DERRY — The Zoning Board closed one door to those opposing a planned Dumpster Depot in town, but opened another one for a possible appeal.
The Zoning Board denied an appeal request last week from those hoping to halt the Dumpster plan at 41 Ashleigh Drive, but said there is still a chance to bring forward concerns about the proposal.
Planning Board member and direct abutter John O’Connor appeared before the Zoning Board at a meeting Oct. 3. He hoped to appeal an administrative decision by code enforcement officer Bob Mackey, who said Dumpster Depot was a permitted use in the Industrial III zone in that area of town.
O’Connor stepped down from all discussion and voting on the Dumpster Depot plan.
Zoners told O’Connor he waited too long to file his appeal, but could appeal the Planning Board’s Dumpster Depot approval.
Zoning officials would then hear all the information from the case, review all Planning Board information and minutes, then make a decision.
Zoning Board Chairman Alan Virr said this case was unique.
“In my 10 years on the board, an appeal of an administrative decision is not the run-of-the-mill type of case we come up with,” Virr said. “I don’t recall ever having one; they are rare.”
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, appearing before various boards, including Planning, Zoning and Town Council to air their grievances.
Greenwich Road resident Brenda Wilson has a long list of why she believes the decision to conditionally approve was “unlawful, illegal and unreasonable.”
Wilson said the conditions attached to the approval process were changed between a meeting in June and final approval in August.