Junkyard License Hearing Sparks Citizen Ejection

By Chris Paul

During the July 10 meeting of the Town Council, the yearly process of licensing the two junkyards in town took place and as is the usual case, issues were raised by resident, Richard Bielinski Jr.
One of the license renewals was for Murray’s Auto Recycling.
Assistant Building Inspector, Brad Anderson, gave his report on Murray’s and told the council that there were times, occasionally throughout the year, when he had to remind the owner that his vehicles were visible above the fence line.
Anderson also explained that the owner, Ed Dudek, told him that there were times when the shredder he uses was down during that period, which caused a backup of cars being shredded, he claimed this was the reason for the vehicles being piled up too high in the yard.
Anderson said he told Dudek to obtain a letter from the shredding company to confirm what the dates were, which he said, Dudek provided.
Town Councilor, Ron Dunn, asked if auctions are allowed on the property, noting there was an ad in the Londonderry Times, a couple of months prior, indicating there would be an auction held at the business.
Anderson said he wasn’t aware and Town Council Chair, John Farrell, interjected there was no evidence of the auction happening in person or online.
It was also noted by Anderson that they have had complaints of auctions in the past, but never found evidence.
“I’ve had complaints about auctions happening on that property,” Anderson said.
Dunn said he got a report from a resident who said there was a time when a box truck was parked outside of the property, which he said he had a photo of.
Farrell noted there needs to be evidence of violations and they need to be reported in order for any enforcement actions to take place.
Bielinski tried to speak several times during the meeting and was ultimately told to leave by Farrell.
Farrell stated that there is no public comment allowed and if he tries to again, he’ll ask him to leave.
Dunn then told the chairman that Bielinski had made him aware of an RSA that would show that public comment should be allowed if complaints have been filed against the junkyard.
Farrell again stated they would not be taking public comment.
One of the concerns Bielinski was looking to raise was in regards to an enforcement document filed with the court.
He was then ushered out of the meeting by a police officer.
Town Manager, Mike Malaguti, then asked Dunn to clarify the RSA.
After Malaguti read the RSA, Farrell suggested the council take a short recess to discuss it.
Following the five-minute break, Farrell opened up public comment, but the only residents wishing to comment had already been asked to leave.
With no other comments, member, Chad Franz, quickly motioned to approve both licences. One for Murray’s and the other for S&S Metals Recycling Inc.
Before the vote, Dunn wanted clarification on complaints issued.
Malaguti said there was an enforcement document filed, but said sometimes courts misfile documents.
“The court lost it,” Malaguti said.
In regard to S&S, Anderson noted that there were times throughout the year when the front of the property on Rockingham Road “needed attention to maintain compliance with licensing conditions as well as keep the aisles open in the yard for fire trucks in the event of a fire.”
“Mr. Solomini addressed these issues, the front of the lot remains in compliance and the aisles have been opened,” Anderson said.
Anderson said he was recommending approval for both of the license renewals.
The Town Council approved the two license renewals.
After the meeting, Bielinski shared a copy of the RSA that was discussed during their break.
RSA 236:95 License Requirements states, in part, that “At the time of the hearing, the commissioner of transportation or his agent shall hear the applicant and all other persons wishing to be heard.”
In section 236:117 of the requirements, it states, “The governing body shall hear from the applicant and all other persons wishing to be heard on the application…”
Contacting Dudek on the question of Auctions being held at the yard, he said it’s a requirement by the state in order to change the name on a title of an abandoned vehicle (RSA 262:33) to recover towing cost. “No one has ever shown up to the auctions.” Dudek said.

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