Conservation Commission member Paul Doolittle said he believes the applicant lied to his group.
Doolittle said the Conservation Commission approved the plan in May, but were told at that time that all Dumpsters coming back to the facility would be empty.
“We were told they (the Dumpsters) would be empty and were not told of the changes made on Aug. 21,” Doolittle said. “The client lied to us if this is where they were going.”
Planning Board member Randy Chase said the board did everything right.
“I think the board gave more than due consideration to this plan,” he said.
It wasn’t just the Planning Board hearing complaints from abutters. Dozens of residents also took their case before the Town Council last week.
Many stood up from their seats to show solidarity against the Dumpster Depot plan.
“The neighborhood and community where I reside have nothing to gain and everything to lose by accepting this deplorable business in our backyard,” said Dave Fischer, a Donmac Drive resident. “We adamantly disagree with this and contend that this business falls under prohibited uses.”
Fischer also said the original conditions agreed upon in June were “changed and ignored” by the Planning Board at the meeting in August.
“The new and revised conditions that they agreed to and supported by a vote of 5-2 are totally unacceptable, not only to the abutters, but hundreds of other Derry citizens as well,” he said. “It was one-sided and unfair, and I believe unlawful as well.”
Now that the Planning Board denied a rehearing, the next step is a Zoning Board appeal that will be heard at a meeting Oct. 3 at 7 p.m.
Planning Board member and abutter John O’Connor will present his appeal to an administrative decision by the town’s code enforcement officer, saying Dumpster Depot was a permitted use in the Industrial III zone.
As an abutter, O’Connor has stepped down from all discussion and voting on the Dumpster Depot plan. He supports the appeal process.