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The Attorney General's ruling

Winthrop Board of License Commission · from StateReference · 3 pages · 135 KB
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T HE C OMMONWEALTH OF M ASSACHUSETTS 
O FFICE OF THE A TTORNEY G ENERAL 
ONE ASHBURTON PLACE
BOSTON, MASSACHUSETTS 02108
T EL : (617) 727-2200
www.mass.gov/ago 
March 1, 2022 
OML 2022 – 36 
Janelle M. Austin, Esq. 
KP Law, P.C. 
101 Arch Street 
Boston, MA 02110 
By email only : 
RE: Open Meeting Law Complaint 
Dear Attorney Austin: 
This office received a complaint from Michael Beattie on December 6, 2021, alleging
that the Winthrop Board of License Commission (the “Board”) violated the Open Meeting Law,
G.L. c. 30A, §§ 18-25. The complaint was originally filed with the Board on September 21,
2021, and you responded, on behalf of the Board, by letter dated November 1, 2021, following
an extension of time granted by this office. 1 In his complaint, Mr. Beattie alleges that the Board
violated the Open Meeting Law by: (1) posting an insufficiently specific notice for a meeting
held on August 23; (2) failing to provide notice to abutters that the Board planned to discuss a
specific liquor license application during its August 23 meeting; and (3) failing to consider the
requirements of G.L. c. 138, § 16, in granting a liquor license near a religious institution. 
Following our review, we find that the Board did not violate the Open Meeting Law. We
resolve this complaint by informal action in accordance with 940 CMR 29.07(1). In reaching
this determination, we reviewed the original complaint, the Board’s response to the complaint,
the complainant’s request for further review, and the notice of the Board meeting held on August
23. 
The Open Meeting Law requires that “a public body shall post notice of every meeting at
least 48 hours prior to such meeting.” G.L. c. 30A, § 22(a). Public bodies are required to post
notices that “shall be printed in a legible, easily understandable format and shall contain the date,
time and place of such meeting and a listing of topics.” G.L. c. 30A, § 22(b). A public body must 
1 Unless otherwise specified, all dates refer to 2021. 
2 
post notice that include “a listing of topics that the chair reasonably anticipates will be discussed
at the meeting.” G.L. c. 30A, § 20(b). We generally consider a topic to be sufficiently specific
when a reasonable member of the public could read the topic and understand the anticipated
nature of the public body’s discussion. See OML 2016-167, OML 2016-90; OML 2015-196;
OML 2014-155; OML 2011-11. 2 
The complaint alleges that the notice for the Board meeting held on August 23 lacked
sufficient specificity because it failed to list the address of the establishment seeking a liquor
license. The Board duly posted notice of the August 23 meeting notice, which included the
following topic: “Continued Public Hearing” “Application for Wine and Malt Liquor License
Off Premises / DTJ Inc. (D&T Market).” Although including street addresses may be useful to
the public, such detailed specificity is not necessary if the Board sufficiently identifies the
establishments with the specific types of license renewals. See OML 2017-33. Here, we find that
the notice included sufficient specificity where it contained the name of the establishment and
the type of license under consideration, such that a reasonable member of the public could
determine the anticipated nature of the public body’s discussion. See OML 2016-90; OML 2011-
11. Therefore, we find that the Board did not violate the Open Meeting Law. 
The complaint further alleges that the Board violated the Open Meeting Law by failing to
provide specific notice to abutters that the Board planned to discuss the liquor license application
on August 23. The Open Meeting Law does not require public bodies to provide additional
notice of meetings to specific individuals or groups of individuals for topics discussed during a
meeting. See OML 2019-17; OML 2013-41. Because the Board duly posted notice of the August
23 meeting and included, as a topic on the notice, the consideration of an application for a liquor
license for D&T Market, we find the Board complied with the requirements of the Open Meeting
Law and find no violation. See OML Declination 1-18-19 (Lanesborough Conservation
Commission). 
Finally, the complaint alleges that the Board “failed to take into consideration” whether
the establishment requesting the liquor license was 500 feet away from a religious institution as
required by G.L. c. 138 § 16. The Division of Open Government’s review concerns compliance
with the Open Meeting Law, G.L. c. 30A, §§ 18-25. Therefore, even if true, this allegation would
not constitute a violation of the Open Meeting Law. As such, we decline to review this particular
matter. See OML Declination 1-25-16 (Nahant Housing Authority Board of Commissioners);
OML Declination 5-21-12 (Hampden-Wilbraham Regional School Committee). We offer no
opinion on whether any actions taken by the Board could be a violation of some other law or
regulation outside the scope of the Division’s review. 
For the reasons stated above, we find that the Board did not violate the Open Meeting
Law. We now consider the complaint addressed by this determination to be resolved. This
determination does not address any other complaints that may be pending with our office or the
Board. Please feel free to contact the Division at (617) 963 - 2540 if you have any questions. 
2 Open Meeting Law declinations and determinations may be found at the Attorney General’s website:
https://www.msss.gov/the-open-meeting-law. 
3 
Sincerely, 
Kerry Anne Kilcoyne 
Assistant Attorney General 
Division of Open Government 
Assisted by: Lakshmi Swami, Legal Intern, Division of Open Government 
cc: Michael Beattie (via email: ) 
Winthrop Board of License Commission c/o Clerk Denise Quist (via email:
) 
This determination was issued pursuant to G.L. c. 30A, § 23(c). A public body or any member
of a body aggrieved by a final order of the Attorney General may obtain judicial review
through an action filed in Superior Court pursuant to G.L. c. 30A, § 23(d). The complaint
must be filed in Superior Court within twenty-one days of receipt of a final order.