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ZBA denies variance for junkyard at 63 Back River Road after neighbors object
Summary
The Merrimack Zoning Board unanimously denied a request to allow a junkyard at 63 Back River Road, citing public-interest and hardship criteria; neighbors submitted letters and spoke in opposition.
The Merrimack Zoning Board of Adjustment on Feb. 26 unanimously denied a variance request that would have allowed a junkyard at 63 Back River Road.
Petitioner Richard Buchesne sought a variance from section 5.01 of the zoning ordinance to continue storing multiple unregistered vehicles and other items on a residential property. Town staff told the board that, under Merrimack’s ordinance and state statute, multiple unregistered vehicles stored on a residential lot meet the definition of a junkyard and that a junkyard is not allowed in the R‑4 residential district without a variance followed by a Town Council license.
At the hearing several nearby residents spoke against the petition. John Gorski, who lives at 62 Back River Road, said vehicles had not moved “in maybe a decade or so” and described the visible cars as an eyesore. Written submissions read into the record from Dennis and Joanne Dugan and from Ralph and Claudette Piscopo said they opposed rezoning or classifying the property for a junkyard and raised worries about wetlands near the rear of the properties.
The petitioner explained he is a certified mechanic and said he stores vehicles that he repairs and returns to service; he also said personal circumstances had delayed some repairs. He told the board he would clean the yard after mud season and said he was willing to work with the town to screen or cover items. “I’m absolutely willing to… cover it up or clean it up,” he said.
Board members expressed concern that approving the variance would allow a junkyard classification to run with the property and could permit more intense future uses. Rich (board member) moved to deny the variance on the grounds that the request failed multiple statutory criteria, including public interest, spirit of the ordinance, and unnecessary hardship; Ben seconded. The motion carried 5-0.
Casey (community-development staff) told the board that, if the board had granted a variance, the petitioner would still need a junkyard license from Town Council, which the petitioner was directed to obtain information about.
Votes at a glance: Variance to permit a junkyard at 63 Back River Road — Motion to deny adopted 5-0; petitioner may pursue other remedies but the board found the variance criteria unmet.
