A proposed donation of the 127-year-old The Old Company Store to the Wareham Historical Society is “never going to happen,” says Selectman Alan Slavin, because of ongoing issues related to a failing dam.

The Old Company Store owners, John and Sandra Assad, announced their plan on Wednesday at a Zoning Board of Appeals meeting. The couple operated the Elm Street store for 23 years before closing it in July.

At that meeting, the Assads sought permission from the board on a different matter, requesting a variance to create five apartments within existing buildings on the property.

Slavin’s objection cast a shadow on the planned donation. Speaking as a member of the Wareham Historical Society, he said the offer came as a surprise.

“We have never been approached to take the building, and we would never take The Old Company Store,” said Slavin. “That’s never going to happen.”

The issue is a nonstarter because of the Elm Street dam. In August 2014, it was classified as a High Hazard Potential by the Office of Dam Safety due to structural issues. That report came two months after the Elm Street bridge was closed following a request from the Massachusetts Department of Transportation. The agency advised the town to close the bridge after spotting several safety hazards.

Slavin said if the Historical Society accepted The Old Company Store it would inherit the dam's problems.

Before Slavin spoke, the Assads explained they planned to create four apartments inside an addition connected to the original The Old Company Store, which is listed on the National Register of Historic Places. A fifth apartment was planned for the second floor of a house the Assads own next to the store.

For the Zoning Board of Appeals, the request seemed to be an appropriate use of the property – until a long-disputed bill came to light.

According to the town treasurer, the Assads are past due on a bill issued by the Sewer Department. Under town bylaws, the Zoning Board of Appeals may deny a request if an applicant has unpaid utility bills.

The disagreement between the couple and the town arose a decade ago after they requested a sewer hook up for the property. According to the Assads, one year after the connection they received a letter from the Sewer Commissioners. It stated they owed the town back pay for using the connection, but the couple says prior to the hook up they used a private sewer system.

“We don’t owe anything,” said John. “I have all the bills, the documentation, the receipts.”

He rebuffed Zoning Board Clerk James Eacobacci’s suggestion that the couple seek legal counsel.

“We have lawyers,” said John. “It’s not going to be resolved, it’s going to go on for another ten years.”

Speaking as a Selectman, Slavin said the bill is being addressed.

“It’s under litigation,” said Slavin. “[The Assads] have been notified. That’s as much as I can tell you.”

Besides the unpaid bill Zoning Board of Appeals members said other issues existed. Namely, presenting an up-to-date map of the property and seeking an opinion from the town’s current building inspector regarding the apartments.

Sandra noted that previous Building Inspector David Moore said the apartments would be allowed, pending a variance from the Zoning Board of Appeals.

Director of Planning & Community Development Kenneth Buckland said with a new building inspector on the job the Assads should seek his opinion.

“The opinion they submitted is out of date and should be updated,” said Buckland.

Eacobacci recommended the Assads regroup and return to the board with a clear plan forward.

The board voted 4-0 to deny the variance without prejudice. Briefly, board members considered denying the variance with prejudice, which would have barred the Assads from making the request for two years.

“We didn’t say: ‘no, and never come back,’” said Eacobacci. “We said: ‘no, but come back with a compelling argument.’”