ADAMS, Mass. — The Zoning Board of Appeals approved a special permit application on Tuesday to re-establish the defunct Dug-Out Motel.

 

Attorney Jeffrey Grandchamp, representing Mount Royal II Inc., told the ZBA that because the Dug-Out a 99 Howland Ave. has not been used as a hotel in more than two years, a special permit was needed to allow the use as originally permitted.

 

Grandchamp noted that the motel is an eyesore and his client wants to clean it up. 

 

"My client owns and develops hotels, and he found this one, probably through a realtor, and he came up and saw it," Grandchamp said. "He thinks he can make a suitable go at it, and understands it needs to be brought up to code ... he thinks Adams needs it for business travelers and so forth."

 

The principal of Mount Royal is listed as Syed M. Bokhari  of Waltham.

 

The building inspector sent a letter to the board confirming that there are back taxes on the property, which means a permit cannot be issued.

 

Grandchamp said his client will only move forward if the permit is granted, but has no issue if the board added as a stipulation that all back taxes must be paid upon the closing of the sale.

 

The board voted to add this stipulation to the permit.

 

Grandchamp asked the board to waive the review of a site plan review because the permit is to re-establish a use that had already been granted. He did admit that those site plans cannot be found and the permits that were issued have no information attached. 

 

He said the footprint of the property will not be changed.

 

"My client is not planning on making any exterior changes to the footprint of the building or the pavement," he said. "Obviously, he is going to clean it up and bring the property into compliance and make it look more presentable for his business purposes."  

 

He said if the board did not want to waive the review he would have to withdraw the application and meet with his client because a full new site plan would be a large investment that would push the project out a year. 

 

The board voted to waive the review and felt a motel could be good for the town.

 

"It will be nice to have it done," board member Michael Mach said. "That is such an eyesore for the town. People come into town and that is the first thing they see."

 

Board member Peter Gutmann asked that the conditions require the potential owner to keep up the appearance of the motel at all times. He said he hopes it might help clean up a "disgusting" area of town.

 

The now decrepit motel was most recently used as a boarding house until being closed in 2012. An investigation by the code enforcement officer found numerous code violations and a report of a rat biting a child. Fifteen families were ordered to leave.

 

The motel was owned by Shoba Inc., which leased it out to managers Guravtar Enterprises. The motel's management was taken to Housing Court and the building was placed under court-ordered receivership.

 

The Board of Health reported that the motel was officially emptied, closed off and secured in 2013 and it has sat empty since. It sits amidst commercial properties but across the street from a residential area.

 

In other business, the board approved a special permit for Bonnie Thompson to raise six chickens at her Burnett Street residence. The home is in an R-3 district.

 

Letters from abuttors and those who attended the meeting asked that a screened fence be placed around the yard. Abuttors were also concerned about noise, waste, a rooster, and trespassing chickens.

 

Thompson said her yard is enclosed and the chickens' wings are clipped twice a month so they cannot fly around. She added that she has no plans to own a rooster.  

 

She said the chicken waste that she does not use in her garden is cleaned up frequently and put in an isolated container. It is picked up weekly by a garbage service.

 

As for the screened fence, Thompson said she felt this would be too much and a great expense to her.

 

Mach said he visited the property and saw no real issues.

 

"I was up there, and they keep it really clean and they clean it every week," he said. "I didn't smell anything up there and you do have every right to be fearful of run off but as long as she keeps that place as clean as I saw it, you should have no problems."  

 

The board agreed that the existing fence was sufficient. 

 

The board put conditions on the permit that mandate Thompson maintain odor, noise, excessive unsightliness, maintain fencing, to not store manure for more than a week, keep manure stored in a sealed container, and make sure the chickens stay in the yard.

 

The permit is applicable until Thompson moves, which she plans to in 10 months.

 

Gutmann noted that the abuttors now have more power and if Thompson does not meet the conditions, they can call the building inspector for enforcement.

 

Abuttors were still concerned about the fence.

 

Gutmann said the town bylaws do not call for a screened fence but agreed the Planning Board should update these bylaws.

 

"I think your point is well taken and I think it is something that needs to be brought to the Planning Board because anybody that is planning on raising livestock now has no setback requirement," he said. "There is no setback requirement they can put that right on the edge of the property. I do not agree with that especially if you are in an area where the houses are close together."