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Residents, attorney warn Marlborough proposal would narrow public‑records access; board says changes clarify process
Summary
At a March 9 public hearing, residents and attorney Adam H.J. Broza warned that a proposed local law would replace routine on‑site inspection with a written-request-and-search model and could impose fees; town officials said the change clarifies procedures and addresses staff burdens. The hearing was closed for the Board's consideration.
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Supervisor Michael Corcoran opened a public hearing March 9 on a proposed local law to amend sections of the Town Code governing inspection hours, requests for access, fees and recordkeeping. Corcoran told attendees there would be no question-and-answer session and that "each person commenting will have three minutes." The Board recorded present members and staff and accepted written comments into the official record.
Attorney Adam H.J. Broza, who submitted a multi-page public-comment letter, told the Board the draft "does not merely restate state law or make minor housekeeping changes" and warned it would "materially narrow Marlborough’s existing access regime" by routing routine building-record inspections into a written-request-and-search process and deleting local protections such as an explicit no-fee rule for inspection and search. Broza pointed to the Town’s own fee history and Department of State standards to argue the draft could reduce transparency and invite legal challenge.
Town officials defended the proposal as clarification rather than restriction. Councilman Michael Appler Jr. said staff have faced repeated disruptions when members of the public demand immediate access; he argued "The goal is not to limit access, but to clarify that records may take time to provide to protect people’s freedom." Supervisor Corcoran said the intent is to create "uniformity and clarity in how records are provided," outlined that written requests may be submitted in person, by email, or by mail, and stated that documents would be provided electronically "when possible, at no cost." The Board closed the hearing by unanimous vote and will review the written record before any decision.
