Chesbrough, Christine v. Tewksbury, Town of (SPR 20260086)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 23, 2026 SPR26/0086 Denise Graffeo Town Clerk Town of Tewksbury 1009 Main Street Tewksbury, MA 01876 Dear Ms. Graffeo: I have received the petition of Christine Chesbrough appealing the response of the Town of Tewksbury (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 1, 2025, Ms. Chesbrough requested “…all records in the Town’s possession related to the proposed Battery Energy Storage System (BESS) facility in Tewksbury, Massachusetts.” Specifically, Ms. Chesbrough sought: [1] All project applications, site plans, and permits submitted by or on behalf of the developer; [2] Staff reports, memos, and correspondence involving the Planning Board, Conservation Commission, Fire Department, Board of Heath, and Select Board; [3] Any environmental impact analyses, safety or hazard assessments, or emergency response plans related to the proposed facility; [4] Any Fiscal Impact Statements, Host Community Agreements (HCA), Payment in Lieu of Taxes (PILOT), or Tax Increment Financing (TIF) documents; [5] Meeting minutes, emails, and letters between town officials, consultants, and the project proponent; [6] Correspondence with state or federal agencies, including MassDEP, Department of Fire Services, or Department of Energy Resources, regarding project siting, permitting, or safety review. The Town responded on November 10, 2025, Unsatisfied with the Town’s response, Ms. Chesbrough petitioned this office and this appeal, SPR26/0086, was opened as a result. 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

Denise Graffeo SPR26/0086 Page 2 January 23, 2026 The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response, a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Town’s November 10th Response In its November 10, 2025 response, the Town stated: The Town is not in possession of any permit applications that would be issued by the Town this time. A link has been provided to the Town website where we have posted the application to the Commonwealth’s Energy Facilities Siting Board… Environmental impact analyses, safety or hazard assessments, and emergency response plans related to the proposed facility have not been provided to the Town at this time. Fiscal Impact Statements and Tax Increment Financing (TIF) documents have not been provided to the Town. A negotiated Host Community Agreements (HCA) and Payment in Lieu of Taxes (PILOT) have not been completed and the Town will withhold them under [Exemption (d)]. Staff reports, memos, and correspondence involving the Planning Board, Conservation Commission, Fire Department, Board of Health, and Select Board, emails, and letters between town officials, consultants, and the project proponent are being reviewed [and] will be provided once they have been reviewed for possible redaction under Exemption D… Correspondence with state or federal agencies, including MassDEP, Department of Fire Services, or Department of Energy Resources, regarding project siting, permitting, or safety review will be provided.

Denise Graffeo SPR26/0086 Page 3 January 23, 2026 Meeting minutes can be found at [an identified link]. Please note that the Select Board has voted to withhold their Executive Session minutes on this topic as it is in active negotiations. It is our intention to provide you with a good faith estimate prior to conduction this search… Current Appeal In her appeal petition, Ms. Chesbrough argued against the Town’s “withholding of Executive Session minutes related to [her] public records request,” and stated, “[n]o redaction log or explanation specifying the legal basis for withholding these minutes has been provided.” It appears Ms. Chesbrough’s appeal pertains only to the Town’s withholding of executive session minutes, as she is not contesting the remainder of the Town’s response. Open Meeting Law Ms. Chesbrough’s appeal petition, along with the Town’s response, raise issues potentially related to the Open Meeting Law. See G. L. c. 30A, § 22(f). Given that an interpretation of the Open Meeting Law falls within the authority of the Attorney General’s Office (AGO) and not this office, I am unable to address those issues in this determination. See G. L. c. 30A, § 23. I encourage the parties to contact the AGO for a determination on the status of the executive session minutes. Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Christine Chesbrough