November 07. 2013 10:54PM

Derry Dumpster Depot abutters score win with appeal

Union Leader Correspondent

DERRY— The Zoning Board of Adjustment voted unanimously Thursday night to approve an appeal by an abutter of the Dumpster Depot site plan.

ZBA members voted, 5-0, to grant the appeal of State Rep. John O'Connor, causing the crowd attending the hearing in the Derry Municipal Center to erupt into applause.

ZBA Chairman Alan Virr said the board found the Planning Board erred when it determined that the business falls under industrial permitted uses as a contractor's yard.

In granting the appeal, Virr said the board considered voluminous materials submitted by O'Connor and heard significant testimony from other abutters.

After the hearing, O'Connor said: "Substantial justice has been done. Basically what we did was take a hard look at the laws and regulations and felt strongly that the board made the right decision."

O'Connor's appeal was refused by the Zoning Board of Adjustment in an Oct. 3 meeting. The board then opted to allow O'Connor to convert the appeal from a challenge of a code enforcement decision to an appeal of the Planning Board's Aug. 21 decision to approve the site plan.

The ZBA's decision meant O'Connor could include the Planning Board's decision as well as a list of people who have been affected, the board ruled.

A number of neighbors stepped forward in recent weeks to back the appeal.

As part of the other conditions established by the board, O'Connor was supposed to submit evidence and provide a list of parties.

O'Connor has said the business isn't appropriate for the area and will diminish property values.

O'Connor has also said the plan will place Dumpsters close to an area that has a movie theater, Walmart, a restaurant and other businesses.

Dumpster Depot owner David Paul has said he understands residents living near the proposed facility don't want it in their back yard, but that it is allowed in the industrial-zoned section.

The ZBA's decision means the Planning Board would have to have Paul bring the matter back to the ZBA and request a variance, Virr said.