DerryNews.com, Derry, New Hampshire

Derry

January 30, 2014

Dumpster Depot plan heading to court

Planning and Zoning boards retaining separate council

(Continued)

Acting Town Administrator Larry Budreau said last week that Dumpster Depot would be appealing the zoning decision in court.

Budreau also said the town’s counsel advised that the Planning Board retain a separate legal counsel since that board and the Zoning Board are now finding themselves in an adversarial positions due to the Dumpster Depot conflict.

It’s the Planning Board’s views against another town board, the Zoning Board, he said.

The Planning Board felt they did it all right, he said, but the Zoning Board cast doubt about how the Dumpster Depot approvals were handled. That’s why he decided to allow the Planning Board to seek the opinion of another attorney

Town Councilor Al Dimmock said he has sat on both the Planning Board and Zoning Board. He said the Zoning Board has every right to disagree with the Planning Board as they are “the judges.”

“And the Planning Board has no right to question the Zoning Board,” he said.

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