[Massplanners] Fwd: 53G Account

[Barbara Carboni]

Good morning

I think you need to have the Planning Board in particular adopt a regulation providing that it may require/use 53G funds.  That is, each board that wants to use 53G must adopt a regulation under its own statutory authority.  Planning Board authority to adopt regulations is highlighted below.

Section 53G. Notwithstanding section 53, any city or town that provides by rules promulgated under section 9 or 12 of chapter 40A, section 21 of chapter 40B, section 81Q of chapter 41 or section 31 of chapter 111, or by rules promulgated by a conservation commission established by a city or town under section 8C of chapter 40 when implementing the authority conferred under said section 8C of said chapter 40, section 40 of chapter 131, or under any local wetlands ordinance or by-law, or by rules promulgated by any municipal permit or license granting officer or board when implementing authority conferred under any statute, ordinance or by-law, for the imposition of reasonable fees for the employment of outside consultants may deposit such fees in a special account

Barbara

Barbara Carboni  AICP
Truro Town Planner and Land Use Counsel
(508) 214 0928

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Jasmin Farinacci via MassPlanners
Sent: Thursday, October 5, 2023 9:33 AM
To: massplanners at masscptc.org
Subject: [Massplanners] Fwd: 53G Account

Good morning,

Reaching out with a question on 53G accounts.

Our bylaw gives express permission for the BOS, ZBA and Con Com to utilize 53G accounts but neglects to mention the planning board.

May the planning board utilize 53G accounts without it being expressly permitted or will we need to update our bylaws?

Thank you,

Jasmin Farinacci

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