[Massplanners] developer funded escrow accounts - allowed use

[Richard Harris]

Good Afternoon,

I think it depends on the nature of legal advice you are seeking. For
instance, under 53G, outside consultants are routinely employed to review
an applicant's submittal and  provide an evaluation of completeness and
validity - were the traffic analyses performed correctly? Are there
outstanding stormwater issues? etc.

I have seen legal counsel employed to review an applicant's proposed
easements and related legal submissions. But, if the legal advice you are
seeking is to challenge whether the applicant is legally entitled to an
approval, then I would expect an applicant to object.

We have had that request made in a prior employment and the applicant
objected and Town Counsel advised not to pursue it.

Thank you

Richard Harris, AICP
PDR, LLC
Planning Consultant
413-335-5012


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
>
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