Adams Will Take Former Curtis Paper Mill for Half-Million in Back Taxes
ADAMS, Mass. — The town's had enough of chasing a local business down for delinquent taxes.
The Zoning Board of Appeals on Tuesday voted to revoke MJD Real Estate's operating permits after the company accumulated more than $477,047.40 in unpaid real estate and personal property taxes.
The vote was unanimous to pull the permits for the freight transportation terminal facility operating at 115 Howland Ave., the former Curtis Fine Paper mill.
"Given the town's financial situation ... and the school's finances, we can no longer afford to let businesses in town simply not pay taxes," Town Administrator Tony Mazzucco said. "I know there are a lot of residents in town and a lot of businesses in town that are struggling, and they still pay their taxes."
Norman Dellaghelfa Jr. and Roberta Dellaghelfa purchased the property from the obsolete Curtis Fine Papers in 2009 for $15,000 for their trucking business. But the town has faced an uphill battle for years in hounding MJD to pay its taxes; after a long-standing stalemate with MJD, the town will attempt to take the property.
There was no representation of MJD at the meeting even though town officials said the proper notification procedure was followed.
"They signed an agreement that they would come full on their taxes and they have failed to do so," Mazzucco said. "It is time for the community to take action and stop this business from operating at the expense of the taxpayers of this community."
Mazzucco said the unpaid taxes could have gone a long way in a town budget that has been in dire straits the past few years.
"When someone doesn't pay their taxes that amount is paid by the rest of the community, and it comes right out of our assessor's overlay and right out of our free cash," he said. "So this is money that would otherwise be used to decrease the tax levy in town or purchase things that we need."
Treasurer Kelly Rice said MJD's unpaid taxes account for 40 to 45 percent of the total delinquent taxes owed to the town.
The property is nearly 12 acres with 180,000 square feet of building and was most recently assessed at about $675,000.
Mazzucco said the town will put a lien on the property, with followup in court, and take action to make sure the business has ceased operations. He said the town will be able to take the property in two to three years.
"We are dealing with a property that has been a delinquent property for years and has been a black mark on the town," Mazzucco said. "It is the beginning of the end of a business and property that has been ripping the town off for many years."
The board also approved the special permit request of Richard and Dawn Milesi for a property on East Road. Because of Conservation Commission demands, the Milesis cannot install a driveway on their East Road frontage so they asked the board to approve driveway access on Wenzel Terrace, a private driveway they own.
Although Wenzel Terrace is private, four other homes are on the terrace and use it to get to their driveways.
Some abutters attended the meeting and stated that they were concerned about access to their homes. Some asked that the Milesis be forced to provide funding to make repairs to the already deteriorating road in the anticipation that construction vehicles needed to build the new home will further damage the road. Also, abutters asked that the town take the road and turn it into a public way.
Chairman Peter West said this would be illegal for the town to do.
"This is kind of a quagmire up there and I get it, but unfortunately they own the road, and the town can't come in and take it," West said. "One of the problems, when you buy on a private road, is you have to deal with the owner and how they maintain it ... if they wanted to dig trenches in the road right now, they have the legal right to do it."
Board member Peter Gutmann agreed and said the abutters should have known this before purchasing their homes or purchased the road when it was for sale.
"Deeded right away allows you the right to trespass on someone else's property to access yours, and it is a very weak law," Gutmann said. "This is closing the barn door after all the chickens are out. When you are buying real estate you have to be cognizant of what you are buying."
He suggested that the abutters just learn to work with their new neighbors.
Mazzucco added that the town will still have to plow the private road to allow emergency response vehicle access. He said this would not be the case if there was only one home on the terrace. But he added that town is not responsible for any repairs to the road.
Also, the board did not approve the request of an East Road resident for a reduction of a side yard property line from 20 feet to 5 feet in order to place a motor home carport because it did not meet variance criteria.
Tags: liens, property taxes,
