles used in the business. SPR25/0003: The Permit states the following: The Special Permit shall be recorded with the Norfolk County Registry of Deeds by the Applicants at their own expense within 30 days from the date when such Special Permit becomes final. A copy of the recorded document shall be provided to the Town Planner promptly after recording. I am asking for a scanned copy of that document, which was supposed to be provided to the Town Planner, to be provided to me via email or for a physical 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

Susan M. Galvin SPR25/0002; SPR25/0003; SPR25/0004 Page 2 January 13, 2025 copy to be provided to me via the US Postal Service. SPR25/0004: [C]opies of any applications from Thayer Nursery [identified individuals] and the related approvals for signs for the Thayer business from 2016 until 12/13/2024. Perhaps you are aware that from time to time the Nursery places promotional signs at the intersection of Randolph Avenue and Hillside Street on the small island there that they maintain. I assume that such temporary signs on Town property also require approval. Claiming to not yet have received responsive records, Mr. Johenning petitioned this office and the following appeals, SPR25/0002, SPR25/0003, and SPR25/0004, were opened as a result. Despite being notified of the opening of these appeal, it remains unclear whether the Town has provided a response(s). Accordingly, the Town is ordered to provide Mr. Johenning with a response(s) to his requests, 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(s) must be provided to this office. It is preferable to send an electronic copy of the response(s) to this office at pre@sec.state.ma.us. Mr. Johenning may appeal the substantive nature of the Town’s response(s) within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Phillip Johenning