DerryNews.com, Derry, New Hampshire

September 12, 2013

Residents opposing Dumpster plan to meet

By Julie Huss
jhuss@derrynews.com

---- — DERRY — A Planning Board decision last month didn’t sit well with many who don’t want Dumpsters in their backyard.

Now, a group of residents is hoping to overturn that decision.

On Aug. 21, the Planning Board gave conditional approval to a 7,200-square-foot Dumpster Depot facility on Ashleigh Drive.

Even with a long list of conditions in place as part of the approval, board member Al Dimmock was one of two members voting against approval. He said the location is all wrong and too many neighbors live nearby.

“They are making it a transfer station,” he said. “I believe this will end up in court.”

Dumpster Depot has been on the planning table since last spring.

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 weekend 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.

Greenwich Road resident Brenda Wilson said an appeal of the Dumpster approval could be filed by the end of this week. She has become the unofficial “spokesperson” for neighbors hoping to stop the plan.

Town planning assistant Elizabeth Robidoux said there are specific timelines and ways to file appeals.

“If they are filing an Appeal of an Administrative Decision to the Zoning Board (regarding the zoning interpretation) then they have 20 days from the date of the written decision, which was available on Aug. 28,” she said. “That gives them until Sept. 17 to get something to Code Enforcement.”

Robidoux said if the group wants to appeal the Planning Board’s decision as “unlawful or unreasonable,” that would go directly to Superior Court and has to be filed within 30 days of the date of the Aug. 21 decision.

Dimmock said there are about 26 neighbors opposing the plan. He said he wouldn’t be surprised to find the Dumpster issue eventually landing in court.