[Massplanners] developer funded escrow accounts - allowed use

[Elizabeth Ware]

Sue,
I believe that you are referring to MGL Chapter 44, Section 53 G, which are
special revenue accounts.
These funds can be used for special studies for projects that are under the
purview of the Planning Board, ZBA, Board of Selectmen (BOS), and Board of
Health.
Most communities that I have worked in have not used the funds for legal
counsel and have put the funds towards transportation, geothermal,
financial and other specialty studies.
As you may know, the town needs to get estimates from these specialists.
Generally, two or three estimates are needed, then the town board can make
the decision.
The only way the applicant can object to the board's choice is to appeal to
the BOS, on the merits that the selected consultant is not qualified.
I've never had that experience...........the consultants need to be
qualified with appropriate licenses, experience, etc.

As previously stated, I've never worked in a town that used these funds for
legal counsel.
That being stated, it would seem to me that legal costs could come under
44/53G funds, however the applicable board would need to get estimates for
the work.
I'd be curious what other planners' experience is on this issue.

Betsy Ware
Planning Consultant

On Thu, Dec 7, 2023 at 10:28 AM Town Planner via MassPlanners <
massplanners at masscptc.org> wrote:

> 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
>
> (978) 363-1100 x125
>
>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20231207/ed82526e/attachment.htm>