Conditions attached to the plan included an update landscaping plan, no fueling on site, revised hours of operation, no Dumpster washing on site, annual rodent and mosquito control measures, and only empty Dumpsters allowed on site, with the exception of a 24-hour stay during the weekdays and a 36-hour stay on the weekends in the event that is needed. Dumpsters must remain covered, on the truck and be parked under a canopy on site.
But the Planning Board held firm to its original approval and denied a rehearing of the case.
Virr said the appeal process could continue as residents’ opinions should be heard.
“We will hear the Planning Board case,” he said. “This board feels it is our responsibility to take care of the townspeople of Derry.”
Board member Lynn Perkins said having the Zoning Board hear the Planning Board case may work in opponents’ favor.
“This broadens the range of evidence you can bring toward this board,” Perkins said.
Once the Zoning Board makes a decision, those appealing that decision have 30 days to file in Superior Court if they choose to do so.
“I hope that doesn’t happen,” Virr said.
Virr told O’Connor that even though his original appeal did not work out, he still had a chance to move on with the next chapter of the appeal process.
“Mr. O’Connor, you’ve lost, but you may have won,” Virr said.
Dumpster Depot developers and owners also will have a chance to be heard, Virr said.
The next meeting is set for Oct. 17 at 7 p.m.