After a long and contentious hearing at their December 5 meeting, the Board of Selectmen tabled Bob’s Tire’s Class III license hearing for 45 days so the company can resolve a number of longstanding issues.
Town Counsel Blair Bailey had required Bob’s Tire – which operates on the same property as Murphy’s Auto Salvage on 35 County Road – to apply for the license because dealing tires classifies as trading in auto salvage parts.
In the hearing, Robert Perry described his company as a “nice operation” that is an “asset to the town” – but many neighbors asserted that their two commercial neighbors are in noncompliance.
In particular, neighbors cited Murphy’s Auto Salvage’s failure to follow through with conditions of a 1985 Special Permit by the ZBA – namely that it clears out its other property, 19 County Road, and return it to a residential zoning condition.
Atty. Bailey, among others, had photos showing the debris that remains on the site – such as trailers, old boats and even a turret of a home. Michael Murphy said that the site was used to house tires and other debris while he cleaned out 35 County Rd. as required by the Special Permit. His son, Adam Murphy, said at the hearing that they cleaned out piles of 40,000 to 50,000 tires, and put some of them in trailers that now are at 19 County Road.
Mr. Perry and Mr. Murphy both insisted they are working to completely clean up 19 County Rd., but the slumping economy has slowed the process.
“The [1985] decision was to use [19 County Rd.] for residential use only. It is not even close,” said Atty. Bailey, who also questioned whether the business is restricting its operation to 5.1 acres of the 7-acre site, as required by the permit.
Some neighbors also complained about the truck traffic and lighting.
“Bob’s Tire is not a good neighbor. If you want, come over and have a cup of coffee on my porch at 6:00 am. [The trucks] actually shake my house…. It is impacting my value,” said one West Wareham resident.
“There are two huge lights… my whole house is lit up like a Christmas Tree at night,” said West Wareham resident David Lareau, who also contended that the company is not maintaining a 50-foot perimeter as required in the 1985 Special Permit.
“County Road is a truck route, but it seems the only trucks that cause damage are from Bob’s or Murphy’s,” responded Michael Murphy, arguing that the companies receive unfair complaints when many 18 wheelers use County Rd. that have no relation with their businesses.
Other complaints were about frequent flooding of County Road due to the pitch of 35 County Road property – but Selectman Richard Nunes told the applicants to approach Wareham’s Highway Department on the matter, as that road is under Wareham’s jurisdiction.
The Selectmen agreed that before issuing a Class III license, the 19 County Rd. site needs to be cleaned out as required by the 26-year old ZBA permit.
Also, the Selectmen voted to request help from the state’s Executive Office of Community Development to determine if Bob’s Tire needs its own Special Permit. Mr. Perry said he is operating under the belief that because Bob’s Tire shares property with Murphy’s Auto Salvage, it is under Murphy’s Special Permit. Atty. Bailey disagreed.
In other business at the meeting, the Selectmen also took time to formally acknowledge Benjamin Ferreira, a 16-year old Life Scout of Rochester Troop 31, who was awarded the Boy Scout Heroism Award for extinguishing a flame at a gas pumping station for snowmobiles.
“If it weren’t for Ben’s quick reactions and bravery, the flames would have spread to the gasoline can that was sitting on the back of the snowmobile. If the flames spread to the gas can it surely would have exploded. This would have resulted in the snowmobile rider, and Ben, being seriously hurt or even killed,” said Michael Blanchard, the Troop Master who shared the story with the Selectman.
Mr. Blanchard added that since 1923, only 3,230 troops have received the recognition, as such is a “very rare award to be handed out.”
In other business at the meeting, the Selectmen approved three Conservation Restrictions presented by Alan Decker of the Buzzards Bay Coalition. The first two CRs were for land donated to conservation by local residents: one at Old Haskell Farm at Walnut Plain Road and another off Hartley Road near Snow’s Pond.
The third CR pertained to a 28-acre property off Wolf Island Road, of which 18 acres resides in Mattapoisett and the other 10.7 acres is within Rochester’s boundaries. Mr. Decker explained that the property’s CR will be held by the town of Fairhaven, as three of its wells are near the property thus the conservation would provide aquifer protection. Laurel Farinon said the town had purchased the land for this purpose for $20,506.
Town Administrator Richard LaCamera in his report said that the pitbull owned by Jeffrey Froh of 6 Stevens Road, will be adopted by a family in a neighboring town. Three complaints about the dog over the past year prompted the Selectman to evict it at its last meeting. Although at first Town Administrator Richard LaCamera said notifying the receiving town isn’t necessary as that is required only when a dog bites a human or foal – Selectman Richard Nunes insisting on it.
In other business, the Selectmen:
• Approved alcohol beverage licenses for Plumb Corner Market of Rochester, Adrian’s Package Store, Lloyd’s Market, Rochester Golf Club and Matt’s Blackboard Restaurant.
• Approved Class II licenses to sell used vehicles for E.B. Auto Sales, Vaughan Hill Motors, C&C Auto Brokers and The Custom Shop.
• Approved Class III licenses for salvage businesses for High Street Auto and Truck Salvage and Murphy’s Auto Salvage.
By Laura Fedak Pedulli