DerryNews.com, Derry, New Hampshire

October 24, 2013

Dumpster Depot appeal gets more time

By Julie Huss
jhuss@derrynews.com

---- — DERRY — Those hoping to stall a planned Dumpster Depot project in town will now wait until next month to make their case.

Zoning Board members postponed the hearing of an appeal put forward by Planning Board member John O’Connor until next month.

O’Connor is also a direct abutter to the Dumpster Depot site and has stepped down from all discussion and voting on the project.

He hoped to appeal an administrative decision by code enforcement office Bob Mackey, who ruled Dumpster Depot was a permitted use in the town’s Industrial III zone in that area of town near Ashleigh Drive.

O’Connor’s appeal said Mackey’s ruling was in error and that the Planning Board’s approval of the project on Aug. 21 was unlawful.

On Oct. 3, the Zoning Board ruled that an original request by O’Connor for an appeal was not filed by the proper time frame. Members then said they would consider hearing an appeal to the Planning Board’s decision.

They will now be reviewing all the information from the case, including minutes, videos and other content and will potentially rule at the meeting Nov. 7.

Zoning Board Chairman Alan Virr said this case was unique and more time could work in everyone’s favor as there is a lot of information to digest.

“This (postponement) also does not disturb Mr. O’Connor’s timelines for appeal,” Virr said.

O’Connor also has a lot of information to read and was also due to become a grandfather again, so a postponement was good.

“I appreciate the postponement,” he said.

The Planning Board gave Dumpster Depot conditional approval on Aug. 21 by a vote of 5-2, but those living nearby the proposed 7,200-square-foot facility said things were done incorrectly throughout the process.

Many residents and abutters have been outspoken in opposing the plan.