Spurred by angry neighbors, Rochester Selectmen postponed a decision for 45 days on whether to grant Bob’s Tire Company a “Class III” license to operate a salvage yard at 19 County Road.

At the Dec. 5 meeting with the Selectmen, neighbors of Bob’s Tire and Murphy’s Auto Salvage at 19 County Road complained that the two companies have been using the property as a junkyard, which violates the conditions of an existing special permit.

Bob’s Tire and Murphy’s Auto Salvage operate at 35 County Road and are owned by Murphy. In 1985, Michael Murphy was granted a special permit by the Zoning Board of Appeals. Residents argued, however, that the conditions of the permit have not been upheld.

Town Counsel Blair Bailey had requested Bob's Tire apply for the Class III license because as a tire dealership, the business requires the license to operate as it deals in the sale of auto parts.

Bailey said disagreement over the 19 County Road property stems from Murphy’s failure to adhere  conditions of the special permit.

The permit states that this property be used for residential purposes only, and not for disposal or storage of junk parts.

In order for the Class III hearing to proceed after the 45 days period, Murphy was ordered to clean up the property at 19 County Road from the debris currently residing there.

Board member Naida Parker said the 45 days should also give the Selectmen enough time to answer some questions they have in regards to the 1985 license issued to Murphy’s Auto Salvage.

She said the Board specifically has questions over validity the special permit has for two businesses.

If the permit was granted to one person, she said, the Board did not know if it would apply to another individual operating a separate business on the same property.

“We wanted to have a plan and to have an opportunity for our Town Counsel to contact the state,” Parker said.

Parker said that the Selectmen will wait for Bailey to contact the appropriate state officials before the board makes any decision on the matter.