Bill Shein v. Massachusetts Department of Transportation (SPR 20252450)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 3, 2025 SPR25/2450 William H. Doyle, Esq. Records Access Officer Office of the General Counsel Massachusetts Department of Transportation 10 Park Plaza, Suite 3910 Boston, MA 02116 Dear Attorney Doyle: I have received the petition of Bill Shein, of The Berkshire Argus, appealing the response of the Massachusetts Department of Transportation (MassDOT) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 22, 2025, Mr. Shein requested the following records: [1] Any and all records, including all internal and external e-mail and other correspondence, related to any submittal(s) to MassDOT by the Town of Great Barrington under Chapter 90, Section 39B, which requires that, as it pertains to any local aviation-related rules, “such rules and regulations, ordinances or by- laws shall be submitted to the commission and shall not take effect until approved by the commission.” [2] Any and all documents, including all internal and external e-mail and other correspondence, related to any and all repair, maintenance, construction, or other projects proposed at, or for, the Great Barrington Walter J. Koladza Airport (GBR), including information about any proposed, requested, or approved state grants, including financing contemplated or awarded under the MassDOT Aeronautics Division Airport Safety and Maintenance Program (ASMP) or any other state or federal program. [3] Any and all documents related to airport inspection(s) by MassDOT, including but not limited to triannual airport inspections, runway pavement evaluations and repair plans under IDEA/Pavement Management Program, and including but not limited to inspection notes, draft and final reports, executive summaries, project plans and drawings, photographs, cost estimates and/or budgets. [4] Current based-aircraft report for GBR including the most recent dated submission from Berkshire Aviation. 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

Williams H. Doyle, Esq. SPR25/2450 Page 2 September 3, 2025 Prior Appeal The requested records were the subject of a prior appeal. See SPR25/2194 Determination of the Supervisor of Records (August 8, 2025). In my August 8th determination, I learned that MassDOT provided a supplemental response to Mr. Shein on July 31, 2025, providing a link to some of the records responsive to the request and indicating that the remaining responsive records will be sent on a rolling basis...” Unsatisfied with the response, Mr. Shein petitioned this office and this appeal, SPR25/2450, was opened as a result. Subsequently, I learned that MassDOT sent a supplemental response to Mr. Shein on September 3, 2025. Where the basis of this appeal was opened as a result of MassDOT’s July 31, 2025 response, I will now consider this administrative appeal closed. Mr. Shein may appeal the substantive nature of MassDOT’s September 3rd response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Bill Shein Stephen Shorey, Esq.