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Outside Consultant Rules & Regulations

Town of Winthrop
1 Metcalf Square
Winthrop, MA 02152

Employment of Outside Consultants
(G. L. Chapter 44, Section 53G)
Rules & Regulations

1.      In any matter under review by the Winthrop Planning Board, Board of Appeals, Conservation Commission and/or Board of Health where it is determined by that Board/Commission that the assistance of outside consultants is warranted due to the size, scale, or complexity of a proposed project or because of a project’s potential impacts, the Board/Commission may require, with the concurrence and approval that the applicants pay a review fee consisting of the reasonable costs incurred by the Board/Commission for the employment of outside consultants engaged by the Board/Commission in the review of an application.

2.      In hiring outside consultants, the Town manager may engage on behalf of the Board/Commission any appropriate professional, such as engineers, architects, and/or lawyers, who can assist the Board/Commission as needed to perform its legal duties in analyzing a project to ensure compliance with all relevant laws, bylaws, and regulations and/or best practices within the consultant’s field of expertise.

3.      Funds received by the Board/Commission pursuant to this section shall be deposited with the municipal treasurer who shall, pursuant to G. L. c. 44, Section 53G, establish a special account for this purpose.  Expenditures from this special account may be made at the direction of the Board/Commission without further appropriation.  Expenditures from this special account shall be made only in connection with the review of a specific project or projects for which a review fee has been or will be collected from the applicant.  Failure of an applicant to pay a review fee shall be grounds for denial of the application.

4.      Review fees may only be spent for services rendered in connection with the specific project from which they were collected.  Accrued interest may also be spent for this purpose.  When all approvals and permits for the project have been obtained and the Board/Commission determines that further review by an outside consultant will not be needed, any excess amount in the account, including interest, if any, attributable to a special project, shall be repaid to the applicant or the applicant’s successor in interest.  A final report of said account shall be made available to the applicant or the applicant’s successor in interest.  For the purpose of this regulation, any person or entity claiming to be an applicant’s successor in interest shall provide the Board with documentation establishing such succession in interest.

5.      Pursuant to G. L. c. 44, Section 53G; any applicant may take an administrative appeal from the selection of the outside consultant to the Town Manager.  The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications.  The minimum qualifications shall consist either of an educational degree in or related to the field at issue or three or more years of practical experience in the field at issue or a related field.  The required time limit for action upon an application by the Board/Commission shall be extended by the duration of the administrative appeal.  In the event that no decision is made by the Town Manager within one month following the filing of the appeal, the selection made shall stand.

Winthrop Town Hall 1 Metcalf Square, Winthrop, MA 02152
Phone: 617.846.1852
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