[Massplanners] developer funded escrow accounts - allowed use

Lynne D. Sweet ldsweet at ldsconsultinggroup.com
Thu Dec 7 10:43:11 EST 2023


What type of escrow account?
Are you asking about the peer review funds that are provided during the permitting process that go into a 53G account?
Or are you asking about application fees?
Are an escrow account for say engineering review fees collected as part of building permit?

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Lynne D. Sweet
Principal
LDS Consulting Group, LLC
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781-943-3963
Specialized Solutions for Housing(r)
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From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Town Planner via MassPlanners
Sent: Thursday, December 7, 2023 10:27 AM
To: massplanners at masscptc.org
Subject: [Massplanners] developer funded escrow accounts - allowed use

Good morning,

A simple question, I think....

Can  developer funded escrow account funds be used to pay a municipalities Legal Counsel for services related to "permitting" the project?

For example, if the Planning Board seeks advice of Legal Counsel during the permitting review process, can the cost of that legal service be charged to the Applicant and paid from the escrow account?

What section of MGL covers this?

Thanks so much.


Sue Brown, RLA
Town Planner
West Newbury
townplanner at wnewbury.org<mailto:townplanner at wnewbury.org>
(978) 363-1100 x125

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