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Wearham planning board votes to release completed-project 53G escrow funds, asks staff for account list

Wearham Planning Board · May 12, 2026
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Summary

After extended discussion about process and town accounting, the board voted to release 53G escrow funds for projects certified complete and asked the planning office to provide a list of affected accounts; undistributed balances will be handled per town counsel guidance.

The Wearham Planning Board voted May 11 to authorize release of 53G escrow funds tied to completed projects, directing the town planner to certify project closure and to forward a list of accounts to accounting and to attach that list to the planning-board minutes.

Board members debated long-standing procedural confusion over how 53G accounts are administered and who is responsible for releasing funds. A board member moved that the planning board "release all funds from the 53G account for projects that have been completed. Period," and the motion carried after members agreed releases should be conditioned on the planner’s certification that a project is closed and that the town treasurer/accounting follow established distribution processes. The planning office estimated roughly $350,000 across affected accounts; the board asked staff to attach a verified list of accounts and amounts to the minutes.

Several members and staff emphasized limits to the board’s administrative role. The board agreed its vote was intended to relinquish the board's ongoing interest in completed accounts and to instruct municipal staff on how to distribute the funds. Members also agreed that, if checks go uncashed or a payee cannot be located, town counsel should advise on a next step such as an interpleader action so the town may deposit funds with the court and conclude the matter.

Town planner Josh Farad explained the operational steps the planning office will take after the vote: provide accounting with the fund numbers, the original W‑9 on file, and the board’s vote recorded in the minutes so accounting has the documentary basis to issue checks. The board further asked that the planner certify that outstanding invoices tied to each closed project have been paid before final releases are processed.

The vote intends to clear long-standing backlog for projects where the planning board had previously determined work complete but distribution of deposits was not executed. The motion passed on a board vote recorded in the meeting minutes; staff will compile the list of accounts and pursue counsel guidance where needed.

The planning board did not set a date for when accounting will complete individual disbursements; members said the timing depends on certification and administrative processing by the treasurer’s office.