Chesbrough, Christine v. Tewksbury, Town of (SPR 20260087)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 23, 2026 SPR26/0087 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 the following: [C]opies of all records in the Town’s possession related to the proposed Battery Energy Storage System (BESS) facility in Tewksbury, Massachusetts. Specifically, I am seeking: [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 Health, 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. Previous Petition This request was the subject of a previous petition from the Town. See SPR25/3317 Determination of the Supervisor of Records (November 14, 2025). In my November 14th 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 SPR26/0087 Page 2 January 23, 2026 determination, I granted the Town a time extension of 30 business days. However, I found that the Town had not met its burden to assess fees in excess of $25.00 per hour to produce responsive records. Subsequently, the Town responded on November 19, 2025, providing a fee estimate. Ms. Chesbrough paid the fees on November 20, 2025. Claiming to not yet have received responsive records, Ms. Chesbrough petitioned this office and this appeal, SPR26/0087, was opened as a result. 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. See 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 19th Response In its November 19, 2025 response, the Town provided a fee estimate of $325.00 for “Search, Recover & Review for possible redaction under Exemption D of the Public Records Law” and additionally stated the following: As you have been informed, [the Town] petitioned the Supervisor of Public Records on November 10, 2025 to request an extension of time to process the request. Locating records across various systems or locations can be time- consuming. The correspondence, primarily emails to and from department heads totals 1846 emails that would need to be reviewed by both department heads and ultimately Town Counsel as the Town is current in negotiations for a host community agreement. 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

Denise Graffeo SPR26/0087 Page 3 January 23, 2026 project proponent will be provided once they have been reviewed for possible redaction under Exemption (d) of the Massachusetts Public Records Law. Current Appeal In her January 9, 2026 appeal to this office, Ms. Chesbrough states, “I submitted my public records request and paid the required fee in full on November 20. The Town . . . was granted, a 30-business-day extension to produce the requested records. That extended deadline has now passed, yet the Town has not produced the responsive records.” Upon review of the case file, it is my understanding that Ms. Chesbrough included with her appeal a copy of a November 28, 2025 bank statement concerning the deposit of a check dated November 20, 2025. Upon additional review, the check is for $325.00 made payable to the Town for “public records[.]” Under the Public Records Law, a records custodian is not required to produce responsive records until receipt of payment of a reasonable fee. G. L. c. 66, § 10(a)(iii). Once fees are paid, a records custodian must provide the responsive records. Where the Town has received Ms. Chesbrough’s payment of the reasonable fee, the Town must provide the responsive records. To the extent possible, the Town must provide responsive records on a rolling basis. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the Town is ordered to provide Ms. Chesbrough with a response to her 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. Sincerely, Manza Arthur Supervisor of Records cc: Christine Chesbrough