Chesbrough, Christine v. Tewksbury, Town of (SPR 20260484)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 25, 2026 SPR26/0484 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. 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 SPR26/0484 Page 2 February 25, 2026 Previous Petition and Appeal This request was the subject of a previous petition from the Town, and a previous appeal. See SPR25/3317 Determination of the Supervisor of Records (November 14, 2025) and SPR26/0087 Determination of the Supervisor of Records (January 23, 2026). In my January 23rd determination, I ordered the Town to provide Ms. Chesbrough with the responsive records on a rolling basis. Subsequently, I learned that the Town responded to Ms. Chesbrough on January 12, 2026. Claiming to not yet have received responsive records, Ms. Chesbrough petitioned this office and this appeal, SPR26/0484, 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 January 12th Response In its January 12, 2026 response, the Town stated, “[m]y apologies for the delay in reaching out to you regarding your public records request – our hold up is the volume of emails and identifying what needs to be redacted. In the meantime, is there a specific document you are looking for that I can get you ASAP while I await the emails? Again, I apologize for the delay, I thought they would be done today with the emails.” In a January 13, 2026 email to the Town, Ms. Chesbrough stated, “I would welcome receiving any responsive documents on a rolling basis while the remaining emails are being reviewed and redacted. To be clear, this would be in addition to, not in place of, the full production responsive to my November 1 public records request…”

Denise Graffeo SPR26/0484 Page 3 February 25, 2026 Current Appeal In her February 10, 2026 appeal to this office, Ms. Chesbrough states, “[t]he public records that were required to be provided to me today have not been delivered. I began this process on November 1, and after appealing the $1,600 fee, it was reduced to $325. The Town requested a 30-day extension at the same time, which was granted. I paid $325 on November 20. Despite this, I have not received any records, and I filed an appeal on January 8. On January 23, you granted an additional 10 days to the Town of Tewksbury… It has now been over three months since my original request, and the records have not been provided…The Assistant Town Manager . . . emailed me on January 12 requesting clarification on which records I most wanted. I responded, but no records were sent…Immediate access to these records is necessary to ensure a fair and transparent process in the EFSB evidentiary hearings…Prompt compliance is therefore essential.” Timeframe for Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of a request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that . . . for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Ms. Chesbrough paid the fee estimate on November 20, 2025, and the Town has not provided responsive records, nor cited an exemption for withholding records, I find the Town has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the Town must provide an estimated date as to when it intends to complete the search and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Town must provide responsive records on a rolling basis. 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.

Denise Graffeo SPR26/0484 Page 4 February 25, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Christine Chesbrough