DerryNews.com, Derry, New Hampshire

October 3, 2013

Dumpster opposition heads to zoning board

By Julie Huss
jhuss@derrynews.com

---- — DERRY — Dumpster Depot’s proposal for Ashleigh Drive has been approved, but those against the plan are continuing a fight to stop the project.

After the Planning Board denied a request to rehear the case at a meeting Sept. 18, the next step is an appeal before the Zoning Board.

That is on the agenda Oct. 3. The meeting begins at 7 p.m.

The zoning appeal is the next attempt by residents and abutters to try to halt Dumpster Depot from being located at 41 Ashleigh Drive.

The Planning Board gave the project conditional approval on Aug. 21, but those living nearby the proposed 7,200-square-foot facility don’t want Dumpsters in their backyards.

Conditions attached to the plan’s approval, including updated landscaping, revised hours of operation, only empty Dumpsters allowed on the site with the exception of a 24-hour stay during weekdays and a 36-hour stay on weekends if needed. Also, there will be no washing of the Dumpsters and no fueling done at the property.

As many as 350 Dumpsters could stored at the facility.

Some residents said the final conditions changed by the time the approval vote came last month.

Planning Board member and direct site abutter John O’ Connor is leading the zoning appeal charge. He stepped down from all decisions related to this plan.

He will offer another take on why Dumpster Depot should not be allowed in that zoning district, Industrial III.

His appeal states there was an error on the part of the town’s code enforcement officer with an “unlawful decision to determine that Dumpster Depot LLC falls under Article VI Section 165-41 Industrial District III, subsection A, permitted uses as a ‘Contractors Yard.’”

That designation is incorrect, O’Connor said.

He wants zoners to reverse the decision to put Dumpster Depot in that category as a permitted use.

“I believe that I’ve shown a strong case that (Code Enforcement Officer) erred in his decision and by not knowing all the facts at the time of the application he would have not made this decision,” the appeal reads.

Others say the current plan is different that what was originally presented.

Conservation Commission members say they heard details of the plan earlier this year and are supposed to make decisions based on any wetland impact or other environmental issues associated with the site location and project.

Early details of the plan were that only empty, clean Dumpsters would be allowed on the site.

“We were told Dumpsters would be empty,” Conservation Commission Chairman Margie Ives said. “Unfortunately, I signed the plan in June based on the information we had. They assured us they would be empty.”

In the future, Ives said, her board would be more aware of concerns attached to a proposed plan.

“This may have opened our eyes wide,” she said.