Per C. Vaage v. Department of Agricultural Resources (SPR 20252728)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 29, 2025 SPR25/2728 Raquel Loayza Primary Records Access Officer Massachusetts Department of Agricultural Resources 225 Turnpike Road, 3rd Floor Southborough, MA 01772 Dear Ms. Loayza: I have received the petition of Attorney Per C. Vaage, of Mead, Talerman & Costa, LLC., appealing the nonresponse of the Massachusetts Department of Agricultural Resources (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 27, 2025, Attorney Vaage requested the following records: [1] All decisions of the Department of Agricultural Resources (“DAR”) on applications for Certificates of Approval (“COA’s”) for residential dwelling units on properties subject to Agricultural Preservation Restrictions (“APR’s”) for 2015 – present[;] [2] All decisions of the Agricultural Land Preservation Committee (“ALPC”) on applications for Certificates of Approval (“COA’s”) for residential dwelling units on properties subject to Agricultural Preservation Restrictions (“APR’s”) for 2015 - present[;] [3] Copies of all APR’s corresponding to each of the decisions requested above[;] [4] Copies of all APR’s issues between 2001 and the present not otherwise produced in response to No. 3, above[;] [5] Copies of all APR Program Guidelines governing Requests for COA’s for dwellings in effect between 2001-2015[;] [6] Copies of all versions of regulations in the CMR applicable to APR’s and/or COA’s in effect between 2001-present. 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

Raquel Loayza SPR25/2728 Page 2 September 29, 2025 Claiming to not yet have received responsive records, Attorney Vaage petitioned this office and this appeal, SPR25/2728, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Attorney Vaage with a response to his 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. Attorney Vaage 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: Per C. Vaage, Esq.